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HomeMy WebLinkAbout2023-Proof of Publication PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of January 2023. Witness my hand and seal this 18th day of January 2023. Stephanie Bibbens Town Clerk 1 1/11/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@D40BA1B4\@BCL@D40BA1B4.DOCX ORDINANCE NO. 1 SERIES 2023 AN ORDINANCE AMENDING SECTION 4-14-4 OF THE VAIL TOWN CODE, REGARDING INSURANCE FOR SHORT-TERM RENTALS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section Chapter 4-14-4 of the Vail Town Code is hereby amended as follows: 4-14-4: INSURANCE: Every STR shall be continuously insured, with minimum limits of $1,000,000. The insurance may be in any of the following forms: property liability insurance; commercial liability insurance; or an endorsement to a homeowner’s policy for coverage of STR activities. Insurance provided by online STR platforms does not qualify as valid insurance under this subsection. 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 Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4.The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 6.Effective Date. This ordinance shall take effect as provided by the Vail Town Charter. 2 1/11/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@D40BA1B4\@BCL@D40BA1B4.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of January, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of February, 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of February 2023. Witness my hand and seal this 8th day of February 2023. Stephanie Bibbens Town Clerk 1 2/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\STR-O011123 (1).DOCX ORDINANCE NO. 1 SERIES 2023 AN ORDINANCE AMENDING SECTION 4-14-4 OF THE VAIL TOWN CODE, REGARDING INSURANCE FOR SHORT-TERM RENTALS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section Chapter 4-14-4 of the Vail Town Code is hereby amended as follows: 4-14-4: INSURANCE: Every STR shall be continuously insured, with minimum limits of $1,000,000. The insurance may be in any of the following forms: property liability insurance; commercial liability insurance; or an endorsement to a homeowner’s policy for coverage of STR activities. Insurance provided by online STR platforms does not qualify as valid insurance under this subsection. 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 Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 6. Effective Date. This ordinance shall take effect as provided by the Vail Town Charter. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of January, 2023 and a 2 2/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\STR-O011123 (1).DOCX public hearing for second reading of this Ordinance set for the 7th day of February, 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 7th day of February, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of February 2023. Witness my hand and seal this 22nd day of February 2023. Stephanie Bibbens Town Clerk 1 ORDINANCE NO. 2 SERIES 2023 AN ORDINANCE AMENDING SECTION 12-11-4 OF THE VAIL TOWN CODE CONCERNING RENOVATIONS TO JOINTLY OWNED PROPERTIES WHEREAS, C.R.S. § 38-30-168 establishes that covenants that restrict or effectively prohibit the ability of property owners to install renewable energy generation devices upon their property are void and unenforceable; and WHEREAS, Section 12-11-4 of the Vail Town Code allows an owner within a jointly-owned property to prevent other owners from exercising these rights. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-4 of the Vail Town Code is amended to read a s follows: 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: ** * (B)Conceptual Design Review: (1)Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review is shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two- family residences, although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: ** * (d)Application form. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners' association is shall be required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application 2 is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended. ** * C.Preliminary and final design review ** * 6.Additional requirements. In addition to the above requirements, the Department of Community Development may require any or all of the following: ** * (l)Form and fee. Application form and appropriate fee. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners' association is shall be required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended. 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. 3 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of March 2023. Witness my hand and seal this 8th day of March 2023. Stephanie Bibbens Town Clerk 1 ORDINANCE NO. 2 SERIES 2023 AN ORDINANCE AMENDING SECTION 12-11-4 OF THE VAIL TOWN CODE CONCERNING RENOVATIONS TO JOINTLY OWNED PROPERTIES WHEREAS, C.R.S. § 38-30-168 establishes that covenants that restrict or effectively prohibit the ability of property owners to install renewable energy generation devices upon their property are void and unenforceable; and WHEREAS, Section 12-11-4 of the Vail Town Code allows an owner within a jointly-owned property to prevent other owners from exercising these rights. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-4 of the Vail Town Code is amended to read a s follows: 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: ** * (B)Conceptual Design Review: (1)Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review is shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two- family residences, although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: ** * (d)Application form. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners' association is shall be required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application 2 is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended. ** * C.Preliminary and final design review ** * 6.Additional requirements. In addition to the above requirements, the Department of Community Development may require any or all of the following: ** * (l)Form and fee. Application form and appropriate fee. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners' association is shall be required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended. 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. 3 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of February 2023. Witness my hand and seal this 22nd day of February 2023. Stephanie Bibbens Town Clerk 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX ORDINANCE NO. 3 SERIES 2023 AN ORDINANCE AMENDING TITLE 3 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 7, ESTABLISHING THE BUILDING AND FIRE CODE APPEALS BOARD, AND AMENDING TITLE 10 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 10-1-13, ESTABLISHING PROCEDURES FOR THE APPEALS PROCESS. WHEREAS, the Town's adopted building and fire codes require the Town to establish a Board of Appeals; WHEREAS, previously, the section of the Vail Town Code establishing the appeals process for the Building and Fire Code Appeals Board was included in Title 10 but was inadvertently deleted with the latest code adoption; and WHEREAS, the Vail Town Council finds it in the best interest of the public health, safety, and welfare to adopt these amendments to the Vail Town Code. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 3 of the Vail Town Code is hereby amended by the addition of a new Chapter 7, to read as follows: CHAPTER 7 BUILDING AND FIRE CODE APPEALS BOARD 3-7-1: BOARD ESTABLISHED: The Building and Fire Code Appeals Board (the "Board") is hereby established. 3-7-2: POWERS AND DUTIES: A. The Board shall be authorized to: 1. Hear and decide upon appeals of an order, decision, determination, or interpretation made by the Building Official or the Fire Code Official under Section 10-1-13 of this Code. 2. Assist the Building Official and the Fire Code Official with determining code compliance of alternative materials, designs and methods of construction and equipment. 2 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX 3. Make recommendations to the Town Council on matters relating to building and fire code adoption, compliance, intent, modification, and amendment. 3-7-3: MEMBERSHIP: A. Appointment. The Board shall consist of seven (7) members, all appointed by the Town Council. In addition, the Building Official and Fire Code Official shall be ex officio members of the Board, but shall have no voting rights, shall not be counted towards a quorum, and shall not participate in any appeal made to the Board. B. Qualifications. Each member shall be qualified by experience, knowledge, and training to pass on matters pertaining to building construction, codes and standards, hazards of fire or fire protection systems, such as: a licensed architect; a licensed engineer with structural, mechanical, electrical, or fire protection engineering experience; a construction company owner, executive, superintendent, or other manager; or any other individual with similar experience, knowledge, and training. No Board member shall be an employee of the Town. C. Terms. The term for each Board member shall be four (4) years, provided that terms be staggered, and shorter terms may be required to maintain the stagger. All terms shall expire on March 31. Section 3-1-1 of this Code shall not apply to this Board. D. Removal. Board members may be removed by the Town Council for inefficiency, neglect of duty, failure to attend meetings, or malfeasance in office; provided that prior to such removal, the Board member shall receive written notice of the charges supporting removal and shall have an opportunity to be heard. E. Vacancies. If a vacancy occurs in the middle of a Board member's term, the Town Council shall appoint a successor to fill the vacancy and the new member shall serve the remainder of the term of the former member. 3-7-5: PROCEDURES: A. The Board shall establish policies and procedures necessary to carry out its duties. The procedures shall not require compliance with strict rules of evidence or procedure but shall mandate that only relevant information be presented. B. The Board shall meet once per month, as necessary. All Board meetings shall comply with the Colorado Open Meetings Law, C.R.S. § 24- 6-401, et seq. 3 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX C. The Board shall annually select one of its members to serve as Chair and another to serve as Vice-Chair. The Chair, or in the Chair's absence, the Vice-Chair, shall be the presiding officer at Board meetings. In the absence of both the Chair and the Vice-Chair, the Board members present shall appoint a member to serve as acting Chair at said meeting. D. A quorum of the Board shall be four (4) members. A simple majority of Board members present shall be required for the Board to take any action. E. Any Board member with a conflict of interest related to any matter before the Board shall declare such interest and recuse themselves from any discussion, deliberation or vote on such matter. F. All appeals made to the Board shall be in accordance with Section 10-1-13 of this Code. Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the addition of the following new Section 10-1-13: 10-1-13: APPEALS: A. Appeal of Building Official or Fire Code Official actions: 1. Authority: The Building and Fire Code Appeals Board (the "Board") shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The Board shall not have the authority to waive any specific requirement of this code. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official or Fire Code Official. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of any decision being appealed. Upon the filing of the appeal, the Building Official 4 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX shall gather and forward all records concerning the subject matter of the appeal to the Board. ii. The appeal shall be considered by the Board at its next regularly scheduled meeting. iii. The Board may affirm, reverse, or modify the action of the Building Official or Fire Code Official, or schedule a hearing. Failure of the Board to act within fourteen (14) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official or Fire Code Official. iv. If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of fourteen (14) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days. 4. Findings: The Board shall, on all appeals, make findings of fact based on the evidence presented, as to how the requirements of the applicable Code have or have not been met. B. Appeal of Board actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation of the Board. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation of the Board. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination, or interpretation of the Board. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Board’s decision. Upon the filing of the appeal, the Building Official shall gather and forward all records concerning the subject matter of the appeal to the Town Council. ii. The Town Council shall consider the appeal at its next regularly scheduled meeting. iii. The Town Council may confirm, reverse, or modify the action of the Board. 5 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX 4. Decision: The Town Council may affirm, reverse, or modify the action of the Board. The Town Council shall make findings of fact based the evidence presented. 5. Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4). Section 3. Effective Date. This Ordinance shall become effective on or after April 1, 2023. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The 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 6. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of February, 2023 and a public hearing for second reading of this Ordinance is set for the 7th day of March, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ 6 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of March, 2023. _______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of March 2023. Witness my hand and seal this 8th day of March 2023. Stephanie Bibbens Town Clerk 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX ORDINANCE NO. 3 SERIES 2023 AN ORDINANCE AMENDING TITLE 3 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 7, ESTABLISHING THE BUILDING AND FIRE CODE APPEALS BOARD, AND AMENDING TITLE 10 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 10-1-13, ESTABLISHING PROCEDURES FOR THE APPEALS PROCESS. WHEREAS, the Town's adopted building and fire codes require the Town to establish a Board of Appeals; WHEREAS, previously, the section of the Vail Town Code establishing the appeals process for the Building and Fire Code Appeals Board was included in Title 10 but was inadvertently deleted with the latest code adoption; and WHEREAS, the Vail Town Council finds it in the best interest of the public health, safety, and welfare to adopt these amendments to the Vail Town Code. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 3 of the Vail Town Code is hereby amended by the addition of a new Chapter 7, to read as follows: CHAPTER 7 BUILDING AND FIRE CODE APPEALS BOARD 3-7-1: BOARD ESTABLISHED: The Building and Fire Code Appeals Board (the "Board") is hereby established. 3-7-2: POWERS AND DUTIES: A. The Board shall be authorized to: 1. Hear and decide upon appeals of an order, decision, determination, or interpretation made by the Building Official or the Fire Code Official under Section 10-1-13 of this Code. 2. Assist the Building Official and the Fire Code Official with determining code compliance of alternative materials, designs and methods of construction and equipment. 2 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX 3. Make recommendations to the Town Council on matters relating to building and fire code adoption, compliance, intent, modification, and amendment. 3-7-3: MEMBERSHIP: A. Appointment. The Board shall consist of seven (7) members, all appointed by the Town Council. In addition, the Building Official and Fire Code Official shall be ex officio members of the Board, but shall have no voting rights, shall not be counted towards a quorum, and shall not participate in any appeal made to the Board. B. Qualifications. Each member shall be qualified by experience, knowledge, and training to pass on matters pertaining to building construction, codes and standards, hazards of fire or fire protection systems, such as: a licensed architect; a licensed engineer with structural, mechanical, electrical, or fire protection engineering experience; a construction company owner, executive, superintendent, or other manager; or any other individual with similar experience, knowledge, and training. No Board member shall be an employee of the Town. C. Terms. The term for each Board member shall be four (4) years, provided that terms be staggered, and shorter terms may be required to maintain the stagger. All terms shall expire on March 31. Section 3-1-1 of this Code shall not apply to this Board. D. Removal. Board members may be removed by the Town Council for inefficiency, neglect of duty, failure to attend meetings, or malfeasance in office; provided that prior to such removal, the Board member shall receive written notice of the charges supporting removal and shall have an opportunity to be heard. E. Vacancies. If a vacancy occurs in the middle of a Board member's term, the Town Council shall appoint a successor to fill the vacancy and the new member shall serve the remainder of the term of the former member. 3-7-5: PROCEDURES: A. The Board shall establish policies and procedures necessary to carry out its duties. The procedures shall not require compliance with strict rules of evidence or procedure but shall mandate that only relevant information be presented. B. The Board shall meet once per month, as necessary. All Board meetings shall comply with the Colorado Open Meetings Law, C.R.S. § 24- 6-401, et seq. 3 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX C. The Board shall annually select one of its members to serve as Chair and another to serve as Vice-Chair. The Chair, or in the Chair's absence, the Vice-Chair, shall be the presiding officer at Board meetings. In the absence of both the Chair and the Vice-Chair, the Board members present shall appoint a member to serve as acting Chair at said meeting. D. A quorum of the Board shall be four (4) members. A simple majority of Board members present shall be required for the Board to take any action. E. Any Board member with a conflict of interest related to any matter before the Board shall declare such interest and recuse themselves from any discussion, deliberation or vote on such matter. F. All appeals made to the Board shall be in accordance with Section 10-1-13 of this Code. Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the addition of the following new Section 10-1-13: 10-1-13: APPEALS: A. Appeal of Building Official or Fire Code Official actions: 1. Authority: The Building and Fire Code Appeals Board (the "Board") shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The Board shall not have the authority to waive any specific requirement of this code. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official or Fire Code Official. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of any decision being appealed. Upon the filing of the appeal, the Building Official 4 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX shall gather and forward all records concerning the subject matter of the appeal to the Board. ii. The appeal shall be considered by the Board at its next regularly scheduled meeting. iii. The Board may affirm, reverse, or modify the action of the Building Official or Fire Code Official, or schedule a hearing. Failure of the Board to act within fourteen (14) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official or Fire Code Official. iv. If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of fourteen (14) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days. 4. Findings: The Board shall, on all appeals, make findings of fact based on the evidence presented, as to how the requirements of the applicable Code have or have not been met. B. Appeal of Board actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation of the Board. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation of the Board. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination, or interpretation of the Board. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Board’s decision. Upon the filing of the appeal, the Building Official shall gather and forward all records concerning the subject matter of the appeal to the Town Council. ii. The Town Council shall consider the appeal at its next regularly scheduled meeting. iii. The Town Council may confirm, reverse, or modify the action of the Board. 5 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX 4. Decision: The Town Council may affirm, reverse, or modify the action of the Board. The Town Council shall make findings of fact based the evidence presented. 5. Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4). Section 3. Effective Date. This Ordinance shall become effective on or after April 1, 2023. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The 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 6. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of February, 2023 and a public hearing for second reading of this Ordinance is set for the 7th day of March, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ 6 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of March, 2023. _______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of February 2023. Witness my hand and seal this 22nd day of February 2023. Stephanie Bibbens Town Clerk 1 2/15/2023 ORDINANCE NO. 4 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL AMENDING SECTION 4-1-6 OF THE VAIL TOWN CODE TO EXEMPT CERTAIN BUSINESSES FROM LOCAL BUSINESS LICENSE REQUIREMENTS WHEREAS, Senate Bill 22-032 eliminated fees for local business licenses for certain businesses without a physical presence or with only an incidental physical presence in the local taxing jurisdiction; and WHEREAS, the Town desires to amend its business license application process to comply with Senate Bill 22-032. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-1-6 of the Vail Town Code is amended by the addition of the following language: * * * (C)A business that has a state standard retail license and makes retail sales within the Town, but has no physical presence in the Town, or only has an incidental presence in the Town, shall be exempt from the requirements of 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 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 2 2/15/2023 shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of February, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of March, 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 7th day of March, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of March 2023. Witness my hand and seal this 8th day of March 2023. Stephanie Bibbens Town Clerk 1 3/2/2023 S:\FINANCE\BUDGET\BUDGET 23\TOWN COUNCIL MEMOS\022123 BL ORDINANCE.DOCX ORDINANCE NO. 4 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL AMENDING SECTION 4-1-6 OF THE VAIL TOWN CODE TO EXEMPT CERTAIN BUSINESS FROM LOCAL BUSINESS LICENSE REQUIREMENTS WHEREAS, Senate Bill 22-032 eliminated fees for local business licenses for certain businesses without a physical presence or with only an incidental physical presence in the local taxing jurisdiction; and WHEREAS, the Town desires to amend its business license application process to comply with Senate Bill 22-032. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-1-6 of the Vail Town Code is amended by the addition of the following language: ** * (C)A business that has a state standard retail license and mak es retail sales within the Town, but has no physical presence in the Town, or only has an incidental presence in the Town, shall be exempt from the requirements of 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 Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, cl ause 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 2 3/2/2023 S:\FINANCE\BUDGET\BUDGET 23\TOWN COUNCIL MEMOS\022123 BL ORDINANCE.DOCX shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of February, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of March, 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 7th day of March, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of March 2023. Witness my hand and seal this 8th day of March 2023. Stephanie Bibbens Town Clerk 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX ORDINANCE NO. 5 SERIES 2023 AN ORDINANCE ADDING A NEW CHAPTER 15 TO TITLE 4 OF THE VAIL TOWN CODE, TO REGULATE PRIVATE SECURITY GUARDS AND PRIVATE SECURITY EMPLOYERS WHEREAS, the Town Council of the Town of Vail desires to regulate security guards and private security employers within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 15, to read as follows: CHAPTER 15 SECURITY GUARDS AND PRIVATE SECURITY EMPLOYERS 4-15-1: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings: BACKGROUND CHECK. A national criminal history records check conducted by the Federal Bureau of Investigation upon submission of fingerprint records and all required documents. BODILY HARM. Physical damage to a person's body for which medical attention was provided, including cuts, burns, disfigurement, concussion, loss of consciousness, or any impairment of physical condition. CONDUCTIVE ENERGY WEAPON. A device capable of temporarily immobilizing a person by the infliction of an electrical charge, including without limitation but not limited to stun guns and tasers. DEPARTMENT. The Vail Police Department. PERSONAL PROTECTIVE SERVICES. A private arrangement where one or more qualified individuals, for a fee or other consideration, provide services to ensure the safety of another specific individual or group who may be exposed to elevated personal risk because of their employment, financial status, associations or fame. PRIVATE SECURITY EMPLOYER. An employer that employs security guards to provide security services in the Town. SECURITY GUARD. A person employed by a private security employer to provide security services in the Town. SECURITY SERVICES. Any of the following activities: (A)Observing, investigating, or reporting unlawful activity; 2 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (B)Preventing or detecting theft or misappropriation of goods, money, or other items of value; (C)Protecting individual or property from harm or misappropriation; (D)Taking enforcement action by physically detaining or ejecting persons from premises; or (E)Controlling access to premises. WEAPON. A conductive energy weapon, oleoresin capsicum ("OC") aerosol spray, baton, or any other "dangerous or illegal weapon" as defined by C.R.S. § 18-12-102. 4-15-2: LICENSE REQUIRED: (A)Security guards. It is unlawful for any person to act as a security guard without first obtaining a license as provided by this Chapter. (B)Private security employers. It is unlawful to operate as a private security employer without first obtaining a license as provided by this Chapter. (C)Exceptions. This Chapter shall not apply to: (1)Law enforcement officers while engaged in the performance of their official duties or while engaged in off-duty employment; (2) Personal protective services; (3)An individual while protecting the individual's own property; (4)A Town employee while engaged in the performance of their assigned job duties; or (5)An individual providing guest services, including without limitation a ticket vendor, ticket taker, usher, door attendant, identification checker, parking attendant, traffic controller, crowd monitor, or event staff, if such individual does not: carry a weapon; wear a uniform or clothing readily identifiable by the public as that worn by a security guard or law enforcement officer; have the authority or permission to initiate confrontational activities, including physical contact and the confiscation of property; or have the authority to physically detain or eject persons from the premises. (D)Nontransferable. A license granted pursuant to this Chapter is not transferable. (E)Posting. A private security employer license shall at all times be posted in a conspicuous place in the licensee's principal place of business. 4-15-3: APPLICATION; ISSUANCE: (A)Security guard license. An application for a security guard license shall be filed with the Department on a form provided by the Department. 3 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX Every application for a security guard license shall contain all of the following information: (1)The name of the private security employer by whom the applicant will be employed, the address of the employer, the nature of the services to be rendered. (2)A list of any criminal convictions of the applicant, including the date and location of each offense, the nature of the offense and the penalty or punishment imposed. (3)A background check as defined in this Chapter, provided by the applicable private security employer, completed no more than sixty (60) days before the application date. (4)Verification of a successful completion of a basic security guard training program as provided by this Chapter, completed no more than sixty (60) days before the application date. (5)Any additional relevant information required by the Department. (B)Private security employer license. An application for a private security employer license shall be filed with the Department on forms provided by the Department, and shall including all of the following information: (1)The name of the private security employer, the address of its principal place of business, and the name and address of each principal and managing agent. (2)A description of the specific types of services to be offered. (3)A description and photograph of the uniform and badges to be worn by the security guards. (4)A list of any criminal convictions for each principal and managing agent, including the date and location of the offense, the nature of the offense and the penalty or punishment imposed. (5)An affidavit attesting that each of its security guards is duly licensed pursuant to this Chapter. (6)Certificates of insurance demonstrating the minimum insurance coverage as required by this Chapter. (7)Any additional relevant information required by the Department. (C)Grounds for denial. An application for a security guard license or a private security employer license under this Chapter may be denied under the following circumstances: (1)The issuance of a license to the applicant would not comply with any applicable law, rule or regulation. 4 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (2)The applicant owes any outstanding fines, assessments, taxes or fees to the Town; (3)The applicant has an outstanding warrant for their arrest. (4)The application contains any fraudulent or false statement or material misrepresentation; (5)The applicant is under eighteen (18) years of age; (6)The applicant has been convicted of or released from incarceration for any felony within five (5) years of the application date; (7)The applicant has been convicted of or released from incarceration for any misdemeanor offense involving fraud, theft, deceit, or misrepresentation within five (5) years of the application date; (8)The applicant has been convicted of or released from incarceration for any offense involving an act of violence against persons or property within five (5) years of the application date, including without limitation, assault, child abuse, and offenses where the underlying factual basis has been found to include any act of domestic violence. (9)The applicant has been previously denied a license under this Chapter or has had a license issued under this Chapter revoked within five (5) years of the application date. (10)The applicant has been convicted of operating without a license required by Chapter or performing any act for which a license is required by this Chapter. (11)The applicant is unable to provide sufficient verification that they are physically and mentally capable of performing security services in a manner that will not jeopardize the public health, safety, or welfare of any person. (12)The applicant's character and reputation show a pattern of conduct or personal history that does not demonstrate honesty, fairness, and respect for the rights of others or for the law. (C)Issuance. Within 30 days of the filing of a complete application, the Department shall issue the license or shall issue a written statement explaining why the license was denied. 4-15-4: SECURITY GUARD LICENSE ENDORSEMENTS: (A)Plainclothes endorsement. (1)A security guard shall not work in plainclothes without first receiving an endorsement from the Department authorizing them to do so. (2)A security guard that intends to seek a plainclothes endorsement shall submit with their initial or renewal application, a letter of request describing why plainclothes are necessary. The request shall: 5 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (a)Be documented on the private security employer's letterhead; (b)Describe the nature and context of each business or event for which the applicant seeks plainclothes status, including time and location; and (c)Include an explanation for the necessity of plainclothes status. (3)A plainclothes license endorsement shall be effective only for the times, events and locations identified on the application. A security guard shall provide notice to the Department prior to adding additional times, events or locations to the plainclothes endorsement, no less than seventy-two (72) hours prior to the first time or event. (4)The plainclothes endorsement is associated only with specific private security employer. (B)Firearms endorsement. (1)A security guard shall not carry a firearm while acting as a security guard without first receiving an endorsement from the Department authorizing them to do so. No security guard under twenty-one (21) years of age may carry a firearm while acting as a security guard. (2)A security guard who intends to seek a firearms endorsement shall submit with application a letter of request describing the need to carry a firearm. The request shall: (a)Be documented on the private security employer's letterhead; (b)Include an explanation for the necessity of a firearms endorsement for the security guard; (c)Include a statement from the private security employer stating that they are not aware of any mental, physical, or emotional condition that would disqualify the applicant from possession of a firearm; and (d)Include a statement from the private security employer releasing the Town from any liability related to the request to arm the employee. (3)If the security guard wishes to obtain a plainclothes endorsement in addition to a firearms endorsement, a valid copy of their concealed handgun permit must be included. It is unlawful for a security guard to work in plainclothes and open-carry a firearm while providing security services. (4)A firearms endorsement shall be effective only for the term of the underlying security guard license. (5)A firearms endorsement is associated only with a request related to a specific private security employer. 6 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (6)A security guard who has obtained a firearms endorsement shall not carry more than one (1) firearm at any times while providing security services. 4-15-5: PRIVATE SECURITY EMPLOYER LICENSE ENDORSEMENTS: (A)Weapons endorsement. (1)A private security employer shall not provide or otherwise authorize the use of any weapon, without first receiving a weapons endorsement from the Department. (2)A private security employer that intends to seek a weapons endorsement shall submit with its application, a letter of request describing why the weapons are necessary. The request shall: (a)Be documented on the private security employer's letterhead; (b)Identify the types of weapons to be provided or authorized for use; (c)Include an explanation of the necessity of the weapons endorsement, including the name, dates and information related to any public or private event for which the weapons endorsement is requested; (d)Include a statement certifying that all security guards that will be provided or otherwise authorized to use the identified weapons will have successfully completed training specific to said weapons before carrying or using said weapons; and (e)Include a statement from the private security employer releasing the Town from any liability related to the request for a weapons endorsement. (3)A weapons endorsement shall be effective only for the term of the private security employer license. (4)A weapons endorsement shall only be provided for weapons that are approved for use by the Department. The weapons endorsement is associated only with the specific weapons outlined in the request. A private security employer shall not add or modify the weapons it provides or authorizes without prior approval from the Department. (B)Vehicle endorsement. (1)A private security employer shall not authorize the use of vehicles for security services without first receiving a vehicle endorsement from the Department. (2)A private security employer that intends to seek a vehicle endorsement shall submit with its application a written request to use vehicles. The request shall include either photographs or a rendering of 7 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX each proposed vehicle design that depicts the front, back, and sides of the vehicle in full color, including any insignias. (3)A vehicle endorsement shall be effective only for the term of the private security employer's license. (4)A vehicle endorsement is associated only with the specific vehicle design disclosed to the Department. 4-15-6: TERM: Unless the license granted pursuant to this Chapter is granted only for a specific public or private event, a license granted under this Chapter shall be valid for a period of one (1) year from the date of issuance, unless suspended or revoked earlier. Any firearm endorsement, plainclothes endorsement, weapons endorsement or vehicle endorsement shall expire at the same time as the license. 14-5-7: RENEWAL: (A)Security guard license. Applications for renewal of a security guard license shall include: (1)A background check completed by the applicable private security employer, no more than sixty (60) days before the renewal application check; (2)Any additional relevant information required by the Department. (B)Private security employer license. Applications for renewal of a private security employer license shall include: (1)An affidavit attesting that each security guard is duly licensed pursuant to this Chapter; (2)Updated certificates of insurance; and (3)Any additional relevant information required by the Department. (C)Grounds for denial. The Department may refuse to renew a license for any of the grounds stated in Section 4-15-3(C). 4-15-8: IDENTIFICATION: (A)Identification card. In addition to a license, each security guard shall be issued an identification card which shall contain, at a minimum, the following information: (1)The license type and license number; (2)The issuance date and expiration date of the license; (3)The name and a recent photograph of the cardholder; (4)A firearm endorsement, if applicable; and 8 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (5)A plainclothes endorsement, if applicable. (B)Location. The security guard shall carry the identification card on their person at all times when performing security services, and shall exhibit the card upon request by a law enforcement officer or other Town official. Security guards who have been granted a firearms endorsement shall wear their identification card on the outermost part of their uniform in a clearly visible manner at all times when performing security services; a plainclothes endorsement does not exempt any security guard from this requirement. 4-15-9: TRAINING: (A)Verification. With an application for a security guard license, the applicant shall provide verification of successful completion of at least the basic security guard training program no more than sixty (60) days before the application date. The training verification shall identify, at a minimum, the applicant's name, the courses taken, the number of training hours obtained, the date(s) of training, and the name of the training provider. (B)Basic training program. The basic training program shall include at least sixteen (16) hours with a certified training provider, covering the following topics, at a minimum: (1)Duties of a security guard; (2)Communication procedures and protocol; (3)Interaction with law enforcement; (4)Use of force, including the use of oleoresin capsicum ("OC") aerosol spray; (5)Cardiopulmonary resuscitation; (6)De-escalation training; and (7)Any additional training required by the Department. (C)Annual training. In addition to the basic training program, each security guard shall complete eight (8) hours of annual training with an eligible training provider, covering the topics described in subsection (B) hereof. (D)Weapons training. A private security employer requesting a weapons endorsement shall provide verification that its employees underwent training specific to the weapons used. (E)Training provider certification. Training providers shall be approved in the discretion of the Department. In determining whether to approve a training provider, the Department may consider the following factors: (1)The experience of the trainer, consultant, industry expert, or person providing the training; 9 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (2)Whether the trainer has tenure with federal, state, or local law enforcement agencies; (3)Copies of the training provider's lesson plans, curricula, and materials. 4-15-10: INSURANCE: (A)Private security employers shall maintain the following minimum insurance coverages at all times: (1)Workers' compensation and employers' liability insurance as required by law. (2)If vehicles are used to provide security services, automobile liability insurance with a minimum policy limit of five hundred thousand dollars ($500,000). (3)Commercial general liabilityinsurance with a policy limit of two million dollars ($2,000,000) combined single limit for bodily injury and property damage for each occurrence. (B)Notice of any change in insurance shall be provided to the Department within seventy-two (72) hours. The suspension, voiding, nonrenewal, cancellation, or reduction of insurance is cause of automatic suspension of the license until the coverage is reinstated. 4-15-11: INDEMNIFICATION: Each security guard and private security employer licensed under this Chapter shall indemnify and hold harmless the Town and its officers, agents, and employees from all suits, actions, damages, claims or injuries to any person or property due to any act or omission of the licensee, its agents or employees, or due to the failure of the licensee to observe any provision of this Chapter. 4-15-12: UNIFORMS AND BADGES: (A)Unless they hold a plainclothes endorsement provided by this Chapter, all security guards shall wear a uniform while performing security services. All uniforms shall be presented to the Department for approval prior to being issued by any private security employer to any security guards, and upon approval uniforms shall not be changed except with further approval from the Department. (B)The outer uniform shall prominently display the following: (1)A badge or patch containing the words "security", "private security", "security guard", or "guard." (2)A badge, patch, or nametag containing the guard's name. (3)A badge or patch containing the name of the private security employer. 10 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (C)It is unlawful for any person, while performing or providing security services, to wear a uniform or badge similar to that worn by any law enforcement agency. (D)It is unlawful for any person to wear or display any badge, insignia, shield, patch, or pattern that indicates or implies that the person is a law enforcement officer. (E)It is unlawful for any person, while performing security services, to wear a uniform or badge that contains the words "police" or "officer." 14-15-13: VEHICLES: (A)All vehicles used for security services shall be approved by the Department, and once determined, shall not be changed without approval from the Department. (B)It is unlawful for any person, while providing or performing security services within the Town, to use or operate any vehicle displaying the word "police" “patrol” or "officer", or displaying any sign, shield, marking, or insignia that indicates or implies that the vehicle is operated by a law enforcement agency. (C)It is unlawful for any person to equip vehicles used to perform security services in any manner resembling any authorized emergency vehicle, including lights or sirens. 4-15-14: WEAPONS: (A)Batons. A private security employer that is permitted to issue batons to its employees shall only be authorized to issue a baton that meets the following specifications: (1)Length: A baton cannot be longer than twenty-six (26) inches either solid or when fully expanded; (2)Diameter: A baton shall be between one (1) inch to one and one quarter (1.25) inches in diameter; (3)Weight: A baton's weight shall be proportional to its size as specified by the manufacturer; (4)Surface: The ends of the baton shall be rounded blunt with no ridged, or sharp edges; (B)Firearms. Security guards may only carry a firearm with a firearms endorsement. A permit to carry a concealed weapon does not constitute the specific authorization required by this Chapter. The authority to carry firearms includes only the time while the security guard is performing security services while in route to or from the place of business. 4-15-15: CONFISCATION OF PROPERTY: (A)A security guard may temporarily confiscate personal property from an individual only if that property constitutes a security risk or otherwise 11 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX would endanger the health, safety, and welfare of the persons, property, or premises the security guard is employed to protect. (B)Upon confiscation of property from any individual, a security guard shall make a record of the property and store the property in a manner that will allow the individual to identify and retrieve their property upon exiting the premises or at a later time. 4-15-16: REPORTING REQUIREMENTS: (A)Termination or changes in employment. (1)When the employment of a security guard is terminated for any reason, the private security employer shall notify the Department within seventy-two (72) hours of such termination. (2)When the employment of a security guard is terminated for any reason, the security guard shall notify the Department within seventy- two (72) hours of such termination. (3)Any person changing a place of business or adding an employee shall notify the Department of such fact within seventy-two (72) hours, together with the name and address of the new place of business or new employee. (B)Convictions. If a security guard is convicted of a crime, the security guard shall notify the Department within seventy-two (72) hours of such a conviction. (C)Use of force. When a security guard, while providing security services, uses force that results in bodily harm to another person, the security guard shall immediately notify the Department. (D)Changes to principal or managing agent. A private security employer shall notify the Department of any changes to the named principals or managing agents associated with their license within seventy-two (72) hours. Any new principal or managing agent shall receive approval from the Department before acting as the principal or managing agent. 4-15-17: REVOCATION: If the Department receives notice that a person holding a license or endorsement under this Chapter has violated any provision of this Chapter, the Department may revoke the license or endorsement, following reasonable notice and an opportunity to be heard. Upon revocation, the Department shall provide a written statement explaining the grounds for the revocation. 