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Home My WebLink About2020 - Proof of Publication PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of March, 2020. Witness my hand and seal this 20th day of March. Stephanie Bibbens Deputy Town Clerk Ordinance No. 1, Series of 2020 ORDINANCE NO. 1 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX FUND, MARKETING FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, HEALTH INSURANCE FUND AND TIMBER RIDGE FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 503,080 Capital Projects Fund 20,076,579 Housing Fund 3,139,310 Real Estate Transfer Tax Fund 6,702,104 Dispatch Services Fund 560,000 Marketing Fund 65,000 Heavy Equipment Fund 280,727 Health Insurance Fund 169,000 Timber Ridge Fund 476,231 Less Interfund Transfers ($65,000) Total $ 31,907,111 Ordinance No. 1, Series of 2020 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, 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of March, 2020, and a public hearing shall be held on this Ordinance on the 7th day of April, 2020, 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: ___________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1, Series of 2020 , Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 09th day of April, 2020. Witness my hand and seal this 09th day of April. Stephanie Bibbens Deputy Town Clerk Ordinance No. 1, Series of 2020 ORDINANCE NO. 1 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX FUND, MARKETING FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, HEALTH INSURANCE FUND AND TIMBER RIDGE FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinanc e No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorad o, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (1,306,105) Capital Projects Fund 3,100,265 Housing Fund 3,659,310 Real Estate Transfer Tax Fund 2,041,379 Dispatch Services Fund 444,339 Marketing Fund 15,000 Heavy Equipment Fund 132,349 Health Insurance Fund 169,000 Timber Ridge Fund 476,231 Interfund Transfers 301,161 Total $ 9,032,929 Ordinance No. 1, Series of 2020 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, 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of March, 2020, and a public hearing shall be held on this Ordinance on the 7th day of April, 2020, 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: ___________________________ Tammy Nagel, Town Clerk Ordinance No. 1, Series of 2020 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of April. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of June, 2020. Witness my hand and seal this 8th day of June, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 3, Series 2020 - 1 - ORDINANCE NO. 3 SERIES OF 2020 AN ORDINANCE FOR A Z ONE DISTRICT BOUNDAR Y AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF T RACT C, LOT 1, LOT 2, AND LOT 3 VAIL D AS SCHONE FILING NO. 1 AND LOT 1, V AIL DAS SCHONE FILING 3; THE REZONING WILL CHANGE THE ZONE DISTRICT FROM COMMERCIAL CORE 3 (CC3) TO THE PUBLIC ACCOMMODATION 2 (PA-2) DISTRICT WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule Town duly existing under the Const itution and laws of the State of Colorado and its home rule charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets f orth the procedures for amending a zone district boundary; WHEREAS, on August 7, 1973, the Town adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning re gulations; WHEREAS, on April 13, 2020 the Town ’s Planning and Environmental Commission (the “PEC”) held a public hearing on the zone district boundary amendment to rezone the property described and depicted in Exhibit A. attached hereto and made a part hereof by this reference from Commercial Core 3 to Public Accommodation 2; WHEREAS, on April 13, 2020 the PEC forwarded a recommendation of approval to the Council for the zone district boundary amendment; WHEREAS, the Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; WHEREAS, the Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Town’s zoning regulations; and WHEREAS, the Council finds and determines that the amendment promotes the health, safety, moral s, and general welfare of the town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Ordinance No. 3, Series 2020 - 2 - Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: Commercial Core 3 (CC3) District to the Public Accommodation 2 (PA-2) District Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and d. This ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 4. The amendment of any provision of the 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 p arts 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 21st day of April, 2020, and a Ordinance No. 3, Series 2020 - 3 - public hearing for second reading of this Ordinance set for the 2nd day of Ju ne, 2020 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________________ Dave Chapin , Town Mayor ATTEST: _________________________ Tammy Nagel , Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of June, 2020. ___________________________ Dave Chapin , Town Mayor ATTEST: ____________________________ Tammy Nagel , Town Clerk Ordinance No. 3, Series 2020 - 4 - Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3 , to be rezoned from Commercial Core 3 (CC3) District to the Public Accommodation 2 (PA-2) District. PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of June, 2020. Witness my hand and seal this 18th day of June, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 3, Series 2020 - 1 - ORDINANCE NO. 3 SERIES OF 2020 AN ORDINANCE FOR A Z ONE DISTRICT BOUNDAR Y AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF T RACT C, LOT 1, LOT 2, AND LOT 3 VAIL D AS SCHONE FILING NO. 1 AND LOT 1, V AIL DAS SCHONE FILING 3; THE REZONING WILL CHANGE THE ZONE DISTRICT FROM COMMERCIAL CORE 3 (CC3) TO THE PUBLIC ACCOMMODATION 2 (PA-2) DISTRICT WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule Town duly existing under the Const itution and laws of the State of Colorado and its home rule charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets f orth the procedures for amending a zone district boundary; WHEREAS, on August 7, 1973, the Town adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning re gulations; WHEREAS, on April 13, 2020 the Town ’s Planning and Environmental Commission (the “PEC”) held a public hearing on the zone district boundary amendment to rezone the property described and depicted in Exhibit A. attached hereto and made a part hereof by this reference from Commercial Core 3 to Public Accommodation 2; WHEREAS, on April 13, 2020 the PEC forwarded a recommendation of approval to the Council for the zone district boundary amendment; WHEREAS, the Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; WHEREAS, the Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Town’s zoning regulations; and WHEREAS, the Council finds and determines that the amendment promotes the health, safety, moral s, and general welfare of the town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Ordinance No. 3, Series 2020 - 2 - Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: Commercial Core 3 (CC3) District to the Public Accommodation 2 (PA-2) District Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and d. This ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 4. The amendment of any provision of the 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 p arts 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 21st day of April, 2020, and a Ordinance No. 3, Series 2020 - 3 - public hearing for second reading of this Ordinance set for the 2nd day of Ju ne, 2020 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________________ Dave Chapin , Town Mayor ATTEST: _________________________ Tammy Nagel , Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of June, 2020. ___________________________ Dave Chapin , Town Mayor ATTEST: ____________________________ Tammy Nagel , Town Clerk Ordinance No. 3, Series 2020 - 4 - Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3 , to be rezoned from Commercial Core 3 (CC3) District to the Public Accommodation 2 (PA-2) District. PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of June, 2020. Witness my hand and seal this 8th day of June, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 4, Series of 2020 1 ORDINANCE NO. 4 SERIES OF 2020 AN ORDINANCE CREATING SPECIAL DEVELOPMENT DISTRICT NO. 42, HIGHLINE DOUBLETREE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the creation of a Special Development District (“SDD”) is permitted pursuant to the parameters set forth in Section 12-9A, Vail Town Code; WHEREAS, the Planning and Environmental Commission of the Town held a public hearing on April 13, 2020 to consider the proposed SDD in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval to the Council; WHEREAS, the Council finds that the proposed Special Development District No. 42, Highline DoubleTree, complies with the design criteria outlined in Section 12-9A-8, Vail Town Code; WHEREAS, the Council finds that the Special Development District complies with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; WHEREAS, the Council finds that the Special Development District is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; WHEREAS, the Council finds that the Special Development District is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; WHEREAS, the Council finds that the Special Development District promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the approval of this Special Development District, and the development standards in regard thereto, shall not establish a precedent or entitlements elsewhere Ordinance No. 4, Series of 2020 2 within the Town; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 4, Series of 2020, is to adopt a Development Plan for Special Development District No. 42 Highline Double Tree, and to prescribe appropriate development standards for Special Development District No. 42, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 42 shall remain Public Accommodation 2 zone district. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the establishment of Special Development District No. 42, Highline DoubleTree. Requests for the establishment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 42 The Special Development District is hereby established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 42, Highline DoubleTree, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation 2 zone district requirements. Section 4. Development Standards – Special Development District No. 42, Highline DoubleTree Development Plan The Approved Development Plan for Special Development District No. 42, Highline DoubleTree, shall include the following plans and materials provided by Pierce Austin Architects, and Alpine Engineering Inc, dated March 16, 2020, and stamped approved Ordinance No. 4, Series of 2020 3 by the Town of Vail, dated March 16, 2020: A. A0.02A – GRFA Existing Hotel B. A0.02B – GRFA Proposed Hotel C. A0.02C – GRFA Proposed EHU D. A0.02D – GRFA Proposed Dorm Units E. A0.03 – Site Data F. A0.04 – Site Parking Data G. A0.05 – Exterior Materials – EHU H. A0.06 – Exterior Materials – Hotel I. A0.11 – Shade Analysis J. A1.00A – Roof Plan Historic Grade K. A1.00B – Roof Plan Finished Grade L. A1.00C – Roof Height Section M. A1.01 – Existing Hotel Level 1 N. A1.02 – Level 2 O. A1.03 – Level 3 P. A1.04 – Level 4 Q. A1.05 – Loft Level R. A1.11 – Hotel Addition Level 1 S. A1.12 – Hotel Addition Level 2 T. A1.13 – Hotel Addition Level 3 U. A1.14 – Hotel Addition Level 4 V. A1.20 – Double Rooms W. A1.21 – Single Room X. A1.29 – EHU LVL 2 (Above Casa Mexico) Y. A1.31 – EHU Level 1/Level 2 Z. A1.32 – EHU Level 3/Level 4 AA. A1.33 – EHU Room Plan BB. A1.34 – EHU Room Plan CC. A2.05 – Proposed North Elevation DD. A2.06 – Proposed East Elevation EE. A2.07 – Proposed South Elevation FF. A2.08 – Proposed West Elevation GG. A2.09 – EHU North HH. A2.10 – EHU East/West II. A2.11 – EHU South JJ. A3.04 – EHU Site Section KK. A3.05 – EHU Site Section LL. A3.06 – Hotel Site Section MM. A9.01 – 3D NN. A9.02 – 3D OO. A9.03 – 3D PP. A9.04 – 3D Ordinance No. 4, Series of 2020 4 QQ. A9.05 – 3D RR. A9.06 – 3D SS. A9.07 – 3D TT. C1.1 – Site Layout UU. C1.2 – Historical Site Grades VV. C1.3 – Site Layout WW. C2.0 – Demolition Plan XX. C2.1 – Grading Plan YY. C2.2 – Grading Plan ZZ. C3.0 – Storm Sewer Plan AAA. C3.1 – Fire Turning Simulation BBB. C4.0 – Utility Plan CCC. C5.0 – Fire Turning Simulation DDD. G0.00 – Cover EEE. G0.01 – Sheet Index FFF. 1 of 1 – Topographic Map (Inter-Mountain Engineering) GGG. L-1 – Landscape Plan Permitted Uses – The permitted uses in Special Development District No. 42 shall be as set forth in the underlying Public Accommodation 2 zone district, Section 12-7J-2. Conditional Use – The conditional uses for Special Development District No. 42, Highline DoubleTree, shall be set forth in Section 12-7J-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Section 12-16 of the Town of Vail Zoning Regulations. Density - Accommodation Units, and Limited Service Lodging Units– The number of units permitted in Special Development District No. 42, Highline Double Tree, shall not exceed the following: Accommodation Units – 176 Limited Service Lodging Units - 19 Density – Floor Area – The gross residential floor area (GRFA) and commercial square footage permitted for Special Development District No. 42, Highline Double Tree, shall generally be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance, with the following development standard limitations. Ordinance No. 4, Series of 2020 5 GRFA – 80,000 square feet (allowed) Retail/Restaurant/Lounge –11,670 square feet (allowed) Conference Facilities – 7,666 square feet (gross) Setbacks – Required setbacks for Special Development District No. 42, Highline DoubleTree, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height – The maximum building height for Special Development District No. 42, Highline Double Tree, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Site Coverage – The maximum site coverage allowed for Special Development District No. 42, Highline Double Tree, shall be: Site Coverage Maximum: 40% Landscaping – The minimum landscape area requirement for Special Development District No. 42, Highline Double Tree, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Landscaping Minimum: 30%*. *Including areas that do not meet the minimum size to qualify as landscaping. Parking and Loading – The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 42, Highline Double Tree, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance with the minimum number of parking spaces being 175 spaces. Section 5. Approval Agreements for Special Development District No. 42, Highline DoubleTree Ordinance No. 4, Series of 2020 6 The approval Special Development District No. 42, Highline DoubleTree shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 1. Applicant shall obtain approval for subdivision before a certificate of occupancy for the EHU building is granted. 2. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 3. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 4. The applicant shall obtain approval for a conditional use permit for the commercial space on the first floor before a building permit is issued. 5. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued. 6. Applicant shall set aside two (2) three-bedroom units and two (2) one-bedroom units in the EHU building not to be included in the mitigation bank. 7. Prior to the issuance of any certificate of occupancy for the EHU building, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 8. The applicant shall coordinate and resolve landscape conflicts with utilities and sight distance before a building permit is issued. 9. The applicant shall show the drainage outfall for Chamonix Lane swale in the building permit submittal. 10. The applicant shall provide a 2’ gravel shoulder along Chamonix Lane and side slopes of swale no steeper than 2:1. 11. Applicant shall increase AIPP contribution to $32,500 and the installati on shall be completed before a certificate of occupancy for the hotel addition is granted. 12. Applicant shall correct plans to meet the comments from the Fire Department prior to the submittal for a building permit. 13. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application. Section 7. 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 8. Ordinance No. 4, Series of 2020 7 The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 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. Section 9. All bylaws orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 10. 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 inhabitants thereof. Section 11. 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 by declared invalid. Section 12. The repeal or the repeal and reenactment of any provisions of Vail Municipal 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 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. Section 13. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not Ordinance No. 4, Series of 2020 8 be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May, 2020 and a public hearing for second reading of this Ordinance set for the 2nd day of June, 2020, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________ Dave Chapin, Town Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 16th day of June, 2020. _______________________ Dave Chapin, Town Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of June, 2020. Witness my hand and seal this 18th day of June, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 4, Series of 2020 1 ORDINANCE NO. 4 SERIES OF 2020 AN ORDINANCE CREATING SPECIAL DEVELOPMENT DISTRICT NO. 42, HIGHLINE DOUBLETREE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the creation of a Special Development District (“SDD”) is permitted pursuant to the parameters set forth in Section 12-9A, Vail Town Code; WHEREAS, the Planning and Environmental Commission of the Town held a public hearing on April 13, 2020 to consider the proposed SDD in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval to the Council; WHEREAS, the Council finds that the proposed Special Development District No. 42, Highline DoubleTree, complies with the design criteria outlined in Section 12-9A-8, Vail Town Code; WHEREAS, the Council finds that the Special Development District complies with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; WHEREAS, the Council finds that the Special Development District is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; WHEREAS, the Council finds that the Special Development District is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; WHEREAS, the Council finds that the Special Development District promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the approval of this Special Development District, and the development standards in regard thereto, shall not establish a precedent or entitlements elsewhere Ordinance No. 4, Series of 2020 2 within the Town; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 4, Series of 2020, is to adopt a Development Plan for Special Development District No. 42 Highline Double Tree, and to prescribe appropriate development standards for Special Development District No. 42, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 42 shall remain Public Accommodation 2 zone district. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the establishment of Special Development District No. 42, Highline DoubleTree. Requests for the establishment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 42 The Special Development District is hereby established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 42, Highline DoubleTree, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation 2 zone district requirements. Section 4. Development Standards – Special Development District No. 42, Highline DoubleTree Development Plan The Approved Development Plan for Special Development District No. 42, Highline DoubleTree, shall include the following plans and materials provided by Pierce Austin Architects, and Alpine Engineering Inc, dated March 16, 2020, and stamped approved Ordinance No. 4, Series of 2020 3 by the Town of Vail, dated March 16, 2020: A. A0.02A – GRFA Existing Hotel B. A0.02B – GRFA Proposed Hotel C. A0.02C – GRFA Proposed EHU D. A0.02D – GRFA Proposed Dorm Units E. A0.03 – Site Data F. A0.04 – Site Parking Data G. A0.05 – Exterior Materials – EHU H. A0.06 – Exterior Materials – Hotel I. A0.11 – Shade Analysis J. A1.00A – Roof Plan Historic Grade K. A1.00B – Roof Plan Finished Grade L. A1.00C – Roof Height Section M. A1.01 – Existing Hotel Level 1 N. A1.02 – Level 2 O. A1.03 – Level 3 P. A1.04 – Level 4 Q. A1.05 – Loft Level R. A1.11 – Hotel Addition Level 1 S. A1.12 – Hotel Addition Level 2 T. A1.13 – Hotel Addition Level 3 U. A1.14 – Hotel Addition Level 4 V. A1.20 – Double Rooms W. A1.21 – Single Room X. A1.29 – EHU LVL 2 (Above Casa Mexico) Y. A1.31 – EHU Level 1/Level 2 Z. A1.32 – EHU Level 3/Level 4 AA. A1.33 – EHU Room Plan BB. A1.34 – EHU Room Plan CC. A2.05 – Proposed North Elevation DD. A2.06 – Proposed East Elevation EE. A2.07 – Proposed South Elevation FF. A2.08 – Proposed West Elevation GG. A2.09 – EHU North HH. A2.10 – EHU East/West II. A2.11 – EHU South JJ. A3.04 – EHU Site Section KK. A3.05 – EHU Site Section LL. A3.06 – Hotel Site Section MM. A9.01 – 3D NN. A9.02 – 3D OO. A9.03 – 3D PP. A9.04 – 3D Ordinance No. 4, Series of 2020 4 QQ. A9.05 – 3D RR. A9.06 – 3D SS. A9.07 – 3D TT. C1.1 – Site Layout UU. C1.2 – Historical Site Grades VV. C1.3 – Site Layout WW. C2.0 – Demolition Plan XX. C2.1 – Grading Plan YY. C2.2 – Grading Plan ZZ. C3.0 – Storm Sewer Plan AAA. C3.1 – Fire Turning Simulation BBB. C4.0 – Utility Plan CCC. C5.0 – Fire Turning Simulation DDD. G0.00 – Cover EEE. G0.01 – Sheet Index FFF. 1 of 1 – Topographic Map (Inter-Mountain Engineering) GGG. L-1 – Landscape Plan Permitted Uses – The permitted uses in Special Development District No. 42 shall be as set forth in the underlying Public Accommodation 2 zone district, Section 12-7J-2. Conditional Use – The conditional uses for Special Development District No. 42, Highline DoubleTree, shall be set forth in Section 12-7J-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Section 12-16 of the Town of Vail Zoning Regulations. Density - Accommodation Units, and Limited Service Lodging Units– The number of units permitted in Special Development District No. 42, Highline Double Tree, shall not exceed the following: Accommodation Units – 176 Limited Service Lodging Units - 19 Density – Floor Area – The gross residential floor area (GRFA) and commercial square footage permitted for Special Development District No. 42, Highline Double Tree, shall generally be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance, with the following development standard limitations. Ordinance No. 4, Series of 2020 5 GRFA – 80,000 square feet (allowed) Retail/Restaurant/Lounge –11,670 square feet (allowed) Conference Facilities – 7,666 square feet (gross) Setbacks – Required setbacks for Special Development District No. 42, Highline DoubleTree, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height – The maximum building height for Special Development District No. 42, Highline Double Tree, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Site Coverage – The maximum site coverage allowed for Special Development District No. 42, Highline Double Tree, shall be: Site Coverage Maximum: 40% Landscaping – The minimum landscape area requirement for Special Development District No. 42, Highline Double Tree, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Landscaping Minimum: 30%*. *Including areas that do not meet the minimum size to qualify as landscaping. Parking and Loading – The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 42, Highline Double Tree, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance with the minimum number of parking spaces being 175 spaces. Section 5. Approval Agreements for Special Development District No. 42, Highline DoubleTree Ordinance No. 4, Series of 2020 6 The approval Special Development District No. 42, Highline DoubleTree shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 1. Applicant shall obtain approval for subdivision before a certificate of occupancy for the EHU building is granted. 2. The applicant shall obtain the certificate of occupancy for the EHU building before requesting a certificate of occupancy for the hotel addition. 3. Approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 4. The applicant shall obtain approval for a conditional use permit for the commercial space on the first floor before a building permit is issued. 5. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued. 6. Applicant shall set aside two (2) three-bedroom units and two (2) one-bedroom units in the EHU building not to be included in the mitigation bank. 7. Prior to the issuance of any certificate of occupancy for the EHU building, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units. 8. The applicant shall coordinate and resolve landscape conflicts with utilities and sight distance before a building permit is issued. 9. The applicant shall show the drainage outfall for Chamonix Lane swale in the building permit submittal. 10. The applicant shall provide a 2’ gravel shoulder along Chamonix Lane and side slopes of swale no steeper than 2:1. 11. Applicant shall increase AIPP contribution to $32,500 and the installati on shall be completed before a certificate of occupancy for the hotel addition is granted. 12. Applicant shall correct plans to meet the comments from the Fire Department prior to the submittal for a building permit. 13. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application. Section 7. 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 8. Ordinance No. 4, Series of 2020 7 The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 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. Section 9. All bylaws orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 10. 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 inhabitants thereof. Section 11. 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 by declared invalid. Section 12. The repeal or the repeal and reenactment of any provisions of Vail Municipal 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 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. Section 13. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not Ordinance No. 4, Series of 2020 8 be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May, 2020 and a public hearing for second reading of this Ordinance set for the 2nd day of June, 2020, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________ Dave Chapin, Town Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 16th day of June, 2020. _______________________ Dave Chapin, Town Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of May, 2020. Witness my hand and seal this 8th day of May, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 5, Series of 2020 ORDINANCE NO. 5 SERIES 2020 AN ORDINANCE REDUCING THE NUMBER OF BOARD MEMBERS REQUIRED TO SERVE ON THE TOWN OF VAIL ARTS BOARD WHEREAS, the Council wishes to reduce the number of board members required to serve on the Town of Vail Arts Board from seven members to five members. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 3-3-2 and 3-3-3 of the Vail Town Code are hereby amended to read as follows: 3-3-2: APPOINTMENT: The town council hereby appoints the Vail arts board composed of five (5) seven (7) members who shall act in accordance with the charter, this chapter, the direction of the town council, the ordinances of the town and shall be appointed and serve as provided in this chapter. 3-3-3: MEMBERSHIP; TERMS: The arts board shall consist of five (5) seven (7) members appointed by the town council. In addition, the arts board may consist of honorary advisory members who shall not have the power to vote on issues which come before the board. The number and term of such advisory members shall be at the discretion of the town council. All members of the arts board shall be individuals who have demonstrated interest or expertise in architecture, art criticism, art education, art history, foreign arts, graphic arts, interior design, landscape architecture, town planning, or other art and design related fields, or who have demonstrated a strong interest in the visual arts and civic improvement. All members shall either be residents of the town, or own property within the town. The terms of the members of the arts board shall be two (2) years on an overlapping basis and shall expire on March 31 of the year of termination. 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. 2 Ordinance no. __ 2020 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 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 5th day of May, 2020 and a public hearing for second reading of this Ordinance is set for the 19th day of May, 2020, 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 19th day of May, 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of May, 2020. Witness my hand and seal this 21st day of May, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 5, Series of 2020 ORDINANCE NO. 5 SERIES 2020 AN ORDINANCE REDUCING THE NUMBER OF BOARD MEMBERS REQUIRED TO SERVE ON THE TOWN OF VAIL ARTS BOARD WHEREAS, the Council wishes to reduce the number of board members required to serve on the Town of Vail Arts Board from seven members to five members. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 3-3-2 and 3-3-3 of the Vail Town Code are hereby amended to read as follows: 3-3-2: APPOINTMENT: The town council hereby appoints the Vail arts board composed of five (5) seven (7) members who shall act in accordance with the charter, this chapter, the direction of the town council, the ordinances of the town and shall be appointed and serve as provided in this chapter. 3-3-3: MEMBERSHIP; TERMS: The arts board shall consist of five (5) seven (7) members appointed by the town council. In addition, the arts board may consist of honorary advisory members who shall not have the power to vote on issues which come before the board. The number and term of such advisory members shall be at the discretion of the town council. All members of the arts board shall be individuals who have demonstrated interest or expertise in architecture, art criticism, art education, art history, foreign arts, graphic arts, interior design, landscape architecture, town planning, or other art and design related fields, or who have demonstrated a strong interest in the visual arts and civic improvement. All members shall either be residents of the town, or own property within the town. The terms of the members of the arts board shall be two (2) years on an overlapping basis and shall expire on March 31 of the year of termination. 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. 2 Ordinance no. __ 2020 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 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 5th day of May, 2020 and a public hearing for second reading of this Ordinance is set for the 19th day of May, 2020, 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 19th day of May, 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of May, 2020. Witness my hand and seal this 20th day of May, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 6, Series of 2020 ORDINANCE NO. 6 SERIES 2020 AN EMERGENCY ORDINANCE AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 4-2-7, ALLOWING CONSUMPTION OF ALCOHOLIC BEVERAGES IN DESIGNATED PUBLIC PLACES WHEREAS, on March 10, 2020, the Governor of the State of Colorado recognized the COVID-19 pandemic and declared a state of emergency; WHEREAS, on March 13, 2020, the Town Manager declared a disaster emergency in and for the Town of Vail, Colorado, pursuant to the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), and Section 13.5 of the Town's Home Rule Charter, which declaration was thereafter continued by the Town Council; WHEREAS, the emergency conditions caused by the COVID-19 pandemic, as defined by C.R.S. § 24-33.5-702 and the Charter, persist and require additional and sustained action by the Town; WHEREAS, pursuant to C.R.S. § 44-3-901(1)(i)(VII), the Town Council may, by ordinance, allow for consumption of alcoholic beverages in any public place other than a public right-of-way; and WHEREAS, allowing consumption of alcoholic beverages in designated public places in the Town would provide relief to restaurants and other liquor-licensed establishments impacted by the COVID-19 pandemic. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the addition of the following new Section 4-2-7: 4-2-7: CONSUMPTION OF ALCOHOL IN PUBLIC PLACES: The consumption of alcoholic beverages shall be permitted in those public places in the Town designated in writing by the Town Manager from time to time, other than public rights-of-way. The Town Manager shall cause appropriate signage to be erected in such public places. 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. 2 5/14/2020 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\ORDINANCE NO. 6, SERIES OF 2020.DOCX 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 repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 5. Pursuant to § 4.11 of the Vail Town Charter, the Town Council hereby finds and declares that this ordinance is necessary for the immediate preservation of the public health, safety and welfare, to ameliorate the negative effects of the COVID- 19 pandemic on restaurants and other liquor-licensed establishments in the Town. Section 6. This ordinance shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 19th day of May, 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of June, 2020. Witness my hand and seal this 8th day of June, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 7, Series of 2020 ORDINANCE NO. 7 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, MARKETING FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND, OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (1,700,657) Capital Projects Fund (4,594,300) Real Estate Transfer Tax Fund (29,288) Dispatch Services Fund 49,700 Marketing Fund (864,365) Heavy Equipment Fund (100,185) Interfund Transfers 881,415 Total ($ 6,357,680) 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 Ordinance No. 7, Series of 2020 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, 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2020, and a public hearing shall be held on this Ordinance on the 16th day of June, 2020, 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: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of June. _____________________________ Ordinance No. 7, Series of 2020 Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of June, 2020. Witness my hand and seal this 18th day of June, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 7, Series of 2020 ORDINANCE NO. 7 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND , MARKETING FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND, OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 20 20 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinanc e No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the T own Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorad o, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (1,575,290) Capital Projects Fund (4,492,287) Real Estate Transfer Tax Fund (29,288) Dispatch Services Fund 49,700 Marketing Fund (864,365) Heavy Equipment Fund (100,185) Interfund Transfers 795,296 Total $ (6,216,420) 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 pass ed this ordinance, and each Ordinance No. 7, Series of 2020 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phras es be declared invalid. 3. The Town Council hereby finds, determ ines, and declares that this ordinance is necessary and proper for the health, saf ety, 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, 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 p rovision repealed or repealed and reenacted. The repeal of any provision hereby s hall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herei n. 5. All bylaws, orders, resolutions, and ordinances, or part s 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 ther eof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDE RED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2020, and a public hearing shall be held on this Ordinance on the 16th day of June, 2020, at the regular meeting of the Town C ouncil of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Dave Chapin, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND OR DERED PUBLISHED IN FULL this 16th day of June. _____________________________ Dave Chapin, Mayor Ordinance No. 7, Series of 2020 ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 23rd day of July, 2020. Witness my hand and seal this 23rd day of July, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 8, Series of 2020 ORDINANCE NO. 8 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,141,000 Total $ 1,141,000 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, any duty Ordinance No. 8, Series of 2020 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of July, 2020, and a public hearing shall be held on this Ordinance on the 4th day of August, 2020, 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: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of August. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of August, 2020. Witness my hand and seal this 7th day of August, 2020. Stephanie Bibbens Deputy Town Clerk Ordin ance No. 8, Series of 20 20 ORDINANCE NO. 8 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, MARKETING FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,095,000 Marketing Fund 70,000 Real Estate Transfer Tax 26,000 Interfund Transfer (70,000) Total $ 1,121,000 2. If any part, section, subsection, sentenc e, 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 Ordin ance No. 8, Series of 20 20 thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as pr ovided 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 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 herei n. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of July, 2020, and a public hearing shall be held on this Ordinance on the 4th day of August, 2020, 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: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of August. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of August, 2020. Witness my hand and seal this 7th day of August, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 9 SERIES 2020 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN CODE TO DEFINE ECONOMIC NEXUS AND UPDATE METHODS FOR COLLECTION AND REMITTANCE OF SALES TAX WHEREAS, the Town of Vail is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact, administer and enforce sales taxes is clearly within the constitutional grant of power to the Town and is necessary to raise revenue with which to conduct the affairs and render the services performed by the Town; WHEREAS, pursuant to such authority, the Town has adopted and enacted a Sales Tax Code (the “Code”), under which Town sales tax is levied on all sales and purchases of tangible personal property or taxable services at retail unless prohibited, as applicable to the provision of this Ordinance, under the Constitution or laws of the United States; WHEREAS, the United States Supreme Court in South Dakota v. Wayfair, 138 S.Ct. 2080 (2018), overturned prior precedent and held that a State is not prohibited by the Commerce Clause from requiring a retailer to collect sales tax based solely on the fact that such retailer does not have a physical presence in the State (“Remote Sales”); WHEREAS, based upon such decision, the retailer’s obligation to collect tax on Remote Sales is no longer based on the retailer’s physical presence in the jurisdiction by the Constitution or law of the United States, and the Code needs to be amended to clearly reflect such obligation consistent with said decision; WHEREAS, the delivery of tangible personal property, products, or services into the Town relies on and burdens local transportation systems, emergency and police services, waste disposal, utilities and other infrastructure and services; WHEREAS, the failure to tax Remote Sales creates incentives for businesses to avoid a physical presence in the State and its respective communities, resulting in fewer jobs and increasing the share of taxes to those consumers who buy from competitors with a physical presence in the State and its municipalities; WHEREAS, it is appropriate for Colorado municipalities to adopt uniform definitions within their sales tax codes to encompass marketplace facilitators, marketplace sellers, and multichannel sellers that do not have a physical presence in the Town, but that still have a taxable connection with the Town; WHEREAS, the goal of adopting this ordinance is to join in on the simplification efforts of all the self-collecting home rule municipalities in Colorado; Ordinance No. 9, Series of 2020 1 WHEREAS, this ordinance provides a safe harbor to those who transact limited sales within the Town; WHEREAS, absent this amendment, the continued failure of retailers to voluntarily apply and remit sales tax owed on Remote Sales exposes the Town to unremitted taxes and permits an inequitable exception that prevents market participants from competing on an even playing field; WHEREAS, the Town adopts this ordinance with the intent to address tax administration, and, in connection with, establish economic nexus for retailers or vendors without physical presence in the State and require the retailer or vendor to collect and remit sales tax for all sales made within the marketplace as permitted in 2018 by the U.S. Supreme Court; and WHEREAS, the State's adoption of economic nexus for state sales tax and state- collected municipal sales tax did not require voter approval under the Taxpayer's Bill of Rights ("TABOR"), Article X, § 20 of the Colorado Constitution, and, similarly, updating the Town's methods to allow collection and remittance of sales tax to the full extent permitted by law does not require voter approval under TABOR. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-1-2 of the Vail Town Code is amended by the revision to or addition of the following defined terms, which shall appear in alphabetical order: ECONOMIC NEXUS: The connection between the town and a person not having a physical nexus in the State of Colorado, which connection is established when the person or marketplace facilitator makes retail sales into the town, and: A. In the previous calendar year, the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended; or B. In the current calendar year, 90 days has passed following the month in which the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended. This definition does not apply to any person who is doing business in this state but otherwise applies to any other person. ENGAGED IN BUSINESS IN THE TOWN: Performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or Ordinance No. 9, Series of 2020 2 consumption within the Town. Engaged in business in the town includes, but is not limited to, any one of the following activities by a person: A. Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; B. Sends one or more employees, agents or commissioned salespersons into the taxing jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; C. Maintains one or more employees, agents or commissioned salespersons on duty at a location within the taxing jurisdiction; D. Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; or E. Retailer or vendor in the state of Colorado that makes more than one delivery into the taxing jurisdiction within a twelve (12) month period. F. Makes retail sales sufficient to meet the definitional requirements of economic nexus as set forth herein. MARKETPLACE: A physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, taxable products, or taxable services are offered for sale. MARKETPLACE FACILITATOR: A person who: A. Contracts with a marketplace seller or multichannel seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller’s tangible personal property, products, or services through the person’s marketplace; B. Engages directly or indirectly, through one or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or multichannel seller; and Ordinance No. 9, Series of 2020 3 C. Either directly or indirectly, through agreements or arrangements with third parties, collects payment from the purchaser on behalf of the seller. This definition does not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. MARKETPLACE SELLER: A person, regardless of whether or not the person is engaged in business in the town, which has an agreement with a marketplace facilitator and offers for sale tangible personal property, products, or services through a marketplace owned, operated, or controlled by a marketplace facilitator. MULTICHANNEL SELLER: A retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means. RETAILER OR VENDOR: Any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: A. Auctioneer; B. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; C. Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; D. Retailer-contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property; E. Marketplace facilitator, marketplace seller, or multichannel seller. Ordinance No. 9, Series of 2020 4 Section 2. Section 4-3-3-1 of the Vail Town Code is amended by the addition of the following new subsection J: 4-3-3-1: PROPERTY AND SERVICES TAXED: * * * J. Marketplace Sales: 1. A marketplace facilitator engaged in business in the town is required to collect and remit sales tax on all taxable sales made by the marketplace facilitator, or facilitated by it for marketplace sellers or multichannel sellers to customers in the town, whether or not the marketplace seller for whom sales are facilitated would have been required to collect sales tax had the sale not been facilitated by the marketplace facilitator. 2. A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a vendor under this chapter. Marketplace facilitators shall be liable for the taxes collected from marketplace sellers or multichannel sellers. The town may recover any unpaid taxes, penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf of marketplace sellers or multichannel sellers. 3. The liabilities, obligations, and rights set forth under this subsection J are in addition to any duties and responsibilities of the marketplace facilitator has under this chapter if it also offers for sale tangible personal property, products, or services through other means. 4. A marketplace seller, with respect to sales of tangible personal property, products, or services made in or through a marketplace facilitator’s marketplace, does not have the liabilities, obligations, or rights of a retailer under this chapter if the marketplace seller can show that such sale was facilitated by a marketplace facilitator: a. With whom the marketplace seller has a contract that explicitly provides that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this chapter; or b. From whom the marketplace seller requested and received in good faith a certification that the marketplace facilitator is registered to collect sales tax and will collect sales Ordinance No. 9, Series of 2020 5 tax on all sales subject to tax under this chapter made in or through the marketplace facilitator’s marketplace. 5. If a marketplace seller makes a sale that is not facilitated by a licensed marketplace facilitator in a marketplace, the marketplace seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other retailer. 6. With respect to any marketplace sale, the town shall solely audit the marketplace facilitator for sales made by marketplace sellers or multichannel sellers but facilitated by the marketplace. The town will not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator. Section 3. No obligation to collect the sales and use tax required by this Ordinance may be applied retroactively. Responsibilities, duties and liabilities described in Section 2 of a marketplace facilitator, marketplace seller, or multichannel seller begin upon the earlier of when they became licensed to collect the Town's sales tax or when they became legally obligated to collect the Town's sales tax Section 4. 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 5. 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 6. 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. Section 7. This ordinance shall become effective on the first day of the month that is at least thirty (30) days after date of its adoption. Ordinance No. 9, Series of 2020 6 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2020 and a public hearing for second reading of this Ordinance is set for the day of , 2020, 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 , 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk Ordinance No. 9, Series of 2020 7 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of September, 2020. Witness my hand and seal this 3rd day of September, 2020. Stephanie Bibbens Deputy Town Clerk TO: Vail Town Council FROM: Finance Department DATE: September 1, 2020 SUBJECT: 2020 4th Supplemental Appropriation I. SUMMARY In Tuesday evening’s session, you will be asked to approve the first reading of Ordinance No. 10, Series 2020, the second supplemental appropriation of the 2020 budget. II. DISCUSSION Across all funds, this supplemental request adjusts the budget to reflect $2,390,861 of additional revenue and proposes an increase of $1,474,892 to expenditures. The fund statements are also attached. General Fund Budgeted revenue will be adjusted by an increase of $1,486,427 offset by a reduction in revenue of $40,000. The majority of this adjustment ($1,449,435) is a reflection of the Federal CARES funding from the state. This will be used to reimburse the town for a portion of COVID related expenditures. Expenses that are eligible for reimbursement include medical and personal protective equipment, cleaning supplies, operational closures, COVID testing, and both community and commercial relief program funding. Other revenue adjustments to be offset by corresponding expenditures include: • $30,000 reimbursement from Eagle Valley Behavior Health for police officers to attend a crisis intervention training. • $1,312 use of Friends of the Library donations to be used towards an additional Friday night virtual yoga program and Friends of the Library summer mailings. • $5,680 reimbursement from the state for the travel ($555) and personnel ($5,125) deployment costs for the town’s Police Chief during the Seibert and Pine Gulch fires. Revenue will also be adjusted by a $40,000 reduction in the GMC vehicle sponsorship program due economic impacts of COVID. Staff is requesting an overall increase in budgeted expenditures of $43,992, of which $36,992 relates to expenditures corresponding to the reimbursements mentioned above. The remaining $77,000 includes: - 2 - • $7,000 is requested to perform an online survey to gather data on voter sentiment for a potential ballot question to “de-Gallagherize” Vail property taxes. This was approved by Council on August 18th. • $70,000 transfer to the Marketing Fund to fall music entertainment activation in Ford Park, Lionshead, and Vail Village. Staff is currently researching cost estimates and gathering public safety input for fall and winter economic recovery efforts including tents and heaters to allow for additional winter seating and capacity in the Vail and Lionshead villages and a community gift card program. Staff will include additional information and cost estimates during the 2nd reading on September 15th. The above adjustments will result in net deficit of $6.2 million and an estimated ending fund balance of $30.0 million, or 68% of normal annual revenue streams. Council’s directive is a minimum of 35% reserve balance. Marketing Fund Revenue is being adjusted by a $70,000 transfer from the General Fund to be directly offset by expenditures for fall music entertainment activation in Ford Park, Lionshead, and Vail Village. Capital Projects Fund Staff is requesting to increase budgeted expenditures by a $300,000 placeholder for the temporary relocation of the Children’s Garden of Learning. While this amount is very preliminary, staff recommends including a placeholder for this project to allow Council to move forward with design and planning for the project as they see fit. The above adjustments will result in an estimated ending fund balance of $23.0 million. Housing Fund Budgeted revenues will be adjusted by an increase of $874,434 to reflect the proceeds from the sale of Chamonix Parcel E to be used towards future housing initiatives. Real Estate Transfer Tax Fund Staff is requesting to transfer savings of $30,000 from the Gore Creek streambank restoration project to the rehabilitation of the Covered Bridge pocket park. The original estimate for this project was $82,000 however bids came in higher than expected at $108,000. Approval for this contract is included on this evening’s agenda. Staff is requesting to reflect a $15,466 increase in expenditures used to purchase picnic tables that are being used to provide additional guest seating in Lionshead and Vail Village. Staff is also reflecting a correction in the Parks and Recreational department budget due to a calculation error in the operational cuts during the 2nd supplemental. This budget still reflects a 10% operating cut and 0% merit for 2020. The above adjustments will result in an ending fund balance of $11.4M. SignificantMajorCrisisProposed20201st COVID-19 20202nd COVID-19 COVID-19 20203rd20204th2020Budget Supplemental Adjustments Amended Supplemental Adjustments Adjustments Amended Supplemental Amended Supplemental AmendedRevenueLocal Taxes:28,524,000$ (7,150,000)$ 21,374,000$ (2,174,000)$ (2,400,000)$ 16,800,000$ 16,800,000$ 16,800,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/3866/3468/3268/3268/32 Sales Tax17,685,000 (3,575,000) 14,110,000 (1,054,000) (1,632,000) 11,424,000 11,424,000 11,424,000 Property and Ownership5,900,000 5,900,000 5,900,000 5,900,000 5,900,000 Ski Lift Tax5,300,000 (1,060,000) 4,240,000 (90,000) (270,000) 3,880,000 3,880,000 3,880,000 Franchise Fees, Penalties, and Other Taxes1,175,440 400,000 1,575,440 1,575,440 1,575,440 1,575,440 Licenses & Permits2,400,000 2,400,000 (478,634) 1,921,366 1,921,366 1,921,366 Intergovernmental Revenue2,075,088 250,000 (198,400) 2,126,688 36,460 (175,088) (11,800) 1,976,260 1,976,260 1,976,260 CARES Transit Grant- - 916,000 431,000 1,347,000 1,347,000 1,347,000 CARES Grant- - - - - - - 1,449,435 1,449,435 Federal CARES fundingTransportation Centers6,360,000 (1,029,600) 5,330,400 (416,000) (700,000) 4,214,400 4,214,400 4,214,400 Charges for Services 1,025,918 1,025,918 (16,431) 1,009,487 1,009,487 1,009,487 Fines & Forfeitures250,476 250,476 250,476 250,476 250,476 Earnings on Investments500,000 (300,000) 200,000 200,000 200,000 200,000 Rental Revenue1,093,178 4,080 (90,000) 1,007,258 (112,000) (20,000) 875,258 875,258 875,258 Miscellaneous and Project Reimbursements251,000 (120,000) 131,000 17,202 148,202 148,202 (3,008) 145,194 Reimbursement from EVBH for crisis intervention training ($30K); Use of Friends of the Library Donations ($1.3K); Deployment reimbursement ($5.7K); Total Revenue44,016,100 654,080 (6,373,000) 38,297,180 53,662 (1,426,153) (2,202,800) 34,721,889 - 34,721,889 1,446,427 36,168,316 ExpendituresSalaries20,499,231 22,857 (568,590) 19,953,498 3,345 (160,000) (476,800) 19,320,043 19,320,043 3,075 19,323,118 Personnel costs for PD Chief deplayments to Seiber and Pine Gultch Fires Benefits 7,377,769 9,143 (204,909) 7,182,003 (22,000) (62,000) 7,098,003 7,098,003 2,050 7,100,053 Personnel costs for PD Chief deplayments to Seiber and Pine Gultch Fires Subtotal Compensation and Benefits27,877,000 32,000 (773,499) 27,135,501 3,345 (182,000) (538,800) 26,418,046 - 26,418,046 5,125 26,423,171 Contributions and Welcome Centers289,626 (6,161) 283,465 283,465 283,465 283,465 All Other Operating Expenses8,194,158 406,080 (810,363) 7,789,875 50,317 (122,151) (111,706) 7,606,335 25,000 7,631,335 38,867 7,670,202 Ballot survey ($7K); Travel costs for fire deployments ($555); Use of Friends of the Library donations for virtual yoga and mailings ($1.3K; PD Crisis Intervention Training ($30K) Heavy Equipment Operating Charges2,530,419 (253,042) 2,277,377 (17,050) 2,260,327 2,260,327 2,260,327 Heavy Equipment Replacement Charges845,122 845,122 845,122 845,122 845,122 Dispatch Services661,194 (66,119) 595,075 66,119 661,194 661,194 661,194 Total Expenditures40,397,519 438,080 (1,909,184) 38,926,415 53,662 (238,032) (667,556) 38,074,489 25,000 38,099,489 43,992 38,143,481 Transfer to Marketing & Special Events Fund(2,866,211) (65,000) 50,000 (2,881,211) 288,121 576,244 (2,016,845) (70,000) (2,086,845) (70,000) (2,156,845) Total Transfers(2,866,211) (65,000) 50,000 (2,881,211) - 288,121 576,244 (2,016,845) (70,000) (2,086,845) (70,000) (2,156,845) Planning ProjectsVail 2030(300,000) 300,000 - - - - Civic Area/Dobson Master Plan(250,000) 50,000 (200,000) (200,000) (200,000) (200,000) West Vail Master Plan(325,000) (325,000) (325,000) (325,000) (325,000) COVID-19 Vail Community Relief Fund- (500,000) (500,000) (500,000) (500,000) (500,000) COVID-19 operating expenses- - (141,000) (141,000) (141,000) (141,000) Commerical Rent Relief Program- - - (1,000,000) (1,000,000) (1,000,000) Total Expenditures44,138,730 1,003,080 (2,309,184) 42,832,626 53,662 (526,153) (1,102,800) 41,257,334 1,095,000 42,352,334 113,992 42,466,326 Surplus (Deficit) Net of Transfers & New Programs(122,630) (4,535,446) - (900,000) (1,100,000) (6,535,445) (1,095,000) (7,630,445) 1,332,435 (6,298,010) Beginning Fund Balance32,144,411 4,162,253 36,306,665 (900,000) (1,100,000) 36,306,665 36,306,665 36,306,665 Ending Fund Balance32,021,782$ 31,771,219$ 29,771,219$ 28,676,219$ 30,008,654$ As % of Annual Revenues73% 72% 68% 65% 68%EHOP balance included in ending fund balance - not spendable 890,000$ 466,400$ 1,190,000$ 1,190,000$ 1,190,000$ 1,190,000$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 3 Proposed2020 1st COVID-19 2020 COVID-19 2020 COVID-19 2020 COVID-19 2020Budget Supplemental Adjustments Amended Adjustments Amended Adjustments Amended Adjustments AmendedRevenueBusiness Licenses 325,000$ 325,000$ 325,000$ 325,000$ 325,000$ Transfer in from General Fund2,866,211 65,000 (50,000) 2,881,211 (864,365) 2,016,846 70,000 2,086,846 70,000 2,156,846 Earnings on Investments3,000 3,000 3,000 3,000 3,000 Total Revenue3,194,211 65,000 (50,000) 3,209,211 (864,365) 2,344,846 70,000 2,414,846 70,000 2,484,846 ExpendituresCommission on Special Events (CSE) 893,648 893,648 (268,094) 625,554 625,554 625,554 Education & Enrichment154,530 154,530 154,530 154,530 154,530 Signature Events: Bravo!296,934 296,934 296,934 296,934 296,934 Vail Jazz Festival76,400 76,400 76,400 76,400 76,400 Vail Valley Foundation - Mountain Games140,000 140,000 140,000 140,000 140,000 Vail Valley Foundation - Hot Summer Nights28,050 28,050 28,050 28,050 28,050 Vail Valley Foundation - Dance Festival54,633 54,633 54,633 54,633 54,633 Burton US Open490,000 490,000 490,000 490,000 490,000 Fireworks52,015 52,015 52,015 52,015 52,015 Destination Events: Snow Days300,000 300,000 300,000 300,000 300,000 Spring Back to Vail550,000 550,000 550,000 550,000 550,000 Other Event Funding: Revely Vail155,000 50,000 (50,000) 155,000 155,000 155,000 155,000 Vail Holidays Funding- 15,000 15,000 15,000 15,000 15,000 Ford Park Entertainment50,000 50,000 50,000 100,000 Music in the Villages20,000 20,000 20,000 40,000 30% reduction across all signature events:- - (596,271) (596,271) (596,271) (596,271) Collection Fee - General Fund16,250 16,250 16,250 16,250 16,250 Total Expenditures3,207,461 65,000 (50,000) 3,222,461 (864,365) 2,358,096 70,000 2,428,096 70,000 2,498,096 Revenue Over (Under) Expenditures(13,250) (13,250) (13,250) - (13,250) - (13,250) Beginning Fund Balance274,288 386,837 386,837 386,837 386,837 Ending Fund Balance261,038$ 373,587$ 373,587$ 373,587$ 373,587$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEVAIL MARKETING & SPECIAL EVENTS FUND4 COVID AdjustmentsNew Request/AdjustmentProposed1st COVID-19 2020 2nd COVID-19 20204th20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Supplemental