HomeMy WebLinkAbout2019-09-03 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TOW N COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
6:00 PM, September 3, 2019
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 (15 min.)
2.Any action as a result of executive session
3.Proclamations (5 min.)
3.1.Proclamation No. 8, Series of 2019, Constitution Week Septermber 17
through September 23, 2019
Presenter(s): Dave Chapin, Mayor, Leesa Sherman-Hochmuth, Regent,
10th Mountain Chapter, NSDAR Representative
4.Consent Agenda (5 min.)
4.1.August 6, 2019 Town Council Meeting Minutes
4.2.August 20, 2019 Town Council Meeting Minutes
4.3.Resolution No. 35, Series of 2019 , A Resolution Approving an Amended
Operating Plan and Budget of the Vail Local Marketing District for its Fiscal
Year January 1, 2019 Through December 31, 2019
Background: See attached memo.
Staff Recommendation: Approve Resolution No. 35, Series of 2019
4.4.Request to award contract to WET Design to upgrade control system for
Seibert Fountain in the amount of $105,000.
Background: Seibert Fountain was constructed in 2006. Technology for the
control system has improved dramatically since that time. Contract will
replace the existing mechanical controls with a computerized control
system. This modification will result in more efficient operation and
maintenance of the fountain and save staff time.
Staff Recommendation: Staff recommends award of the contract.
September 3, 2019 - Page 1 of 57
5.Town Manager Report (10 min.)
5.1.Town Manager Recruitment Update
Presenter(s): Krista Miller, Human Resources
5.2.Update Town of Vail/Vail Mountain Guest Experience Initiatives
Presenter(s): Patty McKenny, Interim Town Manager
6.Action Items
6.1.Resolution No. 36, Series 2019, Resolution of the Vail Town Council
submitting a ballot issue to the registered electors of the Town of Vail at the
November 5, 2019 regular election to impose a special sales tax on
cigarettes, tobacco products and nicotine products.
10 min.
Presenter(s): Matt Mire, Town Attorney and Kathleen Halloran, Finance
Director
Action Requested of Council: Approve, approve with amendments or
deny Resolution No. 36, Series 2019.
Background: To discourage the use of cigarettes, tobacco and nicotine
products, this ballot question will ask voters to approve a special tax of $3
per pack of 20 cigarettes and 40% on the price paid of all other tobacco
products in the regular election this November.
Staff Recommendation: Approve Resolution No. 36, Series 2019.
6.2.Resolution No. 37, Series of 2019, Resolution Approving an
Intergovernmental Agreement Between the Town of Vail and Eagle County
Regarding the TABOR Notice for the November 5, 2019 Election.
5 min.
Presenter(s): Tammy Nagel, Town Clerk
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 37, Series of 2019.
Background: the Town of Vail is not participating in the coordinated election
and instead intends to submit a ballot issue on its own municipal ballot in its
own non-coordinated election, which ballot issue will require a notice
pursuant to the Taxpayer Bill of Rights at Article X, Section 20 of the
Colorado Constitution. Eagle County (the is also preparing a combined
TABOR Notice for political subdivisions participating in the coordinated
election. The Colorado Const. art. X, § 20(3)(b) authorizes designated
elected officials to mail at the least cost, and as a package where districts
overlap, TABOR Notices addressed to “All Registered Voters” at each
address of one or more active registered electors. For purposes of
efficiency and to result in the “least cost” to both entities, the Town and
County desire to combine their mailings of the respective TABOR Notices
and wish to enter into an Intergovernmental Agreement (the “IGA”) which
clarifies their responsibilities.
Staff Recommendation: Approve Resolution No. 37, Series of 2019
6.3.Ordinance No. 12, Series of 2019, First Reading, An Ordinance Amending
Section 5-14-8 of the Vail Town Code Regarding Stream Tract Protection
and Related Violations and Penalties
10 min.
Presenter(s): Pete Wadden, Watershed Education Coordinator
Action Requested of Council: Approve, approve with amendments or deny
Ordinance No. 12, Series of 2019 upon first reading
Background: Following an update on the status of town-owned stream tract
along Gore Creek and several of its tributaries on August 6, Town Council
September 3, 2019 - Page 2 of 57
determined that more stringent and defined penalties should be put in place
to bring properties remaining in violation into compliance. The town attorney
was directed to make changes to town code increasing the fines for
trespass on the publically-owned designated stream tract property.
Staff Recommendation: Approve, approve with amendments or deny
Ordinance No. 12, Series of 2019 upon first reading
7.Adjournment
7.1.Adjournment 6:55 pm estimate
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.
September 3, 2019 - Page 3 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Proclamation No. 8, Series of 2019, Constitution Week Septermber 17 through
September 23, 2019
PRESENTER(S): Dave Chapin, Mayor, Leesa Sherman-Hochmuth, Regent, 10th Mountain
Chapter, NSDAR Representative
ATTACHMENTS:
Description
Proclamation No. 8, Series of 2019
September 3, 2019 - Page 4 of 57
PROCLAMATION NO. 8, SERIES OF 2019
CONSTITUTION WEEK
September 17 through September 23, 2019
WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; WHEREAS, September 17, 2019, marks the two hundred and thirty-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will
commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, we, the Vail Town Council, do hereby promote do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained.
Dated this 3rd day of September, 2019.
Vail Town Council Attest:
___________________________
Dave Chapin, Mayor Tammy Nagel, Town Clerk
September 3, 2019 - Page 5 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: August 6, 2019 Town Council Meeting Minutes
ATTACHMENTS:
Description
August 6, 2019 Town Council Meeting Minutes
September 3, 2019 - Page 6 of 57
Town Council Meeting Minutes of August 6, 2019 Page 1
Vail Town Council Meeting Minutes
Tuesday, August 6, 2019
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Patty McKenny, Interim Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Diane Johnson, Eagle River Water & Sanitation District, thanked the Town and Vail Recreation
District for their assistance in firming up water rights for the Gore Creek Whitewater Park.
Jonathan Levine, taxi owner, spoke to council about new traction laws and safety concerns for
citizens and guests of Vail if Uber or Lyft are allowed to operate at the Eagle County Airport.
Anne Esson, West Vail resident, expressed concerns about the Town's planning and review
processes and community transparency. Esson would like to see more outreach regarding
development projects such as the Booth Heights development application, the Town Shops
redevelopment and the Civic Area Plan.
Tom Vuccich, East Vail resident, thanked the Town of Vail environmental team for their efforts
on Gore Creek stream tract rebuild. Additionally, Vuccich thanked staff for having more than
one wildlife expert involved in providing information and guidelines for the bighorn sheep
mitigation on the Booth Falls development in East Vail.
2. Consent Agenda
2.1. Resolution No. 31, Series of 2019, A Resolution Approving an Intergovernmental
Agreement (the "IGA") Between the Town of Vail and Eagle River Water and Sanitation
District Regarding the Paving of the Red Sandstone Elementary School Access Road;
and Setting Forth Details in Regard Thereto.
Background: The Town of Vail is planning to resurface a portion of the Red Sandstone
Elementary School access road. The Eagle River Water and Sanitation District has installed a
new water main across the access road is required to resurface the access road in their
construction area. The Town and District staff recommends combining paving efforts to
minimize impact to the site and provide a better quality final product. Work is to be completed
September 3, 2019 - Page 7 of 57
Town Council Meeting Minutes of August 6, 2019 Page 2
prior to the start of the school district fall term. The District will reimburse the Town for the
described work.