4-15-18: VIOLATION; PENALTY: (A)Violation: It is unlawful for any person to violate any provision of this Chapter, and each day of violation shall be a separate offense. In addition, the following acts shall be considered violations of this Chapter: 12 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (1)For any security guard to detain and hold any person except when that person commits a criminal offense in the presence of the security guard, and it is unlawful for the security guard to fail to immediately release upon request any such person detained to the Department. (2)For any person to draw or fire a firearm while providing security services, except as allowed by C.R.S. §§ 18-1-704 – 18-1-707. (3)For any person, while performing security services, to possess or be accompanied by a canine or to have a canine within a vehicle used for security services. (4)For a security guard or private security employer to hinder or interfere with any investigation under the jurisdiction of the Department or any other law enforcement agency. (5)For any security guard or private security employer to fail to report immediately to the Department all violations of Town, state, or federal laws, or to fail to cooperate in the investigation of such criminal activity when requested by law enforcement. (6)For any person to represent themselves as a law enforcement officer while providing security services. (B)Penalty. Violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code, which shall be in addition to any other penalties allowed by law, including without limitation revocation of a license or endorsement issued under 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 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 13 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX 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 7th day of March, 2023 and a public hearing for second reading of this Ordinance set for the 21st day of March, 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 21st day of March, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 23nd day of March 2023. Witness my hand and seal this 23rd day of March 2023. Stephanie Bibbens Town Clerk 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX ORDINANCE NO. ___ SERIES 2023 AN ORDINANCE ADDING A NEW CHAPTER 15 TO TITLE 4 OF THE VAIL TOWN CODE, TO REGULATE PRIVATE SECURITY GUARDS AND PRIVATE SECURITY EMPLOYERS WHEREAS, the Town Council of the Town of Vail desires to regulate security guards and private security employers within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 15, to read as follows: CHAPTER 15 SECURITY GUARDS AND PRIVATE SECURITY EMPLOYERS 4-15-1: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings: BACKGROUND CHECK. A national criminal history records check conducted by the Federal Bureau of Investigation upon submission of fingerprint records and all required documents. BODILY HARM. Physical damage to a person's body for which medical attention was provided, including cuts, burns, disfigurement, concussion, loss of consciousness, or any impairment of physical condition. CONDUCTIVE ENERGY WEAPON. A device capable of temporarily immobilizing a person by the infliction of an electrical charge, including without limitation but not limited to stun guns and tasers. DEPARTMENT. The Vail Police Department. PERSONAL PROTECTIVE SERVICES. A private arrangement where one or more qualified individuals, for a fee or other consideration, provide services to ensure the safety of another specific individual or group who may be exposed to elevated personal risk because of their employment, financial status, associations or fame. PRIVATE SECURITY EMPLOYER. An employer that employs security guards to provide security services in the Town. SECURITY GUARD. A person employed by a private security employer to provide security services in the Town. SECURITY SERVICES. Any of the following activities: (A) Observing, investigating, or reporting unlawful activity; 2 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX (B) Preventing or detecting theft or misappropriation of goods, money, or other items of value; (C) Protecting individual or property from harm or misappropriation; (D) Taking enforcement action by physically detaining or ejecting persons from premises; or (E) Controlling access to premises. WEAPON. A conductive energy weapon, oleoresin capsicum ("OC") aerosol spray, baton, or any other "dangerous or illegal weapon" as defined by C.R.S. § 18-12-102. 4-15-2: LICENSE REQUIRED: (A) Security guards. It is unlawful for any person to act as a security guard without first obtaining a license as provided by this Chapter. (B) Private security employers. It is unlawful to operate as a private security employer without first obtaining a license as provided by this Chapter. (C) Exceptions. This Chapter shall not apply to: (1) Law enforcement officers while engaged in the performance of their official duties or while engaged in off-duty employment; (2) Personal protective services; (3) An individual while protecting the individual's own property; (4) A Town employee while engaged in the performance of their assigned job duties; or (5) An individual providing guest services, including without limitation a ticket vendor, ticket taker, usher, door attendant, identification checker, parking attendant, traffic controller, crowd monitor, or event staff, if such individual does not: carry a weapon; wear a uniform or clothing readily identifiable by the public as that worn by a security guard or law enforcement officer; have the authority or permission to initiate confrontational activities, including physical contact and the confiscation of property; or have the authority to physically detain or eject persons from the premises. (D) Nontransferable. A license granted pursuant to this Chapter is not transferable. (E) Posting. A private security employer license shall at all times be posted in a conspicuous place in the licensee's principal place of business. 4-15-3: APPLICATION; ISSUANCE: (A) Security guard license. An application for a security guard license shall be filed with the Department on a form provided by the Department. 3 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX Every application for a security guard license shall contain all of the following information: (1) The name of the private security employer by whom the applicant will be employed, the address of the employer, the nature of the services to be rendered. (2) A list of any criminal convictions of the applicant, including the date and location of each offense, the nature of the offense and the penalty or punishment imposed. (3) A background check as defined in this Chapter, provided by the applicable private security employer, completed no more than sixty (60) days before the application date. (4) Verification of a successful completion of a basic security guard training program as provided by this Chapter, completed no more than sixty (60) days before the application date. (5) Any additional relevant information required by the Department. (B) Private security employer license. An application for a private security employer license shall be filed with the Department on forms provided by the Department, and shall including all of the following information: (1) The name of the private security employer, the address of its principal place of business, and the name and address of each principal and managing agent. (2) A description of the specific types of services to be offered. (3) A description and photograph of the uniform and badges to be worn by the security guards. (4) A list of any criminal convictions for each principal and managing agent, including the date and location of the offense, the nature of the offense and the penalty or punishment imposed. (5) An affidavit attesting that each of its security guards is duly licensed pursuant to this Chapter. (6) Certificates of insurance demonstrating the minimum insurance coverage as required by this Chapter. (7) Any additional relevant information required by the Department. (C) Grounds for denial. An application for a security guard license or a private security employer license under this Chapter may be denied under the following circumstances: (1) The issuance of a license to the applicant would not comply with any applicable law, rule or regulation. 4 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX (2) The applicant owes any outstanding fines, assessments, taxes or fees to the Town; (3) The applicant has an outstanding warrant for their arrest. (4) The application contains any fraudulent or false statement or material misrepresentation; (5) The applicant is under eighteen (18) years of age; (6) The applicant has been convicted of or released from incarceration for any felony within five (5) years of the application date; (7) The applicant has been convicted of or released from incarceration for any misdemeanor offense involving fraud, theft, deceit, or misrepresentation within five (5) years of the application date; (8) The applicant has been convicted of or released from incarceration for any offense involving an act of violence against persons or property within five (5) years of the application date, including without limitation, assault, child abuse, and offenses where the underlying factual basis has been found to include any act of domestic violence. (9) The applicant has been previously denied a license under this Chapter or has had a license issued under this Chapter revoked within five (5) years of the application date. (10) The applicant has been convicted of operating without a license required by Chapter or performing any act for which a license is required by this Chapter. (11) The applicant is unable to provide sufficient verification that they are physically and mentally capable of performing security services in a manner that will not jeopardize the public health, safety, or welfare of any person. (12) The applicant's character and reputation show a pattern of conduct or personal history that does not demonstrate honesty, fairness, and respect for the rights of others or for the law. (C) Issuance. Within 30 days of the filing of a complete application, the Department shall issue the license or shall issue a written statement explaining why the license was denied. 4-15-4: SECURITY GUARD LICENSE ENDORSEMENTS: (A) Plainclothes endorsement. (1) A security guard shall not work in plainclothes without first receiving an endorsement from the Department authorizing them to do so. (2) A security guard that intends to seek a plainclothes endorsement shall submit with their initial or renewal application, a letter of request describing why plainclothes are necessary. The request shall: (a) Be documented on the private security employer's letterhead; 5 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX (b) Describe the nature and context of each business or event for which the applicant seeks plainclothes status, including time and location; and (c) Include an explanation for the necessity of plainclothes status. (3) A plainclothes license endorsement shall be effective only for the times, events and locations identified on the application. A security guard shall provide notice to the Department prior to adding additional times, events or locations to the plainclothes endorsement, no less than seventy-two (72) hours prior to the first time or event. (4) The plainclothes endorsement is associated only with specific private security employer. (B) Firearms endorsement. (1) A security guard shall not carry a firearm while acting as a security guard without first receiving an endorsement from the Department authorizing them to do so. No security guard under twenty-one (21) years of age may carry a firearm while acting as a security guard. (2) A security guard who intends to seek a firearms endorsement shall submit with application a letter of request describing the need to carry a firearm. The request shall: (a) Be documented on the private security employer's letterhead; (b) Include an explanation for the necessity of a firearms endorsement for the security guard; (c) Include a statement from the private security employer stating that they are not aware of any mental, physical, or emotional condition that would disqualify the applicant from possession of a firearm; and (d) Include a statement from the private security employer releasing the Town from any liability related to the request to arm the employee. (3) If the security guard wishes to obtain a plainclothes endorsement in addition to a firearms endorsement, a valid copy of their concealed handgun permit must be included. It is unlawful for a security guard to work in plainclothes and open-carry a firearm while providing security services. (4) A firearms endorsement shall be effective only for the term of the underlying security guard license. (5) A firearms endorsement is associated only with a request related to a specific private security employer. 6 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX (6) A security guard who has obtained a firearms endorsement shall not carry more than one (1) firearm at any times while providing security services. 4-15-5: PRIVATE SECURITY EMPLOYER LICENSE ENDORSEMENTS: (A) Weapons endorsement. (1) A private security employer shall not provide or otherwise authorize the use of any weapon, without first receiving a weapons endorsement from the Department. (2) A private security employer that intends to seek a weapons endorsement shall submit with its application, a letter of request describing why the weapons are necessary. The request shall: (a) Be documented on the private security employer's letterhead; (b) Identify the types of weapons to be provided or authorized for use; (c) Include an explanation of the necessity of the weapons endorsement, including the name, dates and information related to any public or private event for which the weapons endorsement is requested; (d) Include a statement certifying that all security guards that will be provided or otherwise authorized to use the identified weapons will have successfully completed training specific to said weapons before carrying or using said weapons; and (e) Include a statement from the private security employer releasing the Town from any liability related to the request for a weapons endorsement. (3) A weapons endorsement shall be effective only for the term of the private security employer license. (4) A weapons endorsement shall only be provided for weapons that are approved for use by the Department. The weapons endorsement is associated only with the specific weapons outlined in the request. A private security employer shall not add or modify the weapons it provides or authorizes without prior approval from the Department. (B) Vehicle endorsement. (1) A private security employer shall not authorize the use of vehicles for security services without first receiving a vehicle endorsement from the Department. (2) A private security employer that intends to seek a vehicle endorsement shall submit with its application a written request to use vehicles. The request shall include either photographs or a rendering of 7 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX each proposed vehicle design that depicts the front, back, and sides of the vehicle in full color, including any insignias. (3) A vehicle endorsement shall be effective only for the term of the private security employer's license. (4) A vehicle endorsement is associated only with the specific vehicle design disclosed to the Department. 4-15-6: TERM: Unless the license granted pursuant to this Chapter is granted only for a specific public or private event, a license granted under this Chapter shall be valid for a period of one (1) year from the date of issuance, unless suspended or revoked earlier. Any firearm endorsement, plainclothes endorsement, weapons endorsement or vehicle endorsement shall expire at the same time as the license. 14-5-7: RENEWAL: (A) Security guard license. Applications for renewal of a security guard license shall include: (1) A background check completed by the applicable private security employer, no more than sixty (60) days before the renewal application check; (2) Any additional relevant information required by the Department. (B) Private security employer license. Applications for renewal of a private security employer license shall include: (1) An affidavit attesting that each security guard is duly licensed pursuant to this Chapter; (2) Updated certificates of insurance; and (3) Any additional relevant information required by the Department. (C) Grounds for denial. The Department may refuse to renew a license for any of the grounds stated in Section 4-15-3(C). 4-15-8: IDENTIFICATION: (A) Identification card. In addition to a license, each security guard shall be issued an identification card which shall contain, at a minimum, the following information: (1) The license type and license number; (2) The issuance date and expiration date of the license; (3) The name and a recent photograph of the cardholder; (4) A firearm endorsement, if applicable; and 8 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX (5) A plainclothes endorsement, if applicable. (B) Location. The security guard shall carry the identification card on their person at all times when performing security services, and shall exhibit the card upon request by a law enforcement officer or other Town official. Security guards who have been granted a firearms endorsement shall wear their identification card on the outermost part of their uniform in a clearly visible manner at all times when performing security services; a plainclothes endorsement does not exempt any security guard from this requirement. 4-15-9: TRAINING: (A) Verification. With an application for a security guard license, the applicant shall provide verification of successful completion of at least the basic security guard training program no more than sixty (60) days before the application date. The training verification shall identify, at a minimum, the applicant's name, the courses taken, the number of training hours obtained, the date(s) of training, and the name of the training provider. (B) Basic training program. The basic training program shall include at least sixteen (16) hours with a certified training provider, covering the following topics, at a minimum: (1) Duties of a security guard; (2) Communication procedures and protocol; (3) Interaction with law enforcement; (4) Use of force, including the use of oleoresin capsicum ("OC") aerosol spray; (5) Cardiopulmonary resuscitation; (6) De-escalation training; and (7) Any additional training required by the Department. (C) Annual training. In addition to the basic training program, each security guard shall complete eight (8) hours of annual training with an eligible training provider, covering the topics described in subsection (B) hereof. (D) Weapons training. A private security employer requesting a weapons endorsement shall provide verification that its employees underwent training specific to the weapons used. (E) Training provider certification. Training providers shall be approved in the discretion of the Department. In determining whether to approve a training provider, the Department may consider the following factors: (1) The experience of the trainer, consultant, industry expert, or person providing the training; (2) Whether the trainer has tenure with federal, state, or local law enforcement agencies; 9 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX (3) Copies of the training provider's lesson plans, curricula, and materials. 4-15-10: INSURANCE: (A) Private security employers shall maintain the following minimum insurance coverages at all times: (1) Workers' compensation and employers' liability insurance as required by law. (2) If vehicles are used to provide security services, automobile liability insurance with a minimum policy limit of five hundred thousand dollars ($500,000). (3) Commercial general liability insurance with a policy limit of one million dollars ($2,000,000) combined single limit for bodily injury and property damage for each occurrence. (B) Notice of any change in insurance shall be provided to the Department within seventy-two (72) hours. The suspension, voiding, nonrenewal, cancellation, or reduction of insurance is cause of automatic suspension of the license until the coverage is reinstated. 4-15-11: INDEMNIFICATION: Each security guard and private security employer licensed under this Chapter shall indemnify and hold harmless the Town and its officers, agents, and employees from all suits, actions, damages, claims or injuries to any person or property due to any act or omission of the licensee, its agents or employees, or due to the failure of the licensee to observe any provision of this Chapter. 4-15-12: UNIFORMS AND BADGES: (A) Unless they hold a plainclothes endorsement provided by this Chapter, all security guards shall wear a uniform while performing security services. All uniforms shall be presented to the Department for approval prior to being issued by any private security employer to any security guards, and upon approval uniforms shall not be changed except with further approval from the Department. (B) The outer uniform shall prominently display the following: (1) A badge or patch containing the words "security", "private security", "security guard", or "guard." (2) A nametag or identification card containing the guard's name. (3) A badge or patch containing the name of the private security employer. (C) It is unlawful for any person, while performing or providing security services, to wear a uniform or badge similar to that worn by any law enforcement agency. 10 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX (D) It is unlawful for any person to wear or display any badge, insignia, shield, patch, or pattern that indicates or implies that the person is a law enforcement officer. (E) It is unlawful for any person, while performing security services, to wear a uniform or badge that contains the words “enforcement”, "police" or "officer." 14-15-13: VEHICLES: (A) All vehicles used for security services shall be approved by the Department, and once determined, shall not be changed without approval from the Department. (B) It is unlawful for any person, while providing or performing security services within the Town, to use or operate any vehicle displaying the word "police" “patrol” or "officer", or displaying any sign, shield, marking, or insignia that indicates or implies that the vehicle is operated by a law enforcement agency. (C) It is unlawful for any person to equip vehicles used to perform security services in any manner resembling any authorized emergency vehicle, including lights or sirens. 4-15-14: WEAPONS: (A) Batons. A private security employer that is permitted to issue batons to its employees shall only be authorized to issue a baton that meets the following specifications: (1) Length: A baton cannot be longer than twenty-six (26) inches either solid or when fully expanded; (2) Diameter: A baton shall be between one (1) inch to one and one quarter (1.25) inches in diameter; (3) Weight: A baton's weight shall be proportional to its size as specified by the manufacturer; (4) Surface: The ends of the baton shall be rounded blunt with no ridged, or sharp edges; (B) Firearms. Security guards may only carry a firearm with a firearms endorsement. A permit to carry a concealed weapon does not constitute the specific authorization required by this Chapter. The authority to carry firearms includes only the time while the security guard is performing security services while in route to or from the place of business. 4-15-15: CONFISCATION OF PROPERTY: (A) A security guard may temporarily confiscate personal property from an individual only if that property constitutes a security risk or otherwise would endanger the health, safety, and welfare of the persons, property, or premises the security guard is employed to protect. 