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HomeMy WebLinkAbout2017-11-21 Agenda and Supporting Documentation Town Council Evening AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, November 21, 2017 TOM Of UAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Proclamations 2.1. Proclamation No. 7, Series of 2017, Recognizing Colorado Gives Day 5 min. Presenter(s): Denise Kipp, Red Ribbon Project 3. Consent Agenda 3.1. Century Link Easement at Booth Falls Trailhead Presenter(s): Tom Kassmel, Town Engineer Background: In order to accommodate upgrades to the Eagle River Water and Sanitation Sewer District water tank at the Booth Falls Trailhead, Century Link needs to install new utility lines along the existing gravel access drive. Century Link is requesting a 10' wide easement along approximately 1000 feet of the existing gravel drive. 4. Town Manager Report 4.1. Town Manager Report November 21, 2017 5. Action Items 5.1. Municipal Judge Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint Buck Allen as Municipal Judge for Town of Vail. Background: Section 7.2 of Town Charter sets forth requirements for appointing municipal judge every two years. 5.2. Ordinance No. 15, Series of 2017, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term 5 min. 5 min. 60 min. November 21, 2017 - Page 1 of Rental Properties, and repealing sections in conflict therewith. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, deny or approve with amendments Ordinance No. 15, Series 2017. Background: Please see the attached memo outlining proposed changes to short term rental regulations based on feedback from Council throughout the year. Staff Recommendation: Approve, deny or approve with amendments Ordinance No. 15, Series 2017. 5.3. First reading of Ordinance No. 16, Series 2017, an Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 16, Series 2017. Background: The town is required by Colorado state law to certify the mil levy by December 15 of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 16, Series 2017. 5.4. Resolution No. 39, Series of 2017, A Resolution of the Vail Town Council Authorizing the Acquisition of Lot 1 Bighorn Subdivision Second Addition Presenter(s): Matt Mire, Town Attorney and Chad Sali, Project Engineer Action Requested of Council: Approve, approve with amendments or deny Resolution No. 39, Series of 2017. Background: The Town and seller have negotiated a purchase price for the property of $140,000. As part of the sale, the seller specifically requested that the Town pass this Resolution to Acquire the property. Lot 1, Bighorn Subdivision Second Addition is located adjacent to Bighorn Road between Bridge Road and 1-70 Right of Way at the East Vail Interchange. A portion of the Gore Valley Trail is currently located on this parcel and no easement exists for this encroachment. The Town and Eagle River Water and Sanitation District has proposed relocating a sanitary sewer main that currently crosses the Gore Creek at Bridge Road to the existing trail alignment in anticipation of the reconstruction of the bridge at Bridge Road. This would eliminate a sanitary sewer aerial crossing of Gore Creek once the new bridge is completed. When approached by the ERWSD for a sewer easement on the parcel, the property owners stated that they would not grant an easement but would prefer to sell the parcel. This parcel is also identified in the 1994 Comprehensive Open Lands Plans for acquisition to protect riparian areas and again in the draft 2017 Open Lands Plan Update for protection of environmentally sensitive land from development and trail development. The acquisition of this parcel by the Town of Vail would allow for protection of environmentally sensitive areas, legal rights for the Gore Vail Trail to remain and relocation of a sanitary sewer aerial crossing of Gore Creek which will also eliminate the need to work around a live sewer main during the reconstruction n of the Bridge Road bridge. 6. Adjournment 6.1. Adjournment at 7:50 p.m. 10 min. 10 min. November 21, 2017 - Page 2 of Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. November 21, 2017 - Page 3 of TOWN Of9 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Proclamation No. 7, Series of 2017, Recognizing Colorado Gives Day PRESENTER(S): Denise Kipp, Red Ribbon Project ATTACHMENTS: Description Proclamation No. 7, Series of 2017 November 21, 2017 - Page 4 of November 21, 2017 - Page 5 of TOWN OF PROCLAMATION NO. COLORADO WHEREAS, charitable giving in Eagle County nonprofit organizations need to make our community WHEREAS, Community First Foundation increase charitable giving in our community through Day; and WHEREAS, Colorado Gives Day in 2016 period via online donations at eaglecogives.org, a contributions to one or more of the 42 local charities resource for facilitating charitable giving to our local WHEREAS, Colorado Gives Day is December 5th participate because all donations, large or small, NOW, THEREFORE, BE IT PROCLAIMED December 5, 2017, will be known as Colorado Gives Dated this 21st day of November 2017. Vail Town Council so VAIL 7, SERIES OF 2017 GIVES DAY is critical to providing support that local a desirable place to live; and and First Bank have partnered in an effort to the online giving initiative Colorado Gives raised over a million dollars in a single 24-hour website allowing donors to direct their featured on the site, making it an ideal nonprofit organizations. this year, and all citizens are encouraged to can make a difference to nonprofits in need. BY the Vail Town Council, that Tuesday, Day in our community. Attest: Y L6:11, Aim R'9sicING �`c�� NOF ('-'3f 2 PORA-re° OA.COMMU$' Dave Chapin, Mayor Patty McKenny, Town Clerk November 21, 2017 - Page 5 of TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Century Link Easement at Booth Falls Trailhead PRESENTER(S): Tom Kassmel, Town Engineer BACKGROUND: In order to accommodate upgrades to the Eagle River Water and Sanitation Sewer District water tank at the Booth Falls Trailhead, Century Link needs to install new utility lines along the existing gravel access drive. Century Link is requesting a 10' wide easement along approximately 1000 feet of the existing gravel drive. ATTACHMENTS: Description Memo Century Link Letter Draft Easement November 21, 2017 - Page 6 of TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: 11-21-17 Subject: Century Link Easement I. SUMMARY In order to accommodate upgrades to the Eagle River Water and Sanitation Sewer District water tank at the Booth Falls Trailhead Century Link needs to install new utility lines along the existing gravel access drive. Century Link is requesting a 10' wide easement along approximately 1000 feet of the existing gravel drive as shown on the conceptual exhibit attached. Attached is a copy of the proposed easement, draft exhibit, request letter from Century Link. II. STAFF RECOMMENDATION Staff recommends that the Town Council direct the Town Manager to grant Century Link an easement across the Town property in a form approved by the Town Attorney. November 21, 2017 - Page 7 of Tom Kassmel Town of Vail 1309 