AmendedRevenue2%Total Sales Tax Revenue:28,524,000$ (7,150,000)$ 21,374,000$ (4,574,000)$ 16,800,000$ 16,800,000$ 2020 proposed 2% from 2019 forecast and 1.8% from 2018 actuals Sales Tax Split between General Fund & Capital Fund62/3866/3468/3268/32Sales Tax - Capital Projects Fund10,839,000$ (3,575,000)$ 7,264,000$ (1,888,000)$ 5,376,000$ 5,376,000$ 2020: Reduction of sales tax of for economic impacts of COVID-19 Use Tax2,220,000 2,220,000 (420,000) 1,800,000 1,800,000 2020 flat with 2019 and based on 5 year averageFranchise Fee190,000 190,000 190,000 190,000 1% Holy Cross Franchise Fee approved in 2019Federal Grant Revenue700,000 (700,000) - - - 2020: Reduce Federal grant reimbursement for Bridge Rd Bridge. This grant was originally scheduled to be received in two partial payments ($300K in 2019 and $700K in 2020);Other State Revenue1,617,287 350,000 1,967,287 1,967,287 1,967,287 2020: $350K CDOT 50% grant for bus transportation management system (see corresponding expenditure for $700K below); 1.09M FASTER grant for electric bus charges; $525,287 CDOT bus grantLease Revenue164,067 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement-79,676 79,676 79,676 79,676 2020: Re-appropriate $29,676 for traffic impact fee reimbursement from VVMC/Frontage Rd projects, $50K use of Holy Cross funds for Big Horn Rd Intermountain project; $20K Vail Trail condo association; reimbursement for sidewalk; $200K reimbursement from Holy Cross for 2019/2020 Big Horn Rd and Intermountain project; $20.7K traffic impact reimbursement for VVMC/Frontage Rd. project; $50K use of community enhancement funds for Liftside to Glen Lyon underground utility project; $50K additional use of traffic impact fees for VVMC/Frontage Rd (see corresponding expenditures below)Timber Ridge Loan repayment460,842 460,842 460,842 460,842 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge FundEarnings on Investments and Other368,970 368,970 368,970 368,970 2020: 1.8% returns assumed on available fund balanceTotal Revenue16,370,166 (80,324) (3,575,000) 12,714,842 - (2,308,000) 10,406,842 - 10,406,842 ExpendituresFacilitiesFacilities Capital Maintenance 372,500 130,417 502,917 502,917 502,917 2020: Re-appropriate $133.4K to complete TM residence upgrades; PW garage door replacements ($50K), transit station skylight replacement ($50K); In general this line item covers various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.). Municipal Complex Maintenance 873,000 138,750 1,011,750 1,011,750 1,011,750 2020: Re-appropriate $138.8K for municipal building upgrades, repairs, and maintenance; Comm Dec Remodel ($75K); Replace Admin building air handlers ($250K), Comm Dev roof replacement ($125K), Comm Dev interior flooring replacement ($25K), PD balcony repairs ($50K), PD boiler replacement ($45K), replace PD air handling units ($75K), replace PD rooftop units ($125K)Welcome Center/Grandview Capital Maintenance 38,000 56,704 94,704 94,704 94,704 2020: Re-appropriate $56.7K for final bills for furniture replacement at the Grandview Donovan Pavilion120,000 5,000 125,000 125,000 125,000 2020: Re-appropriate $5K to be used towards HVAC relocation design; 2020 includes $75K for design & planning of HVAC Replacement and relocation at Donovan PavilionSnowmelt Boilers 500,000 500,000 500,000 500,000 Replacement of TRC 8 boilers (2 per year)Public Works Shops Expansion 9,500,000 11,603,325 (14,100,000) 7,003,325 (4,600,000) 2,403,325 2,403,325 Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan (previously completed in 1994). The plan will ensure shop expansions will meet the needs of the department and changing operations; 2019-2020: Phase I includes demo and reconstruction of a two story streets building; retaining wall construction, new cinder building, relocation of the green house building, and a vertical expansion allowance for future building options. Reflect actual cash needed in 2020; savings of $1.4M; Per Council on May 19, defer Phase 1 to 2021Public Works Building Maintenance -300,000 300,000 300,000 300,000 2020: Re-appropriate $300K to replace two HVAC units at Public Works11,403,500 12,234,196 (14,100,000) 9,537,696 - (4,600,000) 4,937,696 - 4,937,696 ParkingParking Structures697,000 697,000 697,000 697,000 2020 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs; 2019: Re-appropriate for structural repairs to LHTRC, roofing repairs at VTRC, and elevator repairs;Parking Entry System / Equipment-125,148 125,148 102,013 227,161 227,161 2020: $227.2K for additional on-foot parking payment kiosksRed Sandstone Parking Structure (VRA)-1,308,936 1,308,936 1,308,936 1,308,936 2020: Re-appropriate $1.3M to complete New Red Sandstone Parking Structure. This project includes all landscaping and parking space monitoring system; Construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M) and Eagle County School District ($1.5M); Remainder to be reimbursed by VRAParking Structure Camera systems1,000,000 (1,000,000) - - - Installation of camera systems for both safety and vehicle counts at Vail Village and Lionshead to mirror new system at Red Sandstone; Defer to 2021Lionshead Parking Structure Landscape Renovations (VRA) -30,291 30,291 30,291 30,291 2020: Re-appropriate to complete landscaping ($30.3K);Total Facilities1,697,000 1,464,375 (1,000,000) 2,161,375 102,013 - 2,263,388 - 2,263,388 TOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 5 COVID AdjustmentsNew Request/AdjustmentProposed1st COVID-19 2020 2nd COVID-19 20204th20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Supplemental AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDTransportationBus Shelters 230,000 230,000 230,000 230,000 Bus shelter annual maintenance; 2020 Lionshead transit center Westbound Bus shelterReplace Buses6,900,000 (88,358) 6,811,642 6,811,642 6,811,642 2020: Transfer total of $350K of savings (2019savings of $261.6K and 2020 savings of $88.4K) to be used towards the town's portion of the bus transit management system; 7 buses for replacement at $905K each, plus 5 charging stations at $50K each, and $30K for additional power chargers;Bus Transportation Management System-700,000 700,000 700,000 700,000 2020: $700K for a new bus transportation mgmt. system. This includes a $350K 50% CDOT grant and $350K savings from "Replace Buses" project to upgrade bus transportation system; $350K CDOT grant. Traffic Impact Fee and Transportation Master Plan Updates-30,000 30,000 30,000 30,000 2020: Re-appropriate $30K to perform traffic countsHybrid Bus Battery Replacement-388,716 (388,716) - - - 2020: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; Buses will be replaced in 2-3 yearsElectric bus chargers and electrical service rebuild1,375,000 1,375,000 1,375,000 1,375,000 2020: To construct electric bus charging station and electrical service infrastructure at Lionshead and Vail Village Transit centers; $1.1M in grant revenue will offset cost of this projectTotal Transportation8,505,000 1,030,358 (388,716) 9,146,642 - - 9,146,642 - 9,146,642 Road and BridgesCapital Street Maintenance1,345,000 1,345,000 1,345,000 1,345,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K); 2024 includes surface seal ($190K); asphalt mill overlay ($565K)Street Light Improvements 75,000 69,945 144,945 144,945 144,945 Re-appropriate for town-wide street light replacement; Slifer Plaza/ Fountain/Storm Sewer-156,593 156,593 156,593 156,593 2020: Re-appropriate to continue repairs to Silfer Plaza fountain reconstruction and storm sewers ($157K)Neighborhood Bridge Reconstruction350,000 428,186 (750,000) 28,186 20,000 48,186 48,186 2020: $48.2K for final bridge road bridge repair bills; Defer $750K for Lupine Bridge RepairsVail Health / TOV Frontage Road improvements -30,131 30,131 30,131 30,131 2020: Complete design phase of Frontage Rd. improvements ($30.1K)Seibert Fountain Improvements-358,000 358,000 358,000 358,000 2020: $358K for Fountain software system and valve upgrades at Seibert FountainNeighborhood Road Reconstruction-321,840 321,840 321,840 321,840 2020:$321K to continue East Vail major drainage improvements Vail Trail Sidewalk Connection-- - - Connect Vail sidewalk on Vail Valley Drive in front of Vail Trails Chalet complexWest Lionshead Circle Crosswalks (VRA)-75,000 75,000 75,000 75,000 2020: $75K for crosswalk at Lionshead placeMill Creek Heated Walk-100,580 100,580 100,580 100,580 2020: Re-appropriate for final project bills; TOV portion of 50/50 shared project with homeowners for heated sidewalk at Kendell Park/Mill Creek ($125K). This project will be managed by the HOA at an estimated total cost of $150K. East Vail Interchange Underpass Sidewalk500,000 (500,000) - - - 2020: Request from the Planning and Environmental Commission to construct a pedestrian sidewalk beneath the East Vail interchange; pedestrian count study at the underpass is recommended to be completed before the start of this project. Defer projectTotal Road and Bridge2,270,000 1,540,275 (1,250,000) 2,560,275 20,000 - 2,580,275 - 2,580,275 ContributionsChildren's Garden of Learning-Capital 20,000 32,500 52,500 52,500 52,500 2020: Annual contribution for capital maintenance and improvements; Re-appropriate $32.5K 2019 annual contribution for fence around front yard due to delays in CDOT easement; 2019: Council contribution to build a fence around front yard.;Total Contributions20,000 32,500 -52,500 - - 52,500 - 52,500 TechnologyTown-wide camera system22,000 22,000 22,000 22,000 $22K Annual maintenanceAudio-Visual capital maintenance118,000 118,000 118,000 118,000 $18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2020: $100K Welcome Center video wall replacementDocument Imaging50,000 50,000 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing496,123 70,278 566,401 566,401 566,401 2020: Re-appropriate $70.3K to complete asset mgmt. system; Annual software licensing and support for town wide systems; 2019-2020: Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products; 2019: virtual desktop replacement ($239K); Asset Mgmt. System ($75K); Asset Mgmt. annual maintenance and licensing agreement ($50K); Hardware Purchases175,000 12,723 187,723 187,723 187,723 2020: $12.7K for final workstation replacement bills; 2020: Time Clock Replacement ($125K); $50K Replacement of 20-25 workstations per year per scheduleWebsite and e-commerce86,500 50,000 136,500 136,500 136,500 2020: $50K for new Vailgov.com website framework and website upgrades; Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web camera streaming service $24KFiber Optics / Cabling Systems in Buildings150,000 150,000 150,000 150,000 2020: Fiber Optics Connection from Muni Building to West Vail fire station ($150K)Network upgrades200,000 20,256 220,256 220,256 220,256 Computer network systems - replacement cycle every 3-5 years; 2020 Firewalls ($60K), External Wireless System ($50K), TOV Switches and Router Replacements/Upgrades ($90K)Data Center (Computer Rooms)30,000 1,058,840 1,088,840 1,088,840 1,088,840 2020: Re-appropriate for Data Center Remodel at Station 3 includes hyper-converged infrastructure (HCI) equipment $750K, Cooling/UPS system upgrade for data center in Muni building $128K 6 COVID AdjustmentsNew Request/AdjustmentProposed1st COVID-19 2020 2nd COVID-19 20204th20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Supplemental AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDData Center equipment replacement and generator-159,406 159,406 159,406 159,406 2020: Final bills to replace data center server infrastructure; upgrade and replace emergency generator to increase capacity Broadband (THOR)94,800 94,800 94,800 94,800 Annual broadband expenses, potential future revenues ($94.8K)Bus Camera System15,000 15,000 15,000 15,000 Installation of software and cameras in buses; 2019/20 annual capital maintenance of camera replacement, etc.Business Systems Replacement 120,000 110,509 (50,509) 180,000 180,000 180,000 2020: Re-appropriate $110.5K for short term renal software and final sales tax software upgrades less $50K savings; Energy Mgmt. Software ($25K); Housing Database software ($40K); HR Performance mgmt. system ($55K)Total Technology1,557,423 1,482,012 (50,509) 2,988,926 - - 2,988,926 - 2,988,926 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 50,000 63,000 113,000 113,000 113,000 2020: Re-appropriate $53K for remaining two payments for PD SQL licensing; $50K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; 2019: Police Department Records Mgmt. system SQL licensing ($91K)Public Safety Equipment58,831 58,831 58,831 58,831 2020: $26K bullet proof vests (8) for Special Ops Unit (SOU); $5.8K replace handheld citation device with in car computer interface; $4.6K for "Stop Stick" tire deflation devices for patrol cars; $22.2K for an unmanned aircraft system (UAS), or drone with thermal detection for use by both police and fire. The cost also covers "pilot" training and maintenanceFire Safety Equipment40,000 2,802 (32,002) 10,800 10,800 10,800 2020: Re-appropriate $2.8K for final equipment dryer bills; Defer Wildland Personal Protection Equipment (PPE) to 2021; Reduce confined space equipment ($15K) to $8K; 2019: Long Range acoustical device ($50K), personal protective equipment dryer ($9K); Thermal Imaging Cameras12,000 5,245 (9,245) 8,000 8,000 8,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriers; Reduce to $8KFire Station Alert System 198,000 (198,000)- - 2020: Fire Station Alerting System to improve response times. This system will work with the Dispatch system and the timing is being coordinated with Eagle River Fire. Defer $198K to 2021Total Public Safety358,831 71,047 (239,247) 190,631 - - 190,631 - 190,631 Community and Guest Service Children's Garden of Learning Facility Relocation-- - 300,000 300,000 Placeholder for design to build a temporary facility for Children's' Garden of LearningEnergy Enhancements-223,847 223,847 223,847 223,847 2020: Electric car charges at various town locations ($73.8K); $150K for electrical infrastructure at the Lionshead Parking structure for 4 car charging stationsPedestrian Safety Enhancements-1,471,769 1,471,769 1,471,769 1,471,769 2020: Continue replacement of 40+ year old overhead lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16); project includes underground electrical enhancements for lightingCivic Area Redevelopment1,000,000 1,000,000 1,000,000 1,000,000 2020: $1M Placeholder to explore outcomes of the Civic Center Master Plan such as feasibility studies / design Underground Utility improvements-496,670 496,670 496,670 496,670 2020: Re-appropriate $302K plus additional $50K for Bighorn Rd and Intermountain projectGuest Services Enhancements/Wayfinding-36,120 36,120 36,120 36,120 2020: Final bills for new street signs and accompanying light poles town-wideRockfall Mitigation near Timber Ridge-42,568 42,568 42,568 42,568 2020: Final Rock fall mitigation near Timber RidgeVehicle Expansion85,000 85,000 (14,300) 70,700 70,700 2020: Reflect savings of $14.3K from the commander vehicle purchases: 2 commander vehicles ($80K); Trailer for event cattle guards ($5K);Total Community and Guest Service1,085,000 2,270,974 -3,355,974 - (14,300) 3,341,674 300,000 3,641,674 Total Expenditures26,896,754 20,125,737 (17,028,472) 29,994,019 122,013 (4,614,300) 25,501,732 300,000 25,801,732 Other Financing Sources (Uses)Transfer from Vail Reinvestment Authority2,550,000 (894,709) 1,655,291 1,655,291 1,655,291 2020: LH landscape improvements ($30.3K), LH place crosswalk ($75K), Lionshead parking structure ($50K), Red Sandstone parking garage reimbursement ($1.5M)Transfer to RETT Fund-(3,000) (3,000) (3,000) (3,000) Use of faculty capital savings for Sunbird park contractTransfer to Housing Fund(2,500,000) (2,500,000) (2,500,000) (2,500,000) Transfer to Housing Fund; 1.5M per year; Revenue Over (Under) Expenditures(10,476,588) (21,103,770) 13,453,472 (18,126,886) (122,013) 2,306,300 (15,942,599) (300,000) (16,242,599) Beginning Fund Balance16,414,88739,215,08239,215,08239,215,082Ending Fund Balance5,938,299 21,088,196 23,272,483 22,972,483 7 Proposed 2020 1st 2020 4th 2020 Budget Supplemental Amended Supplemental Amended Revenue Housing Fee in Lieu Annual Collections - - - - Transfer in from Capital Projects Fund 2,500,000 - 2,500,000 2,500,000 Workforce Housing Sales - 520,000 520,000 874,434 1,394,434 Sale of Chamonix Parcel E to be used toward future housing projects Total Revenue 2,500,000 520,000 3,020,000 874,434 3,894,434 Expenditures InDEED Program 2,500,000 2,797,725 5,297,725 5,297,725 Town of Vail Rental Inventory - 35,125 35,125 35,125 Solar Vail Housing Development - -- - Chamonix unit - 520,000 520,000 520,000 Buy Down Housing - 306,460 306,460 874,434 1,180,894 Total Expenditures 2,500,000 3,659,310 6,159,310 874,434 7,033,744 Operating Income - (3,139,310) (3,139,310) - (3,139,310) Beginning Fund Balance - 3,139,310 3,139,310 Ending Fund Balance -$ -$ -$ -$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HOUSING FUND 8 Proposed COVID Adjustments1stCOVID-19 20202nd COVID-19 2020 COVID-19 20204th2020New Request/Adjustment2020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments Amended Supplemental AmendedRevenueReal Estate Transfer Tax 6,300,000$ 6,300,000$ 6,300,000$ 6,300,000$ 6,300,000$ 2020: flat with 2019 budget and 17.6% decrease from 2018Golf Course Lease168,317 168,317 168,317 168,317 168,317 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue20,000 1,180,000 (700,000) 500,000 500,000 500,000 500,000 2020: Re-appropriate $150K reimbursement from Eagle County and $1M from ERWSD (less $700K for cost savings) for the restabilization of Dowd Junction; Re-appropriate $30K fishing is fun grant; $20K lottery proceeds; Project Reimbursements- 20,000 20,000 20,000 20,000 20,000 2020: Re-appropriate $20K reimbursement for WestHaven stormwater filtration upgrades from Grand HyattDonations- 37,544 37,544 37,544 37,544 37,544 2020: Re-appropriate $37.5K unused donation from East West partners for Ford Park art space; 2019: $169.4K community funding for the Seibert Memorial- See corresponding expenditure below; $50K revenue recognition from East West Partners for Ford Park art space- See corresponding expenditure belowRecreation Amenity Fees10,000 10,000 10,000 10,000 10,000 Earnings on Investments and Other100,849 2,000 102,849 102,849 102,849 102,849 2020: 1.8% rate assumed; $32K bag fee reimbursement for Clean-Up Day and America Recycles DayTotal Revenue6,599,166 1,239,544 (700,000) 7,138,710 - - 7,138,710 - 7,138,710 - 7,138,710 ExpendituresManagement Fee to General Fund (5%)315,000 315,000 315,000 315,000 315,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management298,733 (6,947) 291,786 291,786 291,786 291,786 Operating budget for Wildland Fire crew; 10% operating reduction and 0% merit remainder of the yearTotal Wildland298,733 -(6,947) 291,786 - - 291,786 - 291,786 - 291,786 ParksAnnual Park and Landscape Maintenance1,816,014 (97,689) 1,718,325 4,000 (195,848) 1,526,477 26,000 1,552,477 101,000 1,653,477 Ongoing path, park and open space maintenance, project mgmt.; $26K for entertainment infrastructure at Ford Park Lower Bench; $4,000 for two new e-bikes for the trail host program; Town Trail Host volunteer program ($16,000), “Clean-up after your K-9” media campaign ($2,000), and a planning effort with the USFS to generate long-term solutions ($30,000). 