11 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX (B) Upon confiscation of property from any individual, a security guard shall make a record of the property and store the property in a manner that will allow the individual to identify and retrieve their property upon exiting the premises or at a later time. 4-15-16: REPORTING REQUIREMENTS: (A) Termination or changes in employment. (1) When the employment of a security guard is terminated for any reason, the private security employer shall notify the Department within seventy-two (72) hours of such termination. (2) When the employment of a security guard is terminated for any reason, the security guard shall notify the Department within seventy- two (72) hours of such termination. (3) Any person changing a place of business or adding an employee shall notify the Department of such fact within seventy-two (72) hours, together with the name and address of the new place of business or new employee. (B) Convictions. If a security guard is convicted of a crime, the security guard shall notify the Department within seventy-two (72) hours of such a conviction. (C) Use of force. When a security guard, while providing security services, uses force that results in bodily harm to another person, the security guard shall immediately notify the Department. (D) Changes to principal or managing agent. A private security employer shall notify the Department of any changes to the named principals or managing agents associated with their license within seventy-two (72) hours. Any new principal or managing agent shall receive approval from the Department before acting as the principal or managing agent. 4-15-17: REVOCATION: If the Department receives notice that a person holding a license or endorsement under this Chapter has violated any provision of this Chapter, the Department may revoke the license or endorsement, following reasonable notice and an opportunity to be heard. Upon revocation, the Department shall provide a written statement explaining the grounds for the revocation. 4-15-18: VIOLATION; PENALTY: (A) Violation: It is unlawful for any person to violate any provision of this Chapter, and each day of violation shall be a separate offense. In addition, the following acts shall be considered violations of this Chapter: (1) For any security guard to detain and hold any person except when that person commits a criminal offense in the presence of the security 12 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX guard, and it is unlawful for the security guard to fail to immediately release upon request any such person detained to the Department. (2) For any person to draw or fire a firearm while providing security services, except as allowed by C.R.S. §§ 18-1-704 – 18-1-707. (3) For any person, while performing security services, to possess or be accompanied by a canine or to have a canine within a vehicle used for security services. (4) For a security guard or private security employer to hinder or interfere with any investigation under the jurisdiction of the Department or any other law enforcement agency. (5) For any security guard or private security employer to fail to report immediately to the Department all violations of Town, state, or federal laws, or to fail to cooperate in the investigation of such criminal activity when requested by law enforcement. (6) For any person to represent themselves as a law enforcement officer while providing security services. (B) Penalty. Violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code, which shall be in addition to any other penalties allowed by law, including without limitation revocation of a license or endorsement issued under this Chapter. Section 2. Effective Date: This ordinance shall take effect on June 1, 2023. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 13 3/23/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\SECURITY GUARDS-O021523 JMM 3-16.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of March, 2023 and a public hearing for second reading of this Ordinance set for the 21st day of March, 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 21st day of March, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 23nd day of March 2023. Witness my hand and seal this 23rd day of March 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 6 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 3,099,541 Capital Projects Fund 28,198,913 Real Estate Transfer Tax Fund 22,368,242 Housing Fund 9,489,004 Marketing Fund (12,022) Heavy Equipment Fund 761,757 Residences at Main Vail Fund 14,369,303 Timber Ridge Fund 32,000 Interfund Transfers (4,937,466) Total $ 73,369,272 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this 26 ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3.The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4.The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of March 2023, and a public hearing shall be held on this Ordinance on the 4th day of April, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk 27 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 5th of April 2023. Witness my hand and seal this 5th day of April 2023. Stephanie Bibbens Town Clerk Ordinance No. 6, Series of 2023 ORDINANCE NO. 6 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND , HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 20 23 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the T own Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorad o, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 3,680,602 Capital Projects Fund 28,268,953 Real Estate Transfer Tax Fund 22,368,242 Housing Fund 9,157,497 Marketing Fund 22,978 Heavy Equipment Fund 783,757 Residences at Main Vail Fund 14,369,303 Timber Ridge Fund 82,000 Interfund Transfers (4,972,466) Total $ 73,760,866 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance No. 6, Series of 2023 ordinance; and the Town Council hereby declares it wou ld have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phras es be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for th e health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued , any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by vir tue of the provision repealed or repealed and reenacted. The repeal of any provi sion hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinan ces, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, orde r, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of March 2023, and a public hearing shall be held on this Ordinance on the 4th day of April, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: _______________________________ Kim Langmaid, Mayor ___________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of April 2023. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th of April 2023. Witness my hand and seal this 7th day of April 2023. Stephanie Bibbens Town Clerk 4/7/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LAND USE APPEALS - JMM.DOCX ORDINANCE NO. 7 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL REPEALING AND REENACTING SECTION 12-3-3 OF THE VAIL TOWN CODE TO SIMPLIFY AND CLARIFY THE PROCEDURES FOR LAND USE APPEALS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-3-3 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-3-3: APPEALS AND CALL-UP: A. Appeals of administrative decisions. 1. Purpose. The purpose of this subsection A is to provide an avenue to appeal a final administrative decision based on a belief that there was an error in a final administrative decision made by the Administrator under Titles 11, 12, 13 and 14 of this Code. 2. Applicability. This subsection A shall apply to final administrative decisions of the Administrator. For purposes of this subsection A, a "final administrative decision" is a written decision of the Administrator interpreting a specific provision of this Code. 3. Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent tothe property that is the subject of the application; or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons. 4. Procedure. a. A notice of appeal shall be filed within 20 days of the final administrative decision. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee as established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal. b. Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have 4/7/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LAND USE APPEALS - JMM.DOCX standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal. c. If the Administrator determines that the appellant has standing, the Administrator shall determine the appropriate review body. Appeals of administrative decisions related to design guidelines shall be heard by the Design Review Board. All other appeals of administrative decisions shall be heard by the Planning and Environmental Commission. The Administrator shall schedule a public hearing before the applicable review body at its next available meeting to occur within 60 days of the standing determination. d. At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the hearing to the appellant, the applicant and adjacent property owners, by first class U.S. Mail, postage prepaid. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to each owner within the association at the address according to the Eagle County Assessor as of the date of the filing of the appeal. e. All appeals shall be de novo, and the review body many consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision being appealed was incorrect. The review body may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any. f. The review body shall review the appeal based on the applicable standards and criteria in the Town Code. The review body shall affirm, modify or overturn the final administrative decision, and shall issue written findings to support its decision. The review body may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the decision shall not be final until such findings have been adopted. g. The decision of the review body is subject to further appeal as set forth in subsection B hereof. 4. Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal. 4/7/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LAND USE APPEALS - JMM.DOCX B. Appeals of decisions by the Planning and Environmental Commission, Design Review Board, and Art in Public Places Board. 1. Purpose. The purpose of this subsection B is to provide an avenue to appeal a final decision based on a belief that there was an error in a decision made under the relevant Title of the Town Code. 2. Applicability. This subsection B shall apply to final decisions made by the Planning and Environmental Commission, Design Review Board, or Art in Public Places Board with respect to the provisions of the Town Code. 3. Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application, or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons. 4. Procedure. a. A notice of appeal shall be filed within 20 days of the decision being appealed. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal. b. Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal. c. If the Administrator determines that the appellant has standing, the Administrator shall schedule a public hearing before the Town Council to occur within 60 days of such determination. d. At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the he aring to the last known addresses of the applicant, appellant and adjacent property owners by first class U.S. Mail. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to each owner within the association at the address according to the Eagle County Assessor as of the date of the filing of the appeal. 4/7/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LAND USE APPEALS - JMM.DOCX e. All appeals shall be de novo, and the Town Council may consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision was incorrect. The Town Council may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any. f. The Town Council shall review the appeal based on the applicable standards and criteria in the Town Code. The Town Council shall affirm, modify or overturn the decision, and shall issue written findings to support its decision. The Town Council may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the Town Council's decision shall not be final until adoption of such findings. 5. Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal. 6. Further review. The decision of the Town Council on any appeal is final, subject only to judicial review as allowed by law. C. Call-up by Town Council. The Town Council may call up any decision of the Planning and Environmental Commission or the Design Review Board or the Art in Public Places Board, by a majority vote of those Town Council members present, within 20 days of the decision being called up. Once called up, the decision shall be reviewed in the same manner as an appeal, provided that no finding of standing shall be necessary, and there shall be no burden of proof. 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 4/7/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LAND USE APPEALS - JMM.DOCX 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 4th day of April, 2023 and a public hearing for second reading of this Ordinance set for the 18th day of April, 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 18th day of April, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th of April 2023. Witness my hand and seal this 19th day of April 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 7 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL REPEALING AND REENACTING SECTION 12-3-3 OF THE VAIL TOWN CODE TO SIMPLIFY AND CLARIFY THE PROCEDURES FOR LAND USE APPEALS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-3-3 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-3-3: APPEALS AND CALL-UP: A.Appeals of administrative decisions. 1.Purpose. The purpose of this subsection A is to provide an avenue to appeal a final administrative decision based on a belief that there was an error in a final administrative decision made by the Administrator under Titles 11, 12, 13 and 14 of this Code. 2.Applicability. This subsection A shall apply to final administrative decisions of the Administrator. For purposes of this subsection A, a "final administrative decision" is a written decision of the Administrator interpreting a specific provision of this Code. 3. Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application; or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons. 4.Procedure. a.A notice of appeal shall be filed within 20 days of the final administrative decision. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee as established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal. b.Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal. c.If the Administrator determines that the appellant has standing, the Administrator shall determine the appropriate review body. Appeals of administrative decisions related to design guidelines shall be heard by the Design Review Board. All other appeals of administrative decisions shall be heard by the Planning and Environmental Commission. The Administrator shall schedule a public hearing before the applicable review body at its next available meeting to occur within 60 days of the standing determination. d.At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the hearing to the appellant, the applicant and adjacent property owners, by first class U.S. Mail, postage prepaid. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to the owners' association. e.All appeals shall be de novo, and the review body many consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision being appealed was incorrect. The review body may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any. f.The review body shall review the appeal based on the applicable standards and criteria in the Town Code. The review body shall affirm, modify or overturn the final administrative decision, and shall issue written findings to support its decision. The review body may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the decision shall not be final until such findings have been adopted. g.The decision of the review body is subject to further appeal as set forth in subsection B hereof. 4.Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal. B.Appeals of decisions by the Planning and Environmental Commission, Design Review Board, and Art in Public Places Board. 1.Purpose. The purpose of this subsection B is to provide an avenue to appeal a final decision based on a belief that there was an error in a decision made under the relevant Title of the Town Code. 2.Applicability. This subsection B shall apply to final decisions made by the Planning and Environmental Commission, Design Review Board, or Art in Public Places Board with respect to the provisions of the Town Code. 3.Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application, or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons. 4.Procedure. a.A notice of appeal shall be filed within 20 days of the decision being appealed. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal. b.Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal. c.If the Administrator determines that the appellant has standing, the Administrator shall schedule a public hearing before the Town Council to occur within 60 days of such determination. d.At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the hearing to the last known addresses of the applicant, appellant and adjacent property owners by first class U.S. Mail. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to the owners' association. e.All appeals shall be de novo, and the Town Council may consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision was incorrect. The Town Council may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any. f.The Town Council shall review the appeal based on the applicable standards and criteria in the Town Code. The Town Council shall affirm, modify or overturn the decision, and shall issue written findings to support its decision. The Town Council may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the Town Council's decision shall not be final until adoption of such findings. 5.Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal. 6.Further review. The decision of the Town Council on any appeal is final, subject only to judicial review as allowed by law. C. Call-up by Town Council. The Town Council may call up any decision of the Planning and Environmental Commission or the Design Review Board or the Art in Public Places Board, by a majority vote of those Town Council members present, within 20 days of the decision being called up. Once called up, the decision shall be reviewed in the same manner as an appeal, provided that no finding of standing shall be necessary, and there shall be no burden of proof. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of April, 2023 and a public hearing for second reading of this Ordinance set for the 18th day of April, 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 18th day of April, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2023, first Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th of April 2023. Witness my hand and seal this 19th day of April 2023. Stephanie Bibbens Town Clerk 4/28/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TASTINGS-O040523.DOCX ORDINANCE NO. 8 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL AMENDING SECTION 4-2-4 OF THE VAIL TOWN CODE TO PERMIT ALCOHOLIC BEVERAGE TASTINGS AT FERMENTED MALT BEVERAGE AND WINE RETAILERS WHEREAS, C.R.S. § 44-3-301(10) previously authorized a local licensing authority to receive and approve applications for tastings by a retail liquor store or a liquor- licensed drugstore, or to prohibit tastings altogether; WHEREAS, on March 1, 2023, Proposition 125 amended the above-mentioned statutory section to add fermented malt beverages and wine retailers to the list of licensees that are permitted to conduct tastings; and WHEREAS, the Town now desires to amend the Vail Town Code to include fermented malt beverage and wine retailers as licensees that may apply for tastings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-2-4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 4-2-4: TASTINGS: Pursuant to C.R.S. § 44-3-301(10), as amended, the Town hereby authorizes alcoholic beverage tastings for licensed retail liquor stores, liquor licensed drugstores and fermented malt beverage and wine retailers in the Town, subject to the limitations in C.R.S. § 44-3-301(10), and subject to the approval by the Local Licensing Authority of a tastings permit application in a form approved by the Town Clerk. 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 2 4/28/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TASTINGS-O040523.DOCX 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 April, 2023 and a public hearing for second reading of this Ordinance set for the 2nd day of May, 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 2nd day of May, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of May 2023. Witness my hand and seal this 3rd day of May 2023. Stephanie Bibbens Town Clerk 4/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@A409D5CB\@BCL@A409D5CB.DOCX ORDINANCE NO. 8 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL AMENDING SECTION 4-2-4 OF THE VAIL TOWN CODE TO PERMIT ALCOHOLIC BEVERAGE TASTINGS AT FERMENTED MALT BEVERAGE AND WINE RETAILERS WHEREAS, C.R.S. § 44-3-301(10) previously authorized a local licensing authority to receive and approve applications for tastings by a retail liquor store or a liquor- licensed drugstore, or to prohibit tastings altogether; WHEREAS, on March 1, 2023, Proposition 125 amended the above-mentioned statutory section to add fermented malt beverages and wine retailers to the list of licensees that are permitted to conduct tastings; and WHEREAS, the Town now desires to amend the Vail Town Code to include fermented malt beverage and wine retailers as licensees that may apply for tastings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 4-2-4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 4-2-4: TASTINGS: Pursuant to C.R.S. § 44-3-301(10), as amended, the Town hereby authorizes alcoholic beverage tastings for licensed retail liquor stores, liquor licensed drugstores and fermented malt beverage and wine retailers in the Town, subject to the limitations in C.R.S. § 44-3-301(10), and subject to the approval by the Local Licensing Authority of a tastings permit application in a form approved by the Town Clerk. 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 2 4/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@A409D5CB\@BCL@A409D5CB.DOCX 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 18 th day of April, 2023 and a public hearing for second reading of this Ordinance set for the 2 nd day of May, 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 2 nd day of May, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of May 2023. Witness my hand and seal this 3rd day of May 2023. Stephanie Bibbens Town Clerk 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@EC0B180F\@BCL@EC0B180F.DOCX ORDINANCE NO. 09 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL REPEALING AND REENACTING SECTION 7-10-9 OF THE VAIL TOWN CODE, CONCERNING THE PENALTY FOR VIOLATIONS OF CERTAIN COMMERCIAL TRANSPORTATION REGULATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-10-9 of the Town Code is hereby repealed in its entirety and reenacted as follows: § 7-10-9 VIOLATION; PENALTY. (A) Violations of this Chapter shall be subject to the penalties contained in Section 1-4-1 of this Code. (B) In addition to the penalty provided in subsection (A) hereof, the Town may revoke the operating privileges of a commercial operator under this Chapter for a period of one year. The Town shall give the commercial operator five (5) days' written notice of the effective date of the revocation. If the commercial operator contests a violation of this Chapter, the commercial operator shall, within two (2) days of receipt of the written notice, request a meeting with the Town Manager, and the revocation shall not take effect until the Town Manager or designee has met with the commercial operator and given the commercial operator the opportunity to be heard. At the conclusion of the meeting, the Town Manager or designee shall determine, in their reasonable discretion, whether revocation is appropriate. Commercial operators whose operating privileges have been revoked shall be denied access to Town roadways. (C) Notwithstanding any other provision herein, the Town Manager or designee may summarily suspend, without prior notice, the operating privileges of a commercial operator, if the Town Manager or designee has reasonable grounds to believe that the public health, safety, or welfare requires such emergency suspension. 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. 2 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@EC0B180F\@BCL@EC0B180F.