Staff Recommendation: Staff recommends approving Resolution No. 31, Series of 2019, A
Resolution Approving an Intergovernmental Agreement (the "IGA") Between the Town of Vail
and Eagle River Water and Sanitation District Regarding the Paving of the Red Sandstone
Elementary School Access Road; and Setting Forth Details in Regard Thereto.
Moffet made a motion to approve Resolution No. 31, Series of 2019; Langmaid seconded the
motion passed (7-0).
2.2. Resolution No. 32, Series of 2019, A Resolution Approving an Intergovernmental
Agreement (the "IGA") Between the Town of Vail and Eagle River Water and Sanitation
District Regarding the Construction of Sanitary Sewer Main at Bridge Road; and Setting
Forth Details in Regard Thereto.
Background: The Town of Vail is currently reconstructing the Bridge Road structure over Gore
Creek and the Eagle River Water and Sanitation District wishes to relocate a sanitary sewer
manhole and replace approximately 58' of sanitary sewer main in the vicinity of the Town's
project. The proposed work does not impact the Town's construction schedule. The District will
reimburse the Town for the described work.
Staff Recommendation: Staff recommends approving Resolution No. 32, Series of 2019, A
Resolution Approving an Intergovernmental Agreement (the "IGA") Between the Town of Vail
and Eagle River Water and Sanitation District Regarding the Construction of Sanitary Sewer
Main at Bridge Road; and Setting Forth Details in Regard Thereto.
Moffet made a motion to approve Resolution No. 32, Series of 2019; Langmaid seconded the
motion passed (7-0).
2.3. Resolution No. 33, Series of 2019, a Resolution Approving an Intergovernmental
Contract Between the Town of Vail and the State of Colorado Department of Public
Health and Environment Water Quality Control Division.
Background: Untreated storm water has been identified in the Gore Creek Strategic Action plan
as one of three main causes of Gore Creek's impairment. To address this problem town
environmental staff and engineers have identified a prioritized list of storm water retrofits and
upgrades. Projects have already been completed or are nearly complete at the town snow
dump, public works facility, East Vail interchange, Stephen's Park and Ford Park soccer fields.
The next high priority project is on Westhaven Drive. This project is designed to filter and treat
storm water from the Hotel Talisa complex, Westhaven Drive and portions of I-70 and the South
Frontage Road. In addition to the $167,589 in state funds, Hotel Talisa has contributed $20,000
towards this project. Matching funds from the town are required and budgeted.
Staff Recommendation: Staff recommends the approval of Resolution 33, Series of 2019, a
Resolution Approving an Intergovernmental Contract Between the Town of Vail and the State of
Colorado Department of Public Health and Environment Water Quality Control Division.
Moffet made a motion to approve Resolution No. 33, Series of 2019; Langmaid seconded the
motion passed (7-0).
September 3, 2019 - Page 8 of 57
Town Council Meeting Minutes of August 6, 2019 Page 3
2.4. Contract with Conservation by Design for Gore Valley Trail Interpretive Installation
Presenter(s): Peter Wadden, Watershed Education Coordinator
Background: On May 20, 2018, Town of Vail entered into a contract with the interpretive design
firm Conservation by Design for the development of the Gore Valley Trail Interpretive Plan.
Town Council adopted the interpretive plan on April 2, 2019. The next step in enacting the Plan
is to design a watershed walk-over map, 12 story stations and two picnic table tops as well as
fabricate the story stations and table tops (Attachment A).
Staff Recommendation: Staff recommends Council authorize the acting town manager to enter
into a contract with Conservation by Design.
Moffet made a motion to authorize the Town Manager to enter into a contract approved by the
Town Attorney with Conservation by Design; Langmaid seconded the motion passed (7-0).
2.5. Request approval from the Town Council to purchase up to 7 battery electric 40'
low floor buses from Gillig Inc. per the bus replacement plan.
Background: Request approval from the Town Council to purchase up to 7 battery electric
buses per the bus replacement plan. The TOV owns and operates 32 transit buses, the buses
are on a 12 year replacement plan, which is consistent with FTA requirements that a transit bus
be designed and operate for a minimum of 12 years. The two oldest buses are not on the
replacement schedule and are used as backup buses. The bus replacement plan has seven
buses to be replaced in 2020 that will be battery electric. After demoing many different vendors
of battery electric buses our team would recommend that we purchase Gillig battery electric
buses.
Staff Recommendation: Authorize the Town Manager to approve the purchase of up to 7, 40’
Gillig battery electric low floor buses and order the seven buses this year to take delivery in
2020. These funds are in the 5 year capital plan in 2020.
Moffet made a motion to approve the purchase of seven battery electric buses; Langmaid
seconded the motion passed (7-0).
2.6. Vail Valley Drive at Vail Trails Sidewalk Extension Contract Award
Background: In cooperation with the Vail Trails Chalet's the Town of Vail will construct a
sidewalk along Vail Valley Drive in front of the Vail Trails Chalet's. This is a critical missing
piece of sidewalk along Vail Valley Drive and will provide safer access along Vail Valley Drive
and to Vail Trails.
Staff Recommendation: Staff recommends the Town Council directs the Town Manager to enter
into a contract with Icon, Inc. in the amount of $92,402.60, in a form approved by the Town
Attorney; and to enter into a reimbursement agreement with Vail Trail’s in the amount of
$20,403.40 in a form approved by the Town Attorney.
September 3, 2019 - Page 9 of 57
Town Council Meeting Minutes of August 6, 2019 Page 4
Moffet made a motion to authorize the Town Manager to enter into a contract with Icon Inc. not
to exceed $92,402.60 and for the Town Manager to enter into a contract with Vail Trail for
reimbursement of $20,403.40; Langmaid seconded the motion passed (7-0).
3. Town Manager Report (5 min.)
3.1. Red Sandstone Parking Structure Update
Presenter(s): Greg Hall, Public Works Director
Greg Hall, Public Works Director, stated the concrete on level 3 and level 2 of the Red
Sandstone Parking Structure would need to be replaced beginning August 21. Hall stated this
was the responsibility of the contractor and there was no additional cost to the Town.
4. Presentations / Discussion
4.1. Civic Area Plan Update
Presenter(s): Matt Gennett, Community Development Director
Action Requested of Council: Staff asks Council to review the presentation and provide direction
to the project team.
Background: Following up from our last update to Council on July 16, 2019, this presentation
will focus on the remaining timeline and work program for the plan, a description of how the third
engagement window will rollout and function, and the eleven key elements of the plan.
Tom Braun, Braun and Associates and member of the consultant team, asked council for
confirmation the consultant team was on the right track with key elements of the Civic Area
Plan.
1. Define components of Re-development of Dobson Ice Arena
Demo Dobson
New arena with many upgrades
Arena utilized primarily for ice
Special events similar to past
Outline potential program elements and recreational potential
Connectivity with Charter site
Parking/Drop-off
Most Council members supported demoing Dobson Ice Arena and focusing on state of art ice
arena and emphasis on multi-purpose uses. Additionally, Council members made suggestions
for a second sheet of ice to be used for current programs when Dobson was demoed. Other
council members expressed concerns for the cost and would like to see an economic study.
2. Which site in the study area should contain the proposed Multi-purpose events facility
Charter bus lot/Dobson Ice Arena
Municipal Site
After hearing the pros on cons of each site, Council agreed the Charter bus lot/Dobson Ice
Arena would be the best location for the Multi-purpose events facility.
3. Circulation around Charter/Dobson
Council overall was fine with the solution but suggested the consultant team review the original
Lionshead Redevelopment Master Plan and some of the earlier recommendations for
transportation and circulation.
