HomeMy WebLinkAbout2023-08-01 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.)
1.1 Citizen Participation
2.Any action as a result of executive session
3.Consent Agenda (5 min.)
3.1 Resolution No. 28, Series of 2023, A Resolution Approving
the Purchase of Residential Property
Approve Resolution No. 28, Series of 2023,to authorize the
Town Manager to enter into an agreement, approved by the
Town Attorney, to purchase Pitkin Creek Condominium, Unit
14-A, 4081 Bighorn Road, Vail, Colorado in the amount of, and
not to exceed, $775,000, plus closing costs.
Background: The ability of housing for its employees remains
an ongoing need for the Town of Vail municipal government.
As the fourth largest employer in Vail, the Town of Vail too is
challenged by the need for housing for its workforce. As the
FTE count for the Town grows so does it's need to support
housing for the employees. Over the years the Town has taken
a wide range of approaches to addressing its employee
housing needs, including "buying down" homes for purchase
by Town of Vail employees. Availability of adequate housing
remains a primary barrier to acceptance of employment offers
for the Town of Vail.
3.2 Contract Award to Umbrella Roofing for the Roof
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually via Zoom
Zoom meeting link:
https://us02web.zoom.us/webinar/register/WN_MoergwN_QfSAmawmFNPESw
6:00 PM, August 1, 2023
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding
town services, policies or other matters of community concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
Citizen Participation.pdf
Resolution No 28 Series of 2023 for Residential Propety Purchase.doc
4081 Bighorn Road Unit 14A 07262023.pdf
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Replacement of 5137 Black Gore Drive
Authorize the Town Manager to enter into an agreement with
Umbrella Roofing in a form approved by the Town Attorney, in
the amount of, and not to exceed $81,250.
Background: The town purchased this home in the fall of 2021.
It’s eight bedrooms are being used as employee housing. The
home was constructed in 1973. The last roof replacement
appears to have been over 30 years ago. The home is in
desperate need of replacing the existing shake shingle roof
with a new roof. The building has experienced severe ice
damming and leaks over the last two winters with considerable
expense to correct.
4.Town Manager Report (10 min.)
4.1 Town Manager Report
4.2 Council Matters and Status Report
4.3 Vail Town Council Priority Goals for 2023
5.Action Items
5.1 Ordinance No. 14, Series of 2023, First Reading, an
Ordinance of the Town Council of the Town of Vail,
Colorado Repealing and Reenacting Section 1-5-8 of the
Vail Town Code, Regarding Compensation for the Mayor
and Town Council Members
15 min.
Approve, approve with amendments, or deny Ordinance No.
14, Series of 2023 upon first reading.
Presenter(s): Krista Miller, Director of Human Resources and
Risk Management
Background: The Town Council reviewed comparable
community elected council compensation and requested an
update to Council Compensation with the intent of encouraging
demographic diversity of future councils and streamlining the
process for adjustments to these compensation rates.
5.2 Ordinance No. 15, Series 2023, First Reading, An
Ordinance Repealing and Reenacting Section 7-3B-8 of
the Vail Town Code, Regarding the Regulation of Boots on
Motor Vehicles
15 min.
Approve, approve with amendments, or deny Ordinance No.
15, Series 2023 upon first reading.
Presenter(s): Chief Ryan Kenney, Vail Police Department
Background: Staff is asking Council to approve changes to the
Town's booting ordinance. The requested changes will bring
Roof Replacement 5137 Black Gore Drive.docx
Town_Manager_Update__080123_mg.docx
230801 Matters.docx
Priority Vail Town Council Goals for 2023.docx
CouncilMemo_2023-08-01_Council_Compensation_Ordinance (1).docx
Council_Compensation_Ordinance-O070623.docx
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the Town of Vail in line with PUC regulations.
5.3 Ordinance No. 16, Series of 2023, First Reading, An
Ordinance Amending Title 12 of the Vail Town Code to
Clarify the Requirements for the Issuance of a Building
Permit
10 min.
Approve, approve with amendments, or deny Ordinance No.
16, Series of 2023 upon first reading.
Presenter(s): Matt Mire, Town Attorney
Background: The applicant, Town of Vail, is proposing to
amend Section 12-3-9 Compliance; Violations; Penalties. This
update was recommended by the Town’s legal department
and is intended to clarify the requirements for issuance of a
building permit. The amendment will update a section of the
code which has not seen significant updates in recent years
and will bring the code into greater alignment with similar
communities.
6.Public Hearings
6.1 Ordinance No. 13, Series 2023, Second Reading, an
Ordinance of the Town Council of the Town of Vail,
Colorado Amending Chapter 2 of Title 4 of the Vail Town
Code, Regarding Alcoholic Beverages and the Local
Licensing Authority
5 min.
Approve, approve with amendments, or deny Ordinance No.
13, Series 2023 upon second reading.
Presenter(s): Matt Mire, Town Attorney
Background: At the direction of Council, staff is bringing
forward a modification to the Town Code regarding the Local
Licensing Authority.
7.Adjournment 7:10pm (estimate)
councimemobooting.docx
Bootingordinance.docx
Ordinance No. 16, Series 2023 Staff Memorandum.pdf
Attachment A. Ordinance No. 16, Series of 2023 -O072123.pdf
Attachment B. PEC23-0009 Memo 7-10-23.pdf
Attachment C. PEC Minutes 7-10-23.pdf
LLA-O070623.docx
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 1.1
Item Cover Page
DATE:August 1, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Citizen Participation.pdf
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From:Kim Newbury Rediker
To:PublicInputTownCouncil
Subject:Sales Tax Exemption for Diapers and Feminine Products
Date:Tuesday, August 1, 2023 9:27:52 AM
Hi Town Council Members,
I saw this article today in the Colorado Sun Few cities have followed Colorado's sales tax exemption for period
products, diapers (coloradosun.com) and wonder if the Town of Vail has discussed the exemption of diapers and
menstrual products from Town tax? If not, would you consider it? Thank you!
All the best,
Kim Rediker
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From:Sarah Martin
To:PublicInputTownCouncil
Subject:Speed Bumps in Lionshead Parking Structure
Date:Monday, July 31, 2023 12:07:39 PM
Hi there,
I am inquiring about the recently added speed bumps that were placed in the
Lionshead parking structure. I assume they are for safety reasons, but am wondering
why there are suddenly so many, and spaced so close together? Seems like a really
aggressive placement to have 4 within 10 yards of each other in some places. Are
there any other avenues that can be explored to increase safety in parking structures,
maybe a combination of enhanced lighting and speed bumps, blinking pedestrian
signs, etc. instead of an obscene amount of speed bumps only? Are speed bumps of
this quantity also going to be placed in all levels of the Vail Village parking structure
as well? I would hope so if we are concerned with safety.
Thank you for your time,
-Sarah Latham
West Vail Resident
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From:Pfeiler, Billy
To:Council Dist List
Subject:Affordable Housing and Why Commuting to Vail is a Fail
Date:Tuesday, August 1, 2023 12:52:02 PM
Dear Councilmembers,
Since I lauded with you at the introduction of my last email this one is beginning without
the pomp and circumstance.
There is a vision I would like to share with you and Vail resorts if a partnership is not reached
regarding affordable housing east of Dowds Junction and West of Vail pass.
The valley will become a commuter valley with most who keep the town and the resort running
needing to commute long distances on roads that are not reliably open.
While many of us celebrate a closure of Vail pass west bound in the winter since it keeps skier traffic
down imagine another scenario.
The scenario is that Vail becomes a commuter town that the workers cannot live in. Dowds Junction
becomes even more congested with even more accidents.
Fast forward into the future and into the winter. Any Dowds Junction closure will prevent a
significant portion of the working population from being able to make it to work.
Then what happens? The ski area does not get patrolled. Lifts do not open. Restaurants are not able
to serve customers. Town functions are hobbled.
The deed restricted solution no longer works because the only people who can afford those units
are double income no kid physicians. We need rental units that are price controlled and
units for sale that are price controlled. I know you know the latter and mainly wanted to paint a
picture of why the commuter approach that has somewhat worked for Aspen will not work here.
Dowds Junction is a choke point to our community. We do not have a flat mostly straight route to
our town from any direction.
Thank you!