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 2nd day of May, 2023 and a public hearing for second reading of this Ordinance set for the 16th day of May, 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 16th day of May, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of May 2023. Witness my hand and seal this 17th day of May 2023. Stephanie Bibbens Town Clerk 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@EC0B180F\@BCL@EC0B180F.DOCX ORDINANCE NO. 09 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL REPEALING AND REENACTING SECTION 7-10-9 OF THE VAIL TOWN CODE, CONCERNING THE PENALTY FOR VIOLATIONS OF CERTAIN COMMERCIAL TRANSPORTATION REGULATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-10-9 of the Town Code is hereby repealed in its entirety and reenacted as follows: § 7-10-9 VIOLATION; PENALTY. (A) Violations of this Chapter shall be subject to the penalties contained in Section 1-4-1 of this Code. (B) In addition to the penalty provided in subsection (A) hereof, the Town may revoke the operating privileges of a commercial operator under this Chapter for a period of one year. The Town shall give the commercial operator five (5) days' written notice of the effective date of the revocation. If the commercial operator contests a violation of this Chapter, the commercial operator shall, within two (2) days of receipt of the written notice, request a meeting with the Town Manager, and the revocation shall not take effect until the Town Manager or designee has met with the commercial operator and given the commercial operator the opportunity to be heard. At the conclusion of the meeting, the Town Manager or designee shall determine, in their reasonable discretion, whether revocation is appropriate. Commercial operators whose operating privileges have been revoked shall be denied access to Town roadways. (C) Notwithstanding any other provision herein, the Town Manager or designee may summarily suspend, without prior notice, the operating privileges of a commercial operator, if the Town Manager or designee has reasonable grounds to believe that the public health, safety, or welfare requires such emergency suspension. 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. 2 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@EC0B180F\@BCL@EC0B180F.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 2nd day of May, 2023 and a public hearing for second reading of this Ordinance set for the 16th day of May, 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 16th day of May, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of May 2023. Witness my hand and seal this 3rd day of May 2023. Stephanie Bibbens Town Clerk 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BE0F5\@BCL@940BE0F5.DOCX ORDINANCE NO. 10 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AMENDING THE DEFINITION OF UNCLAIMED PROPERTY UNDER THE VAIL TOWN CODE NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 6-2-1 of the Vail Town Code is hereby amended as follows: § 6-2-1 DEFINITIONS. *** UNCLAIMED PROPERTY. Any tangible or intangible property, except abandoned intangible property or jewelry, that is held by or under the control of the Town that has not been claimed by its owner for a period of more than 18090 days after the Town took possession of the property. *** 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BE0F5\@BCL@940BE0F5.DOCX 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of May 2023. Witness my hand and seal this 17th day of May 2023. Stephanie Bibbens Town Clerk 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BE0F5\@BCL@940BE0F5.DOCX ORDINANCE NO. 10 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AMENDING THE DEFINITION OF UNCLAIMED PROPERTY UNDER THE VAIL TOWN CODE NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 6-2-1 of the Vail Town Code is hereby amended as follows: § 6-2-1 DEFINITIONS. *** UNCLAIMED PROPERTY. Any tangible or intangible property, except abandoned intangible property or jewelry, that is held by or under the control of the Town that has not been claimed by its owner for a period of more than 18090 days after the Town took possession of the property. *** 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2 4/21/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BE0F5\@BCL@940BE0F5.DOCX 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of May 2023. Witness my hand and seal this 17th day of May 2023. Stephanie Bibbens Town Clerk 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC094300\@BCL@AC094300.DOCX ORDINANCE NO. 11 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AMENDING SECTION 1-5-11(A)(1) OF THE VAIL TOWN CODE REGARDING MEETINGS OF THE TOWN COUNCIL NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 1-5-11(A)(1) of the Vail Town Code is hereby amended as follows: § 1-5-11 REGULAR AND SPECIAL COUNCIL MEETINGS. (A)Regular meetings. (1)Time and place. The Council shall meet regularly at least twice monthly at a day and hour to be fixed by the rules of the Council. The meeting time shall be established at the Town Council’s first organizational meeting to be held within seven days from the election as described in §1- 5-2 of 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 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. 2 5/12/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC094300\@BCL@AC094300.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of May, 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 12, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of June 2023. Witness my hand and seal this 7th day of June 2023. Stephanie Bibbens Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of June 2023. Witness my hand and seal this 7th day of June 2023. Stephanie Bibbens Town Clerk 5/15/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC09B421\@BCL@AC09B421.DOCX ORDINANCE NO. 11 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AMENDING SECTION 1-5-11(A)(1) OF THE VAIL TOWN CODE REGARDING MEETINGS OF THE TOWN COUNCIL NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-5-11(A)(1) of the Vail Town Code is hereby amended as follows: § 1-5-11 REGULAR AND SPECIAL COUNCIL MEETINGS. (A)Regular meetings. (1)Time and place. The Council shall meet regularly at least twice monthly at a day and hour to be fixed by the rules of the Council. The meeting time shall be established at the Town Council’s first organizational meeting to be held within seven days from the election as described in §1- 5-2 of 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 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. 2 5/15/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC09B421\@BCL@AC09B421.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of May, 2023 and a public hearing for second reading of this Ordinance set for the 6th day of June, 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 6th day of June, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk Ordinance No. 12, Series of 2023 ORDINANCE NO. 12 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 538,341 Capital Projects Fund 460,690 Real Estate Transfer Tax Fund 211,845 Housing Fund 5,035,000 Heavy Equipment Fund 201,958 Residences at Main Vail Fund (36,811) Dispatch Services Fund 257,037 Interfund Transfers (445,155) Total $ 6,222,905 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 12, Series of 2023 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of June 2023, and a public hearing shall be held on this Ordinance on the 20th day of June, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: _______________________________ Kim Langmaid, Mayor ___________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of June 2023. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 12, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of June 2023. Witness my hand and seal this 21st day of June 2023. Stephanie Bibbens Town Clerk Ordinance No. 12, Series of 2023 ORDINANCE NO. 12 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 655,181 Capital Projects Fund 4,588,415 Real Estate Transfer Tax Fund 283,845 Housing Fund 4,907,275 Heavy Equipment Fund 201,958 Residences at Main Vail Fund 203,924 Dispatch Services Fund 257,037 Interfund Transfers (445,155) Total $ 10,652,480 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 12, Series of 2023 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of June 2023, and a public hearing shall be held on this Ordinance on the 20th day of June, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: _______________________________ Kim Langmaid, Mayor ___________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of June 2023. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th day of July 2023. Witness my hand and seal this 19th day of July 2023. Stephanie Bibbens Town Clerk 7/17/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0807FD\@BCL@AC0807FD.DOCX 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; 2 7/17/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0807FD\@BCL@AC0807FD.DOCX (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 3 7/17/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0807FD\@BCL@AC0807FD.DOCX 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 4 7/17/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0807FD\@BCL@AC0807FD.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of August, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 2nd day of August 2023. Witness my hand and seal this 2nd day of August 2023. Stephanie Bibbens Town Clerk 7/17/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0807FD\@BCL@AC0807FD.DOCX 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; 2 7/17/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0807FD\@BCL@AC0807FD.DOCX (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 3 7/17/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0807FD\@BCL@AC0807FD.DOCX 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 4 7/17/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC0807FD\@BCL@AC0807FD.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of August, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 2nd day of August 2023. Witness my hand and seal this 2nd day of August 2023. Stephanie Bibbens Town Clerk 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@C40BDFC0\@BCL@C40BDFC0.DOCX 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 2 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@C40BDFC0\@BCL@C40BDFC0.DOCX 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 16th day of August 2023. Witness my hand and seal this 16th day of August 2023. Stephanie Bibbens Town Clerk 8/17/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\COUNCIL_COMPENSATION_ORDINANCE-O070623 (1).DOCX 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 $1,200 per month during their term of office. (C) Annual Increase. The monthly compensation for the Mayor and Town Council members shall automatically increase on January 1st of each year beginning January 1, 2025, in an amount equal to the percentage increase in the Denver-Aurora-Lakewood Consumer Price Index ("CPI"). Should the CPI decrease in any given year, the monthly compensation shall not decrease, but instead, shall remain the same as the prior year. (D) If the Town of Vail budget for any year does not include monies allocated for employee compensation increases, the monthly compensation for Mayor and Town Council will not increase, but instead remain the same as the prior year. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor 2 8/17/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\COUNCIL_COMPENSATION_ORDINANCE-O070623 (1).DOCX 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 2nd day of August 2023. Witness my hand and seal this 2nd day of August 2023. Stephanie Bibbens Town Clerk 7/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B409B461\@BCL@B409B461.DOCX 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. 2 7/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B409B461\@BCL@B409B461.DOCX 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. 3 7/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B409B461\@BCL@B409B461.DOCX (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. 4 7/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B409B461\@BCL@B409B461.DOCX 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."; 5 7/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B409B461\@BCL@B409B461.DOCX 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: 6 7/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B409B461\@BCL@B409B461.DOCX 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. 7 7/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B409B461\@BCL@B409B461.DOCX 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of September 2023. Witness my hand and seal this 6th day of September 2023. Stephanie Bibbens Town Clerk 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTING-O072423_2___4_.DOCX 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. 2 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTING-O072423_2___4_.DOCX 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. There shall be no fee required for the application. 2. Upon receipt of a complete application, 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 ($1,000,000) per occurrence. (D) Issuance or Denial: 1. Within fifteen (15) days, the Chief shall recommend, in writing, that the Town Clerk issue or deny the license. The Chief shall state the reasons for a recommendation of denial. 2. The Town Clerk shall then issue the license or deny the license. (E) Suspension or Revocation: The Town Clerk may suspend or revoke a license if the vehicle booting company violates any provision of this Code 3 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTING-O072423_2___4_.DOCX 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 PUC 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. 6. A vehicle booting company shall accept payment by cash or by credit card for the boot removal fee. The vehicle booting company shall 4 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTING-O072423_2___4_.DOCX 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."; 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 5 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTING-O072423_2___4_.DOCX 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: i. First violation in any twelve (12) month period: $500. ii. Second violation in any twelve (12) month period: $1,500. 6 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTING-O072423_2___4_.DOCX 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. 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 5th day of September, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 7 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTING-O072423_2___4_.DOCX _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of September, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 2nd day of August 2023. Witness my hand and seal this 2nd day of August 2023. Stephanie Bibbens Town Clerk 7/25/2023 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. 2 7/25/2023 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 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 16th day of August 2023. Witness my hand and seal this 16th day of August 2023. Stephanie Bibbens Town Clerk 7/25/2023 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. 2 7/25/2023 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 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 1st day of August, 2023 and a public hearing for second reading of this Ordinance set for the 16th 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of September 2023. Witness my hand and seal this 6th day of September 2023. Stephanie Bibbens Town Clerk 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\HOUSING SLOPES-O082423.DOCX ORDINANCE NO. 17 SERIES 2023 AN ORDINANCE REPEALING AND REENACTING SECTION 12-21-10 OF THE VAIL TOWN CODE, REGARDING RESTRICTED DEVELOPMENT IN HAZARD ZONES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-21-10 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-21-10: DEVELOPMENT RESTRICTED: (A) The term “structure” as used in this Section does not include recreational structures that are intended for seasonal use other than residential use. (B) No structure shall be constructed in any flood hazard zone or red avalanche hazard area. (C) Structures may be constructed in blue avalanche hazard areas provided that proper mitigating measures have been taken. (D) No structure shall be constructed on a slope of forty (40) percent or greater except in the following zone districts: Housing (H), Single-Family Residential (SFR); Two-Family Residential (R); or Two-Family Primary/Secondary Residential (PS). (E) The Administrator may require an applicant desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build, if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The study shall be completed in accordance with Chapter 12 of this Title. (F) The Administrator may require an applicant desiring to build in a blue avalanche hazard zone to submit a definitive study indicating whether improvements are required to mitigate the possible hazard, and if required, a description of the improvements proposed. The study shall be completed in accordance with Chapter 12 of this Title. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 2 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\HOUSING SLOPES-O082423.DOCX 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 5th day of September, 2023 and a public hearing for second reading of this Ordinance set for the 19th day of September, 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 19th day of September, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of September 2023. Witness my hand and seal this 20th day of September 2023. Stephanie Bibbens Town Clerk 8/25/2023 \\FILESERVER2019\REDIRECTED$\JSPENCE\DOWNLOADS\ORINANCE NO. 17, SERIES OF 2023.DOCX ORDINANCE NO. 17 SERIES 2023 AN ORDINANCE REPEALING AND REENACTING SECTION 12-21-10 OF THE VAIL TOWN CODE, REGARDING RESTRICTED DEVELOPMENT IN HAZARD ZONES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-21-10 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-21-10: DEVELOPMENT RESTRICTED: (A) The term “structure” as used in this Section does not include recreational structures that are intended for seasonal use other than residential use. (B) No structure shall be constructed in any flood hazard zone or red avalanche hazard area. (C) Structures may be constructed in blue avalanche hazard areas provided that proper mitigating measures have been taken. (D) No structure shall be constructed on a slope of forty (40) percent or greater except in the following zone districts: Housing (H), Single-Family Residential (SFR); Two-Family Residential (R); or Two-Family Primary/Secondary Residential (PS). (E) The Administrator may require an applicant desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build, if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The study shall be completed in accordance with Chapter 12 of this Title. (F) The Administrator may require an applicant desiring to build in a blue avalanche hazard zone to submit a definitive study indicating whether improvements are required to mitigate the possible hazard, and if required, a description of the improvements proposed. The study shall be completed in accordance with Chapter 12 of this Title. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 2 8/25/2023 \\FILESERVER2019\REDIRECTED$\JSPENCE\DOWNLOADS\ORINANCE NO. 17, SERIES OF 2023.DOCX 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 ___ 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 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of September 2023. Witness my hand and seal this 6th day of September 2023. Stephanie Bibbens Town Clerk 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED_MALL_AMENDMENT-O082823__002_ (1).DOCX ORDINANCE NO. 18 SERIES 2023 AN ORDINANCE AMENDING CHAPTERS 11 AND 12 OF TITLE 7 OF THE VAIL TOWN CODE REGARDING PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, on August 16, 2022, the Town Council adopted an ordinance revising Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian mall areas in the Town (the “Ordinance”); WHEREAS, the Ordinance created a coordinated delivery system to address safety, environmental, and pedestrian experience concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas; WHEREAS, the Ordinance exempted high-volume commercial couriers; WHEREAS, the Town Council now finds that such exemption is counter to the purpose of the Ordinance and desires to remove it; and WHEREAS, the Town Council wishes to allow related maps for the Ordinance to be amended administratively. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 7-11-2, 7-11-3 and 7-11-4 of the Vail Town Code are hereby amended as follows: 7-11-2: PEDESTRIAN MALL AREAS: Pedestrian mall areas shall be those areas designated as a pedestrian mall on the Vail Village Pedestrian Mall Map and Lionshead Pedestrian Mall Map, both on file with the Town Clerk. The Town Clerk may amend such maps upon a determination that such amendment is of a technical nature and consistent with the purposes of this Chapter. 7-11-3: VEHICULAR TRAFFIC: A. Unless expressly permitted by this Chapter, all vehicular traffic is prohibited from accessing or using a pedestrian mall area. B. All vehicular traffic permitted by Section 7-11-4 shall comply with Chapter 12 of this Title and the requirements of the following Vail Village Loading and Delivery Map and Lionshead Loading and Delivery Map, both on file with the Town Clerk. The Town Clerk may amend such maps upon a determination that such amendment is of a technical nature and consistent with the purposes of this Chapter. 2 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED_MALL_AMENDMENT-O082823__002_ (1).DOCX 7-11-4: EXCEPTIONS: In all pedestrian mall areas, the following vehicular traffic is permitted: A. Public transportation vehicles operated by the Town; B. Emergency vehicles; C. Vehicles authorized by the Town, as specified in a valid Town-issued permit; D. Town-approved contractors delivering commercial goods in accordance with Chapter 12 of this Title; E. Armored money vehicles; F. Waste and recycling collection vehicles; G. Vehicles entering or exiting a parking structure to access a business or residence when there is no other means of vehicular access; H. Property owners and their guests actively loading or unloading when there is no other means of vehicular access; and I. Guests checking in or out of any accommodation establishment located within a pedestrian mall area.; and J. High-volume commercial carriers as defined in Section 7-12-2 of this Title. Section 2. Sections 7-12-2 and 7-12-3 of the Vail Town Code are hereby amended as follows: 7-12-2: DEFINITIONS: The definitions in Section 4-1-2 of this Code shall apply to this Chapter. In addition, for purposes of this Chapter, the following terms shall have the following meanings: COMMERCIAL GOODS: Goods that are sold for the generation of income or any other commercial purpose, including food and beverage and retail and wholesale goods. HIGH-VOLUME COMMERCIAL CARRIER: A commercial carrier that, on more than five (5) days per week, delivers a high volume and variety of commercial goods, excluding food and beverage, to multiple recipients in the Town. LOADING DOCK: The area of a building designated for the loading and unloading of commercial goods to and from delivery vehicles, in compliance with this Code and all other applicable regulations. PEDESTRIAN MALL AREA: Any area designated as a pedestrian mall area by Chapter 11 of Title 7 this Code. 3 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED_MALL_AMENDMENT-O082823__002_ (1).DOCX TOWN-APPROVED CONTRACTOR: A contractor selected by the Town to transport and deliver commercial goods in any pedestrian mall area. VILLAGE CORE: The area designated as the Village Core by light blue dashes on the following map: 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1. A Town-approved contractor; or 2. A high-volume commercial carrier; or 3. Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. * * * Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of September, 2023 and a public hearing for second reading of this Ordinance set for the 19th day of September, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 4 9/8/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED_MALL_AMENDMENT-O082823__002_ (1).DOCX _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of September, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of October 2023. Witness my hand and seal this 4th day of October 2023. Stephanie Bibbens Town Clerk 10/6/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\EWALKER PED MALL AMEND-O100423.DOCX ORDINANCE NO. 18 SERIES 2023 AN ORDINANCE AMENDING CHAPTERS 11 AND 12 OF TITLE 7 OF THE VAIL TOWN CODE REGARDING PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, on August 16, 2022, the Town Council adopted an ordinance revising Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian mall areas in the Town (the "Ordinance"); WHEREAS, the Ordinance created a coordinated delivery system to address safety, environmental, and pedestrian experience concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas; WHEREAS, the Ordinance included certain low-impact or safety-related exceptions; and WHEREAS, the Town Council now finds that an additional exception for electronic delivery walkers will further the goals of the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-11-4 of the Vail Town Code is hereby amended as follows: § 7-11-4 EXCEPTIONS. In all pedestrian mall areas, the following vehicular traffic is permitted: A. Public transportation vehicles operated by the Town; B. Emergency vehicles; C. Vehicles authorized by the Town, as specified in a valid Town-issued permit; D. Town-approved contractors delivering commercial goods in accordance with Chapter 12 of this Title; E. Armored money vehicles; F. Waste and recycling collection vehicles; G. Vehicles entering or exiting a parking structure to access a business or residence when there is no other means of vehicular access; H. Property owners and their guests actively loading or unloading when there is no other means of vehicular access; and 2 10/6/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\EWALKER PED MALL AMEND-O100423.DOCX I. Guests checking in or out of any accommodation establishment located within a pedestrian mall area; and J. E-walkers. Section 2. Section 7-12-2 of the Vail Town Code is hereby amended by the addition of the following definition to appear in alphabetical order: § 7-12-2 DEFINITIONS. * * * E-WALKER: An electronic vehicle used to assist in the delivery of commercial goods with a curb weight of four hundred fifty (450) pounds or less. * * * Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 3 10/6/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\EWALKER PED MALL AMEND-O100423.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2023 and a public hearing for second reading of this Ordinance set for the 3rd day of October, 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 3rd day of October, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of October 2023. Witness my hand and seal this 4th day of October 2023. Stephanie Bibbens Town Clerk 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX ORDINANCE NO. 19 SERIES 2023 AN ORDINANCE OF THE TOWN OF VAIL AMENDING TITLE 12 OF THE VAIL TOWN CODE TO ADD THE NEW WEST VAIL MULTI-FAMILY OVERLAY DISTRICT, TO FURTHER THE TOWN'S WORKFORCE HOUSING GOALS WHEREAS, the Town currently lacks the necessary workforce housing for workers employed in the Town; and WHEREAS, the Town wishes to promote workforce housing in areas that are well- connected to transit in the Town; and WHEREAS, the Vail Town Council adopted the West Vail Master Plan on November 2, 2021; and WHEREAS, the West Vail Master Plan identified West Vail as the heart of resident occupied housing in the Town of Vail; and WHEREAS, Chapter 3 of the West Vail Master identified six goals for housing; and WHEREAS, these goals include updates to the Town’s zoning regulations to allow continued improvements to preserve units and enhance aesthetics, and WHEREAS, the West Vail Master Plan recommendations include code changes to encourage redevelopment that preserves the character and scale of neighborhoods and supports resident housing; and WHEREAS, the West Vail Master Plan recommends growing the number of deed- restricted units in West Vail to address the trend of conversion to second homes; and WHEREAS, the Town finds that this West Vail Multi-Family overlay district will promote the housing goals of the Town by increasing the supply of workforce housing. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 12-6K, to read as follows: ARTICLE 6K: WEST VAIL MULTI-FAMILY (WVMF) OVERLAY DISTRICT 12-6K-1 PURPOSE. The West Vail Multi-Family (WVMF) overlay district is intended to provide employee housing in new or redeveloped multi-family dwellings in areas 2 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX well-connected to transit. It is also intended to provide flexibility from certain development standards in order to accommodate redevelopment with employee housing. 12-6K-2 APPLICABILITY. (A) The WVMF district shall only apply to property located within the project boundary of the West Vail Master Plan. (B) As an overlay district, the WVMF district shall supplement, but not replace, the underlying zone district. In the case of a conflict between the underlying zone district regulations and this Article, this Article shall control. Where this Article is silent, the underlying zone district regulations and any other applicable requirements of this Code shall apply. (C) The WVMF district shall only apply after a rezoning is approved in accordance with § 12-3-7. 12-6K-3 PERMITTED USES. The following uses are permitted in the WVMF district: (1) Employee housing, as further regulated by Chapter 13 of this Title; and (2) Multi-family residential dwellings, including without limitation attached dwellings and row dwellings; and 12-6K-4 CONDITIONAL USES. The following conditional uses are permitted in the WVMF district, subject to issuance of a conditional use permit pursuant to Chapter 16 of this Title: (1) Bed and breakfasts as further regulated by § 12-14-18. 12-6K-5 ACCESSORY USES. The following accessory uses are permitted in the WVMF district: (1) Home occupations, subject to issuance of a home occupation permit pursuant to § 12-14-12; (2) Home child daycare facilities as further regulated by § 12-14- 12. (3) Private greenhouses, playhouses, attached garages and carports, swimming pools, patios, and recreation facilities customarily incidental to multi-family residential uses; and (4) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6K-6 LOT AREA AND SITE DIMENSIONS. (A) The minimum lot size shall be as required by the base zoning district where the property is located. 3 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX (B) Each lot shall have a minimum frontage of thirty (30) feet. 12-6K-7 SETBACKS. The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. 12-6K-8 HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty- five (35) feet. For a sloping roof, the height of buildings shall not exceed thirty-eight (38) feet. 12-6K-9 DENSITY CONTROL. (A) Gross residential floor area shall not exceed forty-six (46) square feet per each one hundred (100) square feet of lot area. (B) The maximum density shall be eighteen (18) dwelling units per acre and the minimum density shall be nine (9) dwelling units per acre. 12-6K-10 SITE COVERAGE. Site coverage shall not exceed thirty (30) percent of the total site area. 12-6K-11 LANDSCAPING. At least forty (40) percent of the site shall be landscaped. 12-6K-12 EMPLOYEE HOUSING. (A) Forty percent (40%) of all newly constructed gross residential floor area shall be employee housing in conformance with Chapter 24 of this Title. (B) All employee housing shall be provided on site except for developments that require a total of less than four hundred thirty-eight (438) square feet of employee housing may provide the required employee housing off site. 12-6K-13 PARKING. Off-street parking shall comply with Chapter 10 of this Title. 12-6K-14 DENSITY BONUS (A) For developments that include at least one (1) employee housing unit on-site the following standard shall apply. (1) Gross residential floor area shall not exceed sixty (60) square feet per each one hundred (100) square feet of lot area. (B) For developments that include at least two (2) employee housing units on-site the following standards shall apply. 4 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX (1) Gross residential floor area shall not exceed sixty (60) square feet per each one hundred (100) square feet of lot area. (2) Site coverage shall not exceed thirty-five (35) percent of the total site area. (C) For developments that include at least three (3) employee housing units on-site the following standards shall apply. (1) Gross residential floor area shall not exceed sixty (60) square feet per each one hundred (100) square feet of lot area. (2) Site coverage shall not exceed thirty-five (35) percent of the total site area. (3) At least thirty-five (35) percent of the site shall be landscaped. (4) Parking for Employee Housing Units shall be provided at a minimum of one space per unit. (D) For developments that include at least four (4) employee housing units on-site the following standards shall apply. (1) Gross residential floor area shall not exceed sixty (60) square feet per each one hundred (100) square feet of lot area. (2) Site coverage shall not exceed thirty-five (35) percent of the total site area. (3) At least thirty-five (35) percent of the site shall be landscaped. (4) Parking for employee housing units shall be provided at a minimum of one space per unit. (5) The minimum density shall be nine (9) dwelling units per acre and no maximum density. Section 2. The table in Section 12-13-4 of the Vail Town Code is hereby amended to add "West Vail Multi-Family" to the "Zoning Districts Permitted by Right" Column for Type VII-IZ Employee Housing Units. Section 3. The table in Section 12-15-2 of the Vail Town Code is hereby amended by the addition of the following row to be inserted as the last row in the table: Zone Districts GRFA Ratio GRFA Credits (Added to Results of Application of Percentage) * * * WVMF West Vail Multi-Family 0.46 of site area None 5 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX Section 4. Section 12-15-3(B) of the Vail Town Code is hereby amended as follows: 12-15-3 DEFINITION, CALCULATION AND EXCLUSIONS. * * * (B) Within the Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple- Family (HDMF), Housing (H) and Vail Village Townhouse (VVT), Districts and West Vail Multi-Family (WVMF) districts. * * * Section 5. Section 12-15-5(B) of the Vail Town Code is hereby amended as follows: 12-15-5 ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE). * * * (B) Applicability. The provisions of this section shall apply to dwelling units in all zone districts except in the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Vail Village Townhouse (VVT), Districts and West Vail Multi-Family (WVMF) districts. * * * Section 6. Section 12-21-10(A) of the Vail Town Code is hereby amended as follows: 12-21-10 DEVELOPMENT RESTRICTED. (A) No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of 40% or greater except in single-family residential, two-family residential, or two-family primary/secondary residential, or West Vail Multi-Family zone districts. 6 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX The term “structure” as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. * * * Section 7. Section 12-21-12(B) of the Vail Town Code is hereby amended as follows: 12-21-12 RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES. * * * (B) The following additional special restrictions or requirements shall apply to development on any lot in a Hillside Residential, Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential, or West Vail Multi-Family districts where the average slope of the site beneath the existing or proposed structure and parking area is in excess of 30%: * * * Section 8. Section 12-24-1 of the Vail Town Code is hereby amended as follows: 12-24-1 PURPOSE AND APPLICABILITY. (A) The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. (B) This Chapter shall apply to all new residential development and redevelopment located in the following zone districts, except as provided in § 12-24-5 of this Chapter: (1) High Density Multiple-Family (HDMF); (2) Vail Village Townhouse (VVT); (3) Public Accommodation (PA); (4) Public Accommodation 2 (PA-2); (5) Commercial Core 1 (CC1); (6) Commercial Core 2 (CC2); (7) Commercial Core 3 (CC3); (8) Commercial Service Center (CSC); (9) Arterial Business (ABD); 7 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX (10) General Use (GU); (11) Heavy Service (HS); (12) Lionshead Mixed Use 1 (LMU-1); (13) Lionshead Mixed Use 2 (LMU-2); (14) Ski Base/Recreation (SBR); (15) Ski Base/Recreation 2 (SBR2); (16) Parking District (P); and (17) Special Development (SDD).; and (18) West Vail Multi-Family (WVMF). (C) The requirements of this Chapter shall be in addition to all other requirements of this Code. In the case of a conflict, the stricter provision shall apply. (D) When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. Section 9. Section 12-24-8(b) of the Vail Town Code is hereby amended as follows: 12-24-8 ADMINISTRATION. * * * (B) Review. (1) The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area or a housing plan in the WVMF District that does not include a development plan. (2) The Planning and Environmental Commission shall approve, approve with modifications or deny an all employee housing plans unless except the plans that involves less than 438 square feet of EHU floor area; the developments is located within a special development district; or the plans that includes a request to convey property; or plans located in the WVMF District that do not include a development plan. (3) The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a special development district or a plan requesting to convey property. (4) Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the 8 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the town. Section 10. 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 11. 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 12. 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 13. 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 9 9/28/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 19, SERIES OF 2023 (WVMF)/WVMF DISTRICT-092623.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of October 2023. Witness my hand and seal this 20th day of October 2023. Stephanie Bibbens Town Clerk 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX ORDINANCE NO. 19 SERIES 2023 AN ORDINANCE OF THE TOWN OF VAIL AMENDING TITLE 12 OF THE VAIL TOWN CODE TO ADD THE NEW WEST VAIL MULTI-FAMILY OVERLAY DISTRICT TO FURTHER THE TOWN'S WORKFORCE HOUSING GOALS WHEREAS, the Town currently lacks the necessary workforce housing for workers employed in the Town; WHEREAS, the Town wishes to promote workforce housing in areas that are well- connected to transit in the Town; WHEREAS, the Vail Town Council adopted the West Vail Master Plan on November 2, 2021; WHEREAS, the West Vail Master Plan identified West Vail as the heart of resident occupied housing in the Town of Vail; WHEREAS, Chapter 3 of the West Vail Master Plan identified six goals for housing; WHEREAS, these goals include updates to the Town’s zoning regulations to allow continued improvements to promote workforce housing and enhance aesthetics, WHEREAS, the West Vail Master Plan recommendations include code changes to encourage redevelopment that preserves the character and scale of neighborhoods and supports resident housing; WHEREAS, the West Vail Master Plan recommends growing the number of deed- restricted units in West Vail to address the trend of conversion to second homes; and WHEREAS, the Town finds that this West Vail Multi-Family overlay district will promote the housing goals of the Town by increasing the supply of workforce housing. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 12-6K, to read as follows: ARTICLE 6K: WEST VAIL MULTI-FAMILY (WVMF) OVERLAY DISTRICT 12-6K-1 PURPOSE: The West Vail Multi-Family (WVMF) overlay district is intended to provide employee housing in new or redeveloped multi-family dwellings in areas 2 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX well-connected to transit. It is also intended to provide limited waivers of certain development standards to accommodate redevelopment with employee housing. 12-6K-2 APPLICABILITY: (A)The WVMF overlay district only applies to property located within the project boundary of the West Vail Master Plan. (B)As an overlay district, the WVMF overlay district shall supplement, but not replace, the underlying zone district. In the case of a conflict between the underlying zone district regulations and this Article, this Article shall control. Where this Article is silent, the underlying zone district regulations and any other applicable requirements of this Code shall apply. (C)The WVMF overlay district shall only apply after a rezoning is approved in accordance with § 12-3-7. 12-6K-3 PERMITTED USES: The following uses are permitted: (1)Employee housing, as further regulated by Chapter 13 of this Title; and (2)Multi-family residential dwellings, including without limitation attached dwellings and row dwellings. 12-6K-4 CONDITIONAL USES: The following conditional use is permitted, subject to issuance of a conditional use permit pursuant to Chapter 16 of this Title: bed and breakfasts as further regulated by § 12-14-18. 12-6K-5 ACCESSORY USES: The following accessory uses are permitted: (1)Home occupations, subject to the issuance of a home occupation permit pursuant to § 12-14-12; (2)Home child daycare facilities, as further regulated by § 12-14- 12; (3)Private greenhouses, playhouses, attached garages and carports, swimming pools, patios, and recreation facilities customarily incidental to multi-family residential uses; and 3 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX (4)Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. 12-6K-6 LOT AREA AND SITE DIMENSIONS: (A)The minimum lot size shall be as required by the underlying zone district. (B)Each lot shall have a minimum frontage of thirty (30) feet. 12-6K-7 SETBACKS: The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. 12-6K-8 HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed thirty- five (35) feet, and for a sloping roof, the height of buildings shall not exceed thirty-eight (38) feet. 12-6K-9 DENSITY CONTROL. (A)Gross residential floor area shall not exceed forty-six (46) square feet per each one hundred (100) square feet of lot area except as provided in § 12-6K-14. (B)The maximum density shall be eighteen (18) dwelling units per acre and the minimum density shall be nine (9) dwelling units per acre. 12-6K-10 SITE COVERAGE: Site coverage shall not exceed thirty percent (30%) of the total site area except as provided in § 12-6K-14. 12-6K-11 LANDSCAPING: At least forty percent (40%) of the site shall be landscaped except as provided in § 12-6K-14. 12-6K-12 EMPLOYEE HOUSING. (A)Forty percent (40%) of all newly constructed gross residential floor area shall be employee housing in compliance with Chapter 24 of this Title. (B)All employee housing shall be provided on site, except that developments that require a total of less than four hundred thirty-eight (438) 4 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX square feet of employee housing may provide the required employee housing in accordance with § 12-24-6. 12-6K-13 PARKING: Off-street parking shall comply with Chapter 10 of this Title except as provided in § 12-6K-14. 12-6K-14 EMPLOYEE HOUSING INCENTIVES: The following incentives shall be available for developments with affordable housing: (A)Gross Floor Area. Developments with at least one (1) employee housing unit on-site shall be allowed a gross residential floor area of up to sixty (60) square feet per each one hundred (100) square feet of lot area. (B)Site Coverage. Developments with at least two (2) employee housing units on-site shall be allowed a five percent (5%) increase in the percentage of site coverage permitted. (C)Landscaping and Parking. Developments with at least three (3) employee housing units on-site shall be allowed: (1)A five percent (5%) reduction in the percentage of landscaping required; and (2)A minimum of one (1) parking space per employee housing dwelling unit. (D)Density. Developments with at least four (4) employee housing units on-site shall have no maximum density. Section 2. The table in Section 12-13-4 of the Vail Town Code is hereby amended to add "West Vail Multi-Family" to the "Zoning Districts Permitted by Right" Column for Type VII-IZ Employee Housing Units. Section 3. The table in Section 12-15-2 of the Vail Town Code is hereby amended by the addition of the following row to be inserted as the last row in the table: Zone Districts GRFA Ratio GRFA Credits (Added to Results of Application of Percentage) * * * WVMF Overlay 0.46 of site area None 5 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX Section 4. Section 12-15-3(B) of the Vail Town Code is hereby amended as follows: 12-15-3 DEFINITION, CALCULATION AND EXCLUSIONS: ** * (B)Within the Residential Cluster (RC), Low Density Multiple -Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple- Family (HDMF), Housing (H) and Vail Village Townhouse (VVT), Districts and West Vail Multi-Family Overlay (WVMF) Districts. ** * Section 5. Section 12-15-5(B) of the Vail Town Code is hereby amended as follows: 12-15-5 ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE): ** * (B)Applicability. The provisions of this section shall apply to dwelling units in all zone districts except in the Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Vail Village Townhouse (VVT), Districts and West Vail Multi-Family Overlay (WVMF) Districts. ** * Section 6. Section 12-21-10(A) of the Vail Town Code is hereby amended as follows: 12-21-10 DEVELOPMENT RESTRICTED: (A)No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two- family primary/secondary residential, or in the West Vail Multi-Family zone Overlay Districts. The term “structure” as used in this section does 6 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX not include recreational structures that are intended for seasonal use, not including residential use. ** * Section 7. Section 12-21-12(B) of the Vail Town Code is hereby amended as follows: 12-21-12 RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: ** * (B)The following additional special restrictions or requirements shall apply to development on any lot in a Hillside Residential, Single-Family Residential, Two-Family Residential, or Two-Family Primary/Secondary Residential, or West Vail Multi-Family Overlay Districts where the average slope of the site beneath the existing or proposed structure and parking area is in excess of thirty percent (30%): ** * Section 8. Section 12-24-1 of the Vail Town Code is hereby amended as follows: 12-24-1 PURPOSE AND APPLICABILITY: (A)The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. (B)This Chapter shall apply to all new residential development and redevelopment located in the following zone districts, except as provided in § 12-24-5 of this Chapter: (1)High Density Multiple-Family (HDMF); (2)Vail Village Townhouse (VVT); (3)Public Accommodation (PA); (4)Public Accommodation 2 (PA-2); (5)Commercial Core 1 (CC1); (6)Commercial Core 2 (CC2); (7)Commercial Core 3 (CC3); 7 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX (8)Commercial Service Center (CSC); (9)Arterial Business (ABD); (10)General Use (GU); (11)Heavy Service (HS); (12)Lionshead Mixed Use 1 (LMU-1); (13)Lionshead Mixed Use 2 (LMU-2); (14)Ski Base/Recreation (SBR); (15)Ski Base/Recreation 2 (SBR2); (16)Parking District (P); and (17)Special Development (SDD).; and (18)West Vail Multi-Family Overlay (WVMF). (C)The requirements of this Chapter shall be in addition to all other requirements of this Code. In the case of a conflict, the stricter provision shall apply. Section 9. Section 12-24-8(b) of the Vail Town Code is hereby amended as follows: 12-24-8 ADMINISTRATION: ** * (B)Review. (1)The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area or a housing plan in the West Vail Mult-Family Overlay (WVMF) District that does not include a development plan. (2)The Planning and Environmental Commission shall approve, approve with modifications or deny an all employee housing plans unless except the plans that involves less than 438 square feet of EHU floor area; the plans where the development is located within a special development district; or the plans that includes a request to convey property; or plans located in the West Vail Multi-Family Overlay (WVMF) District that do not include a development plan. (3)The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a special development district or a plan requesting to convey property. 