September 3, 2019 - Page 10 of 57
Town Council Meeting Minutes of August 6, 2019 Page 5
4. Relocating the South Frontage Road
After hearing the pros and cons of relocating the South Frontage Road Council agreed to leave
both options in the Civic Area Plan
5. Town Hall
Remain on current site
Police Department to remain the same
New Admin and Community Development building
Potential housing or other development
Council mostly agreed to Town Hall should stay on current site, but also explored the idea of
moving it to the Chart bus lot.
Public comment was called.
Laurie Mullen, Vail resident, supports the redevelopment of Dobson, a second sheet of ice and
a multi purpose facility.
Gwen Scalpello suggested the need for more clarity about the town's future needs. She
supports the concept of a 2nd ice sheet and suggested municipal functions stay on the same
site. She encouraged council to be practical.
Alison Wadey, stated hockey was a growing sport and that families want to come to Vail to play
hockey. Wadey supported a second sheet of ice.
Beth Slifer, Vail Local Marketing District Advisory Committee Chair and Vail resident, expressed
concern and asked council to decide what the two highest priorities are and provide clear
direction to the consulting team.
Public comment was closed.
Council agreed a multi-purpose facility was the biggest priority. Council thanked the consultant
team.
There being no further business to come before the council, Moffet moved to adjourn the
meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:54
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
September 3, 2019 - Page 11 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: August 20, 2019 Town Council Meeting Minutes
ATTACHMENTS:
Description
August 20, 2019 Town Council Meeting Minutes
September 3, 2019 - Page 12 of 57
Town Council Meeting Minutes of August 20, 2019 Page 1
Vail Town Council Meeting
Minutes Tuesday, August 20, 2019
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Members absent: Travis Coggin 6:00 p.m. – 6:20 p.m.
Staff members present: Patty McKenny, Interim Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Joe Staufer, Vail resident, expressed concern about Town staff not providing the community the
all information the three experts provided in their expert reports concerning the Booth Falls
development.
Anne Esson, Vail resident, requested Council have an independent expert valuate the Public
Works redevelopment concerning wildlife and the big horn sheep habitat behind the Public
Works building.
Council member, Kevin Foley, offered Council’s condolences to the Gramshammer family. Pepi
will be missed!
2. Appointments for Boards and Commissions
2.1. Design and Review Board (DRB) Appointment
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Motion to appoint one member to serve on DRB for a partial six
month term ending March 31, 2020.
Bruno made a motion to appoint Kit Austin to the DRB for a partial term; Langmaid seconded
the motion passed (7-0).
3. Consent Agenda (5 min.)
3.1. July 2, 2019 Town Council Meeting Minutes
September 3, 2019 - Page 13 of 57
Town Council Meeting Minutes of August 20, 2019 Page 2
Moffet made a motion to approve the July 2, 2019 meeting minutes; Foley seconded the motion
passed (7-0).
3.2. July 16, 2019 Town Council Meeting Minutes
Moffet made a motion to approve July 16, 2019 meeting minutes; Mason seconded the motion
passed (7-0).
3.3. Bridge Road Creek Access and Stabilization Construction Contract
Presenter(s): Gregg Barrie, Vail Public Works
Background: Staff is requesting approval of a Construction Agreement with Diggin It Riverworks,
Inc. for the construction the Gore Creek Access and Stabilization Project at Bridge Road. The
area near the Bridge Road bridge has long been used by boaters to access Gore Creek. The
construction of a new bridge will eliminate the existing informal put-in. The proposed project will
provide an improved boater put-in, an equipment drop-off area and a new soft-surface trail to
access the put-in.
Moffet made a motion to authorize the Town Manager to enter into an agreement approved by
the Town Attorney with Diggin It Riverworks Inc.; Mason seconded the motion passed (7-0).
3.4. Resolution No. 34, Series of 2019, A Resolution adopting the Colorado Communities
for Climate Action Policy Statement for 2019-2020 and setting forth details in regard
thereto.
Presenter(s): Kristen Bertuglia, environmental sustainability manager
Background: The Town of Vail is a member of the CC4CA, a consortium of 28 Colorado cities
and counties working toward state policy toward actions that reduce climate change and its
impacts on our communities. The Policy Statement is established by the CC4CA Steering
Committee by unanimous consent, and approved each year by all communities. The Policy
Statement covers the same general Policy Principals and has maintained many Policy Positions
from 2018-2019. It has added the following policy positions: Supporting a public process for
evaluating retail energy choice options for local jurisdictions. Increasing multimodal
transportation funding. Incentivizing and selecting mobility alternatives. Reducing the use of
disposable/single-use products and promoting reuse. Fostering infrastructure and programs for
recycling and composting. Promoting proactive programs and efforts that improve the resilience
and adaptability of Colorado communities in the face of natural disasters. Optimizing the
potential for carbon sequestration through regenerative agriculture, improved soil health, and
forest management. Incorporating equity, accessibility, and just transition consideration into
climate policies and actions. Encouraging investments that achieve climate-positive solutions.
Staff Recommendation: Staff recommends the Town Council approve Resolution No. 34, Series
of 2019.
Langmaid made a motion to approve Resolution No. 34, Series of 2019; Mason seconded the
motion passed (6-1) Moffet opposed.
4. Town Manager Report
September 3, 2019 - Page 14 of 57
Town Council Meeting Minutes of August 20, 2019 Page 3
Greg Hall provided a brief construction update on three bridges that are currently under
construction stating all are on schedule and would be completed by October. The Red
Sandstone Parking structure was under construction for repairs. The Public Works
redevelopment application was going before the PEC Board at their next meeting later this
month.
5. Presentations / Discussion
5.1. Presentation of the findings of the “2019 Economic Values and Community Benefits
of Vail’s Investment in Deed-Restricted Homes Report”.
Presenter(s): George Ruther, Housing Director and Andrew Knudtsen, Economic & Planning
Systems
Action Requested of Council: No Action is required
Background: The Report was commissioned at the direction of the Vail Local Housing Authority
and completed by Economic & Planning Systems. Funding for the Report was provided by the
Vail Local Housing Authority. The Report is intended to help direct housing policy and serve as
a framework for decision makers when deciding on matters related to investing in deed-
restricted homes in Vail, and to a lesser extent, the greater region.
George Ruther, Housing Director, explained the 2019 Economic Values and Community
Benefits of Vail’s Investment in Deed-Restricted Homes Report were intended to help direct
housing policy and serve as a framework for decision makers when deciding on matters related
to investing in deed-restricted homes in Vail, and to a lesser extent, the greater region. The
consultant, Andrew Knudtsen, with Economic & Planning Systems, presented the key findings
of the Report which included: Each investment in one resident-occupied, deed-restricted home
in Vail of $65,000 yields the following:
1) 5% annual return on investment or $3,200
2) up to $312,650 in community benefits, economic value and opportunity costs
to the community which is an investment multiplier of 4.81X
3) the annual reduction of 8.5 MTCO2e
4) the avoidance of $8,400 in annual business expenses associated with
employee turn over and recruitment.
Council stated they would like to find a way to illustrate the community-building nature of
resident housing in Vail as well as the well-being and happiness measurements. Additionally
Council requested information on the impact short term rentals are having on housing.
Public comment was opened.
Steve Lindstrom, Chair of Local Housing Authority, stated the authority plans to continue its
research to build a baseline inventory of how housing units are being used. He agrees that
locals housing builds sense of community.
Public comment was closed.