Billy Pfeiler
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:August 1, 2023
SUBMITTED BY:George Ruther, Housing
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 28, Series of 2023, A Resolution Approving the
Purchase of Residential Property
SUGGESTED ACTION:Approve Resolution No. 28, Series of 2023,to authorize the Town
Manager to enter into an agreement, approved by the Town Attorney,
to purchase Pitkin Creek Condominium, Unit 14-A, 4081 Bighorn
Road, Vail, Colorado in the amount of, and not to exceed, $775,000,
plus closing costs.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No 28 Series of 2023 for Residential Propety Purchase.doc
4081 Bighorn Road Unit 14A 07262023.pdf
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RESOLUTION NO. 28
SERIES OF 2023
A RESOLUTION APPROVING THE PURCHASE OF RESIDENTIAL PROPERTY
WHEREAS, (“Owner”) is the owner of certain residential property located in Vail,
Colorado (the “Property”); and
WHEREAS, the Town wishes to purchase the Property from Owner, and Owner
wishes to sell the Property to the Town, pursuant to the terms of the Contract to Buy and
Sell Real Estate, attached hereto as Exhibit A and incorporated herein by this reference
(the “Contract”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby approves the Contract in substantially the
same form attached hereto as Exhibit A and in a form approved by the Town Attorney,
authorizes the appropriation of the funds necessary to complete the purchase of the
Property and authorizes the Town Manager to execute the Contract on behalf of theTown.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 1
st day of August, 2023.
________________________________
Kimberly Langmaid, Mayor
ATTEST:
_________________________________
Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 3.2
Item Cover Page
DATE:August 1, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contract Award to Umbrella Roofing for the Roof Replacement of
5137 Black Gore Drive
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement with
Umbrella Roofing in a form approved by the Town Attorney, in the
amount of, and not to exceed $81,250.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Roof Replacement 5137 Black Gore Drive.docx
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TO:Vail Town Council
FROM:Public Works Department
DATE:August 1, 2023
SUBJECT: Roof replacement Contract Award 5137 Black Gore Drive Repair
I.SUMMARY
The purpose of this memorandum is to award a contract to Umbrella Roofing for Roof
replacement Contract Award 5137 Black Gore Drive.
II.BACKGROUND
The town purchased this home in the fall 0f 2021. It’s eight bedrooms are being used as
employee housing. The home was constructed in 1973. The last roof replacement
appears to have been over 30 years ago. The home is in desperate need of replacing
the existing shake shingle roof with a new roof. We have experienced severe ice
damming and leaks over the last two winters with considerable expense to correct.
The replacement scope of work entails demolition of the existing roof, application of
membrane underlayment on the entire roof surface and installation of new 50 yr.
asphaltic composite shingle.
There was only one company able to complete the work in 2023. That is Umbrella
roofing at a cost of $81,250.00
The work will be completed during the summer of 2023.
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Umbrella Roofing in a
form approved by the Town Attorney, in the amount of, and not to exceed $81,250.00
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:August 1, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Town Manager Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Town_Manager_Update__080123_mg.docx
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TownManagersUpdate
August 1, 2023
1. Civic Area Plan
After staff conferred with the council representatives on the Civic Area Plan/Project, we agreed to solicit interest
from the community to fill out a 7-person committee for this project. The Planning Commission picked a
representative, who is Bobby Lipnick, which means the Town would be soliciting interest in filling 4 other seats on
this committee.
2. Other Updates
The Town Manger may also haveotherupdates to providethe Town Councilto ensure timely communication.
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AGENDA ITEM NO. 4.2
Item Cover Page
DATE:August 1, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Council Matters and Status Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
230801 Matters.docx
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COUNCIL MATTERS
Status Report
Report for August 1, 2023
Damage to southeast section of Sandstone Underpass: Sandstone Underpass
pedestrian railing is in process of being refabricated, with installation in August.
Council requested information on the upcoming winter parking plan and bus
ridership numbers: Both of these items will be presented in future Council
meetings; the Parking Task Force’s latest meeting was held on July 21st ,which will
inform recommendations for the winter parking program.
Social Media Listening
Once again Vail’s beautiful summer weather, activities and events took center stage in the vast majority
of social media posts. Unfortunately,one of the most engaged posts of the two weeks reflected in this
report came from the “I70 things”accounts on Instagram, featuring one of the Dowd Junction closures
that snarled frontage roads:
https://share.sproutsocial.com/view/cbf94573-ff15-47b6-b945-73ff1557b60d
In the News______________________________________________________
July 13
Water Leak
https://www.vaildaily.com/news/crews-respond-to-water-leak-in-vail-that-closes-roads-but-hasnt-
affected-water-service/
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Town Council Candidate Session
https://www.realvail.com/town-of-vail-to-host-informational-session-for-potential-town-council-
candidate-on-july-20/a16644/
Short Term Rentals
https://www.nbc11news.com/2023/07/13/city-grand-junction-introduces-short-term-rental-cap/
July 14
Town Council Candidate Session
https://www.vaildaily.com/news/vail-to-host-meeting-for-aspiring-town-council-candidates-on-july-20/
Bear Calls
https://www.vaildaily.com/news/beware-bears-vail-police-see-uptick-in-calls-about-bears-this-season/
East Vail Fire Hydrant - letter
https://www.vaildaily.com/opinion/letter-fix-the-fire-hydrant-in-east-vail/
July 17
Dobson Remodel
https://www.vaildaily.com/news/vail-to-get-its-first-look-at-52-million-plan-to-revamp-dobson-ice-
arena/
RMV Lottery Entries
https://www.realvail.com/town-of-vail-receives-more-than-425-entries-into-lottery-to-rent-residences-
at-main-vail/a16663/
July 19
Ford Park Master Plan
https://www.vaildaily.com/news/vails-2023-ford-park-master-plan-enters-final-stages-of-planning/
July 22
Booth Heights Attorney Fees
https://www.vaildaily.com/news/vail-has-spent-nearly-half-a-million-dollars-in-the-booth-heights-legal-
battle/
July 23
Construction Bidding
https://www.vaildaily.com/news/why-its-harder-than-ever-for-colorado-mountain-towns-to-bid-its-
construction-projects/
https://www.denverpost.com/2023/07/24/vail-eagle-avon-construction-projects-colorado/
July 25
National Night Out
https://www.realvail.com/vail-police-encourage-vail-community-to-join-national-night-out-community-
bbq-aug-1/a16748/
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July 26
Dobson Discussion Recap
https://www.vaildaily.com/news/vail-wants-dobson-remodel-plans-to-be-more-futuristic-
comprehensive/
PARC Act
https://www.vaildaily.com/news/should-wilderness-areas-have-bolts-for-climbers-parc-act-fight-spills-
into-vail/
Upcoming Council Events
o August 8 – Community Picnic at Donovan Pavilion
o August 29 – Vail Social!
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AGENDA ITEM NO. 4.3
Item Cover Page
DATE:August 1, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Vail Town Council Priority Goals for 2023
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Priority Vail Town Council Goals for 2023.docx
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PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023
CATEGORY GOALS NEXT STEPS WHO
Housing The Town of Vail will acquire 1,000 additional resident
housing deed restrictions by the year 2027 as compared
to 2017. By October 1, 2023:
1.Complete the Residences at Main Vail.
2.Initiate the entitlement process for the Timber
Ridge and West Middle Creek housing
developments.
3.Acquire the East Vail CDOT parcel and initiate the
design process.
4.Initiate the acquisition process for one additional
parcel of land to create a significant regional
housing development.
1.5. Amend the commercial linkage requirements and
adopt residential linkage
1. Execute management agreement with RMV property manager. Complete.
2. We are negotiating a development agreement with Triumph on Timber Ridge and there is
more demand than units for this project. A pre-development agreement is completed.
3. Regarding West Middle Creek-geotechnical work has been completed, a site plan has been
developed, and an RFP for developers has been issued. Transportation Commission has also
approved disposing of its land to facilitate this development.
4. Staff is presenting purchase & sale agreements to Town Council August 1, 2023 to acquire
CDOT parcels off the north frontage road at West Middle Creek and Timber Ridge.
5. Staff is working with CDOT staff on the acquisition of the East Vail CDOT parcel.
6. TOV and other stakeholders have begun working with the State Land Board on the Dowd
Junction property.
Housing Director
lead, supported by
Town Manager &
Deputy Manager,
Finance Dept, Public
Works, Com Dev,
Econ Dev
Civic Hub and
Town Hall
By November 1, 2023:
1.Determine a program, budget, and critical path to
renovate Dobson Ice Arena so that it will continue
to serve Vail for another 40 to 50 years.
2.Determine whether to renovate or relocate Town of
Vail offices and if relocated determine best
location(s), a budget, and a timeline for relocation
or renovation.
Note: The Town Manager would request that he be able
to work with cultural arts interests to further refine the
conceptual design and programs for community uses in
addition to Dobson and town offices on the hub site
1. Executed design contract with Populous. Two scenarios have been developed and costed.
The two options are over the estimated revenue available. The Town has hired Cumming Group
as an owner’s representative. Cumming will work on prioritized improvements to build an option
meeting the budget. Soils testing is underway as well as hiring a survey company to provide an
updated topographic survey.
2. Develop alternative scenarios for locating and/or refurbishing Town offices and provide
recommendations to Town Council. An RFP has been issued to look at the entire Civic Area,
including the municipal site for best uses, potential development scenarios.
3. (Recommended additional task): Facilitate a discussion on high priority cultural/community
uses and how they can be finically sustained over time and bring forward recommendations to
the Town Council.