8 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX (4)Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the town. Section 10. 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 11. 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 12. 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 13. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of October, 2023 and a public hearing for second reading of this Ordinance set for the 17th day of October, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 9 10/11/2023 C:\USERS\GROY\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\X21LCNNO\WVMF DISTRICT-O101023.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of October, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of October 2023. Witness my hand and seal this 4th day of October 2023. Stephanie Bibbens Town Clerk Ordinance No. 20, Series of 2023 ORDINANCE NO. 20 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND MARKETING FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 5,568,348 Capital Projects Fund 461,636 Real Estate Transfer Tax Fund 6,076,985 Marketing Fund 125,000 Interfund Transfers (5,568,348) Total $ 6,663,621 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is Ordinance No. 20, Series of 2023 necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of October 2023, and a public hearing shall be held on this Ordinance on the 17th day of October, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: _______________________________ Kim Langmaid, Mayor ___________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 17th day of October 2023. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of October 2023. Witness my hand and seal this 20th day of October 2023. Stephanie Bibbens Town Clerk Ordinance No. 20, Series of 2023 ORDINANCE NO. 20 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND MARKETING FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 5,568,348 Capital Projects Fund 461,636 Real Estate Transfer Tax Fund 6,076,985 Marketing Fund 125,000 Interfund Transfers (5,568,348) Total $ 6,663,621 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is Ordinance No. 20, Series of 2023 necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of October 2023, and a public hearing shall be held on this Ordinance on the 17th day of October, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: _______________________________ Kim Langmaid, Mayor ___________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 17th day of October 2023. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 27th day of October 2023. Witness my hand and seal this 27th day of October 2023. Stephanie Bibbens Town Clerk 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX ORDINANCE NO. 21 SERIES 2023 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 1-4-6, TO ALLOW FOR PENALTY ASSESSMENTS FOR CODE VIOLATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Chapter 4 of Title 1 of the Vail Town Code is amended by the addition of a new Section 1-4-6, to read as follows: § 1-4-6: PENALTY ASSESSMENT: (A)Applicability. A penalty assessment notice may be issued for any offense under this Code. For traffic infractions, the provisions of Article 2A of Chapter 7 of this Code shall apply in lieu of this Section. (B)Notice. The penalty assessment notice shall be indicated on the summons and complaint and shall include the fine amount. If the alleged offender issued a penalty assessment notice hereunder chooses to acknowledge their guilt, they may pay the specified fine online, in person, or by mail at the Municipal Court within the time specified in the notice. If they choose not to acknowledge their guilt and pay the applicable fine, they shall appear as required in the summons and complaint. (C)Fine schedule. 1.The following fines shall apply to penalty assessments other than those specifically listed below: a.First offense: $100; b.Second offense: $500; c.Third offense: $1,000; and d.Fourth and all subsequent offenses: $2,500. 2.For deceptive use of a ski facility, the fine shall be $500 for the first offense, and for any subsequent offense, penalty assessment shall be unavailable. 3.For any bear-related violation, the fine shall be $1,000 for the first offense, and for any subsequent offense, penalty assessment shall be unavailable. For purposes of this subsection, "bear-related violation" includes: non-approved bear resistant/proof garbage and 2 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX recycling containers; improper recycling; feeding wildlife; dawn to dusk residential violation; multi-family housing-residential refuge disposal; garbage/recycling container not secure; garbage/recycling container repair; and address missing from garbage/recycling container. Section 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3.The 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 17th day of October, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 3 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of October, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of November 2023. Witness my hand and seal this 8th day of November 2023. Stephanie Bibbens Town Clerk 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX ORDINANCE NO. 21 SERIES 2023 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 1-4-6, TO ALLOW FOR PENALTY ASSESSMENTS FOR CODE VIOLATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Chapter 4 of Title 1 of the Vail Town Code is amended by the addition of a new Section 1-4-6, to read as follows: § 1-4-6: PENALTY ASSESSMENT: (A)Applicability. A penalty assessment notice may be issued for any offense under this Code. For traffic infractions, the provisions of Article 2A of Chapter 7 of this Code shall apply in lieu of this Section. (B)Notice. The penalty assessment notice shall be indicated on the summons and complaint and shall include the fine amount. If the alleged offender issued a penalty assessment notice hereunder chooses to acknowledge their guilt, they may pay the specified fine online, in person, or by mail at the Municipal Court within the time specified in the notice. If they choose not to acknowledge their guilt and pay the applicable fine, they shall appear as required in the summons and complaint. (C)Fine schedule. 1.The following fines shall apply to penalty assessments other than those specifically listed below: a.First offense: $100; b.Second offense: $500; c.Third offense: $1,000; and d.Fourth and all subsequent offenses: $2,500. 2.For deceptive use of a ski facility, the fine shall be $500 for the first offense, and for any subsequent offense, penalty assessment shall be unavailable. 3.For any bear-related violation, the fine shall be $1,000 for the first offense, and for any subsequent offense, penalty assessment shall be unavailable. For purposes of this subsection, "bear-related violation" includes: non-approved bear resistant/proof garbage and 2 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX recycling containers; improper recycling; feeding wildlife; dawn to dusk residential violation; multi-family housing-residential refuge disposal; garbage/recycling container not secure; garbage/recycling container repair; and address missing from garbage/recycling container. Section 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3.The 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 17th day of October, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 3 10/27/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC088899\@BCL@AC088899.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of October, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of November 2023. Witness my hand and seal this 8th day of November 2023. Stephanie Bibbens Town Clerk 10/26/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX ORDINANCE NO. 22 SERIES OF 2023 AN ORDINANCE REZONING A PORTION OF LOT 1, TIMBER RIDGE SUBDIVISION, FROM UNDESIGNATED TO HOUSING (H) WHEREAS, the Town is in the process of acquiring the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land Use Plan, via Resolution 27, Series of 1986; WHEREAS, on June 21, 2023, the Town filed an application to rezone the Property from undesignated to Housing (H) and to update the Vail Land Use Plan accordingly (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on August 28, 2023, the Planning and Environmental Commission (the "PEC") held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on November 7, 2023, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the Application and recommendation of the Planning Commission, hearing the statements of Town staff and the public, and giving due consideration to the matter, finds and determines as follows : a. The rezoning is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the priorities of the Vail Town Council Action Plan and is compatible with the development objectives of the Town; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning 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 . 2 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX Section 2. Based on the foregoing findings, the Town Council hereby rezones the Property from undesignated to Housing (H). Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 7. This ordinance shall take effect on January 1, 2024. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of November, 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 3 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _____ day of ____, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 4 11/1/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX EXHIBIT A Legal Description of Property Beginning at a point on the Right-of-Way ("ROW") of said I-70 from which the center of said Section 12 bears S10°07'54"W 1217.48 feet; thence S52°50'29"W 408.80 feet; thence N37°09'31"W 109.99 feet to a point on the ROW of said I -70; thence along said ROW the following two courses: (1) N52°50'29" E 108.80 feet; (2) N72°58'35" E 319.53 feet to the point of beginning. PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of November 2023. Witness my hand and seal this 22nd day of November 2023. Stephanie Bibbens Town Clerk 10/26/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX ORDINANCE NO. 22 SERIES OF 2023 AN ORDINANCE REZONING A PORTION OF LOT 1, TIMBER RIDGE SUBDIVISION, FROM UNDESIGNATED TO HOUSING (H) WHEREAS, the Town is in the process of acquiring the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land Use Plan, via Resolution 27, Series of 1986; WHEREAS, on June 21, 2023, the Town filed an application to rezone the Property from undesignated to Housing (H) and to update the Vail Land Use Plan accordingly (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on August 28, 2023, the Planning and Environmental Commission (the "PEC") held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on November 7, 2023, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the Application and recommendation of the Planning Commission, hearing the statements of Town staff and the public, and giving due consideration to the matter, finds and determines as follows : a. The rezoning is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the priorities of the Vail Town Council Action Plan and is compatible with the development objectives of the Town; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning 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 . 2 11/15/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX Section 2. Based on the foregoing findings, the Town Council hereby rezones the Property from undesignated to Housing (H). Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 7. This ordinance shall take effect on March 1, 2024. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of November, 2023 and a public hearing for second reading of this Ordinance set for the 7 day of November, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 3 11/15/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of November, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 4 11/15/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX EXHIBIT A Legal Description of Property Beginning at a point on the Right-of-Way ("ROW") of said I-70 from which the center of said Section 12 bears S10°07'54"W 1217.48 feet; thence S52°50'29"W 408.80 feet; thence N37°09'31"W 109.99 feet to a point on the ROW of said I -70; thence along said ROW the following two courses: (1) N52°50'29" E 108.80 feet; (2) N72°58'35" E 319.53 feet to the point of beginning. PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of November 2023. Witness my hand and seal this 8th day of November 2023. Stephanie Bibbens Town Clerk Ordinance No. 24, Series of 2023 ORDINANCE NO. 24 SERIES OF 2023 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2024 THROUGH DECEMBER 31, 2024 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2024 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2024, and ending on the 31st day of December, 2024: FUND AMOUNT General Fund $87,436,005 Capital Projects Fund 21,049,192 Real Estate Transfer Tax Fund 9,074,420 Housing Fund 11,500,000 Vail Marketing Fund 3,177,658 Heavy Equipment Fund 5,133,778 Dispatch Services Fund 3,523,513 Health Insurance Fund 6,930,678 Residences at Main Vail Fund 1,782,321 Timber Ridge Enterprise Fund 39,232,600 Total 188,840,165 Less Interfund Transfers (53,204,841) Net Expenditure Budget 135,635,323 Ordinance No. 24, Series of 2023 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2024 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 7th day of November, 2023. A public hearing shall be held hereon on the 21st day of November, 2023, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: __________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of November 2023. Witness my hand and seal this 22nd day of November 2023. Stephanie Bibbens Town Clerk Ordinance No. 24, Series of 2023 ORDINANCE NO. 24 SERIES OF 2023 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2024 THROUGH DECEMBER 31, 2024 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2024 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2024, and ending on the 31st day of December, 2024: FUND AMOUNT General Fund $86,954,673 Capital Projects Fund 21,049,192 Real Estate Transfer Tax Fund 9,339,944 Housing Fund 11,500,000 Vail Marketing Fund 3,177,658 Heavy Equipment Fund 5,111,847 Dispatch Services Fund 3,481,250 Health Insurance Fund 6,214,167 Residences at Main Vail Fund 1,841,421 Timber Ridge Enterprise Fund 39,232,600 Total 187,902,751 Less Interfund Transfers (53,087,040) Net Expenditure Budget 134,815,711 Ordinance No. 24, Series of 2023 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2024 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 7th day of November, 2023. A public hearing shall be held hereon on the 21st day of November, 2023, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk Ordinance No. 24, Series of 2023 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of November, 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of November 2023. Witness my hand and seal this 8th day of November 2023. Stephanie Bibbens Town Clerk 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC0BF8A5\@BCL@CC0BF8A5.DOCX ORDINANCE NO. 25 SERIES 2023 AN ORDINANCE AMENDING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE CONCERNING THE REGULATION OF FOOD CONTAINERS NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.The title of Chapter 13 of Title 5 of the Vail Town Code is hereby amended, to read as follows: CHAPTER 13: CARRYOUT BAGS AND FOOD CONTAINERS Section 2.Section 5-13-2 of the Vail Town Code is hereby amended with the addition of new definition to be placed in alphabetical order, to read as follows: § 5-13-2. DEFINITIONS. EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as StyrofoamTM, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include: (a)For expandable bead polystyrene, fusion of polymer spheres; (b)Injection molding; (c)Foam molding; and (d)For extruded foam polystyrene, extrusion blow molding. Section 3.Section 5-13-6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 5-13-6. POLYSTYRENE FOOD CONTAINERS. (A)Effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready- to-eat food in the Town. (B)Notwithstanding subsection (A) hereof, if a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use as containers for ready-to-eat food in the Town until the inventory is depleted. 2 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC0BF8A5\@BCL@CC0BF8A5.DOCX Section 4.Chapter 13 of Title 5 of the Vail Town Code is amended by the addition of a new Section 5-13-7, to read as follows: 5-13-7: VIOLATION AND PENALTY: (A)It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B)Violations of this Chapter shall be punishable as follows: (1)First violation in any calendar year: a fine of $50; (2)Second violation in the same calendar year: a fine of $100; and (3)Third or subsequent violation in the same calendar year: a fine of $300. Section 5.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 6 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 7.The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8.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. 3 11/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@CC0BF8A5\@BCL@CC0BF8A5.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of October, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of November, 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 7th day of November, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of November 2023. Witness my hand and seal this 22nd day of November 2023. Stephanie Bibbens Town Clerk 11/6/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@6407529D\@BCL@6407529D.DOCX ORDINANCE NO. 25 SERIES 2023 AN ORDINANCE AMENDING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE CONCERNING THE REGULATION OF FOOD CONTAINERS NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.The title of Chapter 13 of Title 5 of the Vail Town Code is hereby amended, to read as follows: CHAPTER 13: CARRYOUT BAGS AND FOOD CONTAINERS Section 2.Section 5-13-2 of the Vail Town Code is hereby amended with the addition of new definition to be placed in alphabetical order, to read as follows: § 5-13-2. DEFINITIONS. EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as StyrofoamTM, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include: (a)For expandable bead polystyrene, fusion of polymer spheres; (b)Injection molding; (c)Foam molding; and (d)For extruded foam polystyrene, extrusion blow molding. Section 3.Section 5-13-6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 5-13-6. POLYSTYRENE FOOD CONTAINERS. (A)Effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready- to-eat food in the Town. (B)Notwithstanding subsection (A) hereof, if a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use as containers for ready-to-eat food in the Town until the inventory is depleted. 2 11/6/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@6407529D\@BCL@6407529D.DOCX Section 4.Chapter 13 of Title 5 of the Vail Town Code is amended by the addition of a new Section 5-13-7, to read as follows: 5-13-7: VIOLATION AND PENALTY: (A)It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B)Violations of this Chapter shall be punishable as follows: (1)First violation in any calendar year: a fine of $50; (2)Second violation in the same calendar year: a fine of $100; and (3)Third or subsequent violation in the same calendar year: a fine of $300. Section 5.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 6 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 7.The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8.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. 3 11/6/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@6407529D\@BCL@6407529D.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of November, 2023 and a public hearing for second reading of this Ordinance set for the 21st day of November, 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 21st day of November, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 26, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of November 2023. Witness my hand and seal this 22nd day of November 2023. Stephanie Bibbens Town Clerk 1 11/15/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@C40B6D18\@BCL@C40B6D18.DOCX ORDINANCE NO. 26 SERIES OF 2023 AN ORDINANCE REZONING LOT G, VAIL VILLAGE FILING NO. 2 FROM PUBLIC ACCOMMODATION (PA) TO COMMERCIAL CORE 1 (CC1) WHEREAS, FirstBank of Vail (the "Applicant") owns the real property more particularly described as Lot G, Vail Village Filing No. 2, Vail, Colorado, and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on July 28, 2023, the Applicant filed an application to rezone the Property from Public Accommodation (PA) to Commercial Core 1 (CC1), (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on September 25, 2023, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on November 21, 2023, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a.The rezoning 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; b.The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c.The rezoning promotes the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2.Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property from Public Accommodation (PA) to Commercial Core 1 (CC1). 2 11/15/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@C40B6D18\@BCL@C40B6D18.DOCX Section 3.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4.The 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 5.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 6.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st day of November, 2023 and a public hearing for second reading of this Ordinance set for the 5th day of December, 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 5th day of December, 2023. _____________________________ Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 3 11/15/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@C40B6D18\@BCL@C40B6D18.DOCX EXHIBIT A PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 26, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of December 2023. Witness my hand and seal this 6th day of December, 2023. Stephanie Bibbens Town Clerk 1 11/20/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B4091DCE\@BCL@B4091DCE.DOCX ORDINANCE NO. 26 SERIES OF 2023 AN ORDINANCE REZONING LOT G, VAIL VILLAGE FILING NO. 2 FROM PUBLIC ACCOMMODATION (PA) TO COMMERCIAL CORE 1 (CC1) WHEREAS, FirstBank of Vail (the "Applicant") owns the real property more particularly described as Lot G, Vail Village Filing No. 2, Vail, Colorado, and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on July 28, 2023, the Applicant filed an application to rezone the Property from Public Accommodation (PA) to Commercial Core 1 (CC1), (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on September 25, 2023, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on November 21, 2023, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a.The rezoning 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; b.The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c.The rezoning promotes the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2.Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property from Public Accommodation (PA) to Commercial Core 1 (CC1). 2 11/20/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B4091DCE\@BCL@B4091DCE.DOCX Section 3.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4.The 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 5.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 6.