6. Action Items
September 3, 2019 - Page 15 of 57
Town Council Meeting Minutes of August 20, 2019 Page 4
6.1. Recommendation for Eligibility in the Vail InDEED Deed Restriction Purchase
program
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Does the Vail Town Council support the recommendation of the
Vail Local Housing Authority? If so, shall staff take the steps necessary to clarify the boundaries
for participation to include areas of unincorporated Eagle County within the Gore Valley, east of
Dowd Junction?
Background: Please refer to the staff memorandum to the Vail Local Housing Authority dated,
August 7, 2019 for background information (attached).
Staff Recommendation: The Vail Local Housing Authority (VLHA) unanimously recommends
that the Vail Town Council ratifies the determination of the VLHA that the property located at
3073 Bellflower Drive is eligible for participation in the Vail InDEED program.
George Ruther, Housing Director, reviewed a recommendation from the Vail Local Housing
Authority with Council allowing a property out of boundaries to participate in the Vail InDEED
program.
Some Council members did not approve of using Vail InDEED money for homes located outside
Town limits and asked about unincorporated areas like Vermont Rd and certain parts of
Bellflower, annexing into the town limits.
There was no public comment.
Moffet made a motion to approve the Vail Local Housing Authorities recommendation and allow
the property on Bellflower to participate in the Vail InDEED program; Langmaid seconded the
motion passed (5-2) Bruno and Foley opposed.
There being no further business to come before the council, Moffet moved to adjourn the
meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:32
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
September 3, 2019 - Page 16 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 35, Series of 2019 , A Resolution Approving an Amended
Operating Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2019
Through December 31, 2019
ACTION REQUESTED OF COUNCIL: Approve, approved with amendments or
deny Resolution No. 35, Series of 2019
BACKGROUND: See attached memo.
STAFF RECOMMENDATION: Approve Resolution No. 35, Series of 2019
ATTACHMENTS:
Description
VLMD 2nd Budget Supplemental
September 3, 2019 - Page 17 of 57
To: Vail Town Council
From:
Date:
Vail Local Marketing District
September 3, 2019
Subject: Vail Local Marketing District 2019 2nd Supplemental Budget Request
I. BACKGROUND
The Vail Local Marketing District’s overarching goal is to strengthen Vail’s position as a
year-round destination that appeals to a broad audience by elevating the summer brand position, increasing the following May – October metrics:
•Sales tax
•Lodging tax
•Overall occupancy
•Group occupancy
In an increasingly data-driven landscape, it is more important than ever for the VLMD to strengthen its data visibility and usability. Beginning in 2018, Cactus, on behalf of the VLMDAC, conducted a review of the necessary items that would help make ongoing marketing more efficient, effective and competitive.
II. OPPORTUNITIES
The results of the review uncovered the opportunity for the VLMD to establish a plan to obtain, own, and utilize data in order to effectively market our destination for years to
come. With Vail Resorts poised to move to one-to-one marketing automation in 2020
there is no better time for the VLMD to implement a web solution that allows for the following:
1.Full Data Visibility: Our website needs to allow the board and its partners to
understand what sources are driving people to the site, who these people are, and their onsite behavior in order to improve our campaign efforts and track the efficacy of our marketing investment.
2. Pixel Placement: Placing pixels on the site will allow for better understanding of therole that the website plays within the campaign ecosystem, including the ability to analyze the audiences that are driving engagements and conversions on the site, the
September 3, 2019 - Page 18 of 57
Town of Vail Page 2
ability to retarget these audiences with relevant information, as well as place pixels for partners in ways that can most effectively contribute to our goals.
3. Audience Building: A complete understanding of our audiences is a core componentthat is missing from existing efforts. Our current web situation does not allow for the creation of our own customer relationship management (CRM) data that would allow us to better understand and target engaged and converted audiences. Without this CRM,
we don’t have a full understanding of how to reach similar audiences that would be
more likely to visit Vail, which would focus our efforts and marketing spend.
4. Content Control: With the timeframe of May-October as the VLMD’s seasonal impact,we need to ensure that our web solution features summer content that encourages
guests to book during their key booking windows. Our web solution should also allow for
greater understanding of content performance so that we can optimize effectively throughout the season.
III.RATIONALE
•According to DestinationNext 2019, “Harvesting data and developing businessanalytics differentiates successful tourism enterprises and destinations.”
•90% of marketers see improved performance from people-based marketing as
opposed to cookie-based probabilistic campaigns.
•With Vail Resorts poised to move to one-to-one marketing automation ahead ofthe 2020 season, the VLMD has the timely opportunity to proactively own itsdata and digital presence, in order to strategically meet its year over year goals
and improve upon its performance.
IV.BUDGET DETAIL
The VLMDAC is recommending a strategic plan and budget that will empower the
VLMDAC to succeed in its goals and objectives, while initiating bold tactics that will allow us to effectively market our destination for years to come.
With this in mind, the VLMDAC recommends that $302,000 in new funds be allocated to
fund the continuation of web development, data warehousing and 3rd party data
sourcing efforts in 2019, in order to launch in time to impact the entire 2020 season.
As directed by Council, the VLMDAC is also requesting an additional $8,000 to reimburse Art in Public Places for the Kelsey Montague mural marketing video.
V. ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT
Vail Local Marketing District recommends that the Vail Town Council consider the presentation and approve the requested incremental budget of $310,000.
September 3, 2019 - Page 19 of 57
2018
Actual
2019
Budget
1st
Supplemental
2019
Amended
Budget
2nd
Supplemental
2019
Proposed
Amended
Budget
Income
Lodging Tax 3,489,289 3,300,000 200,000 3,500,000 3,500,000
Interest Income 1,397 2,000 2,000 2,000
Total Income 3,490,687 3,302,000 200,000 3,502,000 - 3,502,000
Expense
Destination 1,241,886 1,121,000 149,500 1,270,500 1,270,500
International 192,603 185,000 185,000 185,000
Front Range 189,401 190,000 81,500 271,500 271,500
Groups and Meetings 701,231 680,738 680,738 680,738
Public Relations Expenses 70,714 75,500 9,500 85,000 85,000
Content/Influencer Strategy 74,480 60,000 9,500 69,500 69,500
Photography / Video 122,000 124,100 20,000 144,100 144,100
Research 86,864 117,578 30,000 147,578 147,578
Web Site 50,211 53,000 53,000 53,000
Admin Miscellaneous 5,410 8,000 8,000 8,000
Email Marketing 6,500 5,850 5,850 5,850
Branding 113,000 77,200 77,200 77,200
Professional Fees
Database Warehousing and Research - 302,000 302,000
Vail App 16,999 16,034 16,034 16,034
Legal and Accounting 25,000 25,000 25,000 25,000
Contingency 44,000 44,000 44,000
Advertising 32,272 32,200 51,000 83,200 83,200
Advertising Agent Fees 45,000 60,300 60,300 60,300
Marketing Coordination-TOV 95,000 91,000 91,000 91,000
Marketing Coordination-VVP 40,000 40,000 40,000 40,000
Professional Fees - MYPR 124,960 112,500 5,000 117,500 117,500
Ft Range Promotion Fees 22,000 - - -
Total Professional Fees 401,231 377,034 100,000 477,034 302,000 779,034
Special Event Funding
Special Event Funding 200,000 200,000 (200,000) - 8,000 8,000
Event Liaison 25,000 25,000 25,000 25,000
Total Special Events 225,000 225,000 (200,000) 25,000 8,000 33,000
Total Expense 3,480,531 3,300,000 200,000 3,500,000 310,000 3,810,000
Revenue over (Under) Expenditures 10,156 2,000 -2,000 (310,000) (308,000)
Beginning Fund Balance 1,260,297 862,297 408,156 1,270,453 1,270,453
Ending Fund Balance 1,270,453 864,297 1,272,453 962,453
Fund Balance (25% required)36% 26%36%27%
VAIL LOCAL MARKETING DISTRICT 2019 BUDGET SUPPLEMENTAL
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
3
September 3, 2019 - Page 20 of 57
Resolution No. 35, Series of 2020
RESOLUTION NO. 35 SERIES OF 2019
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2019 THROUGH DECEMBER 31, 2019
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”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the
operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2019, and ending on the 31st day of December, 2019.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of September, 2019.