2020 also includes $43K for replacement of 27 year old large flower containers; 10% operating cuts and 0% merit remainder of yearPark / Playground Capital Maintenance125,000 50,108 175,108 175,108 175,108 175,108 2020: $175.1K Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenanceRec. Path Capital Maint140,000 140,000 140,000 140,000 140,000 Capital maintenance of the town's recreation path system; 2020: includes $50K replacement of wood slats on Nature Center/Ford Park bridgeTree Maintenance65,000 65,000 65,000 65,000 65,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement120,000 32,469 152,469 152,469 152,469 15,466 167,935 2020: Re-appropriate $32.5K for summer bike coral in parking structure; 2020 includes contract to assess pedestrian bridge ($15K); Additional 12 space bike racks near Amphitheater restroom/concessions building, school house and fields/concessions ($30K)Covered Bridge Pocket Park Rehabilitation- 82,088 82,088 82,088 82,088 30,000 112,088 2020: Re-appropriate $82.1K to complete Pocket Park rehabilitation; Transfer savings of $30K from Streambank Restoration to completeStephens Park Safety Improvements- 292,306 292,306 161,000 453,306 453,306 453,306 2020: $453.3K for Stephens Park safety improvements; includes a transfer of $161K from East Vail Interchange; Park improvements include access improvements to extended sidewalk, new stairs and other site improvements; playground was built in 1990'sFord Park Improvements & Fields - 54,636 54,636 54,636 54,636 54,636 2020: $54.6K to complete Ford Park landscaping improvementsVail Transit Center Landscape- 107,133 107,133 107,133 107,133 107,133 2020: Completion of landscaping at Vail transit centerSunbird Park Fountain Repairs120,000 3,000 123,000 123,000 123,000 123,000 2020: Repairs to fountain feature; requires excavation to get to leaking pipe; currently unable to run main center fountainFord Park Enhancement: Priority 3 Landscape area75,000 75,000 75,000 75,000 75,000 2020: Landscape playground/basketball berm, softball area, frontage rd. & east berms, below tennis courtsTotal Parks2,461,014 621,740 (97,689) 2,985,065 165,000 (195,848) 2,954,217 26,000 2,980,217 146,466 3,126,683 Rec Paths and TrailsVail Valley Drive Path Extension: Ford Park to Ptarmigan- 375,389 (325,389) 50,000 50,000 50,000 50,000 2020: $50K to strip and design future improvement; $325,389 deferred to 2021Vail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building- 375,389 (325,389) 50,000 50,000 50,000 50,000 2020: $50K to strip and design future improvement; $325,389 deferred to 2021Gore Valley Trail Bridge Replacement- 10,000 10,000 10,000 10,000 10,000 2020: $10K for final design bills for Gore Valley Trail realignmentGore Valley Trail Realignment - 67,182 67,182 200,000 267,182 267,182 267,182 2020: Bring forward 2021 budget for design work; Re-appropriate $67.2K for Gore Valley trail re-alignment designEast Vail Interchange Improvements- 451,284 451,284 (161,000) 290,284 290,284 290,284 2020: $290.3K to continue East Vail interchange project; Transferred $161K to Stephen's Park safety improvements;Dowd Junction repairs and improvements- 2,101,437 (1,400,000) 701,437 701,437 701,437 701,437 2020: Continue Re-stabilization of Dowd Junction path ($2.1M); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC); offset with reimbursement of $150K reimbursement from Eagle County and $300K reimbursement from ERWSD; $1.4M cost reduction identifiedGore Valley Trail Reconstruction (Conoco to Donovan)- 25,000 25,000 25,000 25,000 25,000 2020: $25K to complete Gore Valley Trail Reconstruction between W. Vail Conoco and Donovan Pavilion includes revegetation along West trail near Donovan PavilionNorth Recreation Path- Sun Vail to Pedestrian Bridge- 233,380 233,380 233,380 233,380 233,380 2020: $235K for North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrian Bridge to coincide with the Red Sandstone parking garage projectTotal Rec Paths and Trails- 3,639,061 (2,050,778) 1,588,283 39,000 - 1,627,283 - 1,627,283 - 1,627,283 TOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 9 Proposed COVID Adjustments1stCOVID-19 20202nd COVID-19 2020 COVID-19 20204th2020New Request/Adjustment2020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments Amended Supplemental AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Recreational FacilitiesNature Center Operations90,000 90,000 90,000 90,000 90,000 Nature Center operating costs including $75K Walking Mountains contract and $15K for maintenance and utilitiesNature Center Capital Maintenance145,292 145,292 145,292 145,292 145,292 2020: Wood siding and trim ($9.5K), window replacement ($10.3K), exterior door repairs ($7.6K); steep slope roofing replacement ($27.5K); signage ($17.2K), paths and walkways ($6.9K), timber stairway ($12.2K), shade structure reconstruction ($36.0K)Nature Center Redevelopment- 383,522 383,522 383,522 383,522 383,522 2020: $383.5K for further planning and design for a nature center remodelRecreation Facility Maintenance- 25,000 25,000 25,000 25,000 25,000 $25K for general RETT facility maintenanceGolf Clubhouse & Nordic Center- 33,824 33,824 33,824 33,824 33,824 2020: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetTotal Recreational Facilities235,292 442,346 -677,638 - - 677,638 - 677,638 - 677,638 EnvironmentalEnvironmental Sustainability523,736 (10,334) 513,402 (37,440) 475,962 475,962 475,962 Annual operating expenditures for Environmental department (4 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc. 2020 Energy Coordinator FTE requested; 10% reduction in operating expense and 0% merit impactRecycling and Waste Reduction Programs152,500 73,000 (7,955) 217,545 217,545 217,545 217,545 2020: Re-appropriate $55K for Love Vail website; $10K to continue recycled art project; Reclass $7.5 Recycling Education from energy and transportation to Recycling Programs project code, new request $10K for single haul consultant; 2020: Love Vail website improvement ($30K); ; Annual expenditures: Green Team ($2.5K); Eagle County recycling hauls (reimbursed) $(25K); Zero Hero recycling at events ($25K); Actively Green contract ($40K); Recycling compliance, education, public art and compost pilot ($30K); 10% operating cuts and 0% meritEcosystem Health233,500 44,413 (52,000) 225,913 225,913 225,913 225,913 2020: Re-appropriate $45.9K for NEPA contract for bighorn sheep improvement project (Defer to 2021); Annual wildlife forum ($2.5K) cancelled in 2020; CC4CA Retreat - host community ($3K); Sustainable Destination contract ($30K); Trees for Vail $5K; Strategic Plan completion and phase I rollout ($10K); Biodiversity study as outcome of open lands plan ($50K); Forest Ranger program ($33K); wildlife habitat improvements/NEPA ($100K); 2019: Wildlife habitat program (NEPA study, field work) ($75K); Front Range Program $33K, Trees for Vail $5K, Sustainable Destination Contract $30k, CC4C Retreat $2.5K, Annual Wildlife Forum $2K Energy & Transportation72,500 72,500 72,500 72,500 72,500 2020: E-bike pilot program research ($25K); Annual expenditures: Energy Smart Colorado partnership contract ($40K); Sole Power coordination ($7.5K); Streamtract Education/Mitigation50,000 31,800 81,800 81,800 81,800 81,800 2020: $31.8K for project Re-wild; $50K for ongoing streamtract education programming such as "Lunch with Locals", landscape workshops, City Nature Challenge and storm drain artWater Quality Infrastructure1,000,000 (750,000) 250,000 250,000 250,000 250,000 2019: Continuation of water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore" includes $135K for water mitigation roof runoff grant at PW; 2019-2021 funds to continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore"; Defer $750K to 2021; 2020 project will be design of West Vail water quality Streambank Mitigation400,000 280,782 680,782 680,782 680,782 (30,000) 650,782 2019-2021 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 Fishing is Fun grant ($30K)- See carryforward of grant revenue above Gore Creek Interpretive Signage81,000 71,450 152,450 152,450 152,450 152,450 2020: Re-appropriate $71.5K for Phase I of Gore Greek Interpretive signage (design); 2020: Phase II of Gore Creek Interpretive Signage includes installation of "story stations" and interpretive picnic table tops.PW Solar Project1,100,000 (1,100,000) - - - - 2020: Installation of solar panels at Public Works Shops; Defer to 2021Open Space Land Acquisition250,000 (250,000) - - - - 2020: $250K annual set aside for purchase of open space - defer to 2021Total Environmental3,863,236 501,445 (2,170,289) 2,194,392 - (37,440) 2,156,952 - 2,156,952 (30,000) 2,126,952 ArtPublic Art - Operating130,771 130,771 130,771 130,771 130,771 Art in Public Places programming and operationsPublic Art - General program / art60,000 538,022 (538,022) 60,000 60,000 60,000 60,000 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. Defer carryover amount to 2021 while keeping annual expense intactPublic Art - Winterfest30,000 26,094 56,094 56,094 56,094 56,094 2020: Re-appropriate $24.1K for Winterfest, $2K for damaged ice sculpture reimbursement; Winterfest $30K per yearSeibert Memorial Statue- - - - - 2019: Pete Seibert Memorial statue- See corresponding community reimbursement aboveArt Space- 37,544 37,544 37,544 37,544 37,544 2019: Design phase for Ford Park art space- see corresponding donation from East West aboveTotal Art220,771 601,660 (538,022) 284,409 - - 284,409 - 284,409 - 284,409 ContributionsBetty Ford Alpine Garden Support71,094 71,094 71,094 71,094 71,094 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseEagle River Watershed Support40,000 40,000 40,000 40,000 40,000 Annual support of the Eagle River Watershed Council programs Adopt A Trail5,100 5,100 5,100 5,100 5,100 Adopt A Trail Council Contribution for trails in or bordering the TownTotal Contributions116,194 --116,194 - - 116,194 - 116,194 - 116,194 VRD-Managed Facility ProjectsRecreation Enhancement Account168,317 373,348 541,665 541,665 541,665 541,665 2019: Accumulation of annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($141,604); This amount will not be spent in 2020, but not removing because this account reserve is a term of the lease with VRDGolf Course - Other 494,636 227,873 722,509 722,509 722,509 722,509 2020: Re-appropriate $227K to complete reconstruction of maintenance building, parking and asphalt repairs, and drainage improvements; chain link-netting hybrid safety fence ($230K); complete asphalt repairs ($75K); repair wood trim on maintenance building ($25.8K), privacy fence repairs($2.2K), replace roof ($161.2K);Dobson Ice Arena- 161,023 161,023 161,023 161,023 161,023 2020: Appropriate to complete pavers and roof repairs ($161K)Ford Park / Tennis Center Improvements91,467 72,000 163,467 163,467 163,467 163,467 2020: Re-appropriate $72K for replace gutters ($10.0K), Stain wood siding of concessions ($6.0K) and restrooms ($6.0K), restroom remodel (50K); 2020: Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K)Athletic Fields - 6,000 6,000 6,000 6,000 6,000 2020: Re-appropriate for sealcoat and crack fill in parking lot $6KGymnastics Center- 258,608 258,608 258,608 258,608 258,608 2020: $258.6K for new cooling system10 Proposed COVID Adjustments1stCOVID-19 20202nd COVID-19 2020 COVID-19 20204th2020New Request/Adjustment2020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments Amended Supplemental AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Total VRD-Managed Facility Projects 754,419 1,098,852 -1,853,271 - - 1,853,271 - 1,853,271 - 1,853,271 Total Expenditures8,264,660 6,905,104 (4,863,725) 10,306,039 204,000 (233,288) 10,276,751 26,000 10,302,751 116,466 10,419,217 Other Financing Sources (Uses)Transfer from General Fund- Transfer from Capital Project Fund3,000 3,000 3,000 3,000 3,000 Revenue Over (Under) Expenditures(1,665,494) (5,662,560) 4,163,725 (3,164,329) (204,000) 233,288 (3,135,041) (26,000) (3,161,041) (116,466) (3,277,507) Beginning Fund Balance3,824,95114,684,01314,684,01314,684,01314,684,013Ending Fund Balance2,159,457$ 11,519,684$ 11,548,972$ 11,522,972$11,406,506$ 11 Ordinance No. 10, Series of 2020 ORDINANCE NO. 10 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, MARKETING FUND, CAPITAL PROJECTS FUND, HOUSING FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THE RETO. WHEREAS, contingencies have arisen during the fiscal year 20 20 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinanc e No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the T own Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorad o, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 113,992 Marketing Fund 70,000 Capital Projects Fund 300,000 Housing Fund 874,434 Real Estate Transfer Tax 116,466 Interfund Transfer (70,000) Total $ 1,404,892 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 phras es be declared invalid. Ordinance No. 10, Series of 2020 3. The Town Council hereby finds, determines, and declares that this ordinan ce is necessary and proper for the health, saf ety, 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, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commence d under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby s hall 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of September, 2020, and a public hearing shall be held on this Ordinance on the 15th day of September, 2020, 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: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of September. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 16th day of September, 2020. Witness my hand and seal this 16th day of, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 10, Series of 2020 ORDINANCE NO. 10 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, MARKETING FUND, CAPITAL PROJECTS FUND, HOUSING FUND, DISPATCH SERVICES FUND AND REAL ESTATE TRANSFER TAX FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,106,717 Marketing Fund 70,000 Capital Projects Fund 335,000 Housing Fund 874,434 Dispatch Services Fund 27,425 Real Estate Transfer Tax 116,466 Interfund Transfer (70,000) Total $ 2,460,042 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 Ordinance No. 10, Series of 2020 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, 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of September, 2020, and a public hearing shall be held on this Ordinance on the 15th day of September, 2020, 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: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of September. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of October, 2020. Witness my hand and seal this 7th day of October, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 11 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTION 12-15-2- GRFA REQUIREMENTS BY ZONE DISTRICT: AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 14, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 14, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the c oordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-15-2, Vail Town Code, GRFA Requirements by Zone District, is hereby amended to read as follows: PA Public accommodation 0.80 1.50 of buildable area None 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 effect 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 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 4. 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 6th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 20th day of October, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of October, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 26th day of October, 2020. Witness my hand and seal this 26th day of October, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 11 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTION 12-15-2- GRFA REQUIREMENTS BY ZONE DISTRICT: AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 14, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 14, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the c oordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-15-2, Vail Town Code, GRFA Requirements by Zone District, is hereby amended to read as follows: PA Public accommodation 0.80 1.50 of buildable area None 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 effect 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 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 4. 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 6th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 20th day of October, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of October, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 12, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of October, 2020. Witness my hand and seal this 7th day of October 2020. Stephanie Bibbens Deputy Town Clerk 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX ORDINANCE NO. 12 SERIES 2020 AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF TITLE 4 OF THE VAIL TOWN CODE, RELATING TO CONTRACTOR REGISTRATION, AND ENACTING A NEW SECTION 10-1-14 OF THE VAIL TOWN CODE, RELATING TO THE BOARD OF APPEALS WHEREAS, the current version of Title 4 of Chapter 7 of the Vail Town Code, relating to contractor registration, was originally adopted in 1977 and last updated in 2011; WHEREAS, the Community Development Department is charged with administering the provisions of Title 4 of Chapter 7 of the Vail Town Code; WHEREAS, the Town wishes to update the contractor registration requirements to allow the Building Official to evaluate every contractor proposing to perform construction work in the Town, and only register those persons who have achieved minimum certification; WHEREAS, previously, the Code section establishing the Board of Appeals was included in Chapter 7 of Title 4 of the Vail Town Code, but should be located within Title 10 of the Vail Town Code; and WHEREAS, the Vail Town Council finds it in the best interest of the public health, safety and welfare to adopt these amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 7 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: CHAPTER 7 CONTRACTOR REGISTRATION 4-7-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: BOARD: The Building and Fire Code Appeals Board or Board of Appeals as defined in the International Building Code, as adopted by the Town. BUILDING OFFICIAL: The Building Official as defined in the current version of the Building Code adopted by the Town, or designe e. CONSTRUCTION WORK: Any new construction, additions, repairs, alterations, installations, demolition, removal, conversions, replacements or renovations of any building or structure, or excavation in the Town that requires a permit. 2 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX CONTRACTOR: A person that undertakes or offers to undertake for another construction work, including without limitation a general contractor, plumbing contractor, mechanical contractor, electrical contractor, excavation contractor, demolition contractor, fire protection contractor, roofing contractor or subcontractor. PERMIT: A building permit or other permit authorizing construction work in the Town. 4-7-2: REGISTRATION: A. Every contractor performing construction work in the Town shall be registered under this Chapter prior to undertaking any construction work or applying for a permit. B. A contractor will be considered to be registered under this Chapter if the contractor is employed by a company, corporation or organization in which at least one person also employed by that company, corporation organization is registered. If the sole person registered as a contractor in any company, corporation or organization leaves the employment of that company, corporation or organization, the company, corporation or organization shall register a different employee under this Chapter within 90 days. C. Any contractor holding a current, valid registration as of the date of the ordinance codified in this Chapter shall not be required to comply with this Chapter until the existing registration is required to be renewed. D. The registration of a contractor under this Chapter does not express or imply any level of qualification, competency, or other assessment of the contractor’s ability to perform construction work. 4-7-3: CLASSIFICATION: A. The following classes of contractor registration are available: 1. Type A Contractor (AC). 2. Type B Contractor (BC). 3. Type C Contractor (CC). 4. Electrical Contractor (EC). 5. Fire Alarm Contractor (FAC). 6. Fire Sprinkler Suppression Contractor (FSC). 7. Homeowner Contractor (HC). 3 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX 8. Landscape Contractor (LC). 9. Mechanical Contractor (MC). 10. Plumbing Contractor (PC). 11. Roofing Contractor (RC). 12. Solar Contractor (SC). 13. Waste Hauler (WC). 