Public Works
Director - Dobson/
Town Manager &
Com Dev Director,
Econ Dev
Excellent
Customer
Service
By November 1, 2023:
1.Create a clear definition for providing excellent
customer service to our residents and guests
for town services and a means of measuring to
what degree we are providing excellent
customer service.
2. Identify and implement metrics for objectively
measuring organizational effectiveness and health
so that a baseline is developed which can be
improved on in future years.
Work with leadership team to develop customer service goals and metrics. Leadership retreat
scheduled for June 15 to help define “excellent customer service”. Data points and surveys
currently used have been gathered to provide metrics for future measurement of success. Have
met with RRC & Associates to establish a workplan for creating metrics.
Town Manager and
Leadership Team
Land Use
Regulations
Support
Town Goals
By November 1, 2023:
Review and analyze Title 12 Zoning, the Official Zoning
Map, Title 14 Development Standards, and other
pertinent land use policy language including the Town of
Vail Comprehensive Plan. Bring forward
recommendations for amendments to help foster the
1.Staff is completing an exhaustive set of recommendations to align the zoning code and
administrative policy with the goal of creating affordable housing.
2.Staff will convene focus groups with builders, housing advocates to also solicit feedback on
aligning the development review process to support the Town’s housing goals.
Community
Development
Director, Public
Works Director, Fire
Chief
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creation of affordable housing and improved efficiency
of the development review process.
Vail Town Council Action Plan
PROJECT MILESTONE UPDATES POINT of CONTACT
COMMUNITY
West Vail Master
Plan
Implementation
Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP.
May 2022 – April 2023. Update to Council on March 21, 2023.
Phase 2, West Vail Center: Implementation of recommendations in Chapter 2, WVMP.
May 2023 – Sept. 2023. Update to Council May 15, 2023.
Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP.
Coordinate implementation timeline in context of town-wide Transportation Master Plan.
Matt Gennett, Community
Development Director
Timber Ridge
Apartments
Redevelopment
Aug. 1, 2023
Updated market study, design development, and entitlement approval process to redevelop Timber Ridge Village
Apartments.
Spring 2024
Construction begins.
Feb. 1 – Apr. 1, 2025
New units expected to be completed and available for phased occupancy.
George Ruther, Director of
Housing
Ford Park Master
Plan
Amendments
Ford Park Master Plan Amendments. An update was provided to Town Council on July 18; The plan has many elements
with potential for implementation over a number of years, dependent upon funding and prioritization.
Todd Oppenheimer, Capital
Projects Manager
Short Term
Rental Policy
Amendments
Jan. 1, 2023
Effective implementation date of Ordinance No. 11, Series of 2022.
Feb. 28, 2023
STR license renewal deadline.
Carlie Smith, Finance
Director
Early Childhood
Initiatives
Funding in 2023 ($250,000) for Council supported areas including:
Community Tuition Assistance - ongoing grants for incomes below 450% of federal poverty
Workforce Retention – grants to 2 programs for 2023
Expansion and Sustainability of ECE programs
– infant subsidy and facility/lease support
– pursuing expansion opportunities via in-home and/or new spaces
Capital support – facility maintenance support ongoing & future capital support TBD
Krista Miller, Human
Resources Director
Cultural Heritage
Preservation &
Programs
Lori A. Barnes, Library
Services Director
Permanent
Location for
Children’s
Garden of
Learning
Lease at temporary location expires 2026 or earlier pending 180 days’ notice. Staff are working to identify potential
sites.
Kathleen Halloran, Deputy
Town Manager
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Wildland Urban
Interface Code
Amendments
May 2023
Town Council update on 2022 Fire Free Five grant program.
May-October 2023
Implement 2023 Fire Free Five grant program.
Fall 2023
Fire Free Five code adoption consideration.
Mark Novak, Fire Chief
ENVIRONMENT
USFS Booth
Creek Fuels
Reduction
Project
Spring 2023
USFS Record of Decision-draft EA issued on May 5, 2023 with 45 day comment period.
Winter 2023/2024
Identify costs and funding sources.
2023-2030
Implementation - timeline is variable due to external factors.
Mark Novak, Fire Chief
Identify
Alternative Fuel
Solutions
2022 - First boiler replacement operational. Collecting data on usage. Town is under contract with the Grey Edge Group,
to study feasibility of a networked geothermal system for decarbonizing the snowmelt system. Experts toured Vail
infrastructure on May 8th.
Kristen Bertuglia,
Environmental Sustainability
Director
Sustainable
Strategic Plan
Jan. – Dec. 2023 Kristen Bertuglia,
Environmental Sustainability
Director
Wildlife Crossing
at Dowd Junction
Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd.Kristen Bertuglia,
Environmental Sustainability
Director
Global Friendship
| Peer Resort
Exchange
Programming
Staff to return to town council in Q3 with proposal for areas of alignment with key peer resort and international
community exchanges.
St. Anton delegation of 11 visited Vail June 6 - 10 with official tours and meetings and a proclamation at the June 6
th
Town Council meeting and ending with participation at the Go Pro Mountain Games. Staff will begin working on next
steps, such as an employee exchange program and potential visit next summer to St. Anton.
Mia Vlaar, Economic
Development Director.
Kristen Bertuglia,
Environmental Sustainability
Director
Cultural Heritage
Preservation &
Programs
2023 Budget is $25,000.
March 21, 2023 – Resolution No 4 passed for the Naming or Commemoration of town-owned properties. Town’s
website has been updated to include an online application.
Partner on Trailblazer Award process.
Continued work in 2023 - Summervail Archives (on hold for now, need to reconnect with their team) ; Vail Valley
Voices (ongoing project with many more oral histories still to be captured) ; Library’s 40th Anniversary (celebration
was first announced in March ; historic display on Hauserman table through the summer, Galleria display exhibit
opens in August ; July 4
th Book ‘n Bake Sales (Theme is “This Library is Your Library – 40 Years Strong”) ; Eagle
County celebrates 140 years (Library hosted the traveling photography exhibit in April) ; CHC website has been
further updated to include cultural initiatives from other departments ; CHC committee meets bimonthly.
Lori A. Barnes, Director of
Library Services
Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022.Field work begins June 15 Kristen Bertuglia,
Environmental Sustainability
Director
Building Code
Regs & Climate
Action Plan
Implementation
May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness 2023.
Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program. Solar RFP responses
received, contract to be completed June 20.
Matt Gennett, Community
Development Director
40
ECONOMY
2. Dobson and
Civic Area Plan
Implementation
Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson & determine location for Town Hall services.
Currently working with architect/design firm and owner’s rep to refine conceptual designs based on preliminary cost
estimates for Dobson Ice Arena renovations. Joint meeting with VRD and Town Council on July 18 provided feedback
for staff. Town Council presentation on August 1
st responding to seating capacity questions and asking to continue
moving forward with the recommended design and funding plan.
Matt Gennett, Community
Development Director
Greg Hall, Public Works
Director
4. Zoning Review Propose changes to zoning regulations to enhance or encourage workforce housing.Matt Gennett, Community
Development Director
Special Events
Funding Model
Alternatives
Initiative
As part of the reimagining and restructure of the economic development department as a destination marketing
organization (DMO), a new structure for special events funding will be explored in Q2.Carl Ribaudo is providing
consulting services to address the town’s reorganization into a Destination Marketing Organization including marketing,
special events, welcome centers, and business development. Carl to visit with town staff July 25-26
Mia Vlaar, Economic
Development Director
Vail’s
Stewardship
Roadmap
Adoption of plan by resolution by Vail Town Council is planned for June 20th. Early implementation including
resourcing, budgeting, and planning to begin in Q2 2023.
Mia Vlaar, Economic
Development Director
Next Steps for TIF
Funding
Estimated funds available between 2022 and 2030 total between $35 - $41 million. Timeline: 3 - 5 years
Currently working with architect/design firm and owner’s rep to refine conceptual designs based on preliminary cost
estimates for Dobson Ice Arena renovations. Joint meeting with VRD and Town Council on July 18 to ask Town Council
permission to move forward with recommended design and funding plan.
Kathleen Halloran, Deputy
Town Manager
Economic
Development
Strategic Plan
Update
Following the reimagining and restructuring of the department as a destination marketing organization (DMO), the
economic development strategic plan will be updated in Q4 of 2023.
Mia Vlaar, Economic
Development Director
EXPERIENCE
3. Excellent
Customer
Service
By November 1, 2023, achieve the following:
Create a clear definitions of excellent customer service to our residents and guests and a means of measuring to
what degree we are providing excellent customer service.A leadership meeting was held June 15, where customer
service principles were developed.
Identify and implement a metric for objectively measuring organizational effectiveness and health so that a
baseline is developed which can be improved on in future years. Feb 24 met with RRC as a first step in identifying
what metrics we have available using the bi-annual community survey and post-visit guest intercept surveys. Mar
22 internal meeting to discuss creating an inventory of data to use in measuring guest experience. May 10 created
an internal inventory of existing data points. Staff meeting with RRC & Associates in Boulder, CO on July 13 to
discuss service metrics and reportable data to the community.