___________________________________
Dave Chapin, Town Mayor
Attested:
_________________________
Tammy Nagel, Town Clerk
September 3, 2019 - Page 21 of 57
VLMD MEETING SEPTEMBER 3, 2019SUPPLEMENTAL REQUESTSeptember 3, 2019 - Page 22 of 57
WEB + DATA 2020 WEB RECOMMENDATIONSeptember 3, 2019 - Page 23 of 57
CONTEXT•Over ten years ago, the VLMD and Vail Resorts started the process to integrate their digital presence, driving all paid media traffic to Vail.com and utilizing Vail Resorts’ other digital efforts (paid search, social, email, etc.)•Since that time, the digital and travel landscapes have evolved to become data-driven, and in order for the VLMD to compete and thrive, we must also adapt to a data-driven marketing model•As of 2019, Vail Resorts is moving to 1-to-1 marketing automation which means that there are increasing limitations to our web/email/data relationship•Given today’s landscape, we are outlining our recommendation for the VLMD to obtain, own, and utilize data in order to effectively market our destination for years to come DATA & WEBSeptember 3, 2019 - Page 24 of 57
TODAY’S CHALLENGETHE IMPORTANCE OF DATA“Harvesting data and developing business analytics differentiates successful tourism enterprises and destinations.”-DestinationNext 2019 TrendsSeptember 3, 2019 - Page 25 of 57
THE IMPORTANCE OF DATAof marketers see improved performance from people-based marketing as opposed to cookie-based probabilistic campaigns 90%PEOPLE-BASED MARKETINGSeptember 3, 2019 - Page 26 of 57
VLMD DATA MODELDATA STACK: FULL SYSTEM Customer Relationship Management Advertising3rdParty DataData Management Platform Website / Email TOV WifiEvent RegistrationVail AppConversion, Path to Purchase, Booking window etc.Paid Media Performance DataSeptember 3, 2019 - Page 27 of 57
VLMD DATA MODELDATA STACK: SYSTEM GAPSAdvertising3rdParty DataWebsite / Email TOV WifiEvent RegistrationVail AppConversion, Path to Purchase, Booking window etc.Paid Media Performance DataCustomer Relationship Management Data Management Platform September 3, 2019 - Page 28 of 57
WEBSITEWEB RECOMMENDATION•CRM platform planning•Onboarding and implementation •Data integration and testingWhat are we building? Mobile responsive Vail summer tourism website that will serve as a hub for prospective visitors to discover, research, and begin booking their summer visit to Vail. Initial technical recommendation• Build on WordPress• New URL that VLMD owns and managesInitial content/functionality requirements• Email sign up to help build CRM database• App download links• Activity and event content• Lodging resource with linksSeptember 3, 2019 - Page 29 of 57
VLMD DATA MODELDATA STACK: RECOMMENDATIONCRMAdvertising3rdParty DataWebsite / Email TOV WifiEvent RegistrationVail AppConversion, Path to Purchase, Booking window etc.Paid Media Performance DataCustomer Relationship Management Data Management Platform September 3, 2019 - Page 30 of 57
NEXT STEPS & BUDGETSeptember 3, 2019 - Page 31 of 57
DESIGN AND IMPLEMENTATION TIMELINEOctober ‘19WEB RECOMMENDATIONMarch ‘20DMP & CRM planning, configuration, launch and testDMP & CRM planning, configuration, launch and testWebsite discovery and planningWebsite discovery and planningWebsite Content, SEO, Design & PrototypeWebsite Content, SEO, Design & PrototypeBuild and Launch WebsiteBuild and Launch Website3rdParty Data Purchase3rdParty Data PurchaseJanuary ‘20September 3, 2019 - Page 32 of 57
REQUESTSupplemental $310K in 2019 to cover the following efforts: •$90K in Website development•$150K in DMP & CRM licensing•$62K in 3rdParty Data•In addition, as directed by Council, the VLMDAC is also requesting an additional $8,000 to reimburse Art in Public Places for the Kelsey Montague mural marketing video. This would be paid from the fund balance, putting us at a projected ending fund balance of 27% of revenue, which is the recommended reserve threshold. BOARD DECISIONSeptember 3, 2019 - Page 33 of 57
REQUESTThe VLMDAC requests approval for $310,000 in supplemental fundsTHANK YOU!BOARD DECISIONSeptember 3, 2019 - Page 34 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Request to award contract to WET Design to upgrade control system for Seibert
Fountain in the amount of $105,000.
BACKGROUND: Seibert Fountain was constructed in 2006. Technology for the control system
has improved dramatically since that time. Contract will replace the existing mechanical controls
with a computerized control system. This modification will result in more efficient operation and
maintenance of the fountain and save staff time.
STAFF RECOMMENDATION: Staff recommends award of the contract.
ATTACHMENTS:
Description
Memorandum
September 3, 2019 - Page 35 of 57
To: Vail Town Council
From: Todd Oppenheimer Date: September 3, 2019 Subject: Seibert Fountain Controls Update Contract
I. PURPOSE Staff is requesting approval of a Services Agreement with WET for an upgrade to the
control system of the Seibert Fountain located at the top of Bridge Street in the Vail
Village. II. BACKGROUND
The Seibert Fountain was constructed in 2006 as part of the Streetscape Project that
was occurring at that time. WET, a California based water feature design company, was employed to design the fountain, provide construction document and set up the control system for the fountain. The analog control system installed was the state of the art system at that time and consists of numerous relays, switches and fuses to operate
the various features of the fountain. Maintenance of the fountain has been difficult for
the Facilities Division staff but they continue to do an outstanding job in keeping the fountain as operational as possible. Since 2006 the technology available for the operation and control of water features has
improved substantially. Control systems are now computer based and no longer require the extensive equipment and maintenance they previously required. WET will design and install a new computer based control system as part of this contract. They will also troubleshoot the fountain systems and provide a needed tune-up of the fountain
components.
III. PROJECT BUDGET The design of the Seibert Fountain and many of the components included in the
fountain are proprietary to WET. This makes WET a sole proprietor for the services
required. The cost of the control system upgrade to the Siebert Fountain is $105,000. The 2019 Capital Projects Fund Budget includes $400,000 for the upgrades to the Seibert Fountain.
September 3, 2019 - Page 36 of 57
IV. STAFF RECOMMENDATONS
Staff recommends approval of the Services Agreement with WET in the amount of
$105,000 for the control upgrades to the Seibert Fountain. V. ACTION REQUESTED BY COUNCIL
Staff requests that the Council authorize the Town Manager to enter into a Services
Agreement with WET in the amount of $105,000 for the upgrade to the Siebert Fountain control system.
Town of Vail Page 2
September 3, 2019 - Page 37 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Town Manager Recruitment Update
PRESENTER(S): Krista Miller, Human Resources
September 3, 2019 - Page 38 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Update Town of Vail/Vail Mountain Guest Experience Initiatives
PRESENTER(S): Patty McKenny, Interim Town Manager
September 3, 2019 - Page 39 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 36, Series 2019, Resolution of the Vail Town Council submitting a
ballot issue to the registered electors of the Town of Vail at the November 5, 2019 regular election
to impose a special sales tax on cigarettes, tobacco products and nicotine products.