14. Other Contractor (OC). B. A list of the type of construction work that may be performed by each class of contractor shall be maintained by the Community Development Department. Each contractor shall perform only the type of work so authorized. C. Any person may make an application for registration as a homeowner contractor without a license or certification provided that the construction work is specifically for the dwelling unit solely owned by the applicant, being performed solely by the applicant, and the construction work does not alter or affect the structural integrity, means of egress, electrical systems, or plumbing systems of the unit, building or structure. 4-7-4: APPLICATION AND REGISTRATION: A. Application: Applications for contractor registration shall be completed at www.vail.onlinegovt.com, or a successor location designated by the Town. At a minimum, the application shall include: 1. The business name, name of the principal party/business owner/certification holder; 2. A current mailing address, valid electronic mail address, and valid phone number; 3. The applicable application fee, as set by resolution of the Town Council; 4. Proof of insurance as required by Section 4-7-5; 5. Proof of certification/licensing and training as required by Section 4- 7-6; 6. For Electrical Contractors and Plumbing Contractors, a copy of their license or current license number as provided by the State of Colorado Department of Regulatory Agencies; and 4 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX 7. For Fire Suppression Contractors and Fire Alarm Contractors, a copy of their license or current license number as provided by the State of Colorado Department of Fire Prevention and Control. B. Registration: Upon receipt of a complete application and the applicable fee, the Building Official shall register the contractor. C. Expiration: Each registration shall be valid until April 30 th of the third year following the year of registration. 4-7-5: INSURANCE: A. Each contractor shall always be covered by the following insurance while performing construction work in the Town, at a minimum: 1. Worker's compensation insurance as required by law; 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate, applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. B. Proof of insurance shall be provided to the Town upon each application for registration, and upon request at any other time. 4-7-6: CERTIFICATION AND TRAINING REQUIREMENTS: A. Each registered contractor shall maintain current certification(s). The current certification requirements for each classification of contractor shall be maintained by the Community Development Department. B. Each contractor shall observe the training requirements of the Town. The current training requirements for each classification of contractor shall be maintained by the Community Development Department. C. A Homeowner Contractor shall be exempt from the training and certification requirements of this Section. D. While performing construction work in the Town, all registered contractors shall comply with all applicable laws, ordinances, rules and regulations. 4-7-7: SUSPENSION OR REVOCATION: A. The Building Official may, for unskillfulness, carelessness, willful violation of any lawful directions or orders by the Building Official, or any violation of law , 5 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX order the temporary suspension or permanent revocation of a contractor's registration, following notice and a hearing as provided in this Section. B. Written notice of the hearing shall be given to the contractor at least seven (7) days before the hearing. The notice shall contain a brief statement of the reason for the proposed suspension or revocation. Such notice shall be given either personally or by certified first class U.S. mail to the address on file with the Town. C. At the hearing, the Building Official shall hear and consider such statements and such evidence as deemed relevant to the violation alleged in the notice. The contractor may appear to contest the suspension or revocation of the license. D. Within ten (10) days of the hearing, the Building Official shall issue a written order, including findings of fact. A copy of the order shall be mailed to or served on the contractor at the address on file with the Town. 4-7-8: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. Any person who violates any provision of this Chapter is subject to the penalty set forth in Section 1-4-1 of this Code. B. In addition to any other applicable penalty, if the Building Official determines that a person has undertaken construction work in the Town without a valid registration as required by this Chapter, and such person wishes to continue such construction work, such person shall first register as a contractor under this Chapter, but the application fee shall be twice the amount otherwise due . Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the addition of the following new Section 10 -1-14: 10-1-14: APPEALS: A. Appeal of Building Official Actions: 1. Authority: The Building and Fire Code Appeals Board shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Code. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Code. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official. 6 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Building Official’s decision. Upon the filing of the appeal, the Building Official shall forward all records concerning the subject matter of the appeal to the Board . ii. The appeal shall be considered by the Board at its next regularly scheduled meeting. iii. The Board may affirm, reverse, or modify the action of the Building Official, or schedule a hearing. Failure of the Board to act within fourteen (14) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official. iv. If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of fourteen (14 ) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days. 4. Findings: The Board shall, on all appeals, make findings of fact based on the evidence presented, as to how the requirements of the applicable Code have or have not been met. B. Appeal of Building and Fire Code Appeals Board Actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Board of Appeals. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Board of Appeals. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Board of Appeals. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Board’s decision. Upon the filing of the appeal, the Board shall forward all records concerning the subject matter of the appeal to the Town Council. ii. The Town Council shall hear the appeal at its next regular meeting. iii. The Town Council may confirm, reverse or modify the action of the Board. 7 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX 5. Decision: The Town Council may affirm, reverse or modify the action of the Board. The Town Council shall make findings of fact based the evidence presented. 6. Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4). Section 3. The changes adopted by Section 1 of this Ordinance shall become effective on or after May 1, 2021. The changes adopted by Section 2 of this Ordinance shall become effective on or after November 1, 2020. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall no t 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 5. 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 repeal ed or superseded unless expressly stated herein. Section 6. 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 __________, 2020 and a public hearing for second reading of this Ordinance is set for the ___ day of _____________, 2020, 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 ____________, 2020. 8 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 26th day of October, 2020. Witness my hand and seal this 26th day of October, 2020. Stephanie Bibbens Deputy Town Clerk 10/13/2020 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\CONTRACTOR REGISTRATION\CONTRACTOR REGISTRATION-101320.DOCX ORDINANCE NO. 12 SERIES 2020 AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF TITLE 4 OF THE VAIL TOWN CODE, RELATING TO CONTRACTOR REGISTRATION, AND ENACTING A NEW SECTION 10-1-14 OF THE VAIL TOWN CODE, RELATING TO THE BOARD OF APPEALS WHEREAS, the current version of Title 4 of Chapter 7 of the Vail Town Code, relating to contractor registration, was originally adopted in 1977 and last updated in 2011; WHEREAS, the Community Development Department is charged with administering the provisions of Title 4 of Chapter 7 of the Vail Town Code; WHEREAS, the Town wishes to update the contractor registration requirements to allow the Building Official to evaluate every contractor proposing to perform construction work in the Town, and only register those persons who have achieved minimum certification; WHEREAS, previously, the Code section establishing the Board of Appeals was included in Chapter 7 of Title 4 of the Vail Town Code, but should be located within Title 10 of the Vail Town Code; and WHEREAS, the Vail Town Council finds it in the best interest of the public health, safety and welfare to adopt these amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 7 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: CHAPTER 7 CONTRACTOR REGISTRATION 4-7-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: BOARD: The Building and Fire Code Appeals Board or Board of Appeals as defined in the International Building Code, as adopted by the Town. BUILDING OFFICIAL: The Building Official as defined in the current version of the Building Code adopted by the Town, or designe e. CONSTRUCTION WORK: Any new construction, additions, repairs, alterations, installations, demolition, removal, conversions, replacements or renovations of any building or structure, or excavation in the Town that requires a permit. 2 10/13/2020 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\CONTRACTOR REGISTRATION\CONTRACTOR REGISTRATION-101320.DOCX CONTRACTOR: A person that undertakes or offers to undertake for another construction work, including without limitation a general contractor, plumbing contractor, mechanical contractor, electrical contractor, excavation contractor, demolition contractor, fire protection contractor, roofing contractor or subcontractor. PERMIT: A building permit or other permit authorizing construction work in the Town. 4-7-2: REGISTRATION: A. Every contractor performing construction work in the Town shall be registered under this Chapter prior to undertaking any construction work or applying for a permit. B. A contractor will be considered to be registered under this Chapter if the contractor is employed by a company, corporation or organization in which at least one person also employed by that company, corporation organization is registered. If the sole person registered as a contractor in any company, corporation or organization leaves the employment of that company, corporation or organization, the company, corporation or organization shall register a different employee under this Chapter within 90 days. C. Any contractor holding a current, valid registration as of the date of the ordinance codified in this Chapter shall not be required to comply with this Chapter until the existing registration is required to be renewed. D. The registration of a contractor under this Chapter does not express or imply any level of qualification, competency, or other assessment of the contractor’s ability to perform construction work. 4-7-3: CLASSIFICATION: A. Each contractor shall be classified according to the type of work they perform and shall register under such classification. A list of contractor classification types shall be maintained by the Community Development Department. B. A list of the type of construction work that may be performed by each class of contractor shall be maintained by the Community Development Department. Each contractor shall perform only the type of work so authorized. C. Any person may make an application for registration as a homeowner contractor without a license or certification provided that the construction work is specifically for the dwelling unit solely owned by the applicant, being performed solely by the applicant, and the construction work does not alter or affect the 3 10/13/2020 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\CONTRACTOR REGISTRATION\CONTRACTOR REGISTRATION-101320.DOCX structural integrity, means of egress, electrical systems, or plumbing systems of the unit, building or structure. 4-7-4: APPLICATION AND REGISTRATION: A. Application: Applications for contractor registration shall be completed at www.vail.onlinegovt.com, or a successor location designated by the Town. At a minimum, the application shall include: 1. The business name, name of the principal party/business owner/certification holder; 2. A current mailing address, valid electronic mail address, and valid phone number; 3. The applicable application fee, as set by resolution of the Town Council; 4. Proof of insurance as required by Section 4-7-5; 5. Proof of certification/licensing and training as required by Section 4- 7-6; 6. For Electrical Contractors and Plumbing Contractors, a copy of their license or current license number as provided by the State of Colorado Department of Regulatory Agencies; and 7. For Fire Suppression Contractors and Fire Alarm Contractors, a copy of their license or current license number as provided by the State of Colorado Department of Fire Prevention and Control. B. Registration: Upon receipt of a complete application and the applicable fee, the Building Official shall register the contractor. C. Expiration: Each registration shall be valid until April 30 th of the third year following the year of registration. 4-7-5: INSURANCE: A. Each contractor shall always be covered by the following insurance while performing construction work in the Town, at a minimum: 1. Worker's compensation insurance as required by law; 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate, applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for 4 10/13/2020 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\CONTRACTOR REGISTRATION\CONTRACTOR REGISTRATION-101320.DOCX contractual and employee acts), blanket contractual, products, and completed operations. B. Proof of insurance shall be provided to the Town upon each application for registration, and upon request at any other time. 4-7-6: CERTIFICATION AND TRAINING REQUIREMENTS: A. Each registered contractor shall maintain current certification (s). The current certification requirements for each classification of contractor shall be maintained by the Community Development Department. B. Each contractor shall observe the training requirements of the Town. The current training requirements for each classification of contractor shall be maintained by the Community Development Department. C. A Homeowner Contractor shall be exempt from the training and certification requirements of this Section. D. While performing construction work in the Town, all registered contractors shall comply with all applicable laws, ordinances, rules and regulations. 4-7-7: SUSPENSION OR REVOCATION: A. The Building Official may, for unskillfulness, carelessness, willful violation of any lawful directions or orders by the Building Official, or any violation of law, order the temporary suspension or permanent revocation of a contractor's registration, following notice and a hearing as provided in this Section. B. Written notice of the hearing shall be given to the contractor at least seven (7) days before the hearing. The notice shall contain a brief statement of the reason for the proposed suspension or revocation. Such notice shall be given either personally or by certified first class U.S. mail to the address on file with the Town. C. At the hearing, the Building Official shall hear and consider such statements and such evidence as deemed relevant to the violation alleged in the notice. The contractor may appear to contest the suspension or revocation of the license. D. Within ten (10) days of the hearing, the Building Official shall issue a written order, including findings of fact. A copy of the order shall be mailed to or served on the contractor at the address on file with the Town. 4-7-8: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. Any person who violates any provision of this Chapter is subject to the penalty set forth in Section 1-4-1 of this Code. 5 10/13/2020 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\CONTRACTOR REGISTRATION\CONTRACTOR REGISTRATION-101320.DOCX B. In addition to any other applicable penalty, if the Building Official determines that a person has undertaken construction work in the Town without a valid registration as required by this Chapter, and such person wishes to continue such construction work, such person shall first register as a contractor under this Chapter, but the application fee shall be twice the amount otherwise due . Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the addition of the following new Section 10 -1-14: 10-1-14: APPEALS: A. Appeal of Building Official Actions: 1. Authority: The Building and Fire Code Appeals Board shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Code. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Code. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Building Official’s decision. Upon the filing of the appeal, the Building Official shall forward all records concerning the subject matter of the appeal to the Board . ii. The appeal shall be considered by the Board at its next regularly scheduled meeting. iii. The Board may affirm, reverse, or modify the action of the Building Official, or schedule a hearing. Failure of the Board to act within fourteen (14) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official. iv. If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of fourteen (14) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days. 4. Findings: The Board shall, on all appeals, make findings of fact based on the evidence presented, as to how the requirements of the applicable Code have or have not been met. 6 10/13/2020 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\CONTRACTOR REGISTRATION\CONTRACTOR REGISTRATION-101320.DOCX B. Appeal of Building and Fire Code Appeals Board Actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Board of Appeals. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Board of Appeals. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Board of Appeals. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Board’s decision. Upon the filing of the appeal, the Board shall forward all records concerning the subject matter of the appeal to the Town Council. ii. The Town Council shall hear the appeal at its next regular meeting. iii. The Town Council may confirm, reverse or modify the action of the Board. 5. Decision: The Town Council may affirm, reverse or modify the action of the Board. The Town Council shall make findings of fact based the evidence presented. 6. Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4). Section 3. The changes adopted by Section 1 of this Ordinance shall become effective on or after May 1, 2021. The changes adopted by Section 2 of this Ordinance shall become effective on or after November 1, 2020. Section 4. 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 he reby 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 5. 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 actio n or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision 7 10/13/2020 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\CONTRACTOR REGISTRATION\CONTRACTOR REGISTRATION-101320.DOCX hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 6th day of October, 2020 and a public hearing for second reading of this Ordinance is set for the 20th day of October, 2020, 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 ____________, 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 26th day of October, 2020. Witness my hand and seal this 26th day of October, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 13 SERIES OF 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO REPLACE SECTION 12-6I-8 PARKING AND LOADING, VAIL TOWN CODE, WITH A NEW SECTION, SECTION 12- 6I-8 MOBILITY, TO ADDRESS MOBILITY NEEDS OF RESIDENTS IN THE HOUSING (H) ZONE DISTRICT: AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 28, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 28, 2020 meeting, and has submitted its recommendation to the Town Council; WHERAS, current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well- designed, sustainable site and building plans should not be driven by the need to park vehicles; WHEREAS, the availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-6I-8 Parking and Loading shall be replaced with Section 12-6I-8: Mobility as show below: Section 12-6I-8 Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-6I-8: Mobility Mobility for residences shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. A. Mobility Management Plan A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: 1. Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed. 2. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. 3. A professionally produced parking study, unless a determination is made by the administrator that such study is unnecessary due to the scale and character of the proposal. 4. Existence of any bike or vehicle share/shuttle program. 5. Provide covered/protected/secured bike parking/storage 6. Provisions for guest parking/management 7. Seasonal variations in parking management plan 8. Provisions for off-site vehicle storage B. Review Criteria A Mobility Management Plan shall be reviewed based on the following criteria: 1. Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit. a. Hierarchy of bus routes (aka regional vs local) b. Proximity to job centers c. Proximity to commercial area 2. Adequate off-street parking is demonstrated in consideration of other provided mobility options including vehicle share/shuttle programs. 3. Evaluations of proposed Mobility Management Plans shall utilize the parking requirements found in Section 12-10, Off Street Parking and Loading, when considering appropriate minimum off-street parking. C. Performance Standards After implementation of a Mobility Management Plan, the following performance standards shall be maintained: 1. At no times shall personal vehicles be parked in areas designated for Fire Service or within a dedicated emergency access easement. 2. At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved the Town. 3. A no times shall personal vehicles be parked in the ROW. 4. At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. 5. At no times shall parking extend into required drive aisles. 6. A no times shall storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. 7. Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. D. Reporting Requirement For the first five years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the anniversary of the first issued Certificate of Occupancy. The report shall include the following: 1. Occupancy a. Occupied units b. Number of residents per unit 2. Usage of mobility services 3. Results of survey of residents concerning parking 4. Reports code enforcement/fire/parking complaints 5. Parking utilization study during peak periods (summer and winter) E. Enforcement Policy 1. If the Mobility Management Plan reporting shows violations of the performance standards, the plan shall be remanded to the Planning and Environmental Commission for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved by the Planning and Environmental Commission. 2. If at any time, there is credible evidence that the Mobility Management Plan is not meeting any of the established performance standards, as determined by town staff, the applicant shall be notified in writing and given thirty (30) days to cure the violation. Failure to do so shall result in the Mobility Management Plan being remanded to the Planning and Environmental Commission for further review. 3. Nothing above in (1) and (2) shall preclude the enforcement of parking infractions as municipal code violations. 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 effect 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 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 4. 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 20th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 3rd day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of November, 2020. Witness my hand and seal this 4th day of November, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 13 SERIES OF 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO REPLACE SECTION 12-6I-8 PARKING AND LOADING, VAIL TOWN CODE, WITH A NEW SECTION, SECTION 12- 6I-8 MOBILITY, TO ADDRESS MOBILITY NEEDS OF RESIDENTS IN THE HOUSING (H) ZONE DISTRICT: AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 28, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 28, 2020 meeting, and has submitted its recommendation to the Town Council; WHERAS, current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well- designed, sustainable site and building plans should not be driven by the need to park vehicles; WHEREAS, the availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-6I-8 Parking and Loading shall be replaced with Section 12-6I-8: Mobility as show below: Section 12-6I-8 Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-6I-8: Mobility Mobility for residences shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. A. Mobility Management Plan A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: 1. Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed. 2. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. 3. A professionally produced parking study, unless a determination is made by the administrator that such study is unnecessary due to the scale and character of the proposal. 4. Existence of any bike or vehicle share/shuttle program. 5. Provide covered/protected/secured bike parking/storage 6. Provisions for guest parking/management 7. Seasonal variations in parking management plan 8. Provisions for off-site vehicle storage B. Review Criteria A Mobility Management Plan shall be reviewed based on the following criteria: 1. Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit. a. Hierarchy of bus routes (aka regional vs local) b. Proximity to job centers c. Proximity to commercial area 2. Adequate off-street parking is demonstrated in consideration of other provided mobility options including vehicle share/shuttle programs. 3. Evaluations of proposed Mobility Management Plans shall utilize the parking requirements found in Section 12-10, Off Street Parking and Loading, when considering appropriate minimum off-street parking. C. Performance Standards After implementation of a Mobility Management Plan, the following performance standards shall be maintained: 1. At no times shall personal vehicles be parked in areas designated for Fire Service or within a dedicated emergency access easement. 2. At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved the Town. 3. A no times shall personal vehicles be parked in the ROW. 4. At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. 5. At no times shall parking extend into required drive aisles. 6. A no times shall storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. 7. Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. D. Reporting Requirement For the first five years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the anniversary of the first issued Certificate of Occupancy. The report shall include the following: 1. Occupancy a. Occupied units b. Number of residents per unit 2. Usage of mobility services 3. Results of survey of residents concerning parking 4. Reports code enforcement/fire/parking complaints 5. Parking utilization study during peak periods (summer and winter) E. Enforcement Policy 1. If the Mobility Management Plan reporting shows violations of the performance standards, the plan shall be remanded to the Planning and Environmental Commission for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved by the Planning and Environmental Commission. 2. If at any time, there is credible evidence that the Mobility Management Plan is not meeting any of the established performance standards, as determined by town staff, the applicant shall be notified in writing and given thirty (30) days to cure the violation. Failure to do so shall result in the Mobility Management Plan being remanded to the Planning and Environmental Commission for further review. 3. Nothing above in (1) and (2) shall preclude the enforcement of parking infractions as municipal code violations. 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 effect 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 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 4. 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 20th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 3rd day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 26th day of October, 2020. Witness my hand and seal this 26th day of October, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 14 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADD SECTION 13-14, ADMINISTRATIVE LOT LINE ADJUSTMENT AND ELIMINATION PROCEDURES, VAIL TOWN CODE, TO ADD AN ADMINISTRATIVE PROCEDURE FOR THE ADJUSTMENT OR ELIMINATION OF LOT LINES BETWEEN EXISTING PLATTED LOTS, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 28, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 28, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 13, Subdivision regulations, is hereby amended include a new section, 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, as follows: Chapter 14 ADMINISTRATIVE LOT LINE ADJUSTMENTS AND ELIMINATIONS 13-14-1: PURPOSE AND INTENT: 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: 13-14-5: FILING AND RECORDING: 13-14-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the administrator may approve lot line adjustments and/or eliminations to previously approved plats. This process is intended to allow for the administrative review of adjustments or eliminations of existing lot lines where no "subdivision" occurs and conformance with applicable provisions of this code has been demonstrated. 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: Prior to the submittal of a lot line adjustments and/or elimination requests, the applicant shall meet with the administrator to determine if the request is consistent with the lot line adjustments and/or eliminations criteria outlined in section 13-14- 3 of this chapter. If the administrator determines the subject application would circumvent significant and relevant elements of the subdivision review process and/or is inconsistent with relevant standards of Title 12, Zoning Regulations, the application shall be reviewed pursuant to the "subdivision" or "exemption plat" review processes outlined in this title. 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit the proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the provision that certain requirements may be waived by the administrator if determined to be not applicable to the project. B. Plat Procedure: Upon receiving a complete submittal with payment of applicable fee, the administrator shall route the proposed plat to appropriate town staff and outside agencies. The administrator shall sign the plat if approved, require modifications on the plat for approval, or deny approval due to inconsistencies with the required findings for approval, or failure to make other required modifications. Lot line adjustments and/or eliminations plats must contain a statement accurately describing the purpose of the lot line adjustments and/or eliminations. C. Criteria for Review: A lot line adjustment and/or elimination plat may be approved upon the findings that: 1. The lot line adjustment and/or elimination plat is in accordance with all applicable town ordinances, standards, and the original conditions of plat approval; 2. Nonconformities are not created. In the case of preexisting nonconforming lots, the nonconformity is not increased with the approval of the lot line adjustments and/or eliminations plat; 3. The approval will not adversely affect the public health, safety, and welfare; 4. Provisions for adequate access and infrastructure have been demonstrated by the applicant and are indicated on the proposed lot line adjustments and/or eliminations plat. 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: The administrator's decision may be appealed to the planning and environmental commission and such appeal shall follow procedures set forth in section 12-3-3 of this code. 13-14-5: FILING AND RECORDING: The department of community development or applicant will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the town with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such property(s), for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. A lot line adjustments and/or eliminations plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of subsection 13-3-5C of this title. 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 effect 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 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 4. 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 20th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 3rd day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of November, 2020. Witness my hand and seal this 4th day of November, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 14 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADD SECTION 13-14, ADMINISTRATIVE LOT LINE ADJUSTMENT AND ELIMINATION PROCEDURES, VAIL TOWN CODE, TO ADD AN ADMINISTRATIVE PROCEDURE FOR THE ADJUSTMENT OR ELIMINATION OF LOT LINES BETWEEN EXISTING PLATTED LOTS, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 28, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 28, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 13, Subdivision regulations, is hereby amended include a new section, 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, as follows: Chapter 14 ADMINISTRATIVE LOT LINE ADJUSTMENTS AND ELIMINATIONS 13-14-1: PURPOSE AND INTENT: 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: 13-14-5: FILING AND RECORDING: 13-14-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the administrator may approve lot line adjustments and/or eliminations to previously approved plats. This process is intended to allow for the administrative review of adjustments or eliminations of existing lot lines where no "subdivision" occurs and conformance with applicable provisions of this code has been demonstrated. 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: Prior to the submittal of a lot line adjustments and/or elimination requests, the applicant shall meet with the administrator to determine if the request is consistent with the lot line adjustments and/or eliminations criteria outlined in section 13-14- 3 of this chapter. If the administrator determines the subject application would circumvent significant and relevant elements of the subdivision review process and/or is inconsistent with relevant standards of Title 12, Zoning Regulations, the application shall be reviewed pursuant to the "subdivision" or "exemption plat" review processes outlined in this title. 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit the proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the provision that certain requirements may be waived by the administrator if determined to be not applicable to the project. B. Plat Procedure: Upon receiving a complete submittal with payment of applicable fee, the administrator shall route the proposed plat to appropriate town staff and outside agencies. The administrator shall sign the plat if approved, require modifications on the plat for approval, or deny approval due to inconsistencies with the required findings for approval, or failure to make other required modifications. Lot line adjustments and/or eliminations plats must contain a statement accurately describing the purpose of the lot line adjustments and/or eliminations. C. Criteria for Review: A lot line adjustment and/or elimination plat may be approved upon the findings that: 1. The lot line adjustment and/or elimination plat is in accordance with all applicable town ordinances, standards, and the original conditions of plat approval; 2. Nonconformities are not created. In the case of preexisting nonconforming lots, the nonconformity is not increased with the approval of the lot line adjustments and/or eliminations plat; 3. The approval will not adversely affect the public health, safety, and welfare; 4. Provisions for adequate access and infrastructure have been demonstrated by the applicant and are indicated on the proposed lot line adjustments and/or eliminations plat. 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: The administrator's decision may be appealed to the planning and environmental commission and such appeal shall follow procedures set forth in section 12-3-3 of this code. 13-14-5: FILING AND RECORDING: The department of community development or applicant will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the town with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such property(s), for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. A lot line adjustments and/or eliminations plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of subsection 13-3-5C of this title. 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 effect 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 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 4. 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 20th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 3rd day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of November, 2020. Witness my hand and seal this 4th day of November, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 16 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO AMEND THE USE SPECIFIC CRITERIA FOR FUNICULARS AND OTHER SIMILAR CONVEYANCES, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on October 12, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its October 12, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12-16-7(A)11, Funiculars and other similar conveyances, is hereby amended to read as follows: 11. Funiculars and other similar conveyances: a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. b. Funiculars and other similar conveyances shall only be allowed when significant site constraints prevent conventional means of vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Significant site constraints" shall be defined as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difficulties in the site planning and development of the lot. c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened. 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 effect 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 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 4. 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 3rd day of November, 2020, and a public hearing for second reading of this Ordinance set for the 17th day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of November, 2020. Witness my hand and seal this 18th day of November, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 16 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO AMEND THE USE SPECIFIC CRITERIA FOR FUNICULARS AND OTHER SIMILAR CONVEYANCES, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on October 12, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its October 12, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12-16-7(A)11, Funiculars and other similar conveyances, is hereby amended to read as follows: 11. Funiculars and other similar conveyances: a. Funiculars and other similar conveyances shall only be allowed when designed for the purpose of providing pedestrian access to a residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. b. Funiculars and other similar conveyances shall only be allowed when significant site constraints prevent conventional means of vehicular access to the residential dwelling, an accessory structure, or recreation facility/structure, as determined by the planning and environmental commission. "Significant site constraints" shall be defined as natural features such as mature trees, natural drainages, stream courses, and other natural water features, rock outcroppings, wetlands, excessive slopes, other natural features, and existing structures that may create practical difficulties in the site planning and development of the lot. c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site upon which they are located and the residential dwelling to which they provide access, as determined by the planning and environmental commission. d. Funiculars and other similar conveyances shall only be allowed when designed to be appropriately screened. 