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1979-52r+ ` • s ORDINANCE N0. ~~~ Series of 1979 AN ORDINANCE SETTING A MORATORIUM ON THE APPROVAL OF ALL BUILDING PERMITS AND PROPOSALS FOR THE CON- STRUCTION OF NEW PROJECTS, STRUCTURES OR BUILDINGS TO BE USED IN WHOLE OR IN PART FOR TIME SHARE ESTATES OR TIME SHARE LICENSES, OR APPLICATIONS OR PROPOSALS FOR CONVERSION OF ANY EXISTING STRUCTURE, PROJECT OR BUILD- ING, TO CONDOMINIUMS OR TO A TIME SHARE PROJECT EITHER WITH TIME SHARE ESTATES OR TIME SHARE LICENSES; EXCEPTING HERE- FROM ANY PROJECT, THAT HAS BEEN PREVIOUSLY SPECIFICALLY APPROVED BY THE TOWN COUNCIL FOR A TIME SHARE PROJECT; AUTHORIZING AND DIRECTING THE TOWN MANAGER OR HIS AUTHORIZED REPRESENTATIVE TO SUSPEND THE ISSUANCE OF BUILDING PERMITS OR OTHER APPROVALS THAT WOULD BE IN- CONSISTANT WITH THIS MORATORIUM; STATING THAT SAID MORATORIUM WILL BE FOR NINETY DAYS; AND SETTING FORTH DETAILS IN RELATION THERETO AND DECLARING AN EMERGENCY THEREFORE. WHEREAS, the existing Town of Vail has a character that has been delicately developed over the years and part of that character is the balance between accommodations for visitors to the Town, Vail residents and seasonal employees. The Town Council is of the opinion that the pressure of Time Sharing projects and the monetary return thereon, could easily upset that balance. WHEREAS, the past impacts on the Town by Titer Share Projects have indicated a clear and convincing need for zoning changes, restrictions, and regulatory measures, and a new approach to Time Sharing within the Town; and WHEREAS, the Town Council has determined that the existing ordinances and regulations of the Town are insufficient and incon- sistant with the perceived threat by Time Sharing and should be revised to preserve the housing and accommodation balance within the Town; and WHEREAS, it has been reported to the Town Council that the General Assembly of the State of Colorado will consider a Model Act relating to Time Sharing in its next session, which would affect the future actions of the Town of Vail; and WHEREAS, the Town Council is of the opinion that all new coh~- struction for projects to be used for Time Sharing and all conversions r ~ ; • • ordinance No. ~`~~ Page 2 of existing projects for use by Time Sharing to be delayed pending changes to the ordinances and regulations of the Town of Vail that would protect and preserve the housing and accommodation balance within the Town; and WHEREAS, the Town Council has directed that the staff develop an ordinance that would provide that all new Time Sharing projects whether they ber~wly constructed or converted should be treated in some form of special review under the zoning ordinances of the Town of Vail; and WHEREAS, it appears that the Town will know what actions the General Assembly will take and a result of the new ordinance to be drafted by the staff within the next three months; and WHEREAS, the Town Council finds that certain approvals and applications have been made for development of Time Share projects whether by new construction or by conversion which would seriously threaten to obviate the objective of the proposed ordinances and regulations of the Town; and WHEREAS, the Town Council concludes a Moratorium on the issuance of all building permits and approvals relating to proposals to construct any new project, structure or building to be used in whole or in part for Time Share Estates or Time Share Licenses or applications or proposals for conversion of any existing structure, project or building, to condominiums or to a Time Share project with Time Share Estates or Time Share Licenses is necessary to protect and preserve the public health, safety and welfare of the Town of Vail; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Manager or his duly authorized representative is hereby authorized and directed to suspend the issuance of building permits and all approvals relating to proposals for the construction of a new project, structure or building to be used in whole or in part for Time Share Estates or Time Share Licenses or building permits •, Ordinance N0. • • ~°~"J Page 3 and approvals relating to applications for conversion of any existing structure, project or building to condominiums or to a Time Share project which condominium or Time Share project will be used for Time Share Estates or Time Share Licenses. Section 2. The term "Time Share Estates" shall be defined in the Courts of the Statutes of the State of Colorado. Section 3. This Moratorium shall not apply to permits or proposals for structures, buildings, or projects that have been previously approved by the Town Council as a Time Share project. Section 4. This Ordinance shall apply to all areas within the Town of Vail. Section 5. This Moratorium shall be in affect for no more than ninety days from and after the affective date of this ordinance unless otherwise extended by the Town Council. Section 6. The Town Council based upon the above findings, specifically finds and states that it is the opinion of the Council that an emergency exists, and that this ordinance is immediately necessary for the protection of the public health, safety and welfare, and the provision of this ordinance shall take a full force and affect upon adoption, an accordance with the Charter of the Town of Vail, as an emergency measure. INTRODUCED, READ, PAST AND ADOPTED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED IN FULL, THIS 18th day of December, 1979. _~, `~ ~ >~ Ma~'or C ~ /~ ~ -" ATTEST: !C Tow C`ierk ' ~ •~ •~ • • Ordinance No. ~ ~~~ Page 4 INTRODUCED ON SECOND READING, READ, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS ~ ~ DAY OF l.