Kathleen Halloran, Deputy
Town Manager
Go Vail 2045 –
Vail Mobility &
Transportation
Master Plan
July 2022 – May 2024.
Completed existing conditions public outreach/analysis and Noise Study update. Team is in the process of drafting
initial recommendations which will be presented to the public and Council this summer for initial comment and
feedback. Presentation to Town Council scheduled for August 1st.
Tom Kassmel, Town Engineer
Public Works
Shops
Expansion and
Access
Improvements
March 2021 – June 2022. - Access Improvements: Engaged design team to provide a scope to provide additional steps
to provide access to the upper level of the public works shop building.
Greg Hall, Public Works
Director
41
E-Vail Courier
Implementation
Oct. 1, 2022 - Full implementation began.Council was updated on May 16
th on the success of the program and lessons
learned. Staff currently working on expanding the program for large couriers such as FedEx/UPS; presentation to Town
Council on August 1st.
Ryan Kenney, Police
Commander
Regional
Transportation
Ballot measure passed in Nov. 2022. Town Council member Barry Davis is serving as the town’s representative on the
RTA board. This first year will be spent establishing the new RTA.Update to Town Council on August 1st
Public Parking
Initiatives
New parking rates and passes were implemented at the start of the 2022/23 winter season. On April 18, Town Council
approved recommendations by the Parking Task Force to implement changes to summer parking overnight rates and
event parking rates at Ford Park. Parking Task force met July 21 to continue discussions for the upcoming winter
parking program.
Greg Hall, Public Works
Director
Guest
Experience
Initiatives
PrimaVail and PrimaService programming will continue through September. Early winter will see another reactivation
of PrimaVail and PrimaService recognition for the winter season.
Mia Vlaar, Economic
Development Director
42
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:August 1, 2023
TIME:15 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 14, Series of 2023, First Reading, an Ordinance of
the Town Council of the Town of Vail, Colorado Repealing and
Reenacting Section 1-5-8 of the Vail Town Code, Regarding
Compensation for the Mayor and Town Council Members
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 14,
Series of 2023 upon first reading.
PRESENTER(S):Krista Miller, Director of Human Resources and Risk Management
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
CouncilMemo_2023-08-01_Council_Compensation_Ordinance (1).docx
Council_Compensation_Ordinance-O070623.docx
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To:Vail Town Council
From:Human Resource & Risk Management Department
Date:August 1, 2023
Subject:Ordinance to update Town Council Compensation
I.SUMMARY
The Town Council reviewed comparable community elected council compensation and
requested an update to Council Compensation with the intent of encouraging demographic
diversity of future councils and streamlining the process for adjustments to these
compensation rates.
II.BACKGROUND
The Town Charter provides for Mayor and Council Member Compensation.
Section 3.8 - Compensation:
The members of the council shall receive such compensation and the mayor such
additional compensation as the council shall prescribe by ordinance, provided,
however, that they shall neither increase nor decrease the compensation of any
member during his/her term of office. The mayor and councilmembers may, upon
order of the council, be paid their actual and necessary expenses incurred in the
performance of their duties of office.
(1972 Charter; Charter amd. 11-6-2012)
Based on the above provision, the Vail Town Council may consider an ordinance at any
time to adjust compensation for future Mayors and/or Council members. Any ordinance
changing compensation may take effect at the beginning of each term for a Council Member
or each term for a Mayor.
The current compensation rate for Mayor is $1,000 per month ($12,000 annually) and $625
per month ($7,500 annually) for Council Members.
Upon review of compensation for comparable communities, the Town Council provided
direction to bring an ordinance to update future compensation to match the 70 to 75
th
percentile of the market and incorporate an automatic escalator to automate and simplify
the process for future updates.
III.DISCUSSION
44
Ordinance No. 14, Series 2023
Attached is an ordinance for Town Council consideration which provides an update of
compensation for future council members in addition to providing an automatic escalator.
The ordinance sets the updated monthly rate as $1,700 for Mayor and $1,200 for Town
Council Members beginning following this November’s election.
The ordinance includes an automatic escalation tied to the Denver/Aurora/Lakewood
Consumer Price Index (CPI) following each election cycle. After further research and
consideration, utilizing a standardized index is recommended as an alternative to a link to
the town’s pay range increases. With each position being individually matched to the
market, an approach based on this will not provide a clear process that can be easily
described to candidates considering a Council role. In addition, adjustments to individual
positions are evaluated on three-to-four year cycles which may not align with election cycles
whereas the Consumer Price Index is published quarterly. Compensation levels for Mayor
and Town Council Members may be included in the compensation study to assess market
compared to the compensation strategy if a periodic market analysis is desired.
Please note that the Bureau of Labor Statistics revised the local geographic area
description, so any references to Denver-Boulder-Greeley are now reflected as Denver-
Aurora-Lakewood.
IV.ACTION REQUESTED OF COUNCIL
Approve, approve with amendments, or deny Ordinance number 14, series of 2023 on first
reading.
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ORDINANCE NO. 14
SERIES 2023
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO REPEALING AND REENACTING SECTION 1-5-8 OF THE
VAIL TOWN CODE, REGARDING COMPENSATION FOR THE MAYOR
AND TOWN COUNCIL MEMBERS
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1.Section 1-5-8 of the Vail Town Code is hereby repealed in its entirety
and reenacted as follows:
§ 1-5-8 COMPENSATION.
(A)Mayor. The Mayor shall receive compensation in the amount of
$1,700 per month during the Mayor's term of office.
(B)Town Council. Each Town Council member shall receive
compensation in the amount of $1,200 per month during their term of office.
(C)Annual Increase. The monthly compensation for the Mayor and
Town Council members shall automatically increase on January 1st of each
year beginning January 1, 2025, in an amount equal to the percentage
increase in the Denver-Aurora-Lakewood Consumer Price Index ("CPI").
Should the CPI decrease in any given year, the monthly compensation shall
not decrease, but instead, shall remain the same as the prior year.
(D) If the Town of Vail budget for any year does not include monies allocated
for employee compensation increases, the monthly compensation for
Mayor and Town Council will not increase, but instead remain the same as
the prior year.
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 Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4.The amendment of any provision of the 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
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any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
Section 6.This ordinance shall take effect on November 21, 2023. For those
officials elected to new terms at the November 7, 2023 regular Town election, the
compensation set forth in this ordinance shall apply. For those incumbent officials who
do not start new terms after the November 7, 2023 election, the prior version of Section
1-5-8 of the Vail Town Code shall apply through the remainder of their current terms.
Thereafter, the compensation set forth in this ordinance shall apply to all future terms of
the Mayor and Town Council members.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2023 and a
public hearing for second reading of this Ordinance set for the 15th day of August, 2023,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of August, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
47
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:August 1, 2023
TIME:15 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Ordinance
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 15, Series 2023, First Reading, An Ordinance
Repealing and Reenacting Section 7-3B-8 of the Vail Town Code,
Regarding the Regulation of Boots on Motor Vehicles
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 15,
Series 2023 upon first reading.
PRESENTER(S):Chief Ryan Kenney, Vail Police Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
councimemobooting.docx
Bootingordinance.docx
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July 25
th, 2023
To:Town Council
Through:Russel Forrest
Town Manager
From:Ryan Kenney
Chief of Police
Subject:Vehicle Booting
There has been a recent increase in “booting” in Vail to deal with private parking problems. Some
of these booting interactions have become violent and required a police response. Our current
booting ordinance does not give the police department a lot of options for enforcement or
compliance. We would like to update our ordinance to come in line with the Public Utilities
Commission (PUC).
We have received numerous complaints from booting incidents. People have complained about
improper signage, lack of contact information to have the boot removed, and aggressive tactics
from the booting companies. Updating our booting ordinance will allow the police department to
have a better understanding of which companies are performing this service, who their local
representatives are, what their PUC license number is and their plan to stay in compliance with
PUC and Vail regulations.
There are several significant changes we are requesting. Below is a list of those changes;
No booting without a PUC permit.
Comply with all PUC rules.
Companies must obtain a permit from the TOV to operate in Vail.
Strict rules for proper notice of parking regulations are provided at the time of the violation
(permanent sign posted near each entrance satisfies this rule).
All fees must adhere to PUC rules.
Rules for an appeal process through the TOV.
Penalty structure.
We are asking Council to approve changes to the booting ordinance.
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ORDINANCE NO. 15
SERIES 2023
AN ORDINANCE REPEALING AND REENACTING SECTION 7-3B-8 OF
THE VAIL TOWN CODE, REGARDING THE REGULATION OF BOOTS
ON MOTOR VEHICLES
WHEREAS, the Town currently regulates booting in Section 7-3B-8 of the Vail
Town Code;
WHEREAS, pursuant to C.R.S. § 42-5-103, it is a crime for any person, with
criminal intent and without the owner's consent, to tamper with a motor vehicle;
WHEREAS, pursuant to C.R.S. § 42-4-1210(1), a private property owner may
designate specified areas on the private property available for public use only by
authorized vehicles, and parking vehicles outside of such areas without permission from
the owner is prohibited;
WHEREAS, pursuant to C.R.S. § 18-4-504, impermissible parking of vehicles on
private property is a trespass;
WHEREAS, pursuant to C.R.S. § 42-4-2103, a private property owner may remove
or dispose of an abandoned vehicle impermissibly parked on the property;
WHEREAS, the Colorado Public Utilities Commission (the "PUC") extensively
regulates towing carriers, tow truck operators and vehicle booting companies; and
WHEREAS, to promote the health, safety and welfare of its citizens, the Town has
the authority to regulate motor vehicle booting.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Section 7-3B-8 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
§ 7-3B-8: BOOTING:
(A)For purposes of this Section, the following terms shall have the
following meanings:
Boot or booting means to place a wheel immobilization device upon a motor
vehicle for the purpose of prohibiting the operation of a motor vehicle.
Chief means the Chief of Police or designee.
Normal business hours means 8:00 a.m. to 5:00 p.m., Monday through
Friday, excluding Town-recognized holidays.
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Vehicle booting company means a private corporation, partnership, sole
proprietor, limited liability company or other entity in the business of
immobilizing a motor vehicle through the use of a boot.
(B)License Requirements:
1.No vehicle booting company shall engage in booting without
a valid license from the Town.
2.No vehicle booting company shall operate within the Town
without first obtaining a permit from the Colorado Public Utilities
Commission (the "PUC") pursuant to 4 CCR § 723-6812, as amended.
(C)Application:
1.An application for a license shall be made on forms provided
by the Town Clerk and shall be accompanied by a nonrefundable
application fee in the amount set forth by resolution of the Town Council.
2.Upon receipt of a complete application and the applicable fee,
the Town Clerk or designee shall forward the application to the Chief, who
shall conduct such investigation and criminal background check as is
necessary to determine whether:
a.The applicant has been convicted of theft or embezzlement,
any offense involving the unlawful use, taking or conversion of a
vehicle belonging to another person, or a felony; or, if the applicant
is a corporation, that its officers, directors and principal stockholders
are of good business repute and have not been convicted of theft or
embezzlement, a felony or any offense involving the unlawful use,
taking or conversion of a vehicle belonging to another person;
b.The applicant has received and has currently in force a permit
to operate as a vehicle booting company from the Colorado Public
Utilities Commission (the "PUC").
c.The applicant has adequate, safe equipment and an adequate
recordkeeping system and can otherwise comply with the rules and
regulations provided herein; and
d.The applicant has public liability and property damage
insurance or a surety bond providing coverage of at least one million
dollars ($1,000,000) per occurrence.
(D)Issuance or Denial:
1.Within fifteen (15) days, the Chief shall recommend, in writing,
that the Town Clerk issue or deny the license. The Chief shall state the
reasons for a recommendation of denial.
2.The Town Clerk shall then issue the license or deny the
license.
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(E)Suspension or Revocation: The Town Clerk may suspend or revoke
a license if the vehicle booting company violates any provision of this Code
or provides false information to the Town Clerk or to the Chief in an
application for a license. Prior to any suspension or revocation, the Town
Clerk shall provide at least ten (10) days' prior written notice to the vehicle
booting company. Such notice shall state the grounds for suspension or
revocation and shall be mailed by first class U.S. Mail to the vehicle booting
company's last known address. The Town Clerk shall consider any
response submitted by the vehicle booting company prior to their decision.
(F)Renewal: Licenses must be renewed on or before the anniversary
date of the license, and requests for renewal shall be accompanied by the
renewal fee set by resolution of the Town Council.
(G)Equipment: Vehicle booting company vehicles shall be clearly
marked with the business name and license number and shall have a
blinking amber light on the top of or above the vehicle when engaged in
booting operations.
(H)Personnel: All employees of a vehicle booting company shall be
qualified to participate in booting operations within the Town. Employees
shall always have on their person a picture identification card containing:
the employee's picture, the employee's name, the employer's name and the
license number. Every employee shall wear reflective traffic safety vests
while booting.
(I)Rates:
1.The Town shall enforce a schedule of reasonable rates and
charges consistent with those set forth by the PUC under 4 CCR § 723-
6817(b), as amended.
2.A vehicle booting company shall not charge a boot removal
fee higher than seventy-five percent (75%) of the rate allowed by the PUC
for the nonconsensual tow of a motor vehicle with a GVWR of less than ten
thousand (10,000) pounds when requested to remove the boot.
3.If the owner, authorized operator or authorized agent of the
owner of a motor vehicle that is parked without the authorization of the
property owner attempts to retrieve the motor vehicle while the booting
operator is still with the vehicle, a "drop charge" shall not be higher than
what is established by the PUC.
4.There shall not be any boot removal fee assessed if the boot
cannot be removed within ninety (90) minutes from the time of the request
for removal by the vehicle owner or vehicle owner's designee. Any dispute
regarding this timeframe may be refuted based on the phone records from
the vehicle booting company.
5.A boot applied at the direction of a Town police officer shall
only be released at the direction of a Town police officer.
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6.A vehicle booting company shall accept payment by cash or
by credit card for the boot removal fee. The vehicle booting company shall
obtain, carry and maintain in working order such portable credit card
payment equipment as may be necessary to accept payment by credit card
at the location of the placement and removal of a boot.
(J)Written Authorization: No vehicle booting company shall commence
or originate the booting of a vehicle in the Town without the written consent
of the registered owner, legal owner, person in control or other having a
legal right to possession of the vehicle, or upon direction from a police
officer, except when the owner or person in lawful possession of private
property, or their agent, gives written consent to a vehicle booting company
to boot a vehicle. A copy of the written consent shall be given to the Police
Department upon request.
(K)Other Booting Regulations:
1.Vehicle booting companies shall not boot vehicles based on
expired license plates.
2.Each vehicle booting company operator shall maintain a daily
log of the cars that are booted, by license plate, VIN number if legible,
location, date and time, and shall, upon request, provide that log to the
Police Department before the end of the business day following the boot of
a vehicle during normal business hours.
3.Private parking lots that contain one (1) or more parking
spaces and for which the property owner uses vehicle booting for parking
enforcement shall have posted a conspicuous sign near each entrance to
the parking lot. Such sign shall comply with the Town's sign code, and shall
provide notice, with reflective background, that unauthorized vehicles will
be booted.
4.After a boot is placed on any vehicle, the vehicle booting
company shall:
a.Affix a conspicuous and obvious notice to the vehicle that
contains the name, address, telephone number and license number
of the vehicle booting company that placed the boot on the vehicle,
the amount of the boot removal fee, the right to have the boot
removed within ninety (90) minutes of contacting the vehicle booting
company, the name and telephone number of the property owner or
manager authorizing the boot, the signature of the vehicle booting
company operator or designee, a description of the right to request
a post-seizure hearing under this Section and the following written
statement: "The vehicle was booted by the property owner for a
private property parking violation as outlined in Vail Town Code,
Section 7-3B-8. The Town of Vail was not involved in the action.";
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b.Maintain personnel authorized to remove any boot and
release any vehicle to its owner or driver upon the payment of any
boot removal fee during such times as required in this Section;
c.Accept payment by cash or by credit card; and
d.Provide a receipt upon payment for removal of the boot, listing
the fees and advisement of the right to request a post-seizure
hearing for vehicle immobilization pursuant to this Section.
5.Charges for damage to booting equipment shall not be
governed by this Section and shall not prevent the vehicle's release if
scheduled fees are satisfied.
(L)Post-Seizure Hearing:
1.The owner or operator of a previously booted vehicle may
request a "post-seizure" hearing by providing a written request to the Town
Clerk within ten (10) days of the date the vehicle was booted.
2.The hearing shall be conducted by a hearing officer
designated by the Town in the same manner as outlined in Article 3A of
Chapter 3 of this Code. The vehicle booting company shall have the burden
to establish that there was probable cause to immobilize the vehicle.
3.The hearing officer shall determine whether a violation of this
Section occurred. The hearing officer may reverse or reduce any fees
charged.
(M)Appeals. Any decision of the hearing officer under this Section may
be appealed as follows:
1.A written appeal shall be filed with the Town Clerk within ten
(10) days of the date of the decision being appealed, including the basis for
the appeal.
2.The Town Council shall consider the appeal, on a de novo
basis, at a public meeting held within thirty-five (35) days of receipt of the
appeal. The decision of the Town Council shall be final, subject only to
judicial review.
(N)Violation; Penalty.
1.Violation: It is unlawful to violate any provision of this Section.
Each day of violation shall be deemed a separate offense.
2.Civil Enforcement:
a.If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
personal service on the alleged violator, or by mailing first-class U.S.
Mail to the last known address of the alleged violator.
b.Civil violations shall be subject to the following fines and
penalties:
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i.First violation in any twelve (12) month period: $500.
ii.Second violation in any twelve (12) month period:
$1,500.
iii.Third and subsequent violations in any twelve (12)
month period: $2,500.
c.All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no
opportunity to challenge or otherwise appeal the violation. If the
violation is contested, a written protest shall be filed with the Town
within fourteen (14) days of the date of the citation, and the Town
shall cancel the citation and proceed to criminal enforcement.
3.Criminal Enforcement: If the Town chooses criminal
enforcement or a protest is filed and the civil citation is canceled, a
summons and complaint may be served as provided in the Colorado
Municipal Court Rules of Procedure. The penalties shall be as set forth in
Section 1-4-1 of this Code.
4.Other Remedies: In addition to the penalties described
above, the Town shall have any and all remedies provided by law and in
equity for a violation of this Chapter, including without limitation: damages;
specific performance; and injunctive relief.
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 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 Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4.The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2023 and a
public hearing for second reading of this Ordinance set for the 15
th day of August, 2023,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15
th day of August, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
56
AGENDA ITEM NO. 5.3
Item Cover Page
DATE:August 1, 2023
TIME:10 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 16, Series of 2023, First Reading, An Ordinance
Amending Title 12 of the Vail Town Code to Clarify the
Requirements for the Issuance of a Building Permit
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 16,
Series of 2023 upon first reading.
PRESENTER(S):Matt Mire, Town Attorney
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ordinance No. 16, Series 2023 Staff Memorandum.pdf
Attachment A. Ordinance No. 16, Series of 2023 -O072123.pdf
Attachment B. PEC23-0009 Memo 7-10-23.pdf
Attachment C. PEC Minutes 7-10-23.pdf
57
Town of Vail 1
TO: Vail Town Council
FROM: Community Development Department
DATE: August 1, 2023
SUBJECT: First reading of Ordinance No. 16, Series of 2023, for a Prescribed Regulation
Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend
Section 12-3-9 Compliance; Violations; Penalties, to clarify the requirements for
issuance of a building permit and setting forth details in regard thereto. (PEC23-
0009)
Applicant: Town of Vail
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, is proposing to amend Section 12-3-9 Compliance;
Violations; Penalties. This update was recommended by the Town’s legal department
and is intended to clarify the requirements for issuance of a building permit. The
amendment will update a section of the code which has not seen significant updates in
recent years and will bring the code into greater alignment with similar communities
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 16, Series of 2023, on first reading.
III. DESCRIPTION OF REQUEST
Please see Attachment A for the draft ordinance with the proposed language for Section
12-3-9, Vail Town Code.
IV. BACKGROUND
The Planning and Environmental Commission (PEC) held a public hearing on the
proposed amendment on July 10, 2023. There was discussion as to the best language
for the definition of an applicant, combining a few of the subsections, and the PEC
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Town of Vail 2
provided input on keeping the language narrowly tailored to have the desired effect while
not producing unwanted burden on staff.
On July 10, the PEC recommended approval, with conditions, in a 5-2-0 vote (Jensen
and Rediker opposed; Rediker noted his opposition is not substantive but that he was not
comfortable forwarding a recommendation before reviewing the final language).
Conditions:
1. The removal of “any other applicable law” from Sections 1, 2, and 3.
2. Refining the scope of Section 5 as noted in the commissioner comments.
The PEC conversation regarding condition number one is reflected in the minutes from
the July 10th PEC meeting but can be summarized that the term “any other applicable
law” could have very sweeping meaning from Town Code to Federal law and should be
removed or refined.
Condition number two is related to the determination that a tailored definition of
“applicant” is needed. While there are many LLC ownership structures which is what the
subsection is targeted at, how would it impact a larger corporation or building from
pursuing a minor building permit if any of their members is in violation of a law.
The changes with this amendment are summarized below:
(1) The Town shall not issue a building permit unless, at the time of application, all of the
following are in full compliance with all applicable requirements of this Code and any
other applicable law: the real property on which construction will occur; the proposed
building or structure; and the use of the real property on which construction will occur.
(2) The Town shall not issue a building permit if, at the time of application, the applicant
maintains any activity on any property within the Town that is not in full compliance with
all applicable requirements of this Code and any other applicable law.
(3) The Town shall not issue building permit if, at the time of application, the applicant
maintains any activity on any property within the Town that is not in full compliance with
all applicable requirements of this Code and any other applicable law.
(4) The Town shall not issue a building permit if the applicant is delinquent in any
payments to the Town, including without limitation taxes, fines and penalties.
(5) For purposed of this Section, if the applicant is a corporation, company, trust or
similar entity, “applicant” includes all any of its members, directors, trustees and or
principals who have a possessory interest in the property that is the subject of the
application.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2023, on
first reading, the Planning and Environmental Commission recommends the Council
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Town of Vail 3
pass the following motion:
“The Vail Town Council approves, on first reading, Ordinance No. 16, Series of
2023, an ordinance amending Section 12-3-9 Compliance; Violations; Penalties,
to clarify the requirements for issuance of a building permit and setting forth
details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 16 Series of 2023, the
Planning and Environmental Commission recommends the Council make the following
findings: “The Vail Town Council finds:”
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive
plan and is compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
VI. ATTACHMENTS
A. Ordinance No. 16, Series of 2023
B. Staff Memorandum to PEC, July 10, 2023
C. PEC Minutes, July 10, 2023
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HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY
DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 16, SERIES OF 2023/ORDINANCE NO. 16 -
O072123.DOCX
ORDINANCE NO. 16
SERIES 2023
AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO
CLARIFY THE REQUIREMENTS FOR ISSUANCE OF A BUILDING
PERMIT
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 12-3-9(B) of the Vail Town Code is hereby amended to read
as follows:
12-3-9: COMPLIANCE; VIOLATIONS; PENALTIES.
* * *
(B) Building permit.
(1) The Town shall not issue a building permit unless, at the time
of application, all of the following are in full compliance with all applicable
requirements of this Code: the real property on which construction will
occur; the proposed building or structure; and the use of the real property
on which construction will occur.
(2) The Town shall not issue a building permit if, at the time of
application, the applicant owns any other real property within the Town that
is not in full compliance with all applicable requirements of this Code.
(3) The Town shall not issue a building permit if, at the time of
application, the applicant maintains any activity on any property within the
Town that is not in full compliance with all applicable requirements of this
Code.
(4) The Town shall not issue a building permit if the applicant is
delinquent in any payments to the Town, including without limitation taxes,
fines and penalties.
(5) For purposes of this Section, if the applicant is a corporation,
company, trust or similar entity, "applicant" includes any of its members,
directors, trustees or principals who have a possessory interest in the
property that is the subject of the application.
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 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.
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DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 16, SERIES OF 2023/ORDINANCE NO. 16 -
O072123.DOCX
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________,
2023 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2023, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
62
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 10, 2023
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code
to amend Section 12-3-9 Compliance; Violations; Penalties, to clarify the
requirements for issuance of a building permit and setting forth details in regard
thereto. (PEC23-0009)
Applicant: Town of Vail
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail, is proposing to amend Section 12-3-9. This update was
recommended by the Town’s legal department and is intended to clarify the requirements
for issuance of a building permit. The amendment will update a section of the code which
has not seen significant updates in recent years and bring the code into greater alignment
with similar communities.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting that the Planning and Environmental
Commission forward a recommendation of approval to the Vail Town Council for
amendments to Section 12-3-9, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to simplify and clarify the requirements for issuance of a building permit. This
amendment will require the property to be in compliance with applicable laws and
sections of Town Code prior to issuance of a building permit. The objective of the
amendment is to ensure that properties are maintained in accordance with Town Code as
development occurs over time.
III. PROPOSED TEXT AMENDMENT LANGUAGE
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Town of Vail Page 2
Please see Attachment A for the draft ordinance with the proposed language for Section
12-3-9, Vail Town Code. The section would be amended with the proposed language.
Existing language:
(B) Building permit. No permit for erection, alteration, moving or repair of any
building, structure or use shall be issued unless the proposed building, structure or use
complies with the requirements of this title.
Proposed language:
(B) Building permit. No permit for erection, alteration, moving or repair of any
building, structure or use shall be issued unless the proposed building, structure or
use complies with the requirements of this title.
(1) The Town shall not issue a building permit unless, at the
time of application, all of the following are in full compliance with all
applicable requirements of this Code and any other applicable law:
the real property on which construction will occur; the proposed
building or structure; and the use of the real property on which
construction will occur.
(2) The Town shall not issue a building permit if, at the time
of application, the applicant owns any other real property within the
Town that is not in full compliance with all applicable requirements of
this Code and any other applicable law.
(3) The Town shall not issue a building permit if, at the time
of application, the applicant maintains any activity on any property
within the Town that is not in full compliance with all applicable
requirements of this Code and any other applicable law.
(4) The Town shall not issue a building permit if the applicant
is delinquent in any payments to the Town, including without
limitation taxes, fines and penalties.
(5) For purposes of this Section, if the applicant is a
corporation, company, trust or similar entity, "applicant" includes all
of its members, directors, trustees and principals.
IV. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
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Town of Vail Page 3
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and
forwarding a recommendation to the Town Council.
Design Review Board:
The Design Review Board (DRB) has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application regarding the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
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Town of Vail Page 4
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural
features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Vail 2020 Strategic Action Plan
Goal #1 Actions/Strategies:
Update planning document, ensuring public participation and regional government
participation to reflect current conditions, management of growth and gain a clear
understanding of a preferred future scenario for Vail
VI. ENVIRONMENTAL IMPACTS
The proposed prescribed regulation amendment does not have any identifiable
environmental impacts.
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Town of Vail Page 5
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purposes of the zoning regulations are for “promoting the health, safety,
morals, and general welfare of the town, and to promote the coordinated and harmonious
development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality”. The amendment promotes the general welfare of the town and the coordinated
and harmonious development of the town as well. The amendment expands upon the
permit requirements to ensure that applicants and properties in town are following
applicable laws throughout the permitting process. This will hold applicants responsible
for the ongoing use and maintenance of properties under their ownership.
Staff finds that the proposed text amendment meets this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
Staff finds that the proposed amendment will better implement or achieve the applicable
elements of the adopted goals, objectives, and policies outlined in the Vail
Comprehensive Plan. The amendment aims to maintain established community qualities
and economic values as well as safeguard and enhance the appearance of the town,
thereby furthering the goals and objectives of the comprehensive plan.
Staff finds that the proposed text amendment meets this criterion.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
The section in question has not seen significant updates in more than two decades. The
amendment will clarify the permit process, as well as bring this section up to date with
practices of peer communities. As the town continues to develop the expectation is that
properties are maintained in conformance with town code and other applicable laws. This
amendment will ensure that any violations of Town Code are corrected prior to a building
permit issuance.
Staff finds that the proposed text amendment meets this criterion.
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Town of Vail Page 6
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Staff finds that the text amendment will ensure a harmonious, expedient, workable
relationship among land use regulations consistent with the Town’s development
objectives. The amendment is meant to ensure that properties within the town are
maintained in accordance with the requirements of Town Code.
Staff finds that the proposed text amendment meets this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendment.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section VII of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval to
the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-
7 Amendment, Vail Town Code to amend Section 12-3-9 Compliance; Violations;
Penalties, to clarify the requirements for issuance of a building permit and setting forth
details in regard thereto. (PEC23-0009)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section VII of the July 10, 2023, staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
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Town of Vail Page 7
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX. ATTACHMENTS
A. Draft Ordinance Amendment Title 12-3-9
69
Present:Reid Phillips
John Rediker
Brad Hagedorn
Robyn Smith
Henry Pratt
Bobby Lipnick
Bill Jensen
1.Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2.Call to Order
3.Main Agenda
Planner: Greg Roy
Applicant Name: Town of Vail
3.1
A request for a recommendation to the Vail Town Council for a Prescribed Regulation
Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-
3-9 Compliance; Violations; Penalties, to clarify the requirements for issuance of a
building permit and setting forth details in regard thereto. (PEC23-0009)
Planner Roy gives a presentation on the application. He runs through the existing and proposed
language.
Smith asks how about the typical number of building applications.
Roy says it is typically in the 300-500 range per year.
Smith asks about the turnaround on that process.
Roy says the general timeframe is 3-4 weeks depending on the scope of the project.
Rediker asks about the impetus for the change.
Roy says it was brought forth by the Town Attorney’s office. It would apply to some recent incidents
involving stream tract violations, but generally is another tool to get properties in compliance.
Smith asks about the discovery process for a property.
Planning and Environmental Commission Minutes
Monday, July 10, 2023
1:00 PM
Vail Town Council Chambers
Staff Memo PEC23-0009.pdf
Attachment A. Draft Ordinance Amendment Title 12-3-9.pdf
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Planning and Environmental Commission Meeting Minutes of July 10, 2023 70
Roy says Community Development relies on other departments for some of that additional information.
Smith wonders if the language is proposing something of a background check in relation to permitting.
Rediker expands on an example of this and says it merits further discussion.
Phillips says the proposed language seems like a cleanup tool using the building department and permit
process to help clean up other violations.
Matt Mire is the Town Attorney. He said there was a recent situation that applies but it’s not an isolated
situation. The Council has been spending a lot of time and efforts on streambank protection and the
Town could lose its gold medal fishing standard. There have also been some sales tax examples. It’s not
unreasonable for the Town to protect the streambank. He talks about a recent case of streambank
violation. He says this is pretty standard language in similar communities where compliance with city
code is the threshold.
Rediker’s concern is to make sure an ordinance is narrowly tailored to address the harm to be addressed
and not cast too wide a net. He references Section 5 – is there a problem for a corporation or individual
that’s part of an organization with dozens of other members, directors etc..; Would they be refused a
building permit because of something outside of that individual applicant’s control? He gives some
potential examples.
Mire says he will look at that language. The impetus is that many properties are not owned by
individuals, but that Section could potentially be narrowed.
Rediker says he could see the concern of an individual with violations hiding behind an LLC, but also has
concerns about the wide scope of Section 5 as proposed.
Mire says the intent is to address the violation with the owner not some random employee without a
direct or substantial relationship.
Rediker gives additional examples – his concern is that individuals without connections to the property or
LLC could be restricted.
Mire acknowledges that concern and says it could be looked at.
Rediker brings up the proposed Section 2. He asks about the phrase “and any other applicable law.” He
is concerned this could be interpreted as an issue if they have outstanding federal taxes for example.
Could that interpretation occur?
Mire says he will look at it, he will re-examine potentially removing that phrase.
Rediker asks about the word applicable in Section 2. Is this related to specifically to development or any
Section of the code like stated later in the proposed ordinance?
Mire says that can also be examined. The concern is that violations of trespass and stream tract on
adjacent property are getting captured.
Hagedorn has concerns about Section 5. He understands piercing the corporate veil but asks about
personal liability for the permit process itself.
Mire says none of the properties they have pursued this are individuals, and we don’t want to get down in
the weeds with employees or creating liability just have the ability to enforce. He doesn’t think it creates
any liability. However, the language can be cleaned up. He is trying to capture those with ownership
interest, since most properties are owned by LLCs, etc. He also adds that this is a time-sensitive issue
but doesn't want to rush the PEC and all the comments from the PEC can be incorporated in the
presentation to Council.
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Planning and Environmental Commission Meeting Minutes of July 10, 2023 71
Lipnick asks about the difference between Section 2 and 3. He also agrees that Section 5 is too broad.
Roy says Section 2 is more specific to whether the property itself complies for how it’s maintained versus
how it is used in Section 3.
Mire agrees and says those two could probably be combined.
Jensen says when it’s a corporation or company, how does the Town figure out who is invested. He
shares concerns with Rediker that the scope of Section 5 could be broadly interpreted. He is not
comfortable with the current language and would like to see revisions.
Mire says the principal thought is good, the language of possessory interest in the subject property could
address some of these concerns.
Phillips says at times LLC’s or trusts are established to insulate owners from liability or violations. It’s
important for the Town to have the tools to sort through this and an owner who is blatantly violating code
shouldn’t be able to pull permits. He doesn’t want to gut the provisions that would allow this to be
enforced – there are people who would find a way to shelter their violations. Section 5 is a critical piece
of the language.
Mire says Council appreciates the comments from the PEC, for instance in the appeals language it
improved the amendment. He reiterates the commission’s comments will be conveyed to council.
Phillips adds that we do need to provide tools and language to protect the Town from owners that are in
violation on other properties in getting new permits.
Rediker asks if there are any further questions.
Smith says this is a useful tool but the cure may be worse than the malady. It creates a tremendous
administrative lift, especially when there are multiple properties or entities involved. What is the remedy
to address violations? She is afraid this will penalize people who are acting in good faith pulling the
permit. She suggests that rather than checking it on the front end, it comes up when a violation is flagged
and let the failure be the catalyst for the discovery process.
Mire says some of this is more of a policy consideration which Council should weigh in on. He
appreciates the thoroughness, but this is not a common occurrence. There probably won’t be a deep
investigation unless something is brought to the Town’s attention.
Smith says it could be an opportunity to block or delay a development.
Roy says people are notified in the system when they apply if they have a violation. This will come up
prior to permit if they are in violation, there is a time-period where they will have time to correct it prior to
permit.
Mire says you already have to correct violations for Title 12, this is expanding that process to the entire
Town Code.
Smith bring up the West Vail Example and how this could be applied in that case.
Hagedorn posits that the Town won’t do investigative review on every permit; if an application comes
through with an active violation it will be used to enforce this.
Rediker says he has concerns about Section 5 but doesn’t want to water down the Town’s ability to
enforce this when there are violations.
Phillips asks if neighboring municipalities can stop work or revoke a permit if an individual files suit
against the Town? A stop work order can be put on it if you fall into litigation regarding the permit. Phillips
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Planning and Environmental Commission Meeting Minutes of July 10, 2023 72
agrees on streamlining the permit process but also understands the other side that some people may be
trying workarounds regarding violations. He supports the purpose of the amendment.
Mire doesn’t believe that is in there, just that permit activity is stayed in the event of an appeal.
Rediker brings up Sections 2 and 3. What if a property owner has property in West Vail which has many
non-conforming properties? What is there is an existing non-conformity?
Mire says it would be a legal non-conformity so they wouldn’t be in violation. They only need to be
brought into compliance based on certain redevelopment criteria.
Roy confirms if it was built legally, it would be the subject to the non-conforming section and not a
violation.
Jensen asks if there is existing language where someone who is denied a permit has a way to appeal it.
Roy says it depend on what it is denied for, it could go to the building board of appeals.
Jensen clarifies how could somebody contest a denied permit because of a determination on these five
sections.
Roy says it would be an appeal of an administrative decision.
Smith asks about the urgency of the process.
Rediker says the PEC’s charge is to provide a recommendation to Council. He runs through some of the
consideration of this and the different approaches that can be used.
Mire says its often stream tract violations.
Rediker assumes there are still mechanisms for the Town to address existing violations, this is just extra
teeth to help enforce those.
Mire says Council has concerns about some recent events and would like to prioritize this.
Smith agrees it is irritating but once the code is changed it is changed.
Mire says that is the most communities don’t narrow the language to one Title like Vail currently does.
Rediker asks for public comment. No public comment. Public comment closed.
Rediker runs though some of the options for the commission.
Hagedorn understands the intent of the amendment, he has stated his concerns specifically with Section
5. He appreciates the clarification on 2 & 3 regarding non-conformities. He would favor approval with
condition of addressing concerns to Council. This includes narrowing the scope in Section 5 and also the
breadth of “any applicable law” in Sections 2 & 3.
Jensen appreciates this as a draft but would like to see an amended version for the PEC to consider.
Phillips is fairly comfortable with proposed language given the revisions as discussed. He concurs there
is an opportunity to forward a recommendation with the revisions as discussed.
Pratt agrees that Section 5 is overbroad, and shares concerns that the use of “applicable law” in
Sections 1-3 seems heavy handed in relation to permits. The concept is well intentioned, he is
concerned that a bad actor could use it to achieve something well beyond the current intent.
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Planning and Environmental Commission Meeting Minutes of July 10, 2023 73
Lipnick agrees Section 5 needs to be narrowed. He says Sections 2 & 3 could be combined as well as
concerns with “other applicable laws”. He would like to see an amended version come back to the PEC.
Smith reiterates she can’t support this in current form. She suggests tying it to repeated bad actors,
otherwise it creates an administrative burden if applied to all permit activity. Smith suggests that it fails in
helping our good citizens have an easier procedure, lower costs, etc. She also cites concerns with
Criteria 2.
Rediker summarizes his concerns. He recommends removing “and any other applicable law” from
Section 1-3 as discussed. He doesn’t want to take the teeth out of enforcement but is concerned Section
5 is overly broad. He is glad that existing non-conforming properties were clarified as separate from
violations. He walks through the options for the commission.
Pratt asks about the implication of a denial of recommendation.
Roy goes through the options.
Pratt says they have thoroughly examined the proposal, there is an option of sending a recommendation
based on the discussion and revisions today.
Phillips reiterates Council will have the notes and comments, the PEC is simply recommending here.
Phillips makes a motion to recommend but excluding the language of "any applicable law" and revising
the broadness of Section 5.
4.Approval of Minutes
4.1 PEC Results 6-26-23
5.Information Update
5.1 Environmental Sustainability Department Update
Cameron Millard, Energy Efficiency Coordinator, gives a presentation on Climate Action efforts.
Millard and the Environmental staff take questions and comments from commissioners on the
presentation and climate efforts.
Reid Phillips made a motion to Approve with the findings on pg. 6 & 7 of the staff memo and the following
revisions:
1. The removal of "any other applicable law" from Sections 1 through 3
2. Refining the scope of Section 5 as noted in the commissioner comments
(Rediker notes his opposition is not based on substance but that he is not comfortable forwarding a
recommendation before seeing the final language)
; Henry Pratt seconded the motion Passed (5 - 2).
Voting For: Bobby Lipnick, Robyn Smith, Henry Pratt, Reid Phillips, Brad Hagedorn
Voting Against: Bill Jensen, John Rediker
PEC Results 6-26-23.pdf
Reid Phillips made a motion to Approve ; Bill Jensen seconded the motion Passed (7 - 0).
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Planning and Environmental Commission Meeting Minutes of July 10, 2023 74
6.Adjournment
(Jensen not present for vote)
Bobby Lipnick made a motion to Adjourn ; Robyn Smith seconded the motion Passed (6 - 0).
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Planning and Environmental Commission Meeting Minutes of July 10, 2023 75
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:August 1, 2023
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Ordinance
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 13, Series 2023, Second Reading, an Ordinance of
the Town Council of the Town of Vail, Colorado Amending
Chapter 2 of Title 4 of the Vail Town Code, Regarding Alcoholic
Beverages and the Local Licensing Authority
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 13,
Series 2023 upon second reading.
PRESENTER(S):Matt Mire, Town Attorney
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
LLA-O070623.docx
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ORDINANCE NO. 13
SERIES 2023
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL TOWN
CODE, REGARDING ALCOHOLIC BEVERAGES AND THE LOCAL
LICENSING AUTHORITY
NOW 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 Sections 4-2-8 and 4-2-9:
§ 4-2-8 DUTIES OF TOWN CLERK.
(A)The Town Clerk shall receive all applications for licenses and shall
issue all licenses granted by the Local Licensing Authority upon payment of
fees required and upon approval of the State Licensing Authority.
(B)The Town Clerk shall serve as the secretary of the Local Licensing
Authority, and shall provide the necessary notice of meetings and keep the
electronic recordings of all meetings.
(C)The Town Clerk is authorized to administratively approve the
following applications:
(1)Temporary permit during the time in which a transfer
application is pending;
(2)Modification to premises;
(3)Takeout or delivery permit;
(4)Open container or private event permit;
(5)Communal outdoor dining area application; and
(6)Festival permit.
(D)If there have been no violations of the Colorado Liquor or Beer Code,
or any other applicable Town ordinance, during the preceding year, and
there is no other derogatory information regarding the licensee, its partners,
officers, directors, managers, or shareholders, then the Town Clerk may
administratively approve the following applications:
(1)Renewal;
(2)Transfer of ownership;
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(3)Change of corporate status;
(4)Change of location;
(5)Merger and conversion of retail liquor store licenses into a
single liquor-licensed drugstore license;
(6)Manager registration or change of manager; and
(7)Change of trade name.
(E)The Town Clerk is also authorized to administratively approve an
application for a special event permit pursuant to C.R.S. § 44-5-101, et seq.,
provided that the following conditions are satisfied, and further provided that
the Town Clerk may refer any special event permit application to the
Authority in the Town Clerk's sole discretion:
(1)The event is a repeat of an event for which the applicant has
previously received approval from the authority in the past 12 months;
(2)The applicant has no pending liquor licensing violations, and
has had no liquor licensing violations within the preceding year; and
(3)No person has filed a written objection to said permit.
§ 4-2-9 HEARING OFFICER
(A)The Local Licensing Authority may, at the Town Council's discretion,
consist of a sole hearing officer who shall serve at the pleasure of the Town
Council.
(B)The hearing officer shall be appointed by the Town Council and may
be removed with or without cause by a majority vote of the Town Council.
The Town Council shall establish the hearing officer's compensation.
(C)The hearing officer shall be an individual over the age of 21 years
and with sufficient knowledge and expertise to apply and enforce the State
of Colorado Beer Code, Liquor Code, Special Events Code, and related
Code of Regulations. The hearing officer shall not hold any other Town
office, appointment or position, except that the Town Council may appoint
the municipal court judge as the hearing officer. Additionally, the hearing
officer shall not have any financial interest in the operation of any business
located or operating in the city that holds a license pursuant to C.R.S. § 44-
4-101,et seq., or C.R.S. § 44-3-101,et seq.
(D)The hearing officer is authorized to adopt rules of procedure and
regulations concerning the application and renewal processes, procedures
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for hearings before it, and the presentation of evidence at such hearings,
subject to applicable law.
(E)The term "hearing officer" shall be synonymous with "Local Licensing
Authority" as used throughout this Chapter.
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 Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4.The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of July, 2023 and a public
hearing for second reading of this Ordinance set for the 1
st day of August, 2023, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1st day of August, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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