PRESENTER(S): Matt Mire, Town Attorney and Kathleen Halloran, Finance Director
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or
deny Resolution No. 36, Series 2019.
BACKGROUND: To discourage the use of cigarettes, tobacco and nicotine products, this ballot
question will ask voters to approve a special tax of $3 per pack of 20 cigarettes and 40% on the
price paid of all other tobacco products in the regular election this November.
STAFF RECOMMENDATION: Approve Resolution No. 36, Series 2019.
ATTACHMENTS:
Description
Resolution No. 36 Series of 2019
September 3, 2019 - Page 40 of 57
1
Resolution No. 36, Series of 2019
RESOLUTION NO. 36
SERIES 2019
A RESOLUTION OF THE VAIL TOWN COUNCIL SUBMITTING A
BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TOWN OF
VAIL AT THE NOVEMBER 5, 2019 REGULAR ELECTION TO IMPOSE
A SPECIAL SALES TAX ON CIGARETTES, TOBACCO PRODUCTS
AND NICOTINE PRODUCTS
WHEREAS, the Town Council finds that nicotine addiction is a leading cause of
preventable death, that people should be deterred from starting the use of cigarettes,
tobacco products and nicotine products and encouraged to quit the use of cigarettes,
tobacco products and nicotine products, and that taxes on the sale of cigarettes,
tobacco products and nicotine products are effective at preventing and reducing
tobacco and nicotine use;
WHEREAS, on March 28, 2019, Governor Polis signed House Bill 19-1033,
which took effect on July 1, 2019;
WHEREAS, House Bill 19-1033 allows municipalities to impose a special sales
tax on cigarettes, tobacco products and nicotine products, subject to prior voter
approval under Article X, Section 20 of the Colorado Constitution ("TABOR");
WHEREAS, House Bill 19-1033 allows the Town to use the revenues collected
from such special sales tax for "any purpose determined by the governing body"; and
WHEREAS, the Town Council finds it in the best interest of the public health,
safety and welfare to submit to the registered electors of the Town at the November 5,
2019 election a ballot issue to approve the imposition of a special sales tax on
cigarettes, tobacco products and nicotine products.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. At the November 5, 2019 election, the following ballot issue shall be
presented to the registered electors of the Town:
SHALL TOWN OF VAIL TAXES BE INCREASED $1,000,000 IN THE
FIRST FISCAL YEAR AND BY WHATEVER AMOUNTS ARE RAISED
ANNUALLY THEREAFTER, THROUGH THE IMPOSITION OF A
SPECIAL SALES TAX ON CIGARETTES, TOBACCO PRODUCTS AND
NICOTINE PRODUCTS, AS THOSE TERMS ARE DEFINED IN C.R.S. §§
39-28-202 AND 18-13-121, AT THE RATE OF 15 CENTS PER
CIGARETTE SOLD OR $3.00 PER PACK OF 20 CIGARETTES SOLD
AND 40% ON THE PRICE PAID FOR THE PURCHASE OF ALL OTHER
TOBACCO PRODUCTS AND NICOTINE PRODUCTS, STARTING ON
JANUARY 1, 2020, WITH THE REVENUES FROM SUCH TAX TO BE
USED FOR GENERAL GOVERNMENTAL PURPOSES, AND SHALL
September 3, 2019 - Page 41 of 57
2
Resolution No. 36, Series of 2019
THE REVENUES FROM SUCH TAX AND ANY INVESTMENT
EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN
FOR THE ABOVE-STATED PURPOSES AS A VOTER-APPROVED
REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING,
REVENUE-RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE
X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER
LAW?
INTRODUCED, READ, APPROVED AND ADOPTED THIS 3RD day of
SEPTEMBER, 2019.
______________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
September 3, 2019 - Page 42 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 37, Series of 2019, Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County Regarding the TABOR Notice for the
November 5, 2019 Election.
PRESENTER(S): Tammy Nagel, Town Clerk
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny
Resolution No. 37, Series of 2019.
BACKGROUND: the Town of Vail is not participating in the coordinated election and instead
intends to submit a ballot issue on its own municipal ballot in its own non-coordinated election,
which ballot issue will require a notice pursuant to the Taxpayer Bill of Rights at Article X, Section
20 of the Colorado Constitution. Eagle County (the is also preparing a combined TABOR Notice
for political subdivisions participating in the coordinated election. The Colorado Const. art. X, §
20(3)(b) authorizes designated elected officials to mail at the least cost, and as a package where
districts overlap, TABOR Notices addressed to “All Registered Voters” at each address of one or
more active registered electors. For purposes of efficiency and to result in the “least cost” to both
entities, the Town and County desire to combine their mailings of the respective TABOR Notices
and wish to enter into an Intergovernmental Agreement (the “IGA”) which clarifies their
responsibilities.
STAFF RECOMMENDATION: Approve Resolution No. 37, Series of 2019
ATTACHMENTS:
Description
Resolution No. 37, Series of 2019
September 3, 2019 - Page 43 of 57
Resolution No. 37, Series 2019
Resolution No. 37
Series of 2019
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY REGARDING THE
TABOR NOTICE FOR THE NOVEMBER 5, 2019 ELECTION
WHEREAS, the Town of Vail (the “Town”) is not participating in the coordinated
election and instead intends to submit a ballot issue on its own municipal ballot in its own
non-coordinated election, which ballot issue will require a notice pursuant to the Taxpayer
Bill of Rights at Article X, Section 20 of the Colorado Constitution (hereinafter, a “TABOR
Notice”);
WHEREAS, the Eagle County (the “County”) is also preparing a combined TABOR
Notice for political subdivisions participating in the coordinated election;
WHEREAS, Colo. Const. art. X, § 20(3)(b) authorizes designated elected officials to
mail at the least cost, and as a package where districts overlap, TABOR Notices addressed to
“All Registered Voters” at each address of one or more active registered electors; and
WHEREAS, for purposes of efficiency and to result in the “least cost” to both entities,
the Town and County desire to combine their mailings of the respective TABOR Notices and
wish to enter into an Intergovernmental Agreement (the “IGA”) which clarifies their
responsibilities.
NOW THEREFORE, BE 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 the County 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. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 3rd day of September, 2019.
_________ Dave Chapin Town Mayor ATTEST:
____
Tammy Nagel
Town Clerk
September 3, 2019 - Page 44 of 57
Eagle County 2019 Coordinated Election TABOR Notice IGA Page 1
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
The Town of Vail, Colorado
Concerning the TABOR Notice for the Tuesday, November 5, 2019 Election
This Intergovernmental Agreement between the Eagle County Clerk and Recorder (“Clerk”) and the Town of Vail,
Colorado (“TOV”) concerning the Tuesday, November 5, 2019 Election TABOR Notice mailing is made on
_______________________.
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for the
Coordinated Election, and in accordance with state law, will conduct the Coordinated Election on behalf of all
participating political subdivisions having jurisdiction within the boundaries Eagle County; and
WHEREAS, the TOV is not participating in the coordinated election and instead intends to submit a ballot issue
on its own municipal ballot in its own non-coordinated election, which ballot issue will require a notice pursuant
to the Taxpayer Bill of Rights at Article X, Section 20 of the Colorado Constitution (hereinafter, a “TABOR
Notice”); and
WHEREAS, the Clerk is also preparing a combined TABOR Notice for political subdivisions participating in the
coordinated election; and
WHEREAS, C.R.S. § 1-7-905(2) authorizes the designated election officials of overlapping political subdivision
conducing an election other than a coordinated election to confer concerning the preparation of TABOR notices
before the election, and to provide for preparation of any required ballot issue notice package by agreement in
a form substantially as provided in section 1-7-116; and
WHEREAS, Colo. Const. art. X, § 20(3)(b) authorizes designated elected officials to mail at the least cost, and as a
package where districts overlap, TABOR Notices addressed to “All Registered Voters” at each address of one or
more active registered electors; and
WHEREAS, for purposes of efficiency and to result in the “least cost” to both entities, the TOV and Clerk desire
to combine their mailings of the respective TABOR Notices and wish to clarify their responsibilities and
memorialize their agreement with respect to the same.
September 3, 2019 - Page 45 of 57
Eagle County 2019 Coordinated Election TABOR Notice IGA Page 2
NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree
as follows:
I. Coordinated and Designated Election Officials
A. Each party shall conduct their own election in accordance with the requirements of Colorado law; the
TOV expressly acknowledges it will not be participating in the coordinated election under C.R.S. § 1-7-
116.
B. For purposes of coordinating the combined TABOR Notice, the TOV shall name a Designated Election
Official (“DEO”) who shall act as the primary liaison between the TOV and the Clerk. Nothing herein
shall be deemed or construed to relieve the Clerk or the Governing Body of the TOV from their official
responsibilities for the conduct of their respective elections.
C. The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder
(stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the Clerk’s
primary liaison with the TOV for all purposes relating to the coordination of the TABOR Notice. The
Contact Officer shall act under the authority of the Clerk.
II. Clerk Responsibilities
The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code of
1992, Colorado Title 1, C.R.S. as amended (“Election Code”); the Election Rules promulgated by the Colorado
Secretary of State, as amended; and policy directives of the Colorado Secretary of State, if applicable.
A. Preparation for TABOR Notice Mailing
1. The Clerk hereby provides the TOV with a Street Locator Report (Appendix B), listing all residential
street addresses situated within the TOV’s boundaries, as currently configured in Colorado’s
statewide voter registration database (“SCORE”).
B. Ballot Issue Notice (“TABOR Notice”)
1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance with
Article X, Section 20 of the Colorado Constitution (“TABOR”) and applicable provisions of the
Election Code and Election Rules. The Clerk shall have complete and sole discretion as she deems
appropriate to ensure clarity for voters to determine the location within the TABOR Notice where
notice related to the TOV issue will appear so as to maintain a distinction between issues appearing
on the respective district ballots.
2. The Clerk shall mail the ballot issue notice not less than thirty (30) days prior to the Election,
pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106 C.R.S. The Clerk shall
determine the least cost method for mailing the ballot issue notice, but at a minimum, the ballot
issue notice shall be addressed and mailed to eligible voters at each address in Eagle County where
one or more registered voters of the TOV and of any other participating entity resides. Nothing
herein shall preclude the Clerk from mailing the TABOR Notice to persons other than voters of the
TOV if such mailing arises from the Clerk's efforts to mail the combined TABOR Notice for all
September 3, 2019 - Page 46 of 57
Eagle County 2019 Coordinated Election TABOR Notice IGA Page 3
participating entities at the least cost.
III. TOV Responsibilities
A. Contact Liaison
1. The TOV shall identify a “Designated Election Official” (DEO) to act as a liaison between the TOV and
the Clerk/Contact Officer. The DEO shall be responsible for the final approval of TABOR Notice
content. To meet statutory and printing deadlines, the DEO shall respond to all Election-related
written correspondence, electronic correspondence, phone calls, or any other communication
from the Clerk/Contact Officer within 18 hours from the time of delivery by the Clerk/Contact
Officer. If the DEO cannot respond within 18 hours, an alternative official may respond on the
DEO’s behalf. Failure to respond to correspondence with 18 hours shall constitute approval allowing
the Clerk to move forward.
2. The TOV has designated________________________________________________________
whose mailing address is _______________________________________________________
and whose phone number is____________________________________________________
and whose email address is_____________________________________________________
and whose fax number is_______________________________________________________
as its DEO for the purpose of coordinating the TABOR Notice..
B. Certification of Address Ranges
1. The TOV shall verify and certify to the Clerk (Appendix C) that all address ranges and street names
actually situated in the TOV are accurately and completely stated in the Street Locator Report
attached hereto as Appendix B.
2. In connection with such Street Locator Report verification and certification, the TOV shall note any
address ranges or street names within the TOV that are inaccurately or incompletely stated in or
omitted from the Street Locator Report, and certify on the Statement of Certification (Appendix C)
the accuracy and completeness of the remainder of the Street Locator Report.
3. If the certification is not provided by the date specified herein, the TOV may not participate in the
TABOR Notice mailing or the Clerk may build the mailing on the assumption that the Street Locator
Report attached hereto as Appendix B is both complete and accurate, as the Clerk in her discretion
may decide. The TOV shall deliver to the Clerk its Statement of Certification (Appendix C) and
accuracy of the Street Locator Report, with notations regarding inaccuracies and omissions by,
Tuesday, September 3, 2019.
C. Ballot Content
1. The TOV shall be solely responsible for all the content of all ballot issues, ballot questions and
candidate contests in its conduct of its own municipal ballot in its own non-coordinated election.
September 3, 2019 - Page 47 of 57
Eagle County 2019 Coordinated Election TABOR Notice IGA Page 4
D. Ballot Issue Notice (“TABOR Notice”)
1. The TOV shall receive, store and prepare TABOR Notice content according to the provisions set forth
in Article X, Section 20 of the Colorado Constitution (TABOR Amendment) and 1-7-901, 1-7-902, 1-7-
903, 1-7-904, and 1-7-908 C.R.S.
2. The DEO shall transmit via email the summaries, fiscal information, and any other required material
to the Clerk no later than forty-three (43) days, Monday, September 23, 2019 (Appendix A) before
the Election.
3. The TOV shall certify its ballot content via email to the Clerk and Contact Officer in conformance
with the following formatting guidelines:
● Software: Microsoft Word '03 or later (not PDF)
● Spacing: Single
● Font Type: Arial Narrow
● Font Size: 8 point
● Justification: Left
● All Margins: 0.5 inches
● Language: English (Spanish translation encouraged)
● Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.jones@eaglecounty.us
Submissions not meeting these requirements will be rejected by the Clerk.
4. The TOV shall incorporate in its TABOR Notice content a local office address and telephone number
specific to the TOV or the TOV DEO to enable voters to reach the TOV directly. The Clerk shall
respond to all correspondence and inquiries that the Clerk receives within its expertise relating to
the mailing of the TABOR Notice, but the Clerk shall refer inquiries concerning the substance of the
conduct of the TOV’s Election, ballot issues, ballot questions, candidates, or the operations of the
TOV to the TOV’s DEO.
5. The TOV has the responsibility to proofread and edit the text of the TABOR Notice proof before the
Clerk will authorize printing of the TABOR Notice. From the time the Clerk delivers via email the
TABOR Notice proof, the TOV has 18 hours to proofread, correct if necessary, sign, and return the
proof to the Clerk. The TOV’s failure to disapprove and correct errors within that time shall
constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice proof,
the TOV assumes all responsibility and cost for any judicial proceedings related to any errors within
the text of their issue or information presented on the TABOR Notice.
E. Cancellation of Election
1. In the event that the TOV resolves not to hold the Election, notice of such resolution shall be
provided to the Clerk immediately.
2. The TOV shall provide notice by publication of the cancellation of the Election and a copy of the
notice shall be posted in the Office of the Clerk, in the office of the Designated Election Official, in
September 3, 2019 - Page 48 of 57
Eagle County 2019 Coordinated Election TABOR Notice IGA Page 5
the primary building of the TOV, and, if the TOV is a special district, in the office of the division of
local government. The TOV is responsible for delivering such postings to each entity.
3. The TOV shall be responsible for all expenses incurred on its behalf to the date that cancellation
notice was received by the Clerk together with all expenses incurred thereafter which could not be
avoided by reasonable effort. All costs incurred or contracted for by the Clerk to support the TOV’s
portion of the TABOR Notice shall be reimbursed by the TOV.
4. Upon receipt of the invoice, the TOV shall promptly pay the Clerk the full actual costs of the
activities of the Clerk relating to the Election incurred both before and after the Clerk’s receipt of
such notice.
F. Other Responsibilities
1. The TOV shall exercise all reasonable diligence, care, and control in providing information to the
Clerk.
2. The TOV shall give assistance and information to the Clerk on any matter to ensure the smooth and
efficient operation of the Election (such information not to include legal advice).
3. The TOV shall adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the
performance of the above duties.
IV. Miscellaneous
A. Costs
1. The Clerk shall charge to the TOV its pro rata share of all costs and expenses reasonably incurred in
connection with the preparation, printing, labeling, postage, and mailing of the TABOR Notice. Said
expenses shall be prorated among all political subdivisions participating in the ballot issue notice.
2. The Clerk shall charge and allocate to the TOV its pro rata share of all direct and indirect costs and
expenses incurred by the Clerk to remedy, resolve, or reconcile the TOV’s failure or omission to
timely perform any of its obligations under this Agreement, without regard to whether TOV rescinds
its intent to conduct an Election.
3. The TOV assumes all responsibility and cost for any judicial proceedings regarding whether or not
issues legally belong on the ballot and any other challenges, both pre- and post-election, relating to
the question of the TOV.
4. The Clerk shall submit to the TOV an invoice for the TOV’s pro rata share of direct and indirect costs
incurred in connection with the TOV’s inclusion in the TABOR Notice within ninety (90) days after
the Election.
5. The TOV shall remit all payments due to the County upon receipt of an itemized statement by
February 28, 2020 (Appendix A).
September 3, 2019 - Page 49 of 57
Eagle County 2019 Coordinated Election TABOR Notice IGA Page 6
B. Indemnification
To the extent permitted by law, the TOV agrees to indemnify, defend, and hold harmless the County, its
officers and employees, from any and all losses, costs, demands, or actions arising out of or related to any
actions, errors or omissions of the TOV in completing its responsibilities relating to the Election and related
tasks.
C. Reasonable Care
The County and its employees, agents, representatives, or other persons acting under the direction or
control of the County shall use reasonable care in carrying out their obligations under this Agreement.
D. Notices
Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are deemed to
have been received and to be effective:
● three days after they have been mailed by certified mail, return receipt requested to the address as
set forth below; or
● immediately upon hand delivery to Regina O’Brien, Clerk; or
● immediately upon receipt of confirmation that a fax or e-mail was received.
To Clerk: Regina O’Brien
Eagle County Clerk and Recorder
P.O. Box 537
Eagle, CO 81631
Fax: 970-328-8716
Email: regina.obrien@eaglecounty.us
To TOV:
fax: ________________________________________________
email: ______________________________________________
September 3, 2019 - Page 50 of 57
Eagle County 2019 Coordinated Election TABOR Notice IGA Page 7
E. Time is of the Essence
This Agreement must be signed and returned to Regina O’Brien, Clerk and Recorder, Tuesday, September 3,
2019 (Appendix A).
The statutory time requirements of the Uniform Election Code and the time requirements set by the
Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion
of the tasks required by this Agreement.
In witness whereof, the Parties hereto have executed this Agreement to be effective this day:
________________________________________
(Date)
________________________________________
Designated Election Official Date
For _____________________________________
(TOV)
________________________________________
Regina O’Brien Date
Eagle County Clerk and Recorder
September 3, 2019 - Page 51 of 57
Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR TABOR NOTICE COORDINATION
NOVEMBER 5, 2019 COORDINATED MAIL BALLOT ELECTION
While this calendar may not include all election dates, some key dates are identified for your
reference. Dates in RED are key delivery dates of information from you to the Clerk’s office.
Political Subdivisions planning to coordinate ballot issue notice (“TABOR Notice”) with the Clerk’s office
should be aware of the following deadlines:
Tuesday, September 3, 2019 – 70 days prior - Political subdivisions participating in the election must
return signed IGAs to the county clerk and recorder. Political subdivisions must verify and certify
that all address ranges situated in political subdivision (Appendix B) are accurate and complete, note
any changes or inaccuracies, and certify no later than Tuesday, September 3, 2019 (Appendix C).
Monday, September 23, 2019 – 43 days prior - Political subdivisions shall deliver the full text of any
required ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries to the Clerk in
order to be included in the issue mailing. C.R.S. 1-7-904
Friday, October 4, 2019 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). C.R.S.
1-1-106(5)
Monday, February 3, 2020 – Last day for the Clerk to mail invoices to districts for their share of
TABOR notice costs.
Friday, February 28, 2020 – Last day for districts to submit payment for TABOR notice costs to
Clerk’s office.
September 3, 2019 - Page 52 of 57
Appendix B
STREET LOCATOR REPORT FOR THE TOWN OF VAIL
TABOR NOTICE COORDINATION – NOVEMBER 5, 2019 ELECTION
September 3, 2019 - Page 53 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 12, Series of 2019, First Reading, An Ordinance Amending
Section 5-14-8 of the Vail Town Code Regarding Stream Tract Protection and Related Violations
and Penalties
PRESENTER(S): Pete Wadden, Watershed Education Coordinator
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny
Ordinance No. 12, Series of 2019 upon first reading
BACKGROUND: Following an update on the status of town-owned stream tract along Gore
Creek and several of its tributaries on August 6, Town Council determined that more stringent and
defined penalties should be put in place to bring properties remaining in violation into compliance.
The town attorney was directed to make changes to town code increasing the fines for trespass on
the publically-owned designated stream tract property.
STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 12,
Series of 2019 upon first reading
ATTACHMENTS:
Description
Ordinance No. 12, Series of 2019
September 3, 2019 - Page 54 of 57
Ordinance No. 13, Series of 2019
ORDINANCE NO. 12
SERIES 2019
AN ORDINANCE AMENDING SECTION 5-14-8 OF THE VAIL TOWN
CODE REGARDING STREAM TRACT PROTECTION AND RELATED
VIOLATIONS AND PENALTIES
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 5-14-8.B. of the Vail Town Code is hereby amended as
follows:
5-14-8: VIOLATION AND PENALTY:
* * *
B. Violations of this Chapter shall be punished as follows, and such
penalties shall not be waived, reduced or deferred by the Municipal Court:
First offense in any twelve (12) month period: Five hundred
____________ dollars ($500.00 ___________).
Second offense in any twelve (12) month period: Seven hundred fifty
___________ dollars ($750.00 ____________).
Third offense in any twelve (12) month period: Mandatory appearance in
the municipal court and the general penalty provided in Section 1-4-1 of
this Code.
* * *
Section 2. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code in this
Ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
September 3, 2019 - Page 55 of 57
2
8/28/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\ORDINANCE NO. 12, SERIES OF 2019.DOCX
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of September, 2019 and
a public hearing for second reading of this Ordinance is set for the ___ day of
____________, 2019, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2019.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
September 3, 2019 - Page 56 of 57
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Adjournment 6:55 pm estimate
September 3, 2019 - Page 57 of 57