~C- ~'(,v`L~~-- ,1979. f'+ j r Mayor ~ ATTEST: Town er i town of uaill~ box 100 vail, Colorado 81657 (303) 476-5613 office of the town manager December 4, 1979 Town Council Town of Vail P.O. Box 100 Vail, Colorado 81657 RE: Supplemental Appropriation regarding the attached Memorandum from the Town Finance Department Councilmembers: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, I hereby certify that based on apparently reliable information from the Finance Department there are available for appropriation expected revenues in excess of those estimated in the 1979 Budget and Financial Plan for the Town of Vail which will enable the Town Council to make a supplemental appropriation referred to above. Accordingly, I recommend that the Town Council promptly enact a supplemental appropriation ordinance for these purposes. Sincerely, Richard Caplan Town Manager RC/di Subscribed and sworn to before me t is 4th day of December, 1979. Notary Public ~ / County of Eagle/Sta C of/Colorado My Commission expires: • ~~ To: F,ichard Caplan From: Bill Pyka, Finance Director Date: Dr cen~ber 4, 1979 Re: 7 979 Sut~ple~lu>ntal Appropriation As is the practice from year to year, the Council has approved various additional expenditures throughout the year. These actions are formalized through a supplemental appropriation at year end. The Council at some point during the year has been apprised of the majority the items requiring this action. The following is a brief summary of expenditures requiring a supplemental appropriation prior to year end. General Find: (a) To;:*n Council - Various public re7.ations events & opening_ of 6,000 Dobson Ice Arena (b) Town Clerk - Contract labor for voter registration & 1,000 business inventory (C) Tiunicipal Court - 1`tunicipal Judge salary adjustment 3,000 (d) Town *tanager - Expenditures for travel rind lodging 6,000 Town Manager candidates (e) Personel - $6,000 salaries for Minturn Town Manager 6,000 (budget as a net expenditure, but should be budgeted as a gross expenditure and add- itional revenue shown sePerately.) (f) Town Attorney - Additional salary for Assistant Town 2,000 Attorney for November and December (g) Office Support - Additional expenditures for office 4,500 supplies and of{ice equipment repair (h) Community Development - Additional electrical inspection 7,500 and clan check fees (contract labor) Air Quality monitoring expenditures 4,000 (funded by a grant) (1) Bus Transportation - Additional repairs & maintenance F0,000 (j) Community Support - VRA Summer T. ~'. advertising 25,000 N~.'COG Denver [~7ater Board law suit support 5,000 Symposium (additional revenue Univ. of Colo) 11,000 ,~ Pale 2 (k) Peuc.f i.ts and Overlic~.cl - l.iabi l.i t:y In~,urr+;zce additional 10, 000 »rcm:i_ums Tntexest on sl+ort Germ borrow:i.n~ 6,000 (1) Contin):ency 50, 000 Total General. rund $22.7,000 (ri]) C)pen Space ~tr+d C+}%i.t~al. Improver.~ents ~~'unrl: parriJ.lo land acqu i.:,i_tion $ 68,!+00 Additional. Dobson Arena Improvc~zaents .`,'0,000 CCI. Study (Cage T)av:i_s) 10,000 Tota'1 Onen Space and C:tpi.tal lmprovc:mcnts $7.28,400 (n) Vasil 'I'r.ansportat.ion Center Oper.at:ink 1?uncl: Cash Roister (Capita] Outlay) $ 24,000 Additional );uildint l:oairs 6,000 Additional Transfer to llebt Service 20,000 Total Vail Transpor.t:ation Center Operati_n" Fund $ 52,000 (~) Heavy F,gui pme~nt Fund: This budnet modificaY_ion is necessary because of: an $1.20,000 accounting procedural. chani;e in the manu~~r in whi"ch the Town reports rc~nair.s to busses and s~lc of gasoline to the bus dept. '1'l~is a.npr.opr.iati.on :i_s rcoired for accounting, purposes and has no budgetary impact. (p) Police Pension: Appropriation f_or payment of: etnp7oyec~s contribution to $ 20,000 the Po_licemcn.'s ?'ens:,:i.on fund made to poli;_e officers who terminated em171oyinent cl.ur:ing the yertr. (d) Real Estate '!'ransCe_r `I'an htknd: Contract w:i.th D. 1.'a] ker Ln ne+=,oi:iai:e acgt~.i si t:ion of $ 54, 000 open space. Downpayment an ~tevcr+' ~; I'~:irccl. 10, 000 Total Ren7. latatc `1'ranr,fcr Ta:c l~'und S G~+,00(i (r) l)nb~;on Ar.~~nr+ O Heratstn;*, l~nrzd: --- - ----__----- _-- --1_ ._ .---- -- - --._.. Addi t.ona l ohc.~ra t i n~; c::i~cnre:, t undcd by a~lcl i t_ onc+ l $ 90, 0;)tl arc.rz.r };cn~~rnCed rc~vc~nuo:. / y J ~`. ..-, • page 3~ (S) Y•.cc.r.cat i on S~sec__i a1 T.f~vcnuc° ]"~7ud t Addition~~1 expenditure; partial.].;' f`u~zded by 5159000 $ 25,000 actclitional revenue (t) Dobson Arena Construction Fund: To appropriate the unexpended balance in this fu«d as of 12/31/75 for 1979 and to appronr.i_atc~ the Oven Space and Capital Improvements Contribution for add-it:i.onal items, The appropri.a.tion is for accounting p>>rposes only and his no budgetary :i.mnact. (u) Special Asses.,ment District (]3i~;horn Street ?'avinf,} : To appropriate funds f:ar pr.inci.pal anal interest payments P.evenue i.s provided from assessments co]_J_ectc:d. $7513, 000 $1.24,000