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 effect 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 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 4. 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 3rd day of November, 2020, and a public hearing for second reading of this Ordinance set for the 17th day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of November, 2020. Witness my hand and seal this 20th day of November 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 17, Series of 2020 ORDINANCE NO. 17 SERIES OF 2020 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2021 THROUGH DECEMBER 31, 2021 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2021 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2021, and ending on the 31st day of December, 2021: FUND AMOUNT General Fund $42,224,023 Capital Projects Fund 43,016,608 Real Estate Transfer Tax Fund 9,879,064 Housing Fund 2,500,000 Vail Marketing Fund 1,826,934 Heavy Equipment Fund 3,914,260 Debt Service Fund 1,200,000 Dispatch Services Fund 2,826,886 Health Insurance Fund 6,070,923 Timber Ridge Enterprise Fund 2,873,832 Total 116,332,530 Less Interfund Transfers (16,868,770) Net Expenditure Budget 99,463,760 Ordinance No. 17, Series of 2020 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2021 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. 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. 5. 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. 6. 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, 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. 7. 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, this 17th day of November, 2020. A public hearing shall be held hereon on the 1st day of December, 2020, at 6:00 pm 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: __________________________ Scott Robson, Town Manager PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 07th day of December, 2020. Witness my hand and seal this 07th day of November, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 17, Series of 2020 ORDINANCE NO. 17 SERIES OF 2020 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2021 THROUGH DECEMBER 31, 2021 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2021 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2021, and ending on the 31st day of December, 2021: FUND AMOUNT General Fund $42,696,023 Capital Projects Fund 42,195,608 Real Estate Transfer Tax Fund 9,879,064 Housing Fund 2,500,000 Vail Marketing Fund 1,826,934 Heavy Equipment Fund 3,914,260 Debt Service Fund 1,200,000 Dispatch Services Fund 3,087,799 Health Insurance Fund 6,070,923 Timber Ridge Enterprise Fund 2,873,832 Total 116,244,443 Less Interfund Transfers (16,868,770) Net Expenditure Budget 99,375,673 Ordinance No. 17, Series of 2020 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2021 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. 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. 5. 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. 6. 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, 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. 7. 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, this 17th day of November, 2020. A public hearing shall be held hereon on the 1st day of December, 2020, at 6:00 pm 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: __________________________ Scott Robson, Town Manager Ordinance No. 17, Series of 2020 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1st day of December. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of November, 2020. Witness my hand and seal this 20th day of November 2020. Stephanie Bibbens Deputy Town Clerk Ordinance 18, Series of 2020 ORDINANCE NO. 18 SERIES OF 2020 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2020 TAX YEAR AND PAYABLE IN THE 2021 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 2020 year and payable in the 2021 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 2021 fiscal year, the Town Council hereby levies a property tax of 4.701 mills upon each dollar of the total assessed valuation of $1,215,774,820 for the 2020 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,715,358 calculated as follows: Base mill levy 4.690 $5,701,984 Abatement levy .011 _ 13,374 Total mill levy 4.701 $5,715,358 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 18, Series of 2020 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 IN FULL, this 17th day of November, 2020. A public hearing shall be held hereon at 6 P.M. on the 1st day of December, 2020, 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: ________________________________ Scott Robson, Town Manager PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 07th day of December, 2020. Witness my hand and seal this 07th day of November, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance 18, Series of 2020 ORDINANCE NO. 18 SERIES OF 2020 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2020 TAX YEAR AND PAYABLE IN THE 2021 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 2020 year and payable in the 2021 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 2021 fiscal year, the Town Council hereby levies a property tax of 4.701 mills upon each dollar of the total assessed valuation of $1,209,987,440 for the 2020 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,688,151 calculated as follows: Base mill levy 4.690 $5,674,841 Abatement levy .011 _ 13,310 Total mill levy 4.701 $5,688,151 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 18, Series of 2020 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 IN FULL, this 17th day of November, 2020. A public hearing shall be held hereon at 6 P.M. on the 1st day of December, 2020, 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: ________________________________ Scott Robson, Town Manager READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1st day of December 2020. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of November, 2020. Witness my hand and seal this 18th day of November 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 19, Series of 2020 ORDINANCE NO. 19 SERIES 2020 AN EMERGENCY ORDINANCE REQUIRING FACE COVERINGS IN THE TOWN OF VAIL WHEREAS, on March 10, 2020, the Governor of the State of Colorado recognized the COVID-19 pandemic and declared a state of emergency; WHEREAS, on March 13, 2020, the Town Manager declared a disaster emergency in and for the Town of Vail, Colorado, pursuant to the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), and Section 13.5 of the Town's Home Rule Charter, which declaration was thereafter continued by the Town Council; WHEREAS, the emergency conditions caused by the COVID-19 pandemic, as defined by C.R.S. § 24-33.5-702 and the Home Rule Charter, persist and require additional and sustained action by the Town; WHEREAS, pursuant to State and Local Public Health Orders, businesses have been allowed to open to the public under strict guidelines for the health and safety of the public; WHEREAS, the Centers for Disease Control and Prevention recommends wearing face coverings in public settings to prevent the spread of COVID-19; WHEREAS, on November 3, 2020, Eagle County issued a Standing Public Health Order adopting Colorado’s Statewide Covid-19 Dial Dashboard, requiring all individuals over the age of 2 years to wear face coverings when entering and inside any place of business, event, or public indoor environment; WHEREAS, in addition, Colorado’s Statewide Public Health Order and Eagle County’s Public Health Order both recommend the wearing of face coverings in outdoor public spaces in which 6 feet of physical distance from non-household members cannot be maintained over a period of 15 minutes or longer; WHEREAS, the failure of individuals and businesses to comply with public health guidelines can jeopardize the health of the community as a whole and could require the reinstatement of stay at home orders and the re-closing of all businesses leading to devastating economic impacts; WHEREAS, on November 4, 2020, the Town Manager enacted an emergency order requiring face coverings in the Town; and WHEREAS, requiring face coverings and establishing a Mandatory Face Covering Area in which face coverings shall be mandated at all times in all public indoor and outdoor places, as defined herein, is in the best interest of the public health, safety and welfare. Ordinance No. 19, Series of 2020 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Definitions. As used in this Ordinance, the following terms shall have the following meanings: Face Covering means a uniform piece of material that securely covers a person’s nose and mouth and remains affixed in place without the use of one’s hands. Mandatory Face Covering Area means any outdoor public place located within the boundaries of that zone depicted on the map attached hereto and incorporated herein by this reference, which map may be amended by the Town Manager. Outdoor Public Place means an outdoor area to which the public or a substantial number of the public has access, including without limitation a street, sidewalk, public alley, public parking lot, park, playground, and common areas of public and private buildings and facilities. Section 2. Face Covering Required. Except as provided in Section 3, below, every person shall wear a Face Covering in the: A. When entering and while inside of a place of business open to the public; B. While in an Outdoor Public Place in the Mandatory Face Covering Area; and C. In such other public indoor or outdoor places outside of the Mandatory Face Covering Area where such person is unable to maintain safe social distancing (6 feet or more of separation) from others not of the person’s own household. Section 3. Exceptions. Nothing in this order shall be interpreted or construed to require the wearing of Face Coverings by the following persons: A. Persons 2 years of age or younger; B. Persons for whom a face covering would cause impairment due to an existing health condition; C. Persons working in a professional office who do not have any face-to-face interactions with the public; D. Public safety personnel while in the performance of their duties; E. Persons while eating or drinking; and F. Performers as long as 25 feet of distance from spectators is maintained. Ordinance No. 19, Series of 2020 Section 4. Businesses. Requirements for businesses open to the public: A. No business open to the public shall permit any individual not wearing a face covering to enter or remain in the business unless that individual is excepted from wearing a face covering pursuant to Section 3 hereof. Businesses that choose to offer masks to customers prior to entering must provide new, clean and unworn masks. B. Restaurants may allow an individual to remove their face coverings once the individual is seated at a table for dining. The individual must wear the face covering any time they are not seated at their table. C. Any business open to the public that permits an individual to enter or remain in the business without a required face covering is subject to the suspension or revocation of its business or liquor license pursuant to Section 4-1-7 of the Vail Town Code, as well as the penalties contained in Section 5 of this ordinance. Section 5. Penalties. Violations of this ordinance shall be punishable as follows: a fine of $50 for the first offense; a fine of $250 for the second offense; and for any subsequent offense, a mandatory court appearance subject to the penalties set forth in Section 1-4-1 of the Vail Town Code, including a fine of up to a $2,650, incarceration not to exceed 180 days, or both. Section 6. Enforcement. The members of the Town's Police Department, code enforcement, and such other law enforcement and peace officers as may be authorized by the Town Manager are hereby authorized and directed to enforce the orders, rules, and regulations made or issues pursuant to this ordinance. Section 7. Severability. 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 8. Repealer. 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. Section 9. Emergency. Pursuant to § 4.11 of the Vail Town Charter, the Town Council hereby finds and declares that this ordinance is necessary for the immediate preservation of the public health, safety and welfare, to prevent the spread of COVID-19 and to ameliorate the negative effects of the COVID-19 pandemic on businesses in the Town. Section 10. Effective Date. This ordinance shall be effective immediately upon adoption. Ordinance No. 19, Series of 2020 INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 17th day of November 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th day of November, 2020. Witness my hand and seal this 19th day of November, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 20, Series of 2020 ORDINANCE NO. 20 SERIES 2020 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 5 OF THE VAIL TOWN CODE TO INCREASE THE AGE TO PURCHASE, POSSESS, CONSUME OR USE A TOBACCO OR NICOTINE PRODUCT WHEREAS, in 2020, the Colorado General Assembly enacted House Bill 20-1001, which increases the age to purchase, possess, consume, or use tobacco or nicotine products from 18 years to 21 years; and WHEREAS, the Town is required to similarly increase the age to purchase, possess, consume, or use tobacco or nicotine products in Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The definition of "Minor" in Section 5-4-1 of the Vail Town Code is hereby amended as follows: 5-4-1 DEFINITIONS. MINOR: A person under eighteen (18) twenty-one (21) years of age. Section 2. Section 5-4-5 of the Vail Town Code is hereby amended as follows: 5-4-5 MINORS. * * * E. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) twenty-one (21) years of age or older. Section 3. 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 4. 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. 2 11/13/2020 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\ORDINANCE NO. 20 SERIES OF 2020.DOCX The amendment of any provision hereby shall not revive any provision or 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 17th day of November, 2020 and a public hearing for second reading of this Ordinance is set for the 1st day of December, 2020, 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 1st day of December, 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2020, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 07th day of December, 2020. Witness my hand and seal this 07th day of December, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 20, Series of 2020 ORDINANCE NO. 20 SERIES 2020 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 5 OF THE VAIL TOWN CODE TO INCREASE THE AGE TO PURCHASE, POSSESS, CONSUME OR USE A TOBACCO OR NICOTINE PRODUCT WHEREAS, in 2020, the Colorado General Assembly enacted House Bill 20-1001, which increases the age to purchase, possess, consume, or use tobacco or nicotine products from 18 years to 21 years; and WHEREAS, the Town is required to similarly increase the age to purchase, possess, consume, or use tobacco or nicotine products in Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The definition of "Minor" in Section 5-4-1 of the Vail Town Code is hereby amended as follows: 5-4-1 DEFINITIONS. MINOR: A person under eighteen (18) twenty-one (21) years of age. Section 2. Section 5-4-5 of the Vail Town Code is hereby amended as follows: 5-4-5 MINORS. * * * E. It is an affirmative defense to a prosecution under this Section that the person furnishing the tobacco product or nicotine product was presented with and reasonably relied upon a document which identified the minor receiving the tobacco product or nicotine product as being eighteen (18) twenty-one (21) years of age or older. Section 3. 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 4. 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. 2 11/13/2020 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\ORDINANCE NO. 20 SERIES OF 2020.DOCX The amendment of any provision hereby shall not revive any provision or 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 17th day of November, 2020 and a public hearing for second reading of this Ordinance is set for the 1st day of December, 2020, 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 1st day of December, 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2020, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 07th day of December, 2020. Witness my hand and seal this 07th day of November, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 21, Series of 2020 ORDINANCE NO. 21 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND AND DISPATCH SERVICES FUND, OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (427,141) Capital Projects Fund 1,432,252 Real Estate Transfer Tax Fund 139,164 Housing Fund 76,053 Dispatch Services Fund 37,182 Interfund Transfers (122,348) Total $ 1,135,162 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. Ordinance No. 21, Series of 2020 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, 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of December, 2020, and a public hearing shall be held on this Ordinance on the 15th day of December, 2020, 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: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of December. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of December, 2020. Witness my hand and seal this 17th day of December, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 21, Series of 2020 ORDINANCE NO. 21 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENER AL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND AND DISPATCH SERVICES FUND, OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAI D ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, n ot otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (427,141) Capital Projects Fund 1,432,252 Real Estate Transfer Tax Fun d 139,164 Housing Fund 76,053 Dispatch Services Fund 37,182 Interfund Transfers (122,348) Total $ 1,135,162 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. Ordinance No. 21, Series of 2020 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, 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of December, 2020, and a public hearing shall be held on this Ordinance on the 15th day of December, 2020, 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: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of December. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Tow n Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2020, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of December, 2020. Witness my hand and seal this 17th day of December, 2020. Stephanie Bibbens Deputy Town Clerk Ordinance No. 21, Series of 2020 ORDINANCE NO. 21 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENER AL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND AND DISPATCH SERVICES FUND, OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAI D ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, n ot otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (427,141) Capital Projects Fund 1,432,252 Real Estate Transfer Tax Fun d 139,164 Housing Fund 76,053 Dispatch Services Fund 37,182 Interfund Transfers (122,348) Total $ 1,135,162 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. Ordinance No. 21, Series of 2020 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, 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of December, 2020, and a public hearing shall be held on this Ordinance on the 15th day of December, 2020, 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: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of December. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Tow n Clerk