Elkhorn Drive Vail, CO 81657 re; 41, CenturyLink- John Tekin, SR/WA PO Box 688 Celina, TX 75009 505-681-6483 (cell) 505-212-3692 (fax) i ohn.tekinnu,centurylink.com November 13, 2017 Sent via email to TKassmel@vailgov.com RE: CenturyLink Easement — Booth Falls Road Dear Mr. Kassmel, As per our previous correspondence, CenturyLink need to obtain a communications easement on property owned by the Town of Vail on Booth Falls Road. The purpose of the easement is to allow for us to repair and replace existing communication facilities that serve Eagle River Water & Sanitation District. Enclosed is a map showing the general location of the proposed easement area. CenturyLink needs to trench and bore approximately 1,000 feet, and we are requesting a 10 -foot wide easement associated with such. Please feel free to contact me by phone or email, if you have any questions or concerns. Thank you in advance for your time and response. Sincerely, John Tekin, SR/WA November 21, 2017 - Page 8 of ti{ •tL 4 . ,.., * • . I - •• w �: . +'x 4 e 9 of 4t UTILITY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of 2017, by and between the Town of Vail, Colorado, a Colorado home rule municipality (the "Town"), and ("Grantee"). WHEREAS, Grantee desires to acquire an easement for the purpose of installing and operating certain utility facilities upon and beneath the surface of the property described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Property"); and WHEREAS, the Town is willing to convey an easement to Grantee for the aforesaid purposes on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the sum of $10 paid by Grantee to the Town, the covenants of Grantee herein contained, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: Section 1. Conveyance of Easement. The Town does hereby grant and convey unto Grantee, it successors, assigns, lessees, licensees, and agents, an easement upon and beneath the surface of the Easement Property for the installation and operation of utility facilities consisting of and other appurtenant fixtures and equipment necessary for distributing COMMUNICATION SERVICES (the "Utility Facilities"). Grantee shall have the right of ingress and egress, consistent with this Agreement, upon the Easement Property for the construction, reconstruction, operation, maintenance and removal of the Utility Facilities. Section 2. Use of Easement Property. Grantee shall be solely responsible for installing and maintaining the Utility Facilities and shall obtain Town permission prior to performing any work on the Easement Property and shall obtain all relevant right of way permits. In making any excavation on the Easement Property, Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the area to as near the same condition as it was prior to such excavation as is practical. Section 3. Relocation. Within 60 days of receipt of written notice from the Town, Grantee shall relocate the Utility Facilities within the Easement Property at Grantee's sole cost and expense. Section 4. Retained Rights. The Town shall have all rights to the Easement Property not expressly granted hereby, including the right to construct structure(s) over the Easement Property, so long as such structures do not interfere with Grantee's rights under this Agreement. November 21, 2017 - Page 10 0 Section 5. Recordation. Grantee shall record this Agreement in a timely fashion in the official records of Eagle County, and may re-record it at any time as may be required to preserve its rights in this Agreement. Section 6. Miscellaneous. a. All provisions herein contained, including the benefits, burdens and covenants, are intended to run with the land and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. b. At all times during the term of this Agreement, the Grantee will carry general liability coverage to insure against damage to or loss of property and injury to or death of any person occurring on or about the Easement Property. At a minimum, the policy shall be a comprehensive policy of public liability insurance covering bodily injury, including death to persons, personal injury and property damage in an amount of not less than $1 million per occurrence, $2 million in the aggregate. This insurance shall be primary, non- contributory, and shall name the Town as additional insureds. c. This Agreement constitutes all the agreements, understandings, and promises between the parties hereto with respect to the subject matter hereof. d. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. e. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. f. Grantee agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, insurance cooperatives, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement or the Easement Property if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Grantee, any subcontractor of Grantee, or any November 21, 2017 - Page 11 0 officer, employee, representative, or agent of Grantee, or which arise out of a worker's compensation claim of any employee of Grantee or of any employee of any subcontractor of Grantee. g. There are no third -party beneficiaries to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective duly authorized officers as of the date and year first above written. ATTEST: Tammy Nagel, Town Clerk By: STATE OF COLORADO ) ) ss. COUNTY OF ) TOWN OF VAIL, COLORADO Greg Clifton, Town Manager GRANTEE The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2017, by as of My commission expires: (S E A L) Notary Public November 21, 2017 - Page 12 0 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report November 21, 2017 ATTACHMENTS: Description Town Manager Report November 21, 2017 TOWN IfO November 21, 2017 - Page 13 0 TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - NOV 21st TOWN COUNCIL MEETING TOPICS • IT Updates • Community Reception • Employee Kick-off Event • Golf & Nordic Clubhouse Update • Active Shooter Training • Meeting with Police Dept • Fire Dept Updates • Intermountain Fire Mitigation Update • Colorado Tourism Leadership • Tour of the Parks & Gardens • Economic Development Manager Recruitment • Public Outreach • Holiday Party Updates from the Land of IT Town Manager's Office 970.479.2106 970.479.2157 fax After a bumpy start (beginning with a stop -work order), we have successfully moved our fiber optic line and CenturyLink copper feeds from the utility vault in front of the US Bank Building to its new home. This was a required move for the hospital to move forward with their expansion project. The Town incurred $ 8,000 in expenses to move the fiber optic line. (Please take note that the Town elected to move the fiber rather than replace it, thereby saving the hospital $16,000). At the request of our vendor, we will be submitting a report of the project to the Colorado Public Utilities Commission for review. Due to the open ceiling design in the new Ski Museum at the Vail Transportation Center, we determined that the Town's cabling and fiber optic infrastructure for the Welcome Center (situated above the Museum) was in need of relocation. The Town has agreed to incur the costs to move the cable, while the contractor and operator have agreed to provide the conduit and a new room inside the Museum for our infrastructure. The Welcome Center was closed on November 16th and 17th to accommodate the move. After overwhelming voter approval for the Town of Vail to opt out of SB -152, staff is now fielding a number of calls about broadband service. Aspen Wireless now has the infrastructure in place to serve these clients and we are directing all additional broadband inquiries to them accordingly. We also have a service provider that is interested in providing service to East Vail, so we will be working with them to negotiate a contract for Council review in the future. Stay tuned. Community Reception The Community Reception was successfully held on November 14th at the Donovan Pavilion. Thanks to all who helped orchestrate the event, including Suzanne Silverthorn, Mike Griffin, Krista Miller, Susan Mitchell, Patty McKenny, and the folks at the Pavilion. Impressive turnout! Recognition was duly given to Charlie Turnbull, Dwight Henninger, Patty McKenny, and Councilmember Dick Cleveland (shown with Mayor Chapin). Councilmember Cleveland's service to the community will be recognized by a commemorative bench. The accolades were greatly appreciated. November 21, 2017 - Page 14 0 Town Manager's Report Employee Kick -Off Event Our season Kick -Off gathering for all employees was held at the Lionshead Welcome Center on the evening of the 15th and morning of the 16th. Between both meetings, we had a very good turnout by the employees. The meetings were short, informative, and inspirational, with a theme of "thinking differently" underlying the overall discussion. Many thanks go to Aryn Schlichting, Shelley Bellm, Chris Neubecker, Kristen Bertuglia, Lynne Campbell, Jill Stauter, Randy Guzik, and others who helped. Vail Resorts spoke at both meetings, providing updates on the schedule, discussions about recent projects (capacity upgrade to Lift 11), enhancing grooming regiment for this season, and related topics. Focus was placed upon recent results from customer surveys (Net Promoter Score) which were quite positive, and which coincided nicely with the results stemming from the Town's 2016 Great Place to Work Survey. Stemming from that survey, numerous action items are now being be pursued to make better what is already determined to be a great workplace (and certified as such). Golf & Nordic Clubhouse Update Council was previously updated regarding some punch list progress at the Clubhouse, which remains a work -in -progress at this time. The flooring is being repaired and enhanced to function well through the winter season, with a likely replacement in the spring as a long-term fix. Other items are being addressed and the list is being whittled down. Stay tuned. Interagency Active Shooter and Complex Incident Training Vail Fire, Eagle River Fire District, Gypsum Fire District, Greater Eagle Fire District, Vail PD, Avon PD, Eagle County Paramedic Services, and Vail Public Safety Communications Center held three joint training sessions intended to improve communications and operational coordination during the early phases of rapidly escalating, complex incidents, such as an active shooter scenario. This training is in addition to the active shooter functional drills that are held annually. Meeting with Police Department & Dispatch On November 8th the entire staff comprising the Police Department met and enjoyed a pot luck dinner. Updates were had and introductions were made. It was a very good opportunity to become acquainted with the many members. Of course, the Chief was recognized for his recent election to 4th Vice President with the International Association of Chiefs of Police. Others were recognized for their life-saving efforts and professional accomplishments. Page 2 November 21, 2017 - Page 15 0 Fire Department Updates This past two weeks afforded the opportunity to meet with all three Shifts (A, B, and C) of the Fire Department. The introductions were meaningful and efforts will continue to bringing about familiarity with all the members and the operations. Two recent promotions are noteworthy here: Engineer Dustin Elliot has been promoted to the position of Fire Lieutenant. Lt. Elliott successfully completed a rigorous testing process that included a written exam, in -basket exercise, structured oral interview, structure fire simulation and wildland fire simulation. Lt. Elliott has been with Vail Fire since March of 2013. Firefighter Jared Olson has been promoted to the position of Fire Engineer. Engineer Olson successfully completed a testing process that included both written and practical exams. Engineer Olson has also been with Vail Fire since March of 2013. Intermountain Fire Mitigation Project With weather providing some assistance, all logs have been hauled from the Matterhorn landing and the residual woody debris has been removed. The area will be re -seeded when conditions are favorable. As previously noted, the areas that were helicopter - logged will have additional mitigation work completed during 2018, and this will consist of piling the remaining slash for burning the following winter. Pile burning will be conducted this winter on the units on which hand thinning was conducted in during phase I of the project. Kudos are extended to Paul Cada, Wildland Program Administrator, for overseeing this successful project. Colorado Tourism Leadership Laura Waniuk, Event Liaison Specialist, is among the inaugural class for the Colorado Tourism Leadership Journey, a brand-new, yearlong executive training program aimed at building the state tourism industry's bench strength. The highest -scoring candidates represent a cross-section of Colorado's tourism industry, including the ski, casino, hotel and beer industries as well as academia and several of the state's destination marketing organizations. The curriculum encompasses facilitated sessions, required reading, one- on-one mentoring, action learning projects and experiential learning opportunities in three different Colorado locations. "Our hope is that this program creates value not only for participants and their employers, but for Colorado," said CTO Director Cathy Ritter. "In a state with just 1.7 percent of the nation's population but 7.7 percent of U.S. tourism jobs, it's vital to ensure that the tourism industry has access to talented leaders who can keep growing our competitive edge." Tour of the Parks and Gardens The day of November 15th was largely spent with personal tours of various community amenities. The day started with a very informative tour of the Betty Ford Alpine Gardens, provided by Nicola Ripley, Executive Director. The afternoon was spent touring all of the Town's parks, courtesy of Todd Oppenheimer, Project Manager, and Gregg Barrie, Sr. Landscape Architect. It was an information -packed day and a great opportunity to become acquainted with the many wonderful amenities. Town Manager's Report Page 3 November 21, 2017 - Page 16 0 Economic Development Manager On November 9th, preliminary Interviews were held with seven candidates. This involved in-person interviews with the appointed panel, consisting of staff members as well as members from the VEAC, VLMDAC, and CSE. Concurrent interviews also occurred with my office, assisted by Krista Miller, Human Resource Director. At this time, we are at closure and an announcement is forthcoming. Stay tuned! Public Outreach Our Communications Department is currently working on a one-page information sheet regarding the recent parking rate revisions. The sheet will be entitled "What's New & Why with Parking in Vail" and will contain bullet points of parking information, as well as a map. Expect a final copy of this to be routed your way. We will likely endeavor to have a similar write-up for the Short Term Rental policy changes should there be finalization. Finally, there are Vail Mail eblasts in the works on a variety of matters including Opening Day, Epic Passes, the Sandstone Underpass, the Museum Improvements, EGE Winter Air Service, Election Outcomes, the Top 100 Sustainable Destination Achievement, and many other current and relevant topics. Watch for this informative update. Many thanks to Suzanne Silverthorn, Communications Director, for her efforts. Holiday Party The Town employees are excited to celebrate the holiday season. The annual employee holiday party is scheduled for Thursday, December 7th from 5:30 to 9pm at Pepi's. The Town Council is of course invited and encouraged to attend. Keep an eye out for the official invitation and RSVP. Town Manager's Report Page 4 November 21, 2017 - Page 17 0 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Municipal Judge Appointment PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Motion to appoint Buck Allen as Municipal Judge for Town of Vail. BACKGROUND: Section 7.2 of Town Charter sets forth requirements for appointing municipal judge every two years. November 21, 2017 - Page 18 0 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 15, Series of 2017, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith. PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve, deny or approve with amendments Ordinance No. 15, Series 2017. BACKGROUND: Please see the attached memo outlining proposed changes to short term rental regulations based on feedback from Council throughout the year. STAFF RECOM M ENDATION: Approve, deny or approve with amendments Ordinance No. 15, Series 2017. ATTACHMENTS: Description STR November 21, 2017 - Page 19 0 TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Finance Department, Economic Development Department DATE: November 21, 2017 SUBJECT: Short Term Rental Regulations I. SUMMARY Attached is the first reading of Ordinance No. 15, Series 2017, establishing a short term rental license and accompanying regulations. II. BACKGROUND On November 7, Council tabled this first reading and provided additional feedback to staff on the proposed regulations. Staff has incorporated changes into the ordinance, and has also added the definition of a dwelling unit to further clarify inconsistencies in current town code. While this ordinance addresses regulations supported by Council over a series of meetings and public sessions, the evolving landscape of the short term rental market will require that the town continue evaluating and adjusting our process to keep pace. III. DISCUSSION The attached ordinance establishes a unique license for short term rentals which will override the prior regulation requiring issuance of a business license. Short term rental (STR) licenses will be issued beginning January 1, 2018 and will entail a new application process. The ordinance also identifies criteria a homeowner must meet to obtain (and renew) a short term rental license: • STR licenses have an application process and must be renewed each calendar year. STR licenses will be issued to the owner of the property and are not transferrable. This is a change from the current process, where a property manager may hold a business license on behalf of clients/owners. Staff will work with property managers to facilitate the application process; Property managers may still submit sales tax payments on behalf of the licensee. November 21, 2017 - Page 20 0 • Properties with full time onsite property managers will be exempt from this type of license. They will retain the lodging business license currently used today. Examples of these properties include hotels, lodges, "condo-tels", fractional fee club units, etc. • Joint Ownership terms: If a duplex unit has shared common property accessible to occupants of both units, STR applicants must provide proof of written consent from the record owner of the adjoining residential dwelling unit. If a duplex does not have shared common property, then the adjoining neighbor must be notified of intent to short term rent. Should a rental's license be later revoked, written consent from a duplex neighbor must be provided in order to re -instate the license after a two year waiting period. • An affidavit for each rented unit must be signed by the licensee to acknowledge trash, noise and parking regulations as well as verifying life safety precautions are in place. The affidavit also includes an agreement to comply with "Good Neighbor Guidelines". In response to Council's direction on November 7th, the affidavit has been updated to include a checkbox indicating compliance with applicable Homeowner Association (HOA) rules. Please see Attachment B for a draft affidavit and Attachment C for a draft of the "Good Neighbor Guidelines". • Each owner shall appoint a person or a licensed property manager to serve as a property contact who has access and authority to assume management of the unit and take remedial measures. The contact information must be posted in the interior of the rented unit for renters, as well as documented with the town. Initial complaints will be directed to the property contact for an opportunity to respond. The property contact shall be available 24 hours a day to respond to tenant and neighborhood questions or concerns. Please see Attachment D for a sample form assigning a property contact. • Require posting of license number within all rental advertisements (this requirement currently exists). Online advertisements must post the license number on the landing page, immediately following the property description. • Require a visible interior posting of license number, street address, property contact and owner information for the short term rental unit. • Applicable Health and Safety Standards are outlined within the ordinance, in accordance with town code. Violations of the town's current noise, trash/recycling, building code, fire code, parking, pet and occupancy regulations will be documented and tracked by staff. If an initial complaint is not resolved by the local property contact, a formal complaint may be filed with the town. Owners will then receive written notification from town staff regarding the complaint. • If there are three or more notices of complaints issued for the same short term rental property within a consecutive 12 month period, the town may revoke the STR license upon written notice to the owner. The owner may appeal and request an administrative hearing. Criteria for the determination of revocation will be defined in the near future. - 2 November 21, 2017 - Page 21 0 Future Topics Council had requested more information on incentives for owners to rent long term rather than short term. Financial incentives could include loans or grants for property improvements, or a "signing bonus" when a long-term rental is contracted. In the realm of housing for lower income renters, staff read about an idea to fund a portion of security deposits or first/last month rents, with those payments going directly to the landlord. Breckenridge currently participates in "Housing Works", a program through the Family & Intercultural Resource Center (FIRC). The program provides property management services to long-term landlords for no cost. They also guarantee rental income for 12 months. Staff will return to Council in the near future with any additional STR related topics, as well as a request for approval to contract with a STR software solution. IV. REQUEST OF COUNCIL Approve, deny or amend the first reading of Ordinance No. 15, Series 2017. -3 November 21, 2017 - Page 22 0 ORDINANCE NO. 15 SERIES 2017 AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 14, ENTITLED SHORT-TERM RENTAL PROPERTIES, AND REPEALING SECTIONS IN CONFLICT THEREWITH NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 14 to read as follows: CHAPTER 14 SHORT-TERM RENTAL PROPERTIES 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish comprehensive licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, location and maintenance of short- term rental properties in the Town. B. This Chapter shall apply to short-term rental property only, as defined herein. This Chapter shall not apply to the furnishing of lodging services in hotels, motels, lodges or bed and breakfast establishments, or to properties with long-term leases. C. This Chapter shall not supersede or affect any private conditions, covenants or restrictions applicable to a short-term rental property. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: OWNER: The record owner of a residential dwelling unit in the Town who intends to lease or leases the unit as a short-term rental property. LEASE: An agreement or act by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. RESIDENTIAL DWELLING UNIT: A building or group of rooms with kitchen facilities designed or used as a dwelling by a family as an independent housekeeping unit, excluding the following, as defined in Title 1 11/16/2017 S:IFINANCEIBUDGETIBUDGET 17ITOWN COUNCIL MEMOS & ANAL YSISIRBO11711211ORD.DOCX November 21, 2017 - Page 23 0 12 of this Code, if serviced by a full-time on-site property manager: accommodation unit, bed and breakfast, employee housing unit, fractional fee club unit, lodge dwelling unit, limited service lodge unit, or timeshare unit. SHORT-TERM RENTAL PROPERTY: A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days. 4-14-3: LICENSE REQUIRED: A valid license is required for each short-term rental property in the Town. 4-14-4: APPLICATION: A. At least thirty (30) days prior to any advertising for or lease of a short-term rental property, the owner shall file a written application for a short-term rental license with the Finance Director or designee, on forms supplied by the Town. The application shall not be deemed complete until all required information is submitted. B. The application fee shall be set by resolution of the Town Council. C. If the proposed short-term rental property is located within a duplex, the application shall include a copy of a written notice provided by the owner to the last known address of the record owner of the adjoining residential dwelling unit. The written notice shall include a copy of the completed application, and shall be sent by first-class United States mail at least seven (7) days prior to the filing of the application. If the duplex has shared common areas that can be accessed by occupants of both units, including without limitation parking areas, walkways, stairs, patios or driveways, the application shall include written consent of the record owner of the adjoining residential dwelling unit. D. No license shall be issued without an affidavit, signed by the owner under penalty of perjury, certifying that the short-term rental property is in habitable condition and complies with the health and safety standards set forth in Section 4-14-7. E. Within thirty (30) days of receipt of a complete application for a short-term rental license, if the Finance Director or designee finds that the application complies with this Chapter, the Finance Director or designee shall issue a short-term rental license. The license shall be issued in the name of the owner, and shall not be transferable. 2 11/16/2017 S:IFINANCEIBUDGETIBUDGET 17ITOWN COUNCIL MEMOS & ANALYSISIRBO11711211ORD.DOCX November 21, 2017 - Page 24 0 4-14-5: LICENSE TERM: A. A short-term rental license shall expire on December 31 of each calendar year, or when title of the short-term rental property transfers to a new owner, whichever occurs first. Each change in ownership of a short- term rental property shall require a new license. B. An application for renewal of a short-term rental license shall be submitted at least thirty (30) days prior to expiration of the existing license. 4-14-6: LOCAL AGENT REQUIRED: Each owner shall appoint a natural person who is available 24 hours per day, 7 days per week, to serve as the local agent for the short-term rental property. The owner shall notify the Finance Director or designee in writing of the appointment of a local agent within five (5) days of such appointment or modification of any such appointment. 4-14-7: HEALTH AND SAFETY STANDARDS: Each short-term rental property shall comply with all of the following standards, at a minimum, at all times while the property is being leased: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected, and shall be kept in sound condition and in good repair. 3. Smoke detectors, carbon monoxide detectors and fire extinguishers shall be installed and operable, and all wood -burning fireplaces and stoves shall be cleaned on an annual basis. 4. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficiency privacy. 5. There shall be a sufficient number of trash receptacles to accommodate all trash generated by those occupying the short-term rental property, and all receptacles shall comply with Chapter 9 of Title 5 of this Code. 6. Occupancy of a short-term rental property shall comply with Chapter 2 of Title 12 of this Code. 3 11/16/2017 S:IFINANCEIBUDGETIBUDGET 17ITOWN COUNCIL MEMOS & ANALYSISIRBO11711211ORD.DOCX November 21, 2017 - Page 25 0 7. The use of portable outdoor fireplaces is prohibited. 8. Electrical panels shall be clearly labeled. 9. All pets shall be subject to Title 6, Chapter 4 of this Code. 4-14-8: PARKING: Parking shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 4-14-9: SIGNAGE: An owner shall post a sign conspicuously inside the short-term rental property. The sign shall include the local agent's current contact information, the owner's current contact information, the street address of the short-term rental property and the short-term rental license number. 4-14-10: ADVERTISING: All advertising for a short-term rental property shall include the short-term rental license number, immediately following the description of the short- term rental property. 4-14-11: TAXES: The owner shall collect and remit Town sales and lodging taxes on each short-term rental property. 4-14-12: NOTICE: Any notice required by this Chapter to be given to an owner is sufficient if sent by first-class mail to the address provided by the owner on the most recent license or renewal application. Notice given to the local agent, by first-class mail to the address provided by the owner, shall also be sufficient to satisfy any required notice to the owner under this Chapter. 4-14-13: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local agent. The local agent shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. to 7:00 a.m., including visiting the site if necessary. 4 11/16/2017 S:IFINANCEIBUDGETIBUDGET 17ITOWN COUNCIL MEMOS & ANALYSISIRBO11711211ORD.DOCX November 21, 2017 - Page 26 0 4-14-14: FORMAL COMPLAINTS AND REVOCATION: A. If an initial complaint is not resolved, a formal complaint may be filed with the Town Manager or designee, on forms provided by the Town. The formal complaint shall describe in detail the violation(s) of this Chapter alleged to have occurred on the short-term rental property. Within three (3) days of receipt of such a complaint, the Town shall provide a copy of the formal complaint to the owner. B. If there are three (3) or more formal complaints issued for the same short-term rental property within any consecutive twelve-month period, the Town Manager or designee may revoke the license for that short-term rental property upon written notice to the owner. The Town Manager or designee may also revoke any short-term rental license that was issued in error. The Town shall notify an owner, in writing, of any revocation and the reasons therefor. C. The owner may appeal any revocation by filing a written appeal with the Town Manager or designee within ten (10) days of the date of the revocation notice. In the written appeal, the owner shall describe the reason for the appeal, and may request a hearing before the Town Manager or designee. The hearing shall be informal, and may be conducted in person or by telephone, at the discretion of the Town Manager or designee. At the hearing, the owner shall have the opportunity to be heard on the revocation. Within ten (10) days of the hearing, the Town Manager or designee shall either uphold or reverse the revocation, in writing. The decision of the Town Manager or designee shall be final, subject only to review under C.R.C.P. 106(a)(4) by a court of competent jurisdiction. D. For a minimum of two (2) years following revocation of a short-term rental license, the Town shall not accept an application for a new license for the same short-term rental property. Following such two-year period, a new short-term rental license shall only be issued for a short-term rental property within a duplex if the record owner of the adjoining residential dwelling unit consents in writing to the issuance of such license. 4-14-15: VIOLATION AND PENALTY: A. It is unlawful for any owner, local agent or occupant of a short-term rental property to violate any provision of this Chapter or any other applicable provision of this Code. B. In addition to any revocation proceedings pursuant to Section 4-14- 13, violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code. Each separate act in violation of this Chapter, and each and every day or portion thereof during which any separate act 5 11/16/2017 S:IFINANCEIBUDGETIBUDGET 17ITOWN COUNCIL MEMOS & ANALYSISIRBO11711211ORD.DOCX November 21, 2017 - Page 27 0 in violation of this Chapter is committed, continued, or permitted, shall be deemed a separate offense. Any remedies provided for in this Chapter shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Section 2. The definition of "short term rental" contained in Section 4-1-2 of the Vail Town Code and Section 4-1-4.B. of the Vail Town Code are hereby repealed in their entirety. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2017 and a public hearing for second reading of this Ordinance is set for the day of , 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 11/16/2017 S:IFINANCEIBUDGETIBUDGET 17ITOWN COUNCIL MEMOS & ANAL YSISIRBO11711211ORD.DOCX November 21, 2017 - Page 28 0 TOWN OF VAIL' Short -Term Rental (STR) Self -Compliance Affidavit STR Property Address: Parcel ID: Check One: ❑ Existing STR — TOV License Number: ❑ New STR Is this property a deed restricted affordable housing unit? ❑ Yes ❑ No Is the property subject to a homeowners association or private covenant? ❑ Yes ❑ No If Yes, please select a statement below that applies to the property: o The property is subject to a homeowners association or private covenant and the operation of a short-term rental does not require approval by the homeowners association or covenant beneficiary. ❑ The property is subject to a homeowners association or private covenant and the operation of a short-term rental has been approved by the homeowners association or covenant beneficiary. Is this address a duplex unit? ❑ Yes n No If Yes, does the property have a shared common area that is physically accessed or used by all occupants? ❑ Yes ❑ No If Yes, has written consent been provided by the owner of the adjoining residential unit? ❑ Yes ❑ No (Attach copy of letter of consent from owner of adjoining residential unit ) If No, has written notification been provided to the owner of the adjoining residential unit? ❑ Yes ❑ No (Attach copy of notice sent with proof of mailing to the owner of adjoining residential unit ) Owner's Name: Mailing Address: City: State/Zip: Preferred Telephone: Email: Occupancy: Occupancy limits of 2 per bedroom, plus 2 will be adhered to and appropriately listed in rental advertisements Number of Bedrooms: Total Overnight Occupancy Advertised: November 21, 2017 - Page 29 c The operation of the short-term rental will comply with all town ordinances that apply to a residential dwelling. Smoke detectors are installed outside of each sleeping area, in each room used for sleeping purposes, and on each level of a living area including basements. Carbon monoxide detectors are installed within twenty feet of sleeping areas, within twenty feet of fuel fired appliances (including wood/ gas fireplaces), and within 10 feet of the doorway of an attached garage. Fire extinguishers are located within thirty feet of the kitchen, on each level of a living area, and garage; and is readily available for immediate use. Wood Burning Fireplaces / Stoves - Fireplaces and flues are maintained in accordance with recognized standards and have been inspected and cleaned on an annual basis. Proof of inspection and cleaning are required to be available upon request. Outdoor Fires — Portable outdoor fireplaces are prohibited. Portable electric space heaters shall not be operated within 3 feet of combustible materials and shall not be plugged into extension cords. Space heaters must be plugged directly into outlets. The use of outdoor heating appliances is prohibited on balconies. Outdoor heating appliances shall not be operated beneath or closer than 5 feet to buildings, overhangs, awnings, sunshades or similar combustible attachments Community Impacts: Renters will be informed that on -street parking is not allowed. Adequate parking spaces will be provided for renter's use. Renters will be informed of the noise ordinance. No excessive or unreasonable noise will be permitted at any time. Renters will be informed of trash / recycling regulations and scheduled trash pickup times. Night lighting ordinances will be complied with to reduce exterior light usage after dark. If pets are allowed, renters will be informed of leash laws, pet waste disposal, and barking/noise considerations. Life Safety: The street address, license number, and property contact information is posted conspicuously in the interior of property. Please Note: All statements listed below must be initialed. Failure to initial any question will delay your license issuance. The operation of the short-term rental will comply with the "Good Neighbor Guidelines" and a copy of the guidelines will be provided to the renters in the rental agreement or by posting it in a prominent location within the property. November 21, 2017 - Page 30 c By completing and signing this affidavit I (we) affirm that, under pains and penalties of perjury, that I have inspected this property and that it complies with all applicable laws, and codes. Owner Signature Printed Name Date Owner Signature Subscribed and affirmed before me in the county of State of Colorado, this (Notary's official signature) (Commission Expiration) day of , 2017. Printed Name Date Notary Seal November 21, 2017 - Page 31 c TIJWN OF VAIL' Short -Term Rental Good Neighbor Guidelines The Good Neighbor Guidelines were created to educate short-term rental owners and guests on the beliefs of promoting respect for Vail neighborhoods. Property Contact Information. If at any time you have concerns about your stay or in regards to your neighbors, please call the 24-hour contact number listed in the unit. In the event of an emergency, please call 911. General Respect for Neighbors. Be friendly, courteous, and treat neighbors like you want to be treated. Respect neighbors and their property. Noise. Be considerate of the neighborhood and your neighbor's right to the quiet enjoyment of their home and property, especially after 11 p.m. "5-1-7: NOISE PROHIBITED A. Prohibited Act: The making and creating of an excessive or unusually loud noise at any location in the town heard and measured in a manner hereinafter set forth shall be unlawful except when made under and in compliance with a permit issued ..." Trash & Recycling. Place trash and recycling containers at the appropriate place and time for pickup. Return trash and recycling containers to the designated after pickup. Cigarette butts should be properly extinguished and disposed of properly. "5-9-3: RESIDENTIAL REFUSE DISPOSAL: A. All residential refuse containers which receive "refuse" or attractants as defined by this chapter must be either wildlife resistant refuse containers or wildlife proof refuse containers, or be securely stored within a house, garage or wildlife resistant enclosure at all times. B. Residents with curbside pickup shall place only wildlife resistant refuse containers or wildlife proof refuse containers at the curb, ally, or public right of way at or after six o'clock (6:00) A.M. on the morning of scheduled pick up. After pick up, all containers must be removed from the curb, alley or public right of way by seven o'clock (7:00) P.M. on the same day." November 21, 2017 - Page 32 0 Parking & Traffic Safety. Please park in the designated spaces. Do not park on lawns or in a manner which blocks driveways, sidewalks, alleys or mailboxes. Drive slowly through neighborhoods and watch for pedestrians and children playing. "7-3A-1: PARKING TO OBSTRUCT TRAFFIC: No person shall park any vehicle upon a street or at any other place within this municipality in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance." "7-3B-1: RESTRICTIONS: It is unlawful for any person to park or cause to be parked any vehicle upon any private parking lot or any other private property within the town without consent of the owner or the tenant or the person in possession or control of the private parking lot or the private property." Occupancy. Occupancy is limited within zoning regulations to 2 people per bedroom plus 2 additional. "12-2-2: DEFINITIONS (FAMILY): FAMILY: Family shall be deemed to be either subsection A or B of this definition: B. A group of unrelated persons not to exceed two (2) persons per bedroom plus an additional two (2) persons per dwelling unit used as a single housekeeping unit." Pets. Promptly clean-up after your pets. Prevent excessive and prolonged barking, and keep pets from roaming the neighborhood. Control aggressive pets, and be sure to abide by the local leash laws. Pet food should be stored indoors and in a secure container to reduce the likelihood of encounters with wildlife. Tenant/Guest Responsibility. Approved guests and visitors are expected to follow the Good Neighbor Guidelines. Be sure to read your rental agreement for additional terms and restrictions which may include consequences for violating the Good Neighbor Guidelines. November 21, 2017 - Page 33 0 TOWN ofTL11111) Short -Term Rental (STR) Agent Responsibility and Owner Authorization Check One: ❑ New STR ❑ Existing STR — Change of Property Contact — TOV License Number STR Street Address: Owner's Name: Designated Agent: Name: Address: Phone Number: Email Address: Owner Declaration: Each owner of a short-term rental property shall designate a person to serve as a contact person who has access and authority to assume management of the unit and take remedial measures. The agent shall be available 24 hours a day, 7 days a week to respond to tenant and neighborhood questions or concerns and must have a text -enabled phone. An owner of a short-term rental may designate himself/herself as the agent. Any change of the agent or a modification to their contact information shall be promptly furnished to the town. I am the owner(s) of the subject property and hereby authorize the agent listed above to assume responsibility as the local contact. Owner Signature Agent Responsibility: Printed Name Date As the contact, and due to the language "assume management of the unit and take remedial measures", you are responsible for contacting the renters when you have been notified of a complaint. You may be contacted by the Town of Vail Police Department to secure the property as needed. Therefore, you phone number will be available to police staff, and will be listed under the short term rental license and posted for renters within the interior of the unit. Agent Signature Printed Name Date November 21, 2017 - Page 34 c TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: First reading of Ordinance No. 16, Series 2017, an Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year. PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 16, Series 2017. BACKGROUND: The town is required by Colorado state law to certify the mil levy by December 15 of each year. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 16, Series 2017. ATTACHMENTS: Description Mill Levy 2017 November 21, 2017 - Page 35 0 TOWN OF VAIL' Memorandum TO: Vail Town Council FROM: Finance Department DATE: November 21, 2017 SUBJECT: Mill Levy Ordinance I. SUMMARY Authorization for the collection of property taxes in 2018 II. DISCUSSION You will be asked to approve the attached mill levy ordinance upon first reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2018 based upon 2017 assessed valuations of property within the town's boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mill levy by December 15 of each year. Since two readings of an ordinance are required, we will bring the first reading on Tuesday and the second reading on December 5th to enable us to meet the December 15 date. The attached ordinance is based on preliminary assessed valuations from the county (as of August, 2017). The town's base mill levy as shown in the ordinance is 4.69 mills and the abatement levy is .004 mils. Abatement results when a taxpayer protests an assessed valuation after the normal protest period and is refunded a portion of the tax already due or paid. The abatement mill levy allows the town to recoup the refunded amount. This abatement levy of .004 mils equates to an additional $0.33 per year for a $1 million home. The property tax authorized by the attached ordinance will generate $5.1 million in revenue in 2018, representing approximately 8% of the town's total revenue. The projected revenue includes impacts from a reduction in residential taxes due to the Gallagher Amendment, but is offset by increases in property valuations. The reduced residential rate will reduce property taxes by 9.5% however residential values increased by approximately 10%, so taxes collected by the town are anticipated to be flat from residential properties. Commercial properties were assessed at a 50% increase in valuation, mainly due to new properties coming online and the sale of large commercial properties. November 21, 2017 - Page 36 0 ORDINANCE NO. 16 SERIES OF 2017 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2017 TAX YEAR AND PAYABLE IN THE 2018 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2017 year and payable in the 2018 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2018 fiscal year, the Town Council hereby levies a property tax of 4.694 mills upon each dollar of the total assessed valuation of $1,077,591,330 for the 2017 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,053,904 calculated as follows: Base mill levy 4.690 $5,053,904 Abatement levy .004 _ 4,310 Total mill levy 4.694 $5,058,214 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 16, Series of 2017 November 21, 2017 - Page 37 0 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE 1N FULL, this 21st day of November, 2017. A public hearing shall be held hereon at 6 P.M. on the 5th day of December, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance 16, Series of 2017 November 21, 2017 - Page 38 0 TUN OF9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 39, Series of 2017, A Resolution of the Vail Town Council Authorizing the Acquisition of Lot 1 Bighorn Subdivision Second Addition PRESENTER(S): Matt Mire, Town Attorney and Chad Sali, Project Engineer ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 39, Series of 2017. BACKGROUND: The Town and seller have negotiated a purchase price for the property of $140,000. As part of the sale, the seller specifically requested that the Town pass this Resolution to Acquire the property. Lot 1, Bighorn Subdivision Second Addition is located adjacent to Bighorn Road between Bridge Road and 1-70 Right of Way at the East Vail Interchange. A portion of the Gore Valley Trail is currently located on this parcel and no easement exists for this encroachment. The Town and Eagle River Water and Sanitation District has proposed relocating a sanitary sewer main that currently crosses the Gore Creek at Bridge Road to the existing trail alignment in anticipation of the reconstruction of the bridge at Bridge Road. This would eliminate a sanitary sewer aerial crossing of Gore Creek once the new bridge is completed. When approached by the ERWSD for a sewer easement on the parcel, the property owners stated that they would not grant an easement but would prefer to sell the parcel. This parcel is also identified in the 1994 Comprehensive Open Lands Plans for acquisition to protect riparian areas and again in the draft 2017 Open Lands Plan Update for protection of environmentally sensitive land from development and trail development. The acquisition of this parcel by the Town of Vail would allow for protection of environmentally sensitive areas, legal rights for the Gore Vail Trail to remain and relocation of a sanitary sewer aerial crossing of Gore Creek which will also eliminate the need to work around a live sewer main during the reconstruction n of the Bridge Road bridge. ATTACHMENTS: Description Resolution No. 39 Series of 2017 November 21, 2017 - Page 39 0 RESOLUTION NO. 39 SERIES 2017 A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE ACQUISITION OF LOT 1, BIGHORN SUBDIVISION SECOND ADDITION WHEREAS, the Town wishes to acquire certain property located at the corner of Bighorn Road and Bridge Road in East Vail and legally described as Lot 1, Bighorn Subdivision Second Addition, Town of Vail, County of Eagle, State of Colorado (the "Property"); WHEREAS, the Town Council has determined that there is a compelling public need and purpose to acquire the Property; and WHEREAS, the Town Council desires that this Resolution serve as its intent to acquire the Property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. Notice is hereby given, pursuant to C.R.S. § 38-1-121(1), that the Town intends to acquire the Property. The Town's authority to acquire the Property by eminent domain is set forth in Section 1.2 of the Vail Town Charter and Article XX, § 1 of the Colorado Constitution. Section 2. The acquisition of the Property serves a public purpose and is necessary and essential to the Town's ability to provide necessary public utility infrastructure for the residents of the Town. Section 3. The Town Attorney is hereby directed to provide a copy of this Resolution to all persons who presently own or maintain an ownership interest in the Property notifying them of the intent of the Town to acquire such property. INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st day of November, 2017. ATTEST: Patty McKenny, Town Clerk 1 Dave Chapin, Mayor 11/16/2017 C: I USERSI TNAGEL. VAILGOV.0301APPDATAILOCAL IMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKIKY8PIM7LIM ORAN INTENT-R103117.DOCX November 21, 2017 - Page 40 0 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 7:50 p.m. TOWN Of9 November 21, 2017 - Page 41 0