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st day of November, 2023 and a public hearing for second reading of this Ordinance set for the 5th day of December, 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 5th day of December, 2023. _____________________________ Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 3 11/20/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@B4091DCE\@BCL@B4091DCE.DOCX EXHIBIT A PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 27, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of November 2023. Witness my hand and seal this 22nd day of November 2023. Stephanie Bibbens Town Clerk Ordinance 27, Series of 2023 ORDINANCE NO. 27 SERIES OF 2023 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2023 TAX YEAR AND PAYABLE IN THE 2024 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2023 year and payable in the 2024 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2024 fiscal year, the Town Council hereby levies a property tax of 4.959 mills upon each dollar of the total assessed valuation of $1,639,723,450 for the 2023 tax year of all taxable property within the Town, which will result in a gross tax levy of $8,131,388 calculated as follows: Base mill levy 4.957 $8,128,109 Abatement levy .002 _ 3,279 Total mill levy 4.959 $8,131,388 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 27, Series of 2023 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 21st day of November, 2023. A public hearing shall be held hereon at 6 P.M. on the 5th day of December 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 28, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of December 2023. Witness my hand and seal this 6th day of December, 2023. Stephanie Bibbens Town Clerk Ordinance No. 28, Series of 2023 ORDINANCE NO. 28 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, VAIL MARKETING FUND, HEAVY EQUIPMENT FUND, AND TIMBER RIDGE FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,671,368 Capital Projects Fund 30,000 Real Estate Transfer Tax Fund 327,934 Housing Fund 167,104 Vail Marketing Fund 12,022 Heavy Equipment Fund 227,702 Timber Ridge Enterprise Fund 129,600 Interfund Transfers (274,000) Total $ 2,291,730 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 28, Series of 2023 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3.The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4.The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December 2023, and a public hearing shall be held on this Ordinance on the 19th day of December, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: _______________________________ Mayor ___________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 28, Series of 2023, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th day of December 2023. Witness my hand and seal this 19th day of December, 2023. Stephanie Bibbens Town Clerk Ordinance No. 28, Series of 2023 ORDINANCE NO. 28 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, VAIL MARKETING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, RESIDENCES AT MAIN VAIL FUND, AND TIMBER RIDGE FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,671,368 Capital Projects Fund 663,000 Real Estate Transfer Tax Fund 299,943 Housing Fund 1,292,104 Vail Marketing Fund 12,022 Heavy Equipment Fund 478,902 Dispatch Services Fund 105,000 Residences at Main Vail Fund 350,000 Timber Ridge Enterprise Fund 975,600 Interfund Transfers (1,504,000) Total $ 4,343,939 Ordinance No. 28, Series of 2023 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December 2023, and a public hearing shall be held on this Ordinance on the 19th day of December, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: _______________________________ Travis Coggin, Mayor ___________________________ Stephanie Bibbens, Town Clerk Ordinance No. 28, Series of 2023 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of December 2023. ____________________________ Travis Coggin, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 29, Series of 2023, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th day of December 2023. Witness my hand and seal this 19th day of December, 2023. Stephanie Bibbens Town Clerk 12/13/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 29, SERIES OF 2023 (HOUSING)/ORDINANCE NO. 29, SERIES OF 2023.DOCX ORDINANCE NO. 29 SERIES 2023 AN ORDINANCE AMENDING TITLE 12, CHAPTER 6 OF THE VAIL TOWN CODE TO AMEND THE CURRENT HOUSING DISTRICT REGULATIONS AND TO ESTABLISH A NEW HOUSING DISTRICT, AND AMENDING SECTIONS 14-6-7 AND 14-10-9 OF THE VAIL TOWN CODE TO INCREASE THE MAXIMUM HEIGHT OF RETAINING WALLS IN THE HOUSING DISTRICTS WHEREAS, on December, 11, 2023, the Planning and Environmental Commission held a properly-noticed public hearing on proposed amendments to the current Housing District regulations, the establishment of a new Housing District, and the increase in the height of retaining walls in the Housing Districts, and recommended that the Town Council approve such amendments; WHEREAS, the Town's economy is largely tourist based and the health of this economy is premised on exemplary service for the Town's guests, and the Town's ability to provide such service is dependent upon a strong, high quality and consistently available work force; WHEREAS, to achieve such a work force, the Town must work to provide quality living and working conditions, and the availability of community housing plays a critical role in creating quality living and working conditions for the community’s work force; and WHEREAS, the Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community, and the Town has a role, in conjunction with the private sector, in ensuring that housing is available. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Article 6I of Chapter 6 of Title 12 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: ARTICLE 12-6I: HOUSING (H) DISTRICT § 12-6I-1. PURPOSE. The Housing District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. This zone district allows flexibility to provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. The Housing District is intended to ensure that employee housing is appropriately located and designed to meet the needs of residents of the Town, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. 2 § 12-6I-2. PERMITTED USES. The following uses are permitted in the H District: (1) Bicycle and pedestrian paths; (2) Wireless communications facilities; (3) Employee housing units; (4) Passive outdoor recreation areas and open space.; (5) Public buildings, grounds and facilities; (6) Public parks and recreational facilities; and (7) Public utilities installations including transmission lines and appurtenant equipment. § 12-6I-3. CONDITIONAL USES. The following conditional uses are permitted in the H District, subject to issuance of a conditional use permit: (1) Public and private schools; and (2) Commercial uses secondary and incidental to employee housing and specifically serving the needs of the residents, including the following: (a) Automated teller machines; (b) Banks and financial institutions; (c) Business offices and professional offices; (d) Eating and drinking establishments; (e) Funiculars and other similar conveyances; (f) Health clubs; (g) Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops and similar services; and (h) Retail stores and establishments. § 12-6I-4. ACCESSORY USES. The following accessory uses are permitted in the H District: (1) Home occupations, subject to issuance of a home occupation permit; (2) Childcare facilities; (3) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; and (4) Dwelling units other than employee housing units, if: 3 (a) Such dwelling units are created solely for the purpose of subsidizing employee housing on the property; (b) Such dwelling units are not the primary use of the property. (c) The GRFA for such dwelling units does not exceed thirty percent (30%) of the total GRFA constructed on the property; (d) Such dwelling units are only created in conjunction with employee housing; and (e) Such dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties; and (5) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. § 12-6I-5. SETBACKS. The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. § 12-6I-6. SITE COVERAGE. Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at least seventy-five percent (75%) of the required parking spaces are enclosed, site coverage may be increased to sixty-five percent (65%). § 12-6I-7. LANDSCAPING AND SITE DEVELOPMENT. At least twenty-five percent (25%) of the total site area shall be landscaped. § 12-6I-8. LOT AREA. The minimum lot area shall be ten thousand (10,000) square feet. § 12-6I-9. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed seventy (70) feet. For a sloping roof, the height of buildings shall not exceed eighty-two and a half (82.5) feet. § 12-6I-10. DENSITY. There is no limitation on the number of dwelling units per acre. § 12-6I-11. GROSS RESIDENTIAL FLOOR AREA. There is no limitation on the amount of gross residential floor area. § 12-6I-12. PARKING. Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces per dwelling unit. Applications shall include: number and layout of parking spaces being provided onsite; details of any offsite parking being 4 provided; details of bicycle parking provided onsite; and provisions for guest parking and assigned parking spaces. § 12-6I-13. MOBILITY. (1) General. Developments providing less than the prescribed number of parking spaces shall require a Mobility Management Plan approved by the Planning and Environmental Commission. (2) Mobility Management Plan. The Mobility Management Plan shall include: (a) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (b) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; (c) A professionally produced parking study, unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (d) Existence of any bike or vehicle share/shuttle program; (e) Covered/protected/secured bike parking/storage; (f) Provisions for guest parking and management; (g) Provisions for seasonal variations; and (h) Provisions for off-site vehicle storage, which may be located at any distance from the site. (3) Review criteria. To be approved, a Mobility Management Plan shall: (a) Provide adequate off-street parking for the quantity of proposed beds in relation to the proximity of the development to core services and public transit, based on: (1) Hierarchy of bus routes (regional vs. local); (2) Proximity to job centers; and (3) Proximity to commercial area. (b) Provide adequate off-street parking in consideration of other provided mobility options including vehicle share/shuttle programs; and (4) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained: (a) Personal vehicles shall not be parked in areas designated for fire service or in a dedicated emergency access easement. 5 (b) Personal vehicles shall not be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the Town. (c) Personal vehicles shall not be parked in the public right-of- way. (d) Personal vehicles shall not be parked in areas other than designated spaces as shown on the approved site plan. (e) At no times shall parking extend into required drive aisles. (f) Goods, trailers, campers, or unlicensed vehicles shall not be stored in designated parking areas. (g) Bike parking shall be maintained at all times in a clean, safe and functional condition. (5) Reporting. For the first two (2) years following the implementation of a Mobility Management Plan, a report shall be submitted to the Community Development Department, within thirty (30) days of the date of the anniversary of the first-issued certificate of occupancy for the development, including the following information: (a) Number of occupied units and number of residents per unit. (b) Usage of mobility services; (c) Results of surveys of residents concerning parking; (d) Reports of any code enforcement/fire/parking complaints; and (e) A parking utilization study during summer and winter. (6) Enforcement. Failure to comply with a Mobility Management Plan shall be considered a zoning violation under § 12-3-9 of this Title. (7) Amendment Procedures. (a) Amendments to an approved Mobility Management Plan shall be reviewed by the Planning and Environmental Commission Meeting at a public hearing in accordance with 12-3-6. § 12-6I-14. LOCATION OF BUSINESS ACTIVITY. (1) Limitation. All conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as specifically authorized to be unenclosed by a conditional use permit, and the outdoor display of goods. (2) Outdoor display areas. The area to be used for outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 6 Section 2. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 12-6L, to read as follows: ARTICLE 6L: HOUSING TWO (H-2) DISTRICT § 12-6L-1. PURPOSE. The H-2 District is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. The H-2 District provides flexibility to provide for the critical need for housing to serve local citizens and businesses, and to provide for the public welfare. The H-2 District is intended to ensure that employee housing is appropriately located and designed to meet the needs of Town residents, to harmonize with surrounding uses, and to ensure adequate light, air, open spaces and other amenities appropriate to the allowed types of uses. The H-2 District is intended to apply to properties located in areas developed with low density residential uses where it may be more appropriate to have lower residential building forms. § 12-6L-2. PERMITTED USES. The following uses are permitted in the H-2 District: (1) Bicycle and pedestrian paths; (2) Wireless communication facilities; (3) Employee housing units; (4) Passive outdoor recreation areas, and open space; (5) Public buildings, grounds and facilities; (6) Public parks and recreational facilities; and (7) Public utilities installations including transmission lines and appurtenant equipment. § 12-6L-3. CONDITIONAL USES. The following conditional uses are permitted in the H-2 District, subject to issuance of a conditional use permit: (1) Public and private schools; and (2) Commercial uses which are secondary and incidental to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: (a) Automated teller machines; (b) Banks and financial institutions; 7 (c) Business offices and professional offices; (d) Eating and drinking establishments; (e) Funiculars and other similar conveyances; (f) Health clubs; (g) Personal services, including without limitation laundromats, beauty and barber shops, tailor shops and similar services; and (h) Retail stores and establishments. § 12-6L-4. ACCESSORY USES. The following accessory uses are permitted in the H-2 District: (1) Home occupations, subject to issuance of a home occupation permit; (2) Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools or recreation facilities customarily incidental to permitted residential uses; (3) Childcare facilities; (4) Dwelling units other than employee housing units, if such dwelling units: (a) Are created solely for the purpose of subsidizing employee housing on the property; (b) Are not the primary use of the property; (c) Do not exceed thirty percent (30%) of the total GRFA constructed on the property; and (d) Are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties; and (5) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. § 12-6L-5. SETBACKS. The minimum front setback shall be twenty (20) feet, the minimum side setback shall be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet. § 12-6L-6. SITE COVERAGE. Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at least seventy-five percent (75%) of the required parking spaces are underground or enclosed, site coverage may be increased to sixty-five percent (65%). 8 § 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT. At least twenty-five percent (25%) of the total site area shall be landscaped. § 12-6L-8. LOT AREA. The minimum lot area shall be ten thousand (10,000) square feet. § 12-6L-9. HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed thirty- five (35) feet. For a sloping roof, the height of buildings shall not exceed forty-three (43) feet. § 12-6L-10. DENSITY. There is no limitation on the number of dwelling units per acre. § 12-6L-11. GROSS RESIDENTIAL FLOOR AREA. There is no limitation on the amount of gross residential floor area. § 12-6L-12. PARKING. Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces per dwelling unit or employee housing unit, which represents all parking, including visitor parking. Applications shall include number and layout of onsite parking spaces; details of any offsite parking being provided; onsite bicycle parking; provisions for guest parking; and assigned parking spaces. § 12-6L-13. MOBILITY. (1) General. Developments providing less than the prescribed number of parking spaces shall require a Mobility Management Plan approved by the Planning and Environmental Commission. (2) Mobility Management Plan. The Mobility Management Plan shall include: (a) Layout of proposed covered and uncovered parking including applicable dimensions, provisions for stacked parking and compact spaces, if proposed; (b) Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction; (c) A professionally produced parking study, unless a determination is made by the Administrator that such study is unnecessary due to the scale and character of the proposal; (d) Existence of any bike or vehicle share/shuttle program; (e) Covered/protected/secured bike parking/storage; (f) Provisions for guest parking and management; (g) Provisions for seasonal variations; and 9 (h) Provisions for off-site vehicle storage, which may be located at any distance from the site. (3) Review criteria. To be approved, a Mobility Management Plan shall: (a) Provide adequate off-street parking for the quantity of proposed beds in relation to the proximity of the development to core services and public transit, based on: (1) Hierarchy of bus routes (regional vs. local); (2) Proximity to job centers; and (3) Proximity to commercial area. (b) Provide adequate off-street parking in consideration of other provided mobility options including vehicle share/shuttle programs; and (4) Performance standards. After implementation of a Mobility Management Plan, the following performance standards shall be maintained: (a) Personal vehicles shall not be parked in areas designated for fire service or in a dedicated emergency access easement. (b) Personal vehicles shall not be parked on adjacent properties unless permission has been obtained in writing and provided to and approved by the Town. (c) Personal vehicles shall not be parked in the public right-of- way. (d) Personal vehicles shall not be parked in areas other than designated spaces as shown on the approved development plan. (e) At no times shall parking extend into required drive aisles. (f) Goods, trailers, campers, or unlicensed vehicles shall not be stored in designated parking areas. (g) Bike parking shall be maintained at all times in a clean, safe and functional condition. (5) Reporting. For the first two (2) years following the implementation of a Mobility Management Plan, a report shall be submitted to the Community Development Department, within thirty (30) days of the date of the anniversary of the first-issued certificate of occupancy for the development, including the following information: (a) Number of occupied units and number of residents per unit. (b) Usage of mobility services; (c) Results of survey of residents concerning parking; (d) Reports of any code enforcement complaints; and (e) A parking utilization study during summer and winter. 10 (6) Enforcement. Failure to comply with a Mobility Management Plan shall be considered a zoning violation under § 12-3-9 of this Title. (7) Amendment Procedures. (a) Amendments to an approved Mobility Management Plan shall be reviewed by the Planning and Environmental Commission Meeting at a public hearing in accordance with 12-3-6. § 12-6L-14: LOCATION OF BUSINESS ACTIVITY: (1) Limitation. All conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as specifically authorized to be unenclosed by a conditional use permit, and the outdoor display of goods. (2) Outdoor display areas. The area to be used for outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Section 3. Section 14-6-7 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 14-6-7: RETAINING WALLS. (A) Review. All retaining walls shall be reviewed by the Design Review Board to determine compatibility with the existing topography of and the materials in use. (B) Height. (1) Retaining walls shall not exceed an exposed face height of six (6) feet, except in the H or H-2 Districts, where retaining walls shall not exceed an exposed face height of fifteen (15) feet. (2) In a front setback, retaining walls shall not exceed an exposed face height of three (3) feet, unless related to access to or development of a structure on slopes in excess of thirty percent (30%). (3) Retaining walls associated with a street located in a public right-of-way, or access to an underground covered parking structure are exempt from these height limits. (4) All retaining walls over four (4) feet in height, measured from the bottom of a footing to the top of wall as per the adopted Building Code, shall be engineered and stamped by a licensed Colorado professional engineer, and shall include engineered stamped plans, profiles, sections, details and engineering analyses and calculations. (5) All retaining walls in a public right-of-way over three (3) feet in height, measured from the bottom of a footing to the top of wall as per the 11 adopted Building Code, shall be engineered and stamped by a licensed Colorado professional engineer, and shall include engineered stamped plans, profiles, sections, details and engineering analyses and calculations. (6) The height limit for retaining walls is based on the exposed height of either a single or combined height of combination walls. If the batter (slope of the face of the wall) is greater than one to one (1:1), the wall shall be engineered and stamped by a licensed Colorado professional engineer, and shall include engineered stamped plans, profiles, sections, details and engineering analyses and calculations. (C) Landscaping. To avoid excessive vertical expanses of retaining walls and to provide visual relief in areas highly visible to the public, the Design Review Board may require landscaping in front of walls and landscape benches between walls. (D) Location. Retaining walls shall be located at least two (2) feet from adjacent private property boundaries and at least ten (10) feet from the edge of a public street unless otherwise approved by the Design Review Board. (E) Combination retaining walls. A retaining wall is considered a combination wall if the upper wall falls within a prism defined as starting one (1) foot behind the face of the lower wall at the lowest finished grade line and then back at a one and one-half to one (1.5:1) angle from the starting point. The minimum bench of combination retaining walls shall be four (4) feet. All combination retaining walls shall be engineered and stamped by a licensed Colorado professional engineer, and shall include engineered stamped plans, profiles, sections, details and engineering analyses and calculations. Section 4. Section 14-10-9(E) of the Vail Town Code is hereby amended as follows: § 14-10-9 FENCES, HEDGES, WALLS AND SCREENING. * * * (E) Height limitations. Fences, hedges, walls and landscaping screens shall not exceed three (3) feet in height within any required front setback area and shall not exceed six (6) feet in height in any other portion of the site, except in the Housing (H) District and Housing Two (H-2) District, where retaining walls shall not exceed an exposed face height of fifteen (15) feet. provided that higher Higher fences, hedges, walls or landscaping screens may be authorized by the Administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. Section 5. 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 12 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 6. 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 7. 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 8. 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 19 day of December, 202 3 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2024. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk