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HomeMy WebLinkAbout2005-02-15 Support Documentation Town Council Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, FEBRUARY 15, 2005 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/TOPIC: Citizen Input (10 min.) 2. ERW&SD ITEM/TOPIC: Resolution No. #3, Series of 2005, Opposition to Senate Bill 62 (SB62). A resolution expressing vigorous opposition to SB62 and urges Senator Jack Taylor to immediately withdraw this discriminatory, dangerous and completely unwarranted legislation. (5 min.) 3. Greg Moffet ITEMROPIC: Resolution No. #4, Series of 2005. Rotary International's 100'h Anniversary. (5 min.) 4. Pam Brandmeyer ITEM/TOPIC: Vail Local Marketing District Advisory Council (VLMDAC) Appointment. (5 min.) . ACTION .REQUESTED OF COUNCIL: Appoint one applicant to the VLMDAC to fill a vacancy left by Scott Gubrud for the balance of a term ending December, 2006. BACKGROUND RATIONALE: There is currently one vacancy on the VLMDAC. The Town received four (4) applications for the vacancy. The Council needs to interview each applicant at the work session and then appoint one applicant to the Vail Local Marketing District Advisory Council at the evening meeting. The applicants are as follows: Douglas Brooks Scott Fulton Chris Romer Jack Waller RECOMMENDATION: Appoint one member to the VMLDAC to fill the vacancy left by Scott Gubrud, term ending December, 2006. 5. Stan Zemler ITEM/TOPIC: Presentation by the I-70 coalition on the Preliminary Environmental Impact Statement (PEIS). (11h hrs.) 6. Russ Forrest ITEMlTOPIC: Consideration of a recommendation by the Open Space Board of Trustees to include 21 parcels of land in 16 areas as designated open space. (60 min.) ACTION REQUESTED OF COUNCIL: Approve all or a portion of the recommended parcels of land for designated open space. In addition, consider 3 parcels of land for designation as a park so they could be considered in the future for designated open space. OPEN SPACE BOARD OF TRUSTEES RECOMMENDATION: On January 25, 2005 the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to recommend twenty properties (16 areas) to the Vail Town Council for Open Space Designation. Attachment A summarizes the 21 parcels and 16 different areas that the committee is recommending the Town Council consider for designated open space. A map of Town owned lands with the recommended parcels identified in red on the map is provided. (Attachment B) Furthermore, the Open Space Board of Trustees voted unanimously to forward a recommendation to the Vail Town Council that the properties in Attachment B referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. 7. Bill Gibson ITEM/TOPIC: First Reading of Ordinance No. #6, Series of 2005, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase I, to allow for modifications to Units 16, 17 AND 29, Vail Village Plaza Condominiums, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1St Filing, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 6, Series of 2005, on first reading. BACKGROUND RATIONALE: On January 24, 2005, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 6, Vail Village Inn. 8. Bill Carlson ITEMlTOPIC: Second Reading of Ordinance No. #3, Series of 2005, an ordinance amending Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. (5 min.) ITEMlTOPIC: Second Reading of Ordinance No. #3, Series of 2005., an ordinance amending Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 3, Series of 2005, to March 1, 2005. BACKGROUND RATIONALE: On November 8, 2004, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments. On February 1, 2005, the Town Council approved the first reading of Ordinance No. 3, Series of 2005, by a vote of 7-0. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council table the second reading of Ordinance No. 3, Series of 2005, to March 1, 2005. 9. Charlie Davis ITEM/TOPIC: Second Reading of Ordinance No. #4, Series of 2005, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above- described codes, adopting certain appendices, setting forth certain amendments thereto, and setting for details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2005, on second reading. BACKGROUND RATIONALE: On January 24, 2005, the Town of Vail Building and Fire Code Board of Appeals forwarded a recommendation of approval to the Town Council for the proposed text amendments. 10. ITEM/TOPIC: Town Manager's Report (20 min.) - Information Booth Updates. Update on Proposed Vail Visitor Center Request for Proposal (RFP) Process and Next Steps A memo is attached which contains a proposed timetable and recommended steps to be used in selection of an operator for the Vail Visitor Centers for the next contract period, beginning October 1, 2005. The proposed timetable includes 7 phases as follows: --Phase 1-Information Gathering, February 15 -March 15, 2005 --Phase 2--Development of Request for Proposals Criteria, March 15 -April 19, 2005 --Phase 3--Issuance of Request for Proposals, April 20 -June 1, 2005 --Phase 4--Evaluation of Proposals, June 2 -June 5, 2005 --Phase 5--Selection of Operator, June 21 -July 5, 2005 --Phase 6--Approval of Operating Agreement, July 6 -August 2, 2005 --Phase 7--Preparation for New Contract Period, August 3 - October 1, 2005 Staff recommends reinstalling the Council Visitor Center Subcommittee (Farrow Hitt, Kim Ruotolo, Stan Zemler, Suzanne Silverthorn) to manage the process and bring its recommendations to the full Council for decisions on the RFP document and selection of the operator. Following review of the proposed process, staff will incorporate suggested modifications and seek direction to proceed. Visitor Center Master Plan Simultaneous to the steps outlined above, staff is also contemplating development of a Visitor Information Master Plan to be completed in the fall of 2005. As proposed, this master plan would include an audit of our current visitor information systems as they relate to guest arrival, the experience while here, and guest departure. In addition, the master plan would contain a hierarchy for way finding systems and would address future location(s) and related services for the Vail Visitor Centers. Staff is currently exploring a-scope of work for this project and will provide an update at the next meeting. - Commission on Special Event (CSE) Logo Recommendation. At their January 25, 2005, meeting, the CSE voted to send the following recommendation to the Vail Town Council: Instead of the regular Town of Vail municipal logo, the CSE is asking that all formal contracts with special events promoters require the use of the Vail Local Marketing District's THINK SUMMER. THINK VAIL. logo in all advertising and marketing material. Please see attached "pro" and "con" worksheet provided by the CSE for your consideration. STAFF RECOMMENDATION: Require all special events promoters (based on seasonality) through contract with the CSE to incorporate both the Town of Vail municipal logo, as well as the THINK SUMMER. THINK VAIL. logo on all advertising and marketing promotions. (5 min.) - Formation of Seibert Circle Committee. Please see attachment. 11. ITEMlTOPIC: Adjournment (9:50 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, MARCH 1, 2005, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information RESOLUTION NO. #3 Series of 2005 A RESOLUTION EXPRESSING VIGOROUS OPPOSITION TO SB62 AND UGRES SENATOR JACK TAYLOR TO IMMEDIATELY WITHDRAW THIS DISCRIMINATORY, DANGEROUS AND COMPLETELY UNWARRANTED LEGISLATION. Whereas, Recreational In-Channel Diversion (RICD) water rights are provided for in Colorado law and are widely accepted as a beneficial non-consumptive water use of growing importance to Colorado's critical tourism and recreation industries; and Whereas, RICD's represent a new, clean use of water that generates important revenue without consuming a single drop of water; and Whereas, SB 62, if passed, would constitute a direct attack on the State's recreation and tourism based industries and relegate recreational water uses to second-class status by effectively eliminating future and existing RICD's; and Whereas, SB 62 has been introduced by State Senator Jack Taylor, who represents many tourism and recreation dependent municipalities and who has otherwise been a champion of Colorado's vital tourism industry; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, vigorous opposition be pledged to SB62 and request of Senator Jack Taylor to immediately withdraw this discriminatory, dangerous and completely unwarranted legislation. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of February, 2005. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 15, 2005 SUBJECT: Information Update: Town of Vail Noise Regulations I. BACKGROUND At its January 18, 2005, meeting, the Town Council requested that Town Staff compile a summary of the Town of Vail's regulations related to the issue of noise. Section II of this memorandum is a brief synopsis of these regulations. II. APPLICABLE PROVISIONS OF THE TOWN CODE • The issue of noise is addressed in three locations of the Vail Town Code: nuisance regulations, Police regulations, and zoning regulations. The issue of noise is primarily addressed through the Town's nuisance regulations as follows: Chapter 5-1, Public Nuisances, Vail Town Code (in part) 5-1-7: Noise Prohibited: A. Prohibited Act: The making and creating of an excessive or an unusually loud noise at any location within the Town heard and measured in a manner hereinafter set forth, shall be unlawful, except when made under and in compliance with a permit issued pursuant to subsection F of this Section. B. Definition: An "excessive" or "unusually loud noise" shall be defined as follows: 1. Noise of any duration which exceeds the allowable noise limit for the zone in which the noise source is located by fifteen (15) decibels. 2. A noise, one minute or more in duration out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels. 3. A noise of five (5) minutes in duration and a total of five (5) minutes ouf of any ten (10) minute period, which exceeds the ~,,; allowable noise limit for the zone in which the noise source is located by three (3) decibels. 1 C. Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this Section, the noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A-weighting scale. 1. If the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located. 2. If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source. D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified; Zoning Designation Of Property On Maximum Number Maximum Number Which Source Of Of Decibels Permitted Of Decibels Permitted Noise !s Located From 7:OOAM to 11:OOPM From 11:OOPM to 7:OOAM All residential zones 55 decibels 50 decibels excepting HDMF Commercial plus HDMF 65 decibels 60 decibels Industrial service zones 80 decibels 75 decibels E. Permit To Exceed Limits: Applications for a specified permit to exceed noise level designated in this Section maybe made to the Town Manager or duly authorized representative. The Town Manager or duly authorized representative may grant the relief as applied for if he/she finds the following: 1. That additional time is necessary for the applicant to alter or modify such activity or operation to comply with this Section. 2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that will comply with subsection A of this Section. 3. That no other reasonable alternative is available to the applicant. r,,, 4. That the permit is necessary for the community's cultural, historical or social benefit. The Town Manager may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including but not limited to specific times or functions of the noise on location of the noise source. Any permit 2 granted by the Town Manager under this Section shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. F. Exceptions: The maximum permissible noise limits for the .times and zones specified in subsection D of this Section shall not apply to sound emitted from the following: 1. Any authorized emergency vehicle when responding to an emergency call or acting in time of an emergency; 2. Activities of a temporary duration permitted by ~ law and for which a license or permit therefor has been granted by the Town, including but not limited to parades and fireworks displays; 3. Any construction equipment operated upon a residential, commercial, industrial, or public premises during the time period between seven o'clock (7:00) A. M. and seven o'clock (7:00) P. M.; provided, however, that the operation of the construction equipment during the hours of seven o'clock (7:00) A. M. and seven o'clock (7:00) P. M. shall not exceed ninety (90) decibels; 4. Any snowmaking equipment; 5. Any motor vehicles designated for and operated on the public streets, alleys, highways or freeways; 6. The sounds of any permitted bells or chimes or the amplified reproductions of the sounds of any bells or chimes played between the hours of eight o'clock (8:00) A. M. to seven o'clock (7:00) P. M., provided that said sounds shall not exceed eighty (80) decibels. G. Motor Vehicle Noise: 7. No person shall operate nor shall the owner permit the operation of any motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise levels for the category of motor vehicle and for the designated time period specified in the table set forth below. The standards set forth in this table shall apply to all noise emitted from motor vehicles including any and all equipment thereon, under any conditions of acceleration, deceleration, idle, greater load, and whether or not in motion. Maximum allowable noise levels for motor vehicles shall be as follows: .Type Of Vehicle Time Period r,,; Vehicles weighing IessAny time than 10, 000 pounds, manufacturer's gross Measurement Maximum Allowable Distance Noise Levels ( From Vehicle 80 decibels ~\ 25 feet vehicle weight Vehicles weighing Any time 90 decibels 25 feet more than 10, 000 pounds manufacturer's gross vehicle weight 2. Exhaust Muff/er1: It is unlawful for any person to drive or move or for the owner of any motor vehicle to permit to be driven or moved, any motor vehicle or combination of motor vehicles at any time which is not equipped with an exhaust muffler. It is unlawful for any person or for the owner of any motor vehicle to change or modify the exhaust muffler, air intake muffler, or any other sound- reducing device in such a manner that the noise emitted from the motor vehicle: a) exceeds the noise levels as established in the maximum allowable noise level table for motor vehicles, or b) is increased above the sound pressure level of the vehicle as originally manufactured. 3. Idling Engines: a. It shall be unlawful for any person to idle or permit the idling of the engine of any bus, truck, or any motor vehicle of any kind whatsoever, for a period of time in excess of twenty (20) minutes within the Town limits. b. Notwithstanding subsection .G3a of this Section, it shall be unlawful for any person to permit any idling whatsoever of the engine of any unattended bus, truck or any motor vehicle, except for refrigeration vehicles, within the Lionshead Mixed Use 1, Lionshead Mixed Use 2, Commercial Core 1 or the Commercial Core 2 Zone Districts of the Town. H. Amplified Sounds: 1. Purpose: The Town Council enacts this legislation for the purpose of securing and promoting the public comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound-amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance and loud and unnecessary noise. 2. Prohibition A~-d Regulation: It shall be unlawful for any person other than the,~personnel of law enforcement or governmental ,v agencies to install, use, or operate within the Town a loudspeaker or sound-amplifying equipment in a fixed or moveable position or mounted upon any sound truck for the purposes of giving 4 .instructions, directions, talks, addresses, lectures, or transmit or project music to any person or assemblage of persons in or upon any public street, alleys, sidewalks, park or place, or public property, except when installed, used, or operated in compliance with the following provisions: a. In all residential zones, no sound-amplifying equipment shall be installed, operated or used for commercial purposes at any time. b. The operation or use of sound amplifying for noncommercial purposes in all residential zones and within one hundred feet (100') thereof, ,except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church is prohibited between the hours of four thirty o'clock (4:30) P. M. and nine o'clock (9:00) A. M. of the following day. c. At the Gerald R. Ford Amphitheater located within Gerald R. Ford Park, the operation or use of sound- amplifying equipment for commercial purposes is prohibited between the hours of twelve o'clock (12:00) midnight and eight o'clock (8:00) A. M. of the following day. d. In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound-amplifying equipment for commercial purposes is prohibited between hours of ten o'clock (10:00) P. M. and eight o'clock (8:00) A. M. of the following day. e. In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound-amplifying equipment for noncommercial purposes is prohibited between the hours of ten o'clock (10:00) P. M. and seven o'clock (7:00) A. M. of the following day. The only sounds permitted shall be either music, human speech, or both. The sound emanating from sound-amplifying equipment shall be limited in volume and intensity for the times such sound is permitted by subsection H2 of this Section shall be as set forth in subsection D of this Section. In no event, shall the sound be loud and raucous or unreasonably jarring, disturbing, annoying, or a nuisance to reasonable persons of normal sensitivity within the area of audibility. 3. Permit Required: It shall be unlawful for any person, business t\ or corporation to operate sound-amplifying equipment in ~,ti accordance with this Chapter without first obtaining a permit from the Town. Application for such permits will be on forms provided by the Town. The following information shall be provided by~ the 5 applicant: a. Name, address and telephone number; b. The place or places the applicant will be playing amplified sound; c. The dates and times the applicant will be playing amplified sound. All permits shall be valid for a period of one calendar year. I. Appeal: Appeal of any action of the Town Manager or duly authorized representative pursuant to subsections E and H of this Section, denying the issuance of a permit to exceed the noise level or to play amplified sounds, may be filed within thirty (30) days following such action with the Town Council which shall hear said appeal in accordance with its rules of procedure. The Town Council may confirm, reverse or modify the actions of the Town Manager orhis/her duly authorized representative. J. Penalty: Any person, partnership, association, or corporation convicted. of a violation of any provision of this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. K. Four Day Limit: 1. Any person wishing to play "amplified sounds" as defined in subsection H of this Section during any period not to exceed four (4) consecutive days shall not be required to provide the information set forth in subsection H3 of this Section in such person's application. 2. Upon the receipt ,of an application to play amplified sound during any period not to exceed four (4) consecutive, days, the Town Manager, without the necessity of a public hearing, shall either grant or deny the application after consideration of all the relevant factors. Before the Town Manager shall grant any such application, the Town Manager shall be required to make the findings set forth in subsection E4 of this Section. r,,; 5-1-8: Mufflers: The operation of a motor vehicle within the Town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation to prevent excessive or unusual noise, or the use, by any person operating a motor vehicle within the Town, of a cutout, bypass or similar muffler elimination appliance shall be deemed a public nuisance. The issue of noise is also addressed by Title 6, Police Regulations, Vail Town Code, in regard to Drunk and Disorderly Conduct and Animal Noise: Title 6, Police Regulations, Vail Town Code (in part) 6 6-3D-2: Drunk And Disorderly Conduct: It is unlawful for a person to intentionally, knowingly or recklessly: A. Make a coarse and obviously offensive utterance in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; or 8. Make a coarse and offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; or C. Fight with another in a public place, except in an amateur or professional contest of athletic skill; or D. Make an unreasonable noise in a public place or near a private residence that he/she has no right to occupy. 6-4-20: Nuisance Animal Noise: A. Owner Responsibility: It is unlawful for any animal owner to fail to prevent his/her animal from disturbing the peace of any other person by unprovoked loud, habitual, and persistent barking, howling, yelping, or whining, or any other unprovoked noise,. whether the animal is on or off the-animal owner's property. 8. Conditions Of Complaint: No person shall be charged with a violation of this Section unless a written warning for a separate occurrence of disturbing the peace has been given at least seventy two (72) hours prior to. the issuance of the citation. The name and address of the complainant shall appear on the written warning. • The issue of noise is also addressed by Title 12, Zoning Regulations, Vail Town Code, specifically related to gas/service stations in the Heavy Service zone district. Article 12-7G, Heavy Service District, Vail Town Code (in part) 12-7G-13: Noise: No use shall be permitted or conducted in a manner which creates noise objectionable by reason of volume, pitch, intermittence or frequency, which is audible at the boundaries of the site. Specific noise performance standards maybe prescribed by a conditional use permit. • The issue of noise is also addressed by Title 12, Zoning Regulations, Vail Town Code, specifically in regard to Home Occupation Permits: ~. ;,y Section 12-14-12, Home Occupations, Vail Town Code (in part) 8. There shall be no noise, vibration, smoke, dust, odor, heat, . or glare 7 noticeable at or beyond the property line, as a result of the home occupation. A home child daycare facility shall be exempt from this requirement to allow outdoor play areas. The issue of noise is also addressed by Title 12, Zoning Regulations, Vail Town Code, in regard to the eating and drinking establishments: Chapter 12-14, Supplemental Regulations, Vail Town Code (in part) 12-14-14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: A. Noise generated by the use may not at any time exceed 1'rfty (50) decibels outside the enclosing walls or ceilings of the use. 8. Dwelling units in the same structure or in structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units. Windows may be treated with appropriate covering. DISCUSSION ITEMS Staff believes the following noise related issues need to be resolved: regulations of Chapter 5-1, Vail Town Code. o The Vail Police Department recommends revising Chapter 5-1, Public Nuisances, to address "bass" noises. Bass noise can be addressed by revising the Town Code as follows: o The noise provisions of Section 12-14, as related to eating and drinking establishments, should be revised to coordinate with the nuisance "When the source being analyzed is a stereo system with low frequency signals (base) as part of its output, the stereo shall not cause a "C" weighted level of 10dB or greater above the "C" weighted ambient level at a disfance of 10 feet from the source, or complainant's property line, which ever is greater. r,,; Definition: "C-weighting" is the electronic filtering in sound level meters that models a flat response (output equals input) over the range of maximum human hearing frequency sensitivity. " o Should the Town of Vail consider other design standards to assist with the mitigation of noise and amplified sounds; such as building insulation, sound proofing construction materials and methods, sounds mitigation architectural features, etc. o Is there any additional information, or other issues, which the Council would like Staff to research further? o~;,i5.o5 ~5 ROTARY INTERNATIONAL'S 100TH ANNIVERSARY FEBRUARY 23, 2005 Recognizing the Rotary Clubs of Colorado and recognizing the thousands of Rotarians in every State in the Nation and throughout the world and honoring them for their many contributions to this Nation and the world throughout is history. RESOLUTION No. #4, SERIES OF 2005 Recognizing Rotary Intemational s the premier service Club in the world, Recognizing the over 400,000 Rotarians in the United States and the over 1.2 million Rotarians in the over 32,000 clubs in 166 nations throughout the world and honoring them for their many often unparalleled contribution to the Nation and the world, Recognizing the Rotary Districts 5440. 5450 and 5470 in Colorado and the many clubs and dedicated Rotarians in our state, Recognizing that Rotary International has created an unprecedented and unique force in pursuit of world peace through use of acquaintance as an opportunity to serve all human kind, Recognizing Rotarians as the voice of civil society and embodiment of o leadership world wide promoting peace, goodwill, understanding and prosperity for all people of all races, creeds, ethnic backgrounds and national origin's, Recognizing Rotarians as daily providing thousand so f tangible demonstrates of the power of their ideal and motto "Service Above Self to create a better world for all. Whereas Rotarians, who today celebrate the hundredth anniversary of the founding of Rotarians Chicago, Illinois, on 23 February 1905. Whereas Rotarians now have set an example of a full century of service to their communities; Whereas Rotarians organize and catalyze efforts of leaders, institutions, charitable foundations, individual and government around the world, convening the people of the world to pursue elimination of diseases, health, potable water and education for all; Where as Rotarians, through. the Rotary Foundation have provided unparalleled and unprecedented good works for the betterment of humankind: Where as Rotary International provided the political willpower essential to the eradication of the Polio in the world: Whereas Rotarians have provided vaccines for immunizing over two billion children in the world: Whereas Rotarians have donated over $600,000,000 to the cause of the eradication of polio; Whereas thousand s of Rotarians have volunteered their time and resources during National Immunization Days: Whereas Rotarians in pursuit of service of service to the children of the world have accomplished the impossible including stopping wars, repeatedly, for purposes of immunizing children: Whereas Rotary volunteers developed the extraordinarily successful and effective 3Step Model consisting of: 1. Mass Social Mobilization, 2. Logistics and 3. Surveillance; Whereas, following swiftly in the steps of Polio eradication, the ,The Rotary Model is now responsible for saving over a million lives from the dreaded disease of Measles, speeding Measles along the path of eradication far faster than anyone imagined: Whereas, further, that The Rotary Model is being applied to saving the lives of million more children in the coming years, soon to surpass the level of saving one million lives every year, from now on: Whereas, in addition, rotary Clubs annually provide tens of million of dollars of local and global humanitarian support, including cumulatively: - Over $69 Million for Health Hunger and Humanitarian Grants, - Over $10 Million of Rotary Volunteer and - Over $100 Million for over 16,000 Matching Grants, all creating a better world to live in for us all; Whereas Rotarians annually multiply the value of the financial contributions many time further through the personal contributions of countless volunteer hours deliver invaluable skills and connection in the service of their community; Whereas Rotary Clubs collectively are the largest private provider of scholarships in the history of the world, annually providing scholarships to ten so of thousands of students; Whereas Rotary International has sent over 200,000 students on Youth Exchange programs that foster understanding of people throughout the world and furthermore, has been shown to create leaders of the highest caliber, who go on to serve society in every way; Whereas Rotary International has provide $80 Million to promote Group Study Exchanges of over 42,000 young adults for extended visits to other countries and to the United States where they learn, teach and create deep relationships, understand and appreciation for different culture; Whereas rotary continues to expand its many scholarships and exchange programs befitting the cities of the United States and the world; Whereas the object of Rotary is to encourage and foster the ideal of service as a basis of worthy enterprise and, in particular, to encourage and foster: First. The development of acquaintance as an opportunity for service; Second. High ethical standards in business and professions, the recognition of the worthiness of all use full occupations, and dignifying of each Rotarian's occupation as an opportunity to serve society; Third. The application of the ideal of service in each Rotarian's personal, business and community life; Fourth. The advancement of international understanding, goodwill, and peace through a world of fellowship of business and professional persons united in the ideal of service. Whereas Rotarians value the contribution of, and honor people of all professions; Whereas member of Rotary, both individually and as an organization, continue to make invaluable charitable contribution and service to world health; Whereas Rotarians as pioneered the idea of "Think Global, Act Local", for Rotary is Local Everywhere in the world: Whereas Rotary daily demonstrates how to create a better world and deeper understanding of peoples of all origin through the innumerable international scholarships, partnerships, and project they pursue; Where as Rotary International, The Rotary Foundation and Rotarians of the world daily demonstrate the power of the people to envision a between world and cooperate to create that better world, to the benefit of all humankind; Whereas rotary International, The Rotary foundation and Rotarians of the world agree an unprecedented, unparalleled and incomparable force for good in the history of the world; Whereas Rotarians provide the United States of America and all countries of the world and their peoples a practical, living demonstration of how people look and act while creating health, good will, prosperity, and world peace; Whereas Rotary International, the Rotary foundation and Rotarians of the world embody and personally demonstrate a glowing vision of what is possible in the future and who show us all the way to that future; Now, therefore, with thanks and gratitude, the town hereby Resolves, the Town of Vail recognizes Rotary International and the Rotarians of Colorado and of the world and in every State in our Nation and honor them for their many contributions to the ~Jation and World throughout Rotary's first century of history, wishing Rotary and Rotary International the Rotary Foundation even greater success in its second century f Service Above Self. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of February, 2005. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail TO: Vail Town Council FROM: Open Space Board of Trustees DATE: February 15, 2005 SUBJECT: Ordinance 7, Series of 2005: Proposed Parcels for Open Space Designation Staff: Russ Forrest PURPOSE: The purpose of Ordinance 7, Series of 2005 is to consider 21 parcels of land in 16 areas for designation as open space. Several of the areas, particularly along Gore Creek include multiple parcels. Attachment A summarizes the properties recommended by the Open Space Board of Trustee's recommendation for designation. Three-fourths of the entire Vail Town Council must vote affirmatively to place a property into this designation. BACKGROUND: The attached memo to the Vail Open Space Board of Trustees summarizes the designation process. Open Space Designation is separate and distinct from zoning. As per the Town Charter, once a property is designated as open space it must remain in Town ownership and must remain in one of the three open space zone districts until such time that registered voters in the Town of Vail vote to remove a property's designation. III. VAIL OPEN SPACE BOARD OF TRUSTEE RECOMMENDATION: On January 25, 2005 the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to recommend twenty one properties (16 areas) to the Vail Town Council for Open Space Designation. Attachment A summarizes the 21 parcels and 16 different areas that the committee is recommending the Town Council consider for designated open space. A map of Town owned lands with the recommended parcels identified in red on the map is provided. (Attachment B) Furthermore the Open Space Board of Trustees voted unanimously to forward a recommendation to the Vail Town Council that the properties in Attachment B referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. These properties are identified in yellow. These three properties include: ~ Parcel A: Middle bench of Donovan Park; Parcel B: Tract A Vail Village Filling 13; and `~~ Parcel C: Unplatted parcel of land in East Vail, south of the Main Gore Drive South. Attachment A: 21 parcels/16 areas proposed for designation Attachment B: Map of designated open space Attachment C: Memo dated March 20, 2002 on Designated Open Space Process Attachment D: Ordinance 7, Series of 2005 F:\Users\cdev\COUNCIL\MEMOS\05\2005 desigopenspace\deop021405.doc Attachment A: Town of Vail Property Suggested for Open Space Designation ~ m a x m ~ ~ E c c o~ v a m a n m ~ O~ g Legal Description General Description ¢ Q „°~ ,:~ v TWP 5 Rna. 81 1 Ellefson Park; GLO Lot # 15 exchan ed with USFS in 1997 2.66 OR Debris Flow southern portion of Buffehr Creek Park 0.68 OR Flood 2 Lot 40, Buffehr Creek Resub. (parcel # 210312302024) (portion adjacent to North Frontage Road West Gore Creek stream (and bike path) 0.31 OR Flood 3 Lot 1, Vail Village West Filing 2 (parcel # 210312306031) tract, adjacent to South Frontage Road West TWP 5 Rn . 80 Gore Creek stream tract south of 7.5 NAP Flood 4 Tract B, Vail Lionshead Filing 3 Marriott 5 SW 1l4 of the SW 1/4 of section 5 (parcel # 210105300013) east of Middle Creek; contains 26.6 NAP Flood S raddle Creek trailhead Gore Creek stream tract behind 2.95 OR Flood 6 Tract B, Block 5-E, Vail Village Filing 1; (parcel # 210108226002) Mountain Haus and Vail Mountain Gore Creek stream tract behind 2.64 NAP Flood, Passive 7 Tract A, Vail Village Filing S; (parcel # 210108227007) Tyrolean and Apollo Park ' Outdoor Recreation Mill Creek stream tract between Gore OR Flood 8 Tract G, Vail Village Filing 5; (parcel # 210108239004) Creek Drive and Hanson Ranch Road 0.25 Tract H, Vail Villa e Filin 5; arcel # 210108242009 0.09 OR Flood 9 Tract E, Vail Villa e Filin 5; arcel # 210108242010 contains Pirateshi Park 0.49 A Flood land south of Fairway Drive, adjacent to 2.16 NAP Avalanche & 10 Lots 9-11, Vail Village Filing 10; (parcel # 210108116004) Hole # 5 on Vail Golf course Debris Avalanche part of GLO Lot # 3 & 4 exchanged 4.25 NAP Debris 11 (parcel # 210109200005) with USFS in 1997 Avalanche land south of Ptarmigan Road 1.59 NAP Debris 12 Tract F, Vail Village Filing 7; (parcel # 210109208007) Avalanche ' land east of Sunburst Drive, adjacent to 27.8 NAP Flood; Debris 13 Tract A, Vail Valley Filing 4; (parcel # 210110201006) Hole # 17 on Vail Golf course Avalanche 8 Rockfall Gore Creek stream tract, south of 3.38 NAP Flood; Rockfall Tract C, Vail Village Filing 11; (parcel # 210102304009) Booth Creek Drive Gore Creek stream tract, east of Hole # 0.53 NAP Flood; Rockfall 14 Tract F, Vail Village Filing 11; (parcel # 210103404016) 13 on Vail Golf course Gore Creek stream tract, south of 0.46 N Flood Tract B, Vail Village Filing 11; (parcel # 210103405002) Booth Creek Drive 15 Tract B Vail Villa e Filin 13; arcel # 210103401001 Booth Creek stream tract 3.89 NAP Flood; Debris FI Parcel A, Pitkin Creek Park; arcel # 210111100006 Pitkin Creek stream Tract 0.45 NAP Flood adjacent to Bighorn Road, near east 0.48 NAP Flood 16 Tract A, Gore Creek Park; (parcel # 210111104008) Vail I-70 interchan e adjacent to Bighorn Road, near east 0.05 NAP Flood Tract B, Gore Creek Park; (parcel # 210111104009) Vail I-70 interchan e 20 Parcels . Total A roximate Acrea e: 89.2 Town of Vaif Open Space and Comprehensive Open Lands Recommendations for Open Space Designation oae senene ...k ':~ ¢..k., e:,~ ~ , ~; I ~ t x~~ ~"r(1~ \ ' Lion's Rltlgo 9uNehr Creek 1 ~~ TTI11 t:. .r~ Potato Patch e° my tit _ _ // c° \ / Rooth Palls r...m ~ ~'' tI ' r. "^ <. Spraddle Creek ^` ~ ----;~ \'~~T 11t r e _ J i r.~~I` ~~~~ / ~ ~.. _ ~ jam. •-~" '~ _ .~ \ ' ;. ~~ ~easeaae Matterhorn Intermountain 0 1 Niles w~E f // ~ `3~:i~~~..c ~ v ~i,_; ~t4 ~ rL"~i ~:` '~n ~,C, ~ ~ ~ ' ~ \ r.. .. ~.,.". East uansneaa wa.....k~ > ,,.. [ ~ .a) L\ ~' 1 / a Vl Vail VPII Village . M1 ~ Lro ~~' \ .. / ® "°"_"'""' Gol/ Course ~ , k \ ... .e a......ae - _ ~>, l'ti, aw a.°m r,.k rya r... ~,° a a•,y,n ..,.. xn., r.,, ." , L ,~il ...k~ ~ ;' :~ .~~~" vl~rv Town of Vail (TOV) ownetl lands within 70V municipal boundary currently designatetl Open Space 1 Town of Vail (TOV) owned lantls v.'ithln TOV municipal boundary meeting all Three criteria for Open Space designation, not currently tlesignated Open Space; Recommentletl by The Oesignaletl Open Space eoartl of Trustees to he tlesignated Open Space ;~ Town of Vail (TOV) ownetl lands vAthin TOV municipal boundary meeting all three criteria for Open Space tlesignatlon, however lantl not currently designated ODen Space Town'of Vall (TOV) awned lantls within TOV municipal boundary where current zoning supports Open Space designation however ...sr. land is lacking Third criteria, necessary to support Open Space tlesignatlon', Recommended 6y The Designated Open Space Board or Trustees to be classllled as a Town of Vall park Thal provides passive outtloor recreational opportunities Parcel'A" ~ Mitltlle bench of Donovan Park (aOProx. 2.15 acres) Parcel'B' -Tract A, Vail Villdge Filinq 13 (approx. 13.o]acres) . Parcel "C' - Unplaltetl parcel of lantl in Easl Vail, south of hlalh Gore Drive South (approx. 4.33 acres) .,;1~,,: To~.vn of Vail (TOV) o~,vned lands within TOV municipal boundary where currern zoning supports Open Space designation howeverlanCis lack'mgthlyd criteria, necessary to support Open Space iJesignatlon Town of Vail (TOV) ownetl lands within TOV municipal boundary lacking second antl third criteria, --'-' necessary to support Open Space designation r \ ® Lands generally considered TOV land, but not ouVighl ownetl by the Town; or a cohtlo In which the To'.vn owh5 one unit I ~~ To recei.e <pnsieerarian by TM Oesip P)Mph riot allM1azardna:eaelnclu01n01100.yearallopee~rtent as tleleirmineetantlnt~r¢lee; me ENnbana'oriiOV rect aralantca¢I nazatrG ¢rea yraml, tles!gnarlon. anNor TOV M1iga ruck tall hazartl area tlesi Prov hyF MI) Sown o1 Vail park mar proviees Passive pultloor recreaW n o n one for TOV hIOM1 eetriz rww M1axarC area', or Ppodunlties. zs for porter zelectbn: t j FliTOV lane was eelectee zl Fr Process an unax¢nedb FePmn¢r o/s tleaigna•.ion was adenee D hrls AvalancM1O, ftoicikrall'andror FE:'!A Flood Haza DI vas selecalee (AValancM1e, pebris Fbw. :) O':erlaPPlrq lantls selectee In processes 2 B i = O/a suitaM1le lane sl sb¢nrana m o's smlablluy.:ere aelernonee ror Omer lanes accorargly TO{Ni ~ T Attachment C ;.,,~ TO: Open Space Board of Trustees FROM: Community Development DATE: March 20, 2002 SUBJECT: Proposed Parcels for Open Space Designation Staff: Russ Forrest PURPOSE: The purpose of this hearing is to review and determine if additional properties should be recommended to the Town Council for consideration as designated open space BACKGROUND In November of 1995 the Vail Voters approved a Charter Amendmf~nt, which created a process to designate open space uses. The margin of approval was 90% voting in favor of the amendment. This was a key next step in the Town of Vail Comprehensive Open Lands Plan to create a process to go beyond zoning controls to protect Town-owned land with characteristics that make "open space" designation appropriate. An issue raised during the development of the Plan was that, Town-owned parcels can be rezoned or sold with the approval of the Vail Town Council. Section 13.11 of the Town Charter provides procedures for: 1) Designating parcels as open space; and 2) Removing parcels from a designated status. ` To date, 28 parcels and approximately 460 acres have been designated as open space. This includes: 76.3 acres in 2000, 11.65 acres designated in 1999 <~nd 384 acres designated in 1996. III. SUMMARY OF THE DESIGNATED OPEN SPACE PROCESS Qualifications for designation Characteristics of Designated Open Space. To qualify as designated open space, the designated parcel must be owned by the Town of Vail and zoned natural area preservation, outdoor recreation, or agriculture open space and be either: 1) Environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife, or the ~Jatural Heritage Program); 2) High natural hazard areas including the 100-year flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or 3) Town of Vail parks that provide passive outdoor recreation opportunities. Steps to designate open space Step 1: Unanimous recommendation from the Open Space Board of Trustees concerning a parcel of land which meets the characteristics as set forth in these Charter (see above) Step 2; Town Council consideration of an ordinance to include such parcel as designated open space. Step 3: Approval by ordinance designating open space by the affirmative vote of three-fourths of the entire council for final passage. Steps to eliminate designation Step 1: Town council may consider the sale, lease, trade, alienation, partition, granting of an exclusive license or permit; use or zone change other than one of the open space zone districts identified in this Section of designated open space only upon receiving a unanimous recommendation of such action from the Open Space Board of Trustees. Step 2: The Town Council shall consider an ordinance referring such question of disposal of designated open space to the registered electors at a town election for their acceptance or rejection. The ordinance shall give the location of the land in question and the intended disposal thereof. Every such ordinance shall require the affirmative vote of three-fourths of the entire Town Council for passage. Step 3: The vote of the town on proposed disposal of designated open space shall beheld not less than thirty days and "not later than ninety days from the date of the final council vote thereon. If no regular town election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion provide for a special election at an earlier date within the prescribed period. t ;.,,, ORDINANCE NO. 7 Series of 2005 AN ORDINANCE TO DESIGNATE 21 PARCELS OF LAND (16 AREAS) IN THE TOWN OF VAIL AS OPEN SPACE AS PER SECTION 13.11 OF THE TOWN OF VAIL CHARTER (SEE EXHIBITS A) WHEREAS, the Town of Vail Charter provides a process to protect properties as open space that met specific criteria outlined in Section 13.11 of the Town of Vail Charter; and WHEREAS, the Town Council believes that it is appropriate to maintain open space zoning on certain designated properties in perpetuity unless, and until, a majority of the Town of Vail registered electors decided to remove the a Designated Open Space classification; and WHEREAS, the Town of Vail Open Space Board of Trustees unanimously voted to designate twenty one properties in Exhibit A as open space on January 25, 2005; and, WHEREAS, the Town Council finds that the twenty one properties in Exhibit A meet the criteria outlined in Section 13.11 of the Town of Vail Charter. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1 The Town Council hereby finds, determines and declares that the properties identified in exhibit A will be designated open space. Section 2 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. Section 3 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any ~~ violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revivE~ any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4 At this time, available records indicate all included properties are owned by the Town of Vail. If title of a property placed in the open space designation as identified in Section 13.11(x) 1-3 is found in the future to not be owned entirely by the Town of Vail, then the designation of that property is null and void and will be repealed with approval of an ordinance. Section 5 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of February, 2005. A public~hearing shall be held hereon on the this 1st day of March, 2005 at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ATTEST: Rod Slifer, Mayor Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of March, 2005. ATTEST: Rod Slifer, Mayor c ,„ Lorelei Donaldson, Town Clerk MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 15, 2005 SUBJECT: Ordinance No. 4, Series of 2005, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, Internationa! Plumbing Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above-described codes, adopting certain appendices, s etting forth c ertain a mendments thereto, and setting for details in regard thereto. Applicant: Town of Vail Planner: Charlie Davis, Chief Building Official DESCRIPTION OF THE REQUEST The Town of Vail Building Safety and Inspection Team, in association with the Town of Vail Fire Department and the Town of Vail Building and Fire Code Board of Appeals, is requesting and recommending approval of Ordinance No. 4, Series of 2005, to allow for the adoption of the following model International Codes (as published by the International Code Council): • 2003 International Building Code • 2003 International Residential Code • 2003 International Fire Code • 2003 International Mechanical Code • 2003 International Plumbing Code • 2003 International Energy Conservation Code • 2002 National Electrical Code (as published by the National Fire Protection Association, Inc.) BACKGROUND On February 1, 2005, this ordinance was presented to the Town Council for first reading: Upon consideration of the request, the Counci- voted 7-0 to approve, with modifications, this ordinance on first reading. DISCUSSION ITEMS At the February 1, 2005 Council meeting, the Council directed staff to.make-the following modifications to this ordinance: remove the valuation modifiers from section 108.3, Building permit valuation, of the 2003 International Building Code. 1 Also at the February 1, 2005 meeting, Council requested that staff clarify the authority of the Building Official and practical application of the code as it is applied in the Town of Vail jurisdiction. Please refer to the attached email dated February 3, 2005. (Attachment B) . IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 4, Series of 2005, on second reading, to repeal and reenact Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above- described codes, adopting certain appendices, setting forth. certain amendments thereto, and setting for details in regard thereto. Should the Town Council choose to approve Ordinance No. 4, Series of 2005, on second reading, the Community Development Department recommends the Town Council makes the following finding: The .amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 2. The amendments further the development objective:> of the Town of Vail. V. ATTACHMENTS Attachment A: Ordinance No. 4, Series of 2005 Attachment B: Email to Council dated February 3, 2005 2 Attachment A ORDINANCE NO. 4 SERIES OF 2005 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING CODES, VAIL TOWN CODE; ADOPTING BY REFERENCE THE 2003 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE; 2002 EDITION OF THE NATIONAL ELECTRICAL CODE; AND WITH REGARD TO THE ABOVE-DESCRIBED CODES, ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS THERETO, AND SETTING FOR DETAILS IN REGARD THERETO WHEREAS, publication of the 1997 Uniform Building Code (UBC), as currently adopted by the Town of Vail, has been discontinued; and WHEREAS, the 2003 Editions of the International Building Code (IBC), the International Residential Code (IRC), the International Fire Code (IFC); the International Mechanical Code (IMC); the International Plumbing Code (IPC); the International Fuel Gas Code (IFGC); the International Energy Conservation Code (IECC) and the 2002 Edition of the National Electric Code (NEC) have been published; and WHEREAS, the Building and Fire Code Board of Appeals of the Town of Vail has recommended adoption of the International Codes, as set forth in this ordinance, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Vail Town Council finds that the amendments promote the health, .safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner, that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ~,Rr Section 1. Chapter 10 -1, B uilding Codes, Vail Town Code, i s h ereby r epealed an d 1 reenacted to read as follows: CHAPTER 1 BUILDING CODES SECTION: 10-1-1: Preamble 10-1-2: Codes Adopted By Reference 10-1-3: Amendments to International Building Code 10-1-4: Amendments to International Residential Code 10-1-5: Amendments to International Fire Code 10-1-6: Amendments to International Mechanical Code 10-1-7: Amendments to International Plumbing Code 10-1-8: Amendments to International Fuel Gas Code 10-1-9: Amendments to National Electrical Code 10-1-10: Copies of Codes Available 10-1-11: Penalties 10-1-1: PREAMBLE: The Charter of the Town of Vail and the statutes of the State of Colorado provide that standard codes may be adopted by reference with amendments; and the Town of Vail w fishes t o adopt t he 20 03 e ditions o f t he I nternatiorial Building Code, t he International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Energy Conservation Code, and the 2002 edition of the National Electric Code. 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The International Building Code, 2003 edition, including Appendix Chapter J and the International Residential Code, 2003 edition, including Appendix G, is hereby adopted by reference. The International Building Code, 2003 edition and the International Residential Code, 2003 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795 B. Fire Code: The International Fire Cocie, 2003 edition, is hereby adopted by reference. The International Fire Code, 2003 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. C. Mechanical Code: The International Mechanical Code, 2003 edition, including Appendix A, is hereby adopted by reference. The International Mechanical Code, 2003 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. D. Plumbing Code: The International Plumbing Code, 2003 edition, is hereby adopted by reference. The International Plumbing Code, 2003 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5795. f~i~r E. International Fuel Gas Code: The International Fuel Gas Code, 2003 edition, is 2 hereby adopted by reference. The International Fuel Gas Code, 2003 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5795. F. Energy Code. The International Energy Conservation Code, 2003 edition, is hereby adopted by reference. The International Energy Conservation Code, 2003 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills. , G. Electrical Code: The National Electrical Code, 2002 edition, is hereby adopted by reference. The National Electrical Code is published by the National Fire Protection Association Inc., One Batterymarch Park, Quincy, Ma 02269. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2003 edition: SECTION 101.4 -REFERENCED CODES: Section 101.4, Referenced Codes, is hereby amended as follows: The other. codes listed in 101.4.1 through 101.4.7 and referenced elsewhere. in this code shall not be considered part of this code, unless specifically adopted. SECTION 105.1.1 -ANNUAL PERMIT: Delete section in its entirety. SECTION 105.2 -WORK EXEMPT FROM PERMIT: Section 105.2, Work exempt from permit, is hereby amended as follows: Item 6: Decks, patios, sidewalks and driveways not more than 30 inches above grade and not over any basement or storage below and which are not part of an accessible route. Item 11: Swings and other playground equipment. SECTION 108.2 -SCHEDULE OF PERMIT FEES: Section 108.2, Schedule of permit fees, is amended as follows: The construction fee schedule for the Town of Vail shall be on file and maintained in the office of the Community Development Department. SECTION 108.3 -BUILDING PERMIT VALUATION: Section 108.3, Building permit valuation, is hereby amended as follows: The valuation of building permits in the Town of Vail shall be based on the most recent cost figures, per square foot as shown in the International Building Safety Journal published by the International Code Council, a copy of which shall be on file in the Department of Community Development of the Town of Vail. All construction shall be deemed "good". SECTION 110 -CERTIFICATE OF OCCUPANCY: Section 110.1, Use and occupancy, is hereby amended as follows: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a ,.; certificate of occupancy therefor as provided herein. Exception: Additions, alterations or repairs to existing Group R, Division 3 and Group U Occuparicies. Issuance of a 3 certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. SECTION 1025 -EMERGENCY ESCAPE AND RESCUE: Section 1025.1, General, is hereby amended as follows: Exception 1 & 4, delete in their entirety, SECTION 1608 -SNOW LOADS: Section 1608.2, Ground snow loads, is hereby amended as follows: Designs for roof snow loads shall be as follows: Roof pitches of less than a 4:12, shall be designed to carry a 100 pound per square foot (psf) snow load and roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot (psf) snow load. There is no allowance for pitch reduction nor is there a requirement to .increase loading due to wind, valleys or type of roof covering. Any modification for snow load design shall be accomplished using section 104.11. SECTION 3403.1- EXISTING BUILDINGS OR STRUCTURES: Section 3403.1, Existing buildings or structures, is here by amended by adding the following: Every condominium association or owner of a building or structure built before 1991 shall within 18 months of the adoption of this code, provide to the Town of Vail a copy of a Fire Risk Assessment (FRA). The FRA shall be developed by the Town of Vail's Fire Prevention and Fire Marshal's office. The. FRA shall contain necessary elements and be in sufficient detail as to p rovide a basis for determining ap plicability of retroactive application of code provisions. Minimum components shall comply with the adopted Town. of Vail Standards. Buildings subject to this requirement include: 1. Group A, B, E, F, H, I and S 2. Group M with more than one floor, 3. Group R-1 and R-2 with more than two stories, more than 12 accommodation units, or dwelling units, 4. Group R-3 over three stories, excluding Group R-3 regulated by the International Residential Code, 5. Any building or structure more than 5000 square feet of floor area, per floor, 6. Any building or structure where all points of the first story are more than 150 feet from a single point of approved fire department access. Upon submission of the FRA, the Town will evaluate the results and determine applicability of retrofit provisions in accordance with the Town of Vail Design Guidelines. 10-1-4: AMENDMENTS TO INTERNATIONAL RESIDIENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2003 edition: SECTION ~R102 - APPLICABILITY: Section R102.4, Referenced codes and standards, i~ hereby amended by adding the following: Reference to other codes -,.,, such as Plumbing, Mechanical and Electrical shall refer only to the currently adopted code of that type. 4 SECTION R105 -PERMITS: Section 105.2, Work exempt from permit, is hereby amended as follows: Item 1: One-story detached accessory structures used as tool sheds, storage sheds, playhouses and similar uses provided the floor area does not exceed 120 square feet Item 5: Decks, patios, sidewalks and driveways not more than 30 inches above grade and not over any basement or storage below and which are not part of an accessible route. SECTION - R301.2.4. FLOODPLAIN CONSTRUCTION: Section 301.2.4 Floodplain construction is hereby amended as follows: Delete section in its entirety and replace with: Building and structures constructed in flood. hazard areas are subject to section 12-21-1 of the Vail Town Code. SECTION - R303.8 REQUIRED HEATING: Section 303.8, Required heating, is hereby amended by adding the following: Minimum winter design temperature is -20° F. Heat loss calculations shall be required for all dwelling units. SECTION R303.9 -HEATING EQUIPMENT ROOMS; Add Section R303.9, Heating equipment rooms, as follows: In R-3 occupancies, rooms containing a boiler, central heating plant or hot water supply boiler in excess of 400,000 Btu per hour input shall be separated from the rest of the building by not less than 1-hour fire-resistive construction on the room side of the heating equipment. Opening protection shall be obtained by use of a tight fitting, smoke-and draft-control, self-closing assemblies having afire-protection rating of not less than 20-minutes. All spaces containing fuel- fired equipment located in under-floor (crawlspace) and above-ceiling (attic) areas shall be separated from the rest of the building by not less than 1-hour fire-resistive construction on the space side of the heating equipment regardless of Btu input. Opening protection shall be obtained by use of a tight fitting, smoke-and draft-control, self-closing assemblies having afire-protection rating of not less than 20-minutes. All under-floor and above ceiling spaces shall have smoke or heat detection and automatic fire sprinklers in accordance to Vail Fire Department standards. SECTION R305 -CEILING HEIGHT: Section R305.1, Exception 2, is hereby amended by deleting this exception in its entirety. SECTION R310 -EMERGENCY ESCAPE AND RESCUE OPENINGS: Section R310.1, Emergency escape and rescue required, is hereby amended as follows: First paragraph, first sentence amended as follows: Basements and every sleeping room shall have at least one openable emergency escape and rescue opening. SECTION R403.1.4.1 -FROST PROTECTION: Section R403.1.4.1, Frost protection, is hereby amended by deleting this section in its entirety and replacing with the following: Foundation walls, piers and other permanent supports shall be protected from frost by providing a minimum depth of 48" measured from finished r,,i grade to the bottom of the footing. Where applicable, the depth of the footing shall also conform to Sections R403.1.4.1 through R403.1.4.2 5 SECTION R403.2 -FOOTINGS FOR WOOD FOUNDATIONS: Section R403.2, Footings for wood foundations, is hereby amended by adding the following: Foundations shall be designed by a registered Colorado Engineer and approved by the. Geotechnical Engineer. SECTION R403.3 -FROST PROTECTED SHALLOW FOUNDATIONS: Section R403.3, Frost protected shallow foundations, is hereby amended by adding the following: Foundations shall be designed by a registered Colorado Engineer and approved by the Geotechnical Engineer. CHAPTER 12 -CHAPTER 42: Delete in their entirety and reference other codes adopted by reference respectively. 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the International Fire Code, 2003 edition: SECTION 103 -DEPARTMENT OF FIRE PREVENTION: Section 103, Department of Fire Prevention shall be hereby amended as follows: Title shall be changed to: Fire Prevention Bureau. SECTION 103.1 -GENERAL: Section 103.'1, General, shall hereby be amended as follows: Delete section in its entirety and replace with: A fire prevention bureau established within the fire department under the direction of the Chief -shall consist of fire department personnel assigned thereto by the Chief. The function of this bureau shall be to assist the Chief in the administration and enforcement of the provisions of this code. SECTION 103.1.1 -FIRE MARSHAL: Add Section 103.1.1, Fire Marshal: The Chief is authorized to designate a member of the fire department to exercise the powers and perform the duties of fire prevention engineer as set forth in this code. The fire prevention engineer may also be known as the fire marshal. SECTION 104.1.1 -FIRE PREVENTION BUREAU AND PEACE OFFICERS: Add Section 104.1.1, Fire prevention bureau and peace officers: The Chief and members of the fire prevention bureau shall have the powers of a peace office, (as defined per C.R.S. 18-1-901, 3(I) (III) in performing their duties under this code. When requested to do so by the Chief, the chief of police is authorized to assign such available peace officers as necessary to assist the fire department in enforcing the provisions of this code. SECTION 106.2.1 -INSPECTION REQUESTS: Add Section 106.2.1, Inspection requests: It shall be the duty of the person performing the work authorized by a permit to notify the Chief that the work is ready for inspection. The Chief is authorized to require that every request for inspection be filed not less than one working day before such inspection is desired. Such requests may be in writing or by telephone at f.; the option of the Chief. 6 r~~ SECTION 110.1.3 -UNSAFE HEATING OR ELECTRICAL EQUIPMENT AND STRUCTURAL HAZARDS: Add Section 110.1.3, Unsafe heating or electrical equipment and structural hazards: When the Chief deems any chimney, smokestack, stove, oven, incinerator, furnace, or any other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in this code, to be defective or unsafe so as to create a hazard, the Chief is authorized to serve upon the owner or the person having control of the property a written notice to repair or alter as necessary and shall notify any other authority enforcing codes regulating such equipment. The Chief is authorized to affix a condemnation tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag shall only be removed by the order of the Chief when the hazard to which the order pertains has been eliminated in an approved manner. Until removed, that item or device which has caused the hazard shall not be used or be permitted to be used. When such an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices listed in this section, the Chief shall immediately notify the building official to investigate such hazard and cause such hazard to be abated as required by the building code. SECTION 111.5 -STOPPING USES, EVACUATION: Add section 111.5 Stopping uses, evacuation: The Chief is authorized to order an operation or use stopped or the evacuation of any premises, building or vehicle or portion thereof which is a fire hazard. SECTION 202 - F FALSE ALARM: Section 202, False alarm is hereby amended as follows: Delete False alarm definition and replace with the following: The activation of a device or transmission of an alarm signal, indicating an emergency exists and/or necessitating response by the Vail Police Department or the Vail Fire Department, where no emergency exists. SECTION 202 F -FIRE CODE OFFICIAL: Section 202 F, Fire code official, is hereby amended as follows: Substitute Fire marshal for Fire code official. SECTION 305.5 -GAS METERS AND PIPING: Add section 305.5, Gas meters and piping, as follows: Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to proximity to alleys, driveways or parking areas, shall be protected from such damage in accordance with section 312.1 of this code. SECTION 508.5.5 -CLEAR SPACES AROUND HYDRANTS: Section 508.5.5, Clear spaces around hydrants, shall hereby be amended as follows: Delete entire section and replace with: A clear and unobstructed space shall be maintained around a fire hydrant with the following minimum distances: front - 15 feet, rear - 4 feet, sides - 7 feet. Fire hydrants shall be installed and maintained to provide a minimum of 36 inches of clearance between the centers of the outlet caps and finish grade. Standards set forth by other agencies including the water district, may be referenced and enforced providing the most restrictive shall apply. c\ SECTION 610 -COMMERCIAL KITCHEN HOODS: Section 610, Commercial 7 Kitchen Hoods, shall hereby be amended as follows: Delete entire section in its entirety and replace with: SECTION 610.1 -VENTILATION HOOD AND DUCT SYSTEM:>: Section 610.1, Ventilation Hood and Duct Systems. A ventilating hood and duct system shall be provided in accordance vvith International Mechanical Code for commercial-type food heat-processing equipment that produces grease laden vapors. SECTION 610.1.2 -FIRE - EXTINGUSHING SYSTEMS: Add Section 610.1.2 Fire- Extinguishing Systems: Where a Type I ,hood is required to be .installed; afire- extinguishing system shall also be required. SECTION 610.2 -WHERE REQUIRED: Section 610.2 Where Required: Approved automatic fire-extinguishing systems shall be provided for the protection of commercial type cooking equipment. SECTION 610.2.1 -TYPE OF SYSTEMS: Add Section 610.2.1, Type of Systems: The system used for the protection of commercial type cooking Equipment shall be either a system listed for application with such equipment or an automatic fire extinguishing system that is specifically designed for such application. Systems installed shall meet or exceed U.L. 300 requirements, and shall be installed in accordance with Manufacturer's specifications and instructions. SECTION 610.2.2 -EXTENT OF PROTECTION: Add. section 610.2.2 Extent of protection: The automatic fire extinguishing system used to protect ventilating hoods and ducts and cooking appliances shall be installed to include cooking surfaces, deep fat fryers, griddles, upright broilers, charbroilers, range tops and grills. Protection shall also be provided for the enclosed plenum space within the hood above filters and exhaust ducts serving the hood. SECTION 610.2.3 -AUTOMATIC POWER, FUEL,AND VENTILATION SHAFT: Add Section 610.2.3, Automatic power, fuel, and ventilation shaft: Automatic fire extinguishing systems shall be interconnected to the fuel or current supply for cooking equipment. The interconnection shall be arranged to automatically shut off all cooking equipment and electrical receptacles which are located under the hood when the system is actuated. Shutoff valves or switches shall be of a type that requires manual operation to reset. Hood ventilation system shall remain operational upon activation of system, unless authorized to perform otherwise by the Chief. Activation of an automatic fire extinguishing system shall transmit an alarm to the building fire alarm system. SECTION 610.2.4 -MANUAL SYSTEM OPERATION: Add Section 610.2.4, Manual system operation. A readily accessible manual activation device shall be installed in accordance with Manufacturer's requirements and those set forth in N.F.P.A. 17A, Standard for Wet chemical Extinguishing Systems. The activation device is allowed to be mechanically or electrically operated. If electrical power is used, the system small be connected to a standby power system and a visual means, shall be provided to show that the extinguishing system is energized. Instructions for operating the fire r"' extinguishing system shall be posted adjacent to manual activation devices. 8 SECTION 610.2.5 -PORTABLE FIRE EXTINGUISHERS: Add Section 610.2.5, Portable fire extinguishers. A K-Class extinguisher shall be installed within 30 feet of commercial food heat processing equipment as measured alorig an unobstructed path of travel in accordance with N.F.P.A. 10. SECTION 610.3 -OPERATIONS AND MAINTENANCE: Add Section 610.3, Operations and maintenance: The ventilation system in connection with hoods shall be operated at the required rate of air movement, classified grease filters shall be in place when equipment under a kitchen grease hood is used. If grease extractors are installed, they shall be operated when the commercial type cooking equipment is used. Hoods, grease removal devices, fans, ducts and other appurtenances shall be cleaned every six months, unless otherwise approved by the Chief, in writing. Cleanings shall be recorded, and records shall state the extent, time, and date of cleaning. A sticker or other indicating means shall be affixed to the hood. Cleaning records shall be maintained on the premises. Extinguishing systems shall be serviced at least every six months or after activation of the system. Inspections shall be by qualified individuals, and a Certificate of Inspection shall be both maintained on the premises and forwarded to the Chief upon completion. SECTION 610.4 -SKI SHOP REQUIREMENTS: Add section 610.4, Ski Shop Requirements, SECTION 610.4.1 SCOPE: Add section 610.4.1, Scope, as follows: This section shall apply to all commercial operations involving the processing, manufacturing, repair, waxing, preparation and associated functions with respect to snow skis, snow boards, snow boots, water skis, skate boards and other equipment with similar features. SECTION 610.4.2 -EQUIPMENT: Add section 610.4.2, Equipment, as follows: All equipment used in the above operations shall be listed by an approved agency when the equipment uses heat, flame or power operations. Said equipment shall be maintained in good condition and used according to the manufacturer's recommendations. SECTION 610.4.3 -USAGE: Add section 610.4.3, Usage, as follows: Heat and flame producing devices shall be used only by qualified personnel and shall be equipped with a suitable base or holder. Said equipment shall not be used on work tables with combustible surfaces. SECTION 610.4.4 -ELECTRICAL: Add section 610.4.4, Electrical, as follows: All electrical appliances, fixtures and equipment shall be listed by an approved agency and shall be maintained in a safe and operable manner. Non-grounded extension cords and multi-plug receptacles are strictly prohibited. SECTION 610.4.5 -FLAMMABLE AND COMBUSTIBLE LIQUIDS: Add section 610.4.5, Flammable and combustible liquids, as follows: No more than one U.S. gallon (3.78 I) of flammable or combustible liquid shall be permitted on the premises at any time. All flammable liquids stored on the premise shall.be stored in an ~~„ approved container in a safe area. No flammable or combustible liquids shall be 9 stored within 25 feet of any open flame or heat producing device capable of ignition. SECTION 610.4.6 -OPEN FLAME: Add section 610.4.6, Open flame, as follows: No open flame or heat producing device shall be left unattended while in operation. All such devices shall be turned off, disconnected or extinguished if not in immediate use. SECTION 610.4.7 -VENTILATION: Add section 610.4.7, ventilation as follows: All shops in which toxic, flammable or poisonous gases or other vapors which are potential hazards shall be equipped with proper ventilation. Said ventilation systems shall be designed to have the capacity of providing 1.5cfm/ft2 per square foot of floor area. This mechanical system shall be provided by a method of supply and exhaust air. The amount of supply air shall be approximately equal to the amount of exhaust air. Said system shall be designed and installed iri accordance to the International Mechanical Code, Chapter 6. Location of fans, hoods, when required by the Chief and ducts shall meet the approval of the Fire Department. SECTION 610.4.8 -INTERIOR FINISH: Add section 610.4.8, Interior finish, as follows: All ski shops shall have no less than one hour fire resistive assemblies for walls, ceilings and floors. Interior finish of the room shall be Cfass A, as tested in accordance to ASTM E 84. All work tables where the use of open flame or heat producing devices is permitted, shall be of norr-combustible construction on the surface and all exposed surfaces adjacent to such production processes. SECTION 610.5 -TEMPORARY SKI REPAIR FACILITIES: Add section 610.5, Temporary ski repair facilities, as follows: Temporary ski repair facilities may be allowed under the following conditions: 1. Temporary ski repair facilities are defined as those designated and intended for. less than 30 days use, and outlined in section 610.4.1. 2. Ventilation requirements for the immediate ski repair area may be waived, provided the room or space in which the ski repair operation is located is provided with mechanical and/or natural ventilation sufficient to provide a minimum of six air changes per hour, or meets the International Building Code requirements for building usage. 3. Flammable liquid usage shall be limited to rooms equipped with automatic fire sprinkler systems. Maximum quantity shall not exceed one U.S. gallon. 4. Temporary ski repair operations shall not adversely affect the health or life- safety of the occupants of the building. 5. Temporary ski repair operations shall not. be allowed to cause false alarms. It shall be the responsibility of both the building owner/manager and the operator of the ski repair operation to take appropriate rneasures to avoid false alarms (activation of fire detection system under non-emergency circumstances). 6. Afire extinguisher with a minimum rating of 2A40bc shall be provided for each 400 square feet of ski shop repair area. Such fire extinguisher shall be equipped with a service tag, provided by a licensed fire protection company, indicating that the extinguisher has been serviced and/or recharged within the last twelve months. 7. Temporary ski repair operations shall not be allowed within the residential ~~~' portions, accommodation units, dwelling units, condominiums or sleeping 10 rooms of buildings. Hazardous rooms shall not allow (i.e. -boiler rooms, HVAC, electrical rooms, rooms beneath stairs, non fire-rated attics, storage rooms and similar spaces). 8. All installations and features thereof are subject to the approval of the Fire Chief and Chief Building Official. SECTION 804.1.1 -RESTRICTED OCCUPANCIES: Section 804.1.1, Restricted occupancies, is hereby amended as follows: Exception, Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 901.3.1.1 or 901.3.1.2 shall not be prohibited in Groups R-1 and R-2. SECTION 902 -DEFINITIONS: Section 902, Definitions, is hereby amended to read as follows: Alarm Signal. Is an audible or visual signal or other device indicating the existence of an emergency fire condition. Audible devices may be horns, chimes, speakers or similar devices. Voice alarms and pre_recorded messages shall be approved by the Chief. Sound pressure level of fire evacuation signals shall be no less than 15 dbA above ambient noise levels or 5 dbA above the maximum noise level lasting 60 seconds or more. Alarm System. Is a combination of approved compatible devices with the necessary electrical inter-connections and energy to detect smoke or fire conditions, and produce an alarm signal in the event of system activation: An alarm system shall be installed in an approved manner and shall conform to the following standards with respect to the type of fire alarm system; 1. National Fire Protection Agency (N.F.P.A.) Standard 72, 2002 edition. National Fire Alarm Code. 2. N.F.P.A. 90A, 2002 edition, Air Conditioning and Ventilation Systems. 3. N.F.P.A. 90B, 2002 edition, Warm Air Heating and Conditioning Systems. 4. N.F.P.A. 13, 13D, 13R, 2002 editions, Installation of Sprinkler Systems. 5. N.F.P.A. 14, 2003 edition, Standpipe Systems., 6. N.F.P.A. 96, 2001 edition, Removal of Smoke and Grease Laden Vapors from Commercial Cooking Equipment. 7. N.F.P.A. 101, 2003 edition, Life Safety Code. 8. N.F.P.A. 17A, 2003 edition, Standard for Wet Chemical Extinguishing Systems SECTION 907.1.1 - CONSTRCTION DOCUMENTS: 907.1.1, Construction documents, is hereby amended as follows: Delete entire section and replace with the following: Construction documents for fire alarm systems shall be submitted on reflected ceiling plans for review and approval prior to system installation. A minimum of'/ inch per foot sca-e is preferred. CAD plans on 1/8 inch per foot scale may be allowed if sufficient clarity is shown and plans are submitted in black and white. Construction documents shall include, but not limited to, all of the following: 1. A floor plan which indicates the use of all rooms. ~ 2. Locations ofalarm-initiating and notification appliances. ,~ ~~'~ 3. Alarm control and trouble signaling equipment. 11 4. Annunciation. 5. Power connection. , 6. Battery calculations. 7. Conductor type and size. 8. Voltage drop calculations. 9. Manufacturers, model numbers and listing information for equipment, devices and materials. 10. Details of ceiling height and construction. 11. The interface of fire safety control functions. SECTION 907.1.2 -EQUIPMENT: Section 907.1.2, Equipment, is hereby amended to include the following: Listing information regarding devices, control panels, batteries, wiring, back boxes and any other associated equipment shall be included for review. Additionally, where options are available, these shall be specified by device type and specific model number. SECTION 907.2 -WHERE REQUIRED-NEW BUILDINGS AND STRUCTURES: Section 907.2, Where required-new buildings and structures, is hereby amended as follows: Every hotel, motel, apartment building, condominium building and commercial building with attached residential occupancies having 3 or more stories, or with more than 11 units, classified under the International Building Code, 2003 edition as Group A-1, A-2, A-2.1, A-3, A-4, B-2, R-1, R-2, R-3 and S-2 shall have a fire alarm system installed in accordance with International Building Code Standards 2003 edition, and in accordance with N.F.P.A. 72, 2002 edition. Explanatory material: While the activation of a single flow switch will annunciate sprinkler flow, it should be noted a dry valve is allowed by code to protect an area in. the range of forty-five thousand feet up to limitations imposed by system areas. This is not considered adequate in terms of identifying immediate location. In respect to life-safety, particularly for firefighters responding in these areas, it is in the best interest that these areas be further protected with the installation of heat or smoke detection devices. Additionally, these devices shall be identified with specific addresses such that firefighters may locate more readily the activated device. 1. Double action manual fire alarm pull stations shall be installed at each level of each egress, behind the bar in drinking establishments, at the front desk of a hotel and at locations required by the Chief. 2. Interior common corridors shall be equipped with sysi:em smoke detectors complying with U.L. 268, installed as per the listed spacing requirements. 3. All common public areas shall be equipped with system smoke detectors complying with U.L. 268, installed as per the listed spacing requirements. Exception: Areas not suitable for smoke detectors shall be protected by heat actuated or equivalent devices. 4. Each sleeping room shall have a smoke detector complying with U.L. 268. Device location shall be centrally located. 5. Audible signals shall be antlunciated to all portions of the, building upon activation of any manual or automatic fire detector. Exception: With permission of the Chief, alarm signals may be initially annunciated.to portions 12 of a building provided that the fire alarm control panel is equipped so as to allow the annunciation of a fire alarm signal to the entire building by manual activation. 6. An approved voice communication system shall be installed in all occupancies so as to enable the fire department to automatically or manually give verbal instructions to occupants of the building by selected zones and by general alert. Exception: Occupancies with combined occupant loads of less than 500 persons. 7. Basement occupancies classified as Group A-1, A-2, A-2.1, A-3, A-4, B-2, R-1 or R-2 under the International Building Code, 2003 edition, with an occupant load of 10 persons or more, shall have a fire alarm system installed in accordance to N.F.P.A. and International Fire Code 2003 Standards. 8. Occupancies such as nightclubs, discos, dining and drinking establishments with live music, recorded music, or other similar sound producing equipment shall have an alarm actuated shunt trip to disconnect the source of music amplification, when the building is equipped with a fire alarm system. 9. Buildings classified as R-1 or with residential occupancies in group A-1, A- 2, A-3, A-4 or B-2, 3 stories or more shall be equipped with a fire alarm system in accordance with NFPA 72 (2002), as amended. 10. Buildings under remodel where the fire or occupant load is increased, classified as R-1, A-2, A-2.1, A-3, A-4, B-2 or H, shall have a fire alarm system installed in accordance with NFPA 72 (2002), as amended. SECTION 907.2.1 - GROUP A: Section 907.2.1, Group A is hereby amended as follows: Delete exception eliminating manual pull stations. SECTION 907.2.1.1 -SYSTEM INITIATION IN GROUP A OCCUPANCIES WITH AN OCCUPANT LOAD OF 1,000 OR MORE: Section 907.2.1.1, System initiation in Group A occupancies with an occupant load of 1000 or more is hereby amended as follows: This section shall be amended to an occupant load of 500 persons as measured by square footage. SECTION 907.2.2 -GROUP B: Section 907.2.2, Group B is hereby amended as follows: Manual fire alarm systems shall be installed in all Group B occupancies. Delete all exceptions. SECTION 907.2.3 -GROUP E: Section 907.2.3, Group E, is hereby amended as follows: Delete all exceptions. SECTION 907.2.4 -GROUP F: Section 907.2.4, Group F, is hereby amended as follows: A manual fire alarm system shall be installed in all Group F occupancies. Delete exception. . SECTION 907.2.6.2.3 - (GROUP I-3) SMOKE DETECTORS: Section 907.2.6.2.3 (Group I-3), Smoke detectors, is hereby amended as follows: Delete all exceptions. ~~ SECTION 907.2".7 -GROUP M: Section 907.2.7, Group M, is hereby amended as follows: Manual fire alarm systems shall be installed in all Group M occupancies. ~,<; Delete exception. 13 SECTION 907.2.7.1 - (GROUP M) OCCUPANT NOTIFICATION: Section 907.2.7.1 (Group M) Occupant notification, is hereby amended as follows: Delete entire section and replace with the following: Manual fire alarm systems shall not operate in lieu of an automatic fire alarm system at times the building is occupied. The emergency voice/alarm communication system shall not be allowed to be used for other announcements. SECTION 907.2.8.1 - (GROUP R-1) MANUAL FIRE ALARM SYSTEMS: Section 907.2.8.1 (Group R-1 ), Manual fire alarm system, is hereby arnended as follows: Delete all exceptions. SECTION 907.2.8.2 - (GROUP R-1) AUTOMATIC FIRE ALARMS: Section 907.2.8.2 (Group R-1) Automatic fire alarm system, is hereby amended as follows: Delete exception. SECTION 907.2.8.3 - (GROUP R-1) SMOKE ALARMS: Section 907.2.8.3(Group R- 1)Smoke alarms, is hereby amended as follows: Delete entire section and replace with the following: Smoke alarms shall be installed and be fully addressable, analog systems. They shall be monitored at a listed monitoring facility. SECTION 907.2.9 -GROUP R-2: Section 907.2.9, Group R-2, is hereby amended as follows: Item 3.The building contains more than .11 dwelling units or sleeping units. Delete-all exceptions. SECTION 907.4.3 - (MANUAL FIRE ALARM BOXES) COLOR: Section 907.4.3, (manual fire alarm boxes), Color, is hereby amended as follows: Delete section in its entirety and replace with the following: Manual fire alarm boxes should be of contrasting color to the background on which they are mounted. SECTION 907.12 -DUCT SMOKE DETECTORS: Section 907.12, Duct smoke detectors is hereby amended as follows: Delete all exceptions. SECTION 907.15 -MONITORING: Section 907.15, Monitoring is hereby amended as follows: Delete all exceptions. 10-1-6: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the International Mechanical Code, 2003 edition: SECTION 101.1 -TITLE: Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Mechanical Code of the Town of Vail, hereinafter known as "this code". SECTION 101.2 -SCOPE: Section 101.2, Scope, is herby amended as follows: Delete exception 1 and 2 in their entirety. SECTION 106.5.2 -FEE SCHEDULE: Section 106.5.2, Fee Schedule, is hereby amended as follows: The construction fee schedule for the Town of Vail shall be on ~,-r file and maintained in the office of the Community Development Department. 14 SECTION 106.5.2 -FEE REFUNDS: Section 106.5.2, Fee refunds, Item 2 and Item 3, is hereby amended as follows: 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Item 3. Not more than 80% of the plan review fee paid when an applicant for a permit for which a plan review has been paid is withdrawn or canceled before any plan review effort has been expended. SECTION 701.1.1- UNUSUALLY TIGHT CONSTRUCTION: Add Section 701.1., 1 Unusually Tight Construction, All habitable buildings within the Town of Vail jurisdiction shall be considered unusually tight construction. SECTION 702 -INSIDE AIR: Section 702, Inside Air, is hereby amended as follows: Delete this section in its entirety. SECTION 704 -COMBINED USE OF INSIDE AND OUTSIDE AIR (CONDTION 1): Section 704.1, Combination of air from inside and outside, is hereby amended as follows: With approval of the building official, this section shall apply only to appliances located in confined spaces in existing buildings not of unusually tight construction. SECTION 705- COMBINED USE OF INSIDE AND OUTSIDE AIR (CONDITION 2): Section 705.1, General, is hereby amended as follows: With approval of the building official, this section shall apply only to appliances located in unconfined spaces in existing buildings of unusually tight construction. SECTION 802.7- SUPPORT OF VENTS: Section 802.7, Support of vents, shall hereby be amended as follows: Enclosure and Support of Vents. All portions of vents shall be adequately supported for the design and weight of the materials employed. All portions of venting systems which extend through occupied and storage spaces shall be enclosed to avoid contact or damage to the installation. SECTION 903.3 - UNVENTED GAS LOG HEATERS: Section 903.3, Unvented gas log heaters, shalt hereby be amended as follows: Unvented gas log heaters are prohibited. 10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The following amendments are hereby made to the International Plumbing Code, 2003 edition: SECTION 101.1- TITLE: Section 101.1 Title, is hereby amended as follows: These regulations shall be known as the Plumbing Code of the Town of Vail hereinafter referred to as "this code." SECTION 101.2- SCOPE: Section 101.2, Scope, is hereby amended as follows: Delete Exception 1 and 2 in their entirety. SECTION 106.6.2 FEE SCHEDULE: Section 106.6.2, Fee schedule, is hereby ~. amended as follows: The construction fee schedule for the Town of Vail shall be on~ ~,ti file and maintained in the office of the Community Development Department. 15 SECTION 106.6.3 FEE REFUNDS: Section 106.6.2, Fee refunds, Item 2 and 3 are hereby amended as follows: Item 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Item 3. Not more than 80% of the plan review fee paid when an applicant for a permit for which a plan review has been paid is withdrawn or cancelled before any plan review effort has been expended. SECTION 412- FLOOR AND TRENCH DRAINS: Section 412, Floor and Trench Drains, are hereby amended by adding the following subsection: 412.5, Mechanical Rooms, For heating or hot-water boiler applications, the boiler room shall be equipped with a floor drain or other means suitable for disposing of the accumulation of liquid waste incidental to cleaning, recharging and routine maintenance. SECTION 606.2- LOCATION OF SHUTOFF VALVES: Section 606.2, Location of shut off valves, Item 1, is hereby amended as follows: On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall mounted faucets in one and two family residential occupancies, and other than in individual guestrooms that are provided with unit shutoff valves in hotels, rnotels, boarding houses and similar occupancies. SECTION 904.1 -ROOF EXTENSION: Section 904.1, Roof extension, is hereby amended as follows: All open vent pipes that extend through a roof shall be . terminated at least 12 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent shall be run a least 7 feet (2134mm) above the roof. SECTION 904.2 -FROST CLOSURE: Section 904.2, Frost closure, is hereby amended as follows: Every vent extension through a roof or wale shall be a minimum of 3 inches (76mm) in diameter. Any increase iri size of the vent shall be made inside the structure a minimum of 1 foot (305mm) below the roof or inside the wall. 10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The following amendments are hereby made to the International Fuel Gas Code, 2003 edition: SECTION 101.1- TITLE: Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Fuel Gas Code of the Town of Vail, hereinafter referred to as "this code". SECTION 101.2- SCOPE: Section 101.2, Scope, is hereby amended as follows: Exception 1 & 2 is deleted in their entirety. SECTION 106.5.2- FEE SCHEDULE: Section 106.5.2, Fee schedule, is hereby amended as follows: The construction fee schedule for the Towri of Vail shall be on file and maintained in the office of the Community Development Department. All work regulated by the Fuel Gas Code shall be subject tc~ fees as designated in the construction fee schedule for mechanical permits., f'~.::r SECTION 106.5.3- FEE REFUNDS: Section 106.5.3, Fee refunds, Item 2 and 3 is 16 hereby amended as follows: Item 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Item 3. Not more than 80% of the plan review fee paid when an applicant for a permit for which plan review has been paid is withdrawn or canceled before any plan review has been expended. SECTION 303.3- PROHIBITED LOCATIONS: Section 303.3, Prohibited locations, is hereby amended as follows: delete exception 2 and 3 in their entirety and renumber exception 5, number 3. SECTION 303.4- PROTECTION FROM PHYSICAL DAMAGE: Section 303.4, Protection from physical damage, is hereby amended as follows: Appliances shall not be installed in a location where subject to physical damage unless protected by substantial barriers approved by the building official. SECTION 304.1- GENERAL: Section 304.1, General, is hereby amended as follows: Air for combustion, ventilation, and dilution of flue gases for gas utilization equipment installed in buildings shall be provided from the outdoors. With prior approval from the building official, the methods prescribed in section 304.7 may be used in existing buildings. SECTION 304.5- INDOOR COMBUSTION AIR: Section 304.5, Indoor combustion air, is hereby amended as follows: Delete this section in its entirety. SECTION 305.6- CONSTRUCTION AND PROTECTION: Section 305.6, Construction and protection, is hereby amended as follows: In all occupancies other than R-3, boiler rooms and furnace rooms shall be protected as required by the International Building Code. In R-3 occupancies, rooms containing a boiler, central heating plant or hot water supply boiler in excess of 400,000 Btu per hour input shall be separated from the rest of the building by not less than 1-hour fire-resistive construction on the room side of the heating equipment. Opening protection shall be obtained by use of a tight fitting, smoke-and draft-control, self-closing assemblies having afire-protection rating of not less than 20-minutes. All spaces containing fuel- fired equipment located in under-floor (crawlspace) and above-ceiling (attic) areas shall be separated from the rest of the building by not less than 1-hour fire-resistive construction on the space side of the heating equipment regardless of Btu input. Opening protection shall be obtained by use of a tight fitting, smoke-and draft-control, self-closing assemblies having afire-protection rating of not less than 20-minutes. All under-floor and above ceiling spaces shall also be detected and protected in accordance to Vail Fire Department standards. All mechanical rooms shall be provided with a floor drain as required by the Plumbing Code of the Town of Vail. SECTION 404.14.1- LIMITATIONS: Section 404.14.1, Limitations, is hereby amended as follows: Plastic pipe shall be installed outside underground only with a minimum depth below finished grade of 18 inches. Plastic pipe shall not be used within or under any building or slab or be operated at pressures greater than 100 psig (689 kPa) for natural gas or 30 psig (207 kPa) for LP-gas. ~. ~~ SECTION 406.4.1 TEST PRESSURE: Section 406.4.1, Test pressure, is hereby _•, amended as follows: This test shall include an air, carbon dioxide or nitrogen ~~ pressure test, at which time the gas piping shall withstand a pressure of not less than 10 psig (69 kPa). For welded pipe and for piping carrying gas pressure exceeding 14 inch water column, the test shall be at least 60 psig (414 kPa). SECTION 406.4.2- TEST DURATION: Section 406.4.2, Test duration, is hereby amended as follows: Test duration shall not be less than 15 minutes for threaded pipe. For welded pipe and piping carrying gas pressure exceeding 14 inch water column, .the duration shall not be less than 30 minutes. SECTION 501.8 EQUIPMENT NOT REQUIRED TO BE VENTED: Section 501.8, Equipment not required to be vented, shall be hereby amended as follows: Delete item 8, Room heaters listed for unvented use and renumber items 9, 10 and 11 as 8, 9, and 10. SECTION 603 (IFGC) LOG LIGHTERS: Section 603.1, General, shall hereby be amended as follows: Log lighters shall be prohibited to be installed in the Town of Vail. SECTION 621 (IFGC) UNVENTED ROOM HEATERS: Section 621, Unvented room heaters, shall hereby be amended as follows: Delete this section in its entirety. 10-1-9 AMENDMENTS TO THE NATIONAL ELECTRICAL CODE: The following amendments are hereby made to the National Electrical Code, 2002 edition: A. All electrical wiring in Groups A, B, E, F, H, I, M and S occupancies as defined in the International Building Code, shall be encased in conduits, raceways, or an approved armor. All wiring in Group R occupancies shall be encased in metal conduits, raceways, or an approved metal armored cable to the circuit breaker box for each unit. No aluminum wire or copper clad aluminum wire smaller than size 8 . will be permitted within the Town. B. Persons engaged in the installation of remote control, 10\N energy power, and signal circuits as defined in article 720 and 760 of this code, need not be licensed themselves pursuant to Title 12, Article 23, Colorado Revised Statutes, nor work under the supervision of such licensed electricians; however, all such persons shall register with the State Electrical Board. Proof of registration shall be produced by the registrant and an application for contractor registration shall be provided to the Town of Vail Fire Marshal for review in accordance with the Town Code, section 4-2-7. C. All such installations of remote control, low energy power and signal systems are subject to the permits and inspections set forth in 12-~23-111 (24) C.R.S. Accordingly, all installations of remote control, low energy power and signal systems must be performed i n a ccordance with the m inimum standards set forth in the National Electric Code. 10-1-10: COPIES OF CODES AVAILABLE: Copies of all the codes adopted by this Chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk. ,,, 18 10-1-11: PENALTIES: A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fail to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statements,. specifications, or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or within the time fixed therein shall be guilty of a misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code..The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and ali such persons shall be required to correct or remedy such violation or defects within a reasonable time, and each day that the prohibited conditions are maintained shall constitute a separate offense. B. The T own m ay maintain an action f or damages, declaratory . relief, s pecific performance, injunction, or any other appropriate relief in the District Court in and for the County of Eagle for any violation of any of the provisions of this Chapter. (1997 Code: Ord. 25(1991) § Section 2. The building codes adopted by this ordinance shall be effective for all building permit applications received by the Town of Vail, Department of Community Development, Building Safety and Inspection Services, on or after January 1, 2005. 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 of Vail 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 19 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, AIVD ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of February, 2005, and a public hearing for second reading of this Ordinance set for the 15tt' day of February, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of February, 2005. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk (~ f i+a Ordinance No. 3, Series of 2005 20 ,. -,; _ .. _. .. Charlie Davis -Code Adoption Ordinance ~ Page 1 '~ From: Charlie Davis To: Council Dist List Date: 02/02/2005 5:22:17 PM Subject: Code Adoption Ordinance Attachment: B Dear Council Members, First I would like to thank you all for your participation, patience and support for the adoption of Ordinance #4 regarding construction codes for the Town of Vail. This experience has left me with a GREAT appreciation for all the things your group is faced with on a daily basis: You have my support to continue on managing the vision we are all charged with facilitating in this community. Secondly, It was asked of me to clarify an issue of authority regarding enforcement and application of the building code. I have researched the code and found the following already contained in the code: Section 104 Duties and Powers of the Building Official Section 104.1 "The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures.in order to clarify the application of its provisions. Such interpretations, policies, procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code." In non-code language, above listed section means: "the duty of the building official is to enforce the code and he or she is the "authority having jurisdiction" for all matter relating to the code and its enforcement. It is the duty of the building official to interpret the code and to determine compliance. Code compliance will not always be easy to determine and will require judgement and expertise, particularly when enforcing the code." I belive this section gives the authority to the building official to make decisions in regards to the enforcement of the code in a manner that is consisitent with what the jursidiction is looking for as long as the minimum life/safety of the code intent is still met. There are other sections of the code that allow "other" alternatives to strict compliance to the "letter" of the code. These can be found: Section 104.10 Modifications, "Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code..:." A real example of this has just occurred at the Millrace Condominium project. They have an existing set of exterior stairs that must be replaced. When originally constructed these stairs have a steeper rise and run than is allowed by the code. To replace these stairs employing the code requirements would place the bottom of the stairs in front of the access to garages, thus creating another hazard. As the building official I have ruled that if the stairs have a consistent rise and run and handrails are brought up to code, the rise and run of the stairs can be steeper and the intent and purpose of the code has been met. 104.11 Alternate materials, design and methods of construction and equipment, "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code provided that any such alternate has been approved. An alternate material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of the code." Any architect, designer or owner can request or ask for these code sections to be applied if they feel it necessary for their project. There is an additional "checks and balances" provided in the code under: Section 112 Board of Appeals. --. - - - Charlie Davis -Code Adoption Ordinance W ~ Page 2 Section 112.1 General, "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules and procedure for conduction business." There is a procedure for holding business and applying for a hearing at the board of appeals level. Due to public meeting requirements we ask the appellant for ten days notice to assemble the board, find a place to hold the meeting and notify the public of the meeting. We try and hold these meetings as quickly as possible with the understanding of the implications of creating delays in the construction process. I have also attached to this email a copy of the board of appeals rules. I apologize for the long-winded email. I hope that I have addressed your concerns: If not feel free to contact me at 479-2142 or via email at cdavis(a~vailgov.com. Best Regards, Charlie Davis Chief Building Offical Town of Vail CC: Board of Appeals; Mike McGee; Russ Forrest ,J MEMORANDUM TO: VAIL TOWN COUNCIL FROM: Stan Zemler, Town Manager Suzanne Silverthorn, Community Information Officer DATE: February 15, 2005 SUBJECT: Update on Proposed Vail Visitor Center RFP Process and Next Steps 7. INTRODUCTION The Town of Vail has contracted with the Vail Valley Chamber and Tourism Bureau (WCTB) for operation of the Vail Village and LionsHead Information Centers for the period October 1, 2004, to September 30, 2005. To ensure ample time is given for review and selection of an operator for the next contract period, we are proposing a timeline that would complete the selection process by July 5, 2005. A tentative schedule is outlined below. Please bring your ideas and comments to be discussed during the Town Manager's Report on February 15, 2005. 2. VAIL VISITOR CENTER CONTRACTOR SELECTION TIMETABLE (Proposed) • Phase 1-Information Gatherin Februa 15 -March 15 2005 Staff will research visitor center operations in selected resorts and a matrix will be prepared with comparative information. (See appendix for research components.) The report will be reviewed by the Council Information Center Committee (Farrow Hitt, Kim Ruotolo, Stan Zemler, Suzanne Silverthorn) with possible site visits and/or telephone interviews to complete the information gathering process. The research will serve as a foundation for drafting a request for proposals for the next operating sequence. • Phase 2-Request for Proposals Criteria March 15 Aaril 19 2005 This next step will use the research obtained in phase 1, plus existing operating procedures, to determine new and/or modified criteria to be used in the request for proposals (RFP). The Council Information Center Committee will forward its recommendations to the full Council on April 5, 2005, with approval of the RFP on April 19, 2005. • Phase 3-Issuance of Re uest for Pro osals Aril 20 -June 1 2005 In this phase, the RFP would be issued on April 20, 2005, with proposals due to the Town of Vail no later than 12 Noon, June 1, 2005. Atso during this phase, the Council Information Center Committee will prepare RFP evaluation criteria. • Phase 4-Evaluation of Pro osals June 2 -June 15 2005 Taking place during this phase will be an evaluation of the proposals, based on the criteria established in phase three. This evaluation will be conducted ,. ~, by the Council Information Center Committee and will include interviews of the prospective contractors on or before June 15, 2005. A written recommendation will be forwarded to the full Town Council for consideration on June 21, 2005. ~ Phase 5-Selection of O erator June 21 -Jul 5 2005 In this phase, two meetings of the full Town Council have been set aside to finalize a decision. The schedule provides allowances for interviews with the entire Town Council, if desired. In this phase, a written operating agreement~will be p epared whtch 2N005 contain performance standards and all other relevant operating policies called out in the RFP. The schedule allows for review by the full Council on August 2, 2005. ' Phase 7-Gettin Read Au ust 3 -October 1 2005 During this final phase, the selected operator will have approximately two months to prepare for the beginning of the contract period. 3. VISITOR INFORMATION MASTER PLAN Simultaneous to the steps outlined above, staff is also are contemplating development of a Visitor Information Master Plan to be completed in the fall of 2005. As proposed, this master plan would include an audit of our current visitor information systems as they relate to guest arrival, the experience while here, and guest departure. In addition, the master plan would contain a hierarchy for wayfinding systems and would address future location(s) and related services for the Vail Visitor Centers. The timing of such a master plan would coincide with decisions on realignment of the LionsHead parking structure entry (which impacts the LionsHead Information Center) and the proposed wayfinding program for the Arrabelle at Vail Square submitted by Vail Resorts Development Company, as weft as new sign elements for East Meadow Drive as proposed by Art in Public Places. Wei are currently exploring a scope of work for this master plan and will provide an update at our next meeting. 4• SUMMARY The proposed timetable for the Vail Visitor Center RFP process will be reviewed during the Town Manager's Report on February 15, 2005. Following adjustments or modifications to the process, staff will be asking for Council's direction to move ahead. In addition, the concept of a Visitor Information Master Plan will be included as part of the overall discussion. 2 .~ APPENDIX Visitor Center Information Gathering Locations Aspen Avon Beaver Creek Breckenridge Copper Mountain Denver International Airport Eagle Eagle County Airport Frisco/Summit County Glenwood Springs Grand Junction Steamboat Springs Telluride Vail Whistler Interview Topics Overview of location(s)/how accessed No. of annual visitors/ percentage winter vs. summer Hours of operation/staffing Augment staffing with roaming hosts? When? Annual operating budget Who owns facilities? Who is the operator? What is the selection process? Term of contract? Collect sample RFP if appropriate Who funds? Are there monthly/quarterly/annual measurement goals? How is success of center evaluated? Who is accountable for success? List day-to-day activities of visitor center operation Does visitor center receive sales commissions? For what activities? What percentage is this of annual operating budget? Do employees receive a bonus based on commissions? Is information provided to visitors for lodging/activities outside geographic. boundary of center? Are these materials allowed to be displayed in the center? Do you survey visitors? What is the process? Do you use a secret shopper service to evaluate visitor center staff? Does your community value the visitor center(s) and its services? Is it in any kind of political jeopardy? MEMO: TO: Vail Town Council FROM: Commission on Special Events DATE: February 15, 2005 RE: It is the recommendation of the Commission on Special Events that "THINK SUMMER.THINK VAIL.", the Vail Local Marketing District (VLMD) authorized logo for summer promotions, marketing and special events, be used in place of the town's municipal logo to recognize the Town's contribution on the promotional materials of events receiving Town of Vail funding. Issues that have been considered in reaching this recommendation are listed below. Think Summer. Think Vail. Vail. ~wxo~vn~ • Reinforces the brand image of the VLMD's campaign. • Vail tax dollars support the VLMD campaign. • Helps align the CSENLMD in terms of packaging events to help "sell° Vail as a destination. • The guest doesn't know the difference between the two logos and is unaware of any possible underlying issues. • May have "temporary° value- if the VLMD changes its marketing direction. • Vail Resorts is sensitive to promotion of summer during winter events and is a sign cant sponsor of several funded events. • The web site associated with this logo sends the customer to the reservation system of the WCTB. • An event producer may not want to promote a "call to action" that may compete with lodging packages that they have put together with various hotels. • Doesn't clearly identify the Town of Vail as a sponsor, and therefore there is no recognition, either within the community or by other sponsors, of the Town's support. • Citizens who are not "in the know° may confuse the logo with that of VaiF Resorts and therefore believe that it is VRI that is the entity behind the logo. • Doesn't provide an association with the VLMD summer campaign. • Doesn't foster a brand association with an active call to action. • The informed citizen understands that the VLMD program is tax supported, and would understand that the Town is contributing regardless of which logo is used. • Readily iderrt~able as the Town of Vail's Municipal logo, and creates a direct association with the Town. • Some event promoters have stated that it is valuable in their solicitation of other sponsorships to show a partnership with the Town. • TOV citizens readily identify that their tax dollars are supporting the event. • The VLMD is not the entity which decides the funding allocations for the events which will be displaying the logo, nor is it the source of the funds. • The Town of Vail General Fund and the Business License Fees are the sources of the funds allocated by the CSE to Special Events. No funding for events comes from the tax which supports the VLMD. • Creates sense of ownership by Town of Vail Staff who are contributing significant in-kind services. C5E/gin Nii:~wt0 to C~nancil: l_~igo 'v'tie ~lI0~ZU0~ DRAFT ONLY Seibert Circle Redesign -Project Kick-Off Meeting February 17, 2005 Time to be determined Location to be determined Committee members: 1. Streetscape Committee a. Diana b. Dick c. Rod 2. AIPP member TBD at Thursday's AIPP Board meeting 3. Citizen 1 TBD (suggest Pete Seibert Jr.) 4. Citizen 2 TBD (suggest Dan Barry) 5. Vail Resorts rep, (suggest Jack Hunn) Staff Members 1. Leslie Fickling 2. Todd Oppenheimer 3. Scott Bluhm Consultants 1. Brent Lloyd, Wenk Associates 2. Joe Kracum, Facilitator Meeting Agenda: 1. Committee operations. a. Establish roles of Committee, Vail Resorts, and AIPP. b. Makes recommendations to Council only -Council has approval authority. c. Decisions for recommendation by majority vote. d. Only Committee members vote, not staff or consultants. e. Rod to act as committee chairman 2. Set up meeting and project schedule. a. Design Committee i. February 24, 2005 (8:30) ii. March 17, 2005 iii. April 4, 2005 (March 31, is spring break) iv. April 14, 2005 v. Apri128, 2005 vi. May 12, 2005 vii. June 9, 2005 (afternoon, AIPP meets in the morning) b. Town Council i. March 15, 2005, Work session -Preliminary review ii. Apri15, 2005, Regular session -Final approval schematic design iii. May 17, 2005, Regular session.- Presentation final feature design iv. July 5, 2005, Regular session -Final funding approval c. Design Review Board i. Apri16, 2005 Conceptual Review ii. May.18, 2005 Final Review 3. Initial Design Charette. a. Set general style and type of feature. b. Decide how much of design is about Pete Sr. c. Determine what it will take to get $$ from VR. d. Discuss possible year-round elements. e. Discuss other requirements like height, seating, flowers/landscaping. ~ 1(- ,~~' l ti. MINUTES REGULAR MEETING VAIL PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT BOARD OF DIRECTORS 5:00 P.M. Tuesday, January 11, 2005 Town of Vail Council Chambers MEMBERS PRESENT STAFF PRESENT TOV MEMBERS PRESENT OTHERS PRESENT CALL TO ORDER APPROVAL OF 12/14/04 Nino Licciazdi, Julie Hansen, Peter Cook, Scott Proper, Michelle Hall Dennis Stein, Diane Johnson, Chad Young, Amy Ludke Diana Donovan, Matt Mire T.J. Conners Nino called the meeting to order at 5:00 p.m. MEETING ~VIINUTES Julie moved to approve the December 14`~ minutes as written. Michelle seconded. Approved unanimously. PUBLIC IlVPUT OF ITEMS NOT ON AGENDA "YOS" UPDATE None numbers were down about 128 from last year. Chad Young and Diane Johnson gave a brief update on the success of the under 21 New Year's Eve Event (Y05). Chad explained the marketing techniques that were used and he passed around the various event posters and advertisements. He also distributed the Y04 and Y05 revenue and expense spreadsheets and compared the figures. Chad stated that the event did reach its $4000 budget minus a couple amenities from last year. He stated that the Chad went onto state that Vail Resorts and the Town of Vail were the major contributors of the event. Chad is unsure due to the numbers if these two contributors will be on board for next years New Year's Event. ~r (F f Chad stated that Youth Services event targeted high school students this year rather than the younger, grade school students. He went onto state that they target the high school students for the event because of the curfew enforced on Bridge Street and no other planned activities. This event gives high school kids an option of getting off the streets of Vail and out of trouble. He feels the younger.kids are more likely to be under parent supervision. He went onto state that even though Youth Services came in lower than last year both he and Diane feel it is a very successful event each year, one that we all (Town of Vail, Vail Recreation District and Vail Resorts) need to continue. "Y05" Event Attendance: Visitors (Non-Residents) - 75% Eagle County Residents - 15% Vail Residents -10% Board Members agreed that the New Year's Eve Event is a very positive and well put together event and it needs to continue each year. We must get the Town of Vail and Vail Resorts on board immediately to schedule the event for next year. T.J. Connors added that he worked the New Years Eve Event and that it was a terrific event. He went onto state that Youth Services did an outstanding job putting the event together. They do a great job each year with many activities, games, music and great prizes for the students. He agreed with the Board that this event needs to continue for next year. VAII. GYMNASTICS CENTER IGA & INSURANCE Matt Mire, TOV Attorney informed the Board that insurance for the Gymnastics facility needed to be in place t-efore the building could be open. The Board understood that the agreement was made for the Vail Recreation District to be responsible for insuring and running the building that the Town of Vail owned. The VRD Board was in question as to why the Rec District would be responsible for the insurance on the new gymnastics facility when it has not been responsible for other facilities in the past. The Board asked Dennis if we knew how much we would be paying for insurance. Dennis stated that they are still waiting for a quote from the Insurance Company. 2 E~ The Board felt that we should meet with the Town on this issue before we make any agreement to pay for the insurance on the new building. Dennis stated that was a wise decision, but stated that we had no time to meet because of the deadline given on when the building was to open and we must abide by that date. The Board understood but thought that we should still meet with the Town to establish more consistency with what payments the Rec District is responsible for and what payments the Town of Vail is responsible for. Julie made a motion to give Dennis authority in getting the IGA signed and into place before the opening of the gymnastics facility, under the guidance of the VRD attorney. Michelle seconded. Approved unanimously. UPDATED 2005 GOALS Dennis updated the Boazd on the Districts current bottom line on financials for 2004. He stated that we had forecasted certain department figures incorrectly and because of that he believes that the District will break even for 2004 instead of the $75,000 surplus that was forecasted. He describes the error in financials as the following: - A "void" in the accounting system, a transition took place from the old accounting software to the new accounting software. - Unexpected $7000 invoice from Eagle County for the Nov 2004 Election - New bi-weekly payroll structure (3 payrolls in December) - Dobson Arena smoke mitigation. Capacity was not set in place. Loss of revenue from Special Events and User Groups. An average Dobson Arena revenue loss of $112,000. He stated that he and staff take complete responsibility in this error and agree to move on and not let it happen again in the future Dennis stated that he would like to revisit the 2005 Goals at the next scheduled Board Meeting (Tuesday, February 8, 2005) where there will be a complete Variance Report reporting on how all the Departments ended in 2004. Scott agreed that the Board must move on and get over the accounting software issues, and he has confidence in staff that an error such as this will not happen again. 3 1 r i EXECUTIVE DIRECTOR INPUT Dennis stated that he would like to thank his staff for working so hard this yeaz in getting the numbers up and their Departments on or above budget. He would like to thank staff for all the hard work put into the Y05 Event and all the work that Sports has done in getting the Gymnastics facility up and running for the opening date of January 17, 2005. BOARD MEMBER INPUT Peter began by stating that it would be a good idea if staff began to chart the usage of the Nordic facility. He feels that the numbers would give the Rec District an idea of who is actually using the facility. This would give the Rec District a better idea on what groups we needed to tazget in an effort to endorse our product. Dennis agreed with Peter's statement and stated that we would ask staff, including Kathryn and Dan of the Nordic Center to compile a list clazifying the user groups. Peter also requested a monthly financial report be given to each Board Member the second meeting of each month. Dennis stated that would be done. Michelle stated that she was very impressed with the production and assembly of this years "Y05" New Yeaz's Eve event. She stated that Youth Services had done a wonderful job putting the event together and students seemed very excited about being there. She also congratulated and thanked the gymnastics and sports staff for all the hard work they did in getting the new gymnastics facility together in time to open on January 17, 2005. She stated the new building is very impressive. Julie stated that she has received very positive feedback on Dobson's Christmas Day Public Skate. She stated that Dobson did have a large public skating attendance on Christmas Day; it was greatly appreciated by the locals and the visitors. Julie also requested that lights be put up on the golf course, outdoor sheet of ice; enabling the public to skate at night. The Board agreed that they would like to see lights .installed on the outdoor sheet of ice up for skaters in the evening. Dennis agreed with Julie and stated that the lights would be pu.t up. 4 ~ c f // L i, f Scott Proper stated that we make it mandatory our 2004 Audit Review presentation be done at the latest in May 2005. Dennis agreed and stated that he would get in touch with Dan and Jody as to what the time frame would be this year for the 2004 Audit Review Presentation. Nino thanked Eagle County Water and Sanitation District, the Eagle County School District, Vail Resorts, the Town of Vail and the Vail Recreation District for working so hard in getting the gymnastics facility built. He is excited about the new facility and in visions nothing but good, positive programming to come. Nino thanked the VRD staff for making 2004 a successful year and looks forward to working with staff on progressing in 2005. ADJOURNMENT Peter motioned to adjourn at 6:15 p.m. Michelle seconded. Approved unanimously. ~- Peter W. Cook, Secretary ', '~ ~~~ ~~ ~ ~~ Amy Ludke, Assistant Finance Manager a/OS BOD/1-1-11 minutes.doc ~ ScI~,EE~c, d ~ rs ~ . ~ vc Colorado Association of Ski Towns Resolution 2005 Whereas, Recreational In-Channel Diversion (RICD) water rights are provided for in Colorado law and are widely accepted as a beneficial non-consumptive water use of growing importance to Colorado's critical tourism and recreation industries; and; Whereas, RICD's represent a new, clean use of water that generates important revenue without consuming a single drop of water; and Whereas, SB 62, if passed, would constitute a direct attack on the State's recreation and tourism based industries and relegate recreational water uses to second-class status by effectively eliminating future and existing RICD's; and Whereas, SB 62 has been introduced by State Senator Jack Taylor, who represents many tourism and recreation dependent municipalities and who has otherwise been a champion of Colorado's vital tourism industry; Now Therefore Be It Resolved that the Colorado Association of Ski Towns, meeting in Winter Park, Colorado this 28t day of January, 2005, expresses its vigorous opposition to SB62 and urges Senator Jack Taylor to immediately withdraw this discriminatory, dangerous and completely unnecessary legislation. Adopted unanimously on January 28, 2005 by all municipalities in attendance: Aspen, Avon, Breckenridge, Frisco, Fraser, Glenwood Springs, Granby, Grand Lake, Mt. Crested Butte, Silverthorne, Snowmass Village, Steamboat Springs, Vail, Winter Park. COLORADO ASSOCIATION OF SKI TOWNS Paul Strong, President ATTEST: MEMORANDUM To: Timber Ridge Affordable Housing Corporation From: Nina Timm Date: February 15, 2005 Subject: Amending the composition of the Corporation's Board of Directors As directed by the current board of directors, Section 3.2 of the Bylaws of the Timber Ridge Affordable Housing Corporation has been amended by attorneys at Sherman & Howard. As revised, the board of directors will then consist of five members. "As of March 1, 2005, the board of directors shall consist of five members. Four of the members of the board of directors of the corporation shall consist of the following officers and employees of the Town, and each members term of office shall be coterminous with his or her term of office as such officer or employee: (i) Town Manager; (ii) Director of Finance; (iii) Director of Commuriity Development; and (iv) Housing Coordinator. The preceding four officers and employees shall constitute the "Town Directors." The Town Directors shall appoint the fifth member of the board of directors, which person shall be a full-time resident of the Town." TIMBER RIDGE AFFORDABLE HOUSING CORPORATION MINUTES OF MEETING Held: February _, 2005 The Board of Directors of Timber Ridge Affordable Housing Corporation held its special meeting at the Town Hall in Vail, Colorado (the "Town") on February _, 2005, at .m. There were present at said meeting the following: Present: Directors Dick Cleveland Diana Donovan Farrow Hitt Kent Logan Gregg Moffet Kim Ruotolo Rod Slifer Absent: None The Secretary confirmed that notice of the meeting had been given in the manner required by the Bylaws of the Corporation. 1. Bylaws The President introduced for discussion the matter of approval of the Corporation's First Amended and Restated Bylaws, the form of which were presented to the Board. Following discussion, the following resolution was introduced, duly seconded and unanimously adopted: RESOLVED that the First Amended and Restated Bylaws of the Corporation having been distributed to the Board of Directors of the Corporation in connection herewith, are hereby approved and adopted as the amended and restated Bylaws of the Corporation. RESOLVED that the members of the Board of Directors of the Corporation hereby acknowledge that the new Board of Directors of the Corporation shall succeed them as of March 1, 2005. RESOLVED that each of the members of the Board of Directors of the Corporation hereby tenders his or her resignation effective as of March 1, 2005. Attest: Secretary FIRST AMENDED AND RESTATED BYLAWS OF TIMBER RIDGE AFFORDABLE HOUSING CORPORATION (Adopted February _, 2005) F;,~ .i TABLE OF CONTENTS Pale ARTICLE I OFFICES ....:............................................................................................................................................. 1 Section 1.1 Business Offices .......................................................................................................................... 1 Section 1.2 Registered Office ......................................................................................................................... 1 ARTICLE II MEMBERS ............................................................................................................................................. 1 Section 2.1 No Members ...................:............................................................................................................ 1 ARTICLE III BOARD OF DIRECTORS .................................................................................................................... 1 Section 3.1 General Powers ............................................................................................................................ 1 Section 3.2 Number, Election, Tenure and Qualifications ............................................................................. 1 Section 3.3 Regular Meetings ........................................................................................................................ 2 Section 3.4 Special Meetings ......................................................................................................................... 2 Section 3.5 Notice .......................................................................................................................................... 2 Section 3.6 Presumption of Assent .......................................:......................................................................... 2 Section 3.7 Quorum and Voting ..................................................................................................................... 2 Section 3.8 Compensation .............................................................................................................................. 2 Section 3.9 Executive and Other Committees ................................................................................................ 3 Section 3.10 Meetings by Telephone ............................................................................................................... 3 Section 3.11 Action Without a Meeting ............................................................................................................ 3 ARTICLE IV OFFICERS AND AGENTS ..........................:....................................................................................... 3 Section 4.1 ,Number and Qualifications .....................................................:.................................................... 3 Section 4.2 Election and Term of Office ........................................................................................................ 3 Section 4.3 Compensation .............................................................................................................................. 3 Section 4.4 Removal ...................................................................................................................................... 4 Section 4.5 Vacancies .................................................................................................................................... 4 Section 4.6 Authority and Duties of Officers ..........:...................................................................................... 4 Section 4.7 Surety Bonds ............................................................................................................................... 5 ARTICLE V INDEMNIFICATION ............................................................................................................................. 5 Section 5.1 Definitions ........................................................... ........................................................................ 5 Section 5.2 Right to Indemnification ...................................... ........................................................................ 6 Section 5.3 Prior Authorization ReGuired .............................. ..............................................:......................... 7 Section 5.4 Success on Merits or Otherwise .......................... ........................................................................ 7 Section 5.5 Advancement of Expenses .................................. ........................................................................ 7 Section 5.6 Payment Procedures ............................................ ........................................................................ 8 Section 5.7 Insurance ............................................................. ........................................................................ 8 Section 5.8 Right to Impose Conditions to Indemnification .. ........................................................................ 8 Section 5.9 Other Rights and Remedies ................................. .......................................................:................ 8 Section 5.10 Applicability; Effect ............................................ ........................................................................ 9 Section 5.11 Indemnification of Agents ................................... ........................................................................ 9 Section 5.12 Savings Clause; Limitations ................................ ........................................................................ 9 ARTICLE VI ...... .................................................................................. ...........:............................................................ 9 OPERATING GUIDELINES ............................................................... ........................................................................ 9 Section 6.1 Contracts .............................................................. ........................................................................ 9 Section 6.2 Loans ................................................................... ........................................................................ 9 Section 6.3 Checks, Drafts, and Notes ................................... ........................................................................ 9 Section 6.4 Deposits ............................................................... ...................................................................... 10 Section 6.5 Investment Managers ....................................~..... ...................................................................... 10 ARTICLE VII .... ................................................................................... ...................................................................... ] 0 NO DISCRIMINATION POLICY ....................................................... ...................................................................... 10 ARTICLE VIII ............................................................................................................................................................ 10 MISCELLANEOUS ................................................................................................................................................... 10 Section 8.1 Account Books, Minutes, Etc .................................................................................................... 10 Section 8.2 Fiscal Year ................................................................................................................................. 10 Section 8.3 Conveyances and Encumbrances ............................................................................................... 10 Section 8.4 Designated Contributions .......................................................................................................... 10 Section 8.5 Conflicting Interest Transactions ............................................................................................... 11 Section 8.6 Non-Liability For Debts ...................................................................................................:........ 12 Section 8.7 Amendments .............................................................................................................................. 12 Section 8.8 Severability ................................................................................................................................ 12 11 BYLAWS OF TIMBER RIDGE AFFORDABLE HOUSING CORPORATION ARTICLE I OFFICES Section 1.1 Business Offices. The principal office of the corporation shall be located within the Town of Vail, Colorado. The corporation may have such other offices, either within o r o utside C olorado, a s t he b oard o f dir ectors m ay designate o r a s t he a ffairs o f t he corporation may require from time to time. Section 1.2 Registered Office. The registered office of the corporation required by the laws of the State of Colorado governing nonprofit corporations to be maintained in Colorado may be, but need not be, the same as the principal office if in Colorado, and the address of the registered office may be changed from time to time by the board of directors or by the officers of the corporation. ARTICLE II MEMBERS Section 2.1 No Members. The corporation shall have no members. ARTICLE III BOARD OF DIRECTORS Section 3.1 General Powers. The business and affairs of the corporation shall be managed by its board of directors, except as otherwise provided in the laws of the State of Colorado, the articles of incorporation or these bylaws.... Section 3.2 Number, Election Tenure and Qualifications. The board of directors of the corporation through and including March 1, 2005 have and shall consist of the Town council members of the Town of Vail, Colorado (the "Town"). As of March 1, 2005, the board of directors shall consist of five members. Four of the members of the board of directors of the corporation shall consist of the following officers and employees of the Town, and each members term of office shall be coterminous with his or her term of office as such officer or employee: (i) Town Manager; (ii) Director of Finance; (iii) Director of Community Development; and (iv) Housing Coordinator. The preceding four officers and employees shall constitute the "Tow,n Directors." The Town Directors shall appoint the fifth member of the board of directors, which person shall be either afull-time resident of the Town and/or employed full-time by a business holding a valid Town business license. Section 3.3 Regular Meetings. A regular annual meeting of the board of directors shall be held during the month of November at the time and place determined by the board, for the purpose of electing officers and for the transaction of such other business as may come before the meeting. The board of directors may provide by resolution the time and place for the holding of additional regular meetings. Section 3.4 Special Meetings. Special meetings of the board of directors may be called by or at the request of the president or any two directors. The person or persons authorized to call special meetings of the board of directors may fix any place as the place for holding any special meeting of the board called by them. Section 3.5 Notice. Notice of each meeting of the board of directors stating the place, day and hour of the meeting shall be given to each director at the director's business address at least five days prior thereto by the mailing of written notice by first class, certified or registered mail, or at least two days prior thereto by personal delivery of written notice or by telephonic, telegraphic, telex or facsimile notice (and the method of notice need not be .the same as to each director). If mailed, such notice shall be deemed to be given when deposited in the United S tates m ail, w ith p ostage t hereon p repaid. I f t ransmitted b y t elex o r f acsimile,such notice shall be deemed to be given when transmission is completed. Any director may waive notice of any meeting before, at or after such meeting. The attendance of a director at a meeting .. shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any meeting of the board of directors need be .specified in the notice or waiver of notice of such meeting unless otherwise required by statute. Section 3.6 Presumption of Assent. A director of the corporation who is present at a meeting of the board of directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless such director's dissent shall be entered in the minutes of the meeting or unless the director. shall file a written dissent to such action with the person .acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the secretary of the corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a director who voted in favor of such action. - Section 3.7 Quorum and Voting. A majority of the directors shall constitute a quorum for the transaction of business at any meeting of the board of directors, and the vote of a majority of the directors present in person at a meeting at which a quorum is present shall be the act of the board of directors. If less than a quorum is present at a meeting, a majority of the directors present may adjourn the meeting from time to time without further notice other than an announcement at the meeting, until a quorum shall be present. No directors may vote or act by proxy at any meeting of directors. Section 3.8 Compensation. Directors shall not receive compensation for their services as such, although the reasonable expenses of directors of attendance at board meetings may be paid or reimbursed by the corporation. Directors shall not be disqualified to receive 2 1 • reasonable compensation for services rendered to or for the benefit of the corporation in any other capacity. Section 3.9 Executive and Other Committees. By one or more resolutions adopted by a majority of the directors then in office, the board of directors may designate from among its members an executive committee and one or more other committees, each of which, to the extent provided in the resolution establishing such committee, shall have and may exercise all of the authority of the board of directors, except as prohibited by statute. The delegation of authority to any committee shall not operate to relieve the board of directors or. any member of the board from any responsibility imposed by law. Rules governing procedures for meetings of any committee of the board shall be as established by the board of directors, or in the absence thereof, by the committee itself. Section 3.10 Meetings by Telephone. Members of the board of directors or any committee thereof may .participate in a meeting of the board or committee by means of conference telephone or similar communications equipment by which all persons participating in the meeting can hear each other at the same time. Such participation shall constitute presence in person at the meeting. Section 3.11 Action Without a Meeting. Any action required or permitted to be taken at a meeting of the directors or any committee thereof may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the directors or committee members entitled to vote with respect to the subject matter thereof. Such consent (which may be signed in counterparts) shall have the same force and effect as a unanimous vote of the directors or committee members. ARTICLE IV OFFICERS AND AGENTS Section 4.1 Number and Qualifications. The elected officers of the corporation shall be a president, one or more vice-presidents, a secretary and a treasurer. The board of directors may also appoint such other officers, assistant officers and agents, including an executive director, a controller, assistant secretaries and assistant treasurers, as it may consider necessary. One person may hold more than one office at-a time, except that no person may simultaneously hold the offices of president and secretary. Officers need not be directors of the corporation. All officers must be at least eighteen years old. Section 4.2 Election and Term of Office. The elected officers of the corporation shall be elected by the board of directors at each regular annual meeting. If the election of officers shall not be held at such meeting, such election shall be held as soori as convenient thereafter. Each officer shall hold office until the officer's successor shall have been duly elected and shall have qualified, or until the officer's earlier death, resignation or removal. Section 4.3 Compensation. The compensation of the officers, if any, shall be as,fixed from time to time by the board of directors, and no officer shall be prevented from receiving a salary by reason of the fact that such officer is also a director of the corporation. 3 Section 4.4 Removal. Any officer or agent may be removed by the board of directors whenever in its judgment the best interests of the corporation will be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not in itself create contract rights. Section 4.5 Vacancies. An y o fficer m ay resign a t a ny t ime, s ubject t o a ny rights or obligations under any existing contracts between the officer and the corporation, by giving written notice to the president or to the board of directors. An officer's resignation shall take effect at the time specified in such notice, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. A vacancy in any office, however occurring, may be filled by the board of directors for the unexpired portion of the term. Section 4.6 Authority and Duties of Officers. The officers of the corporation shall have the authority and ;shall exercise the powers and perform the duties specified below and as may be additionally specified by the president, the board of directors or these bylaws, except that in any event each officer shall exercise such powers and perform such duties as may be required by law. (a) President. The president shall, subject to the direction and supervision of the board of directors, (i) be the chief executive officer of the corporation and have general and active control of its affairs and business and general supervision of its officers, agents and employees; (ii) preside at all meetings of the board of directors; (iii) see that all orders and resolutions of the board of directors are carried into effect; and (iv) perform all other duties incident to the office of president and as from time to time may be assigned to the president by the board of directors. (b) Vice-Presidents. The vice-president or vice-presidents shall assist the president and shall perform such duties as may be assigned to them by the president or by the board of directors. The vice-president (or if there is more than one, then the vice-president designated by the board of directors, or if there be no such designation, then the vice-presidents in order of their election) shall, at the request of the president, or in the president's absence or inability or refusal to act, perform the duties of the president and when so acting shall have all the powers. of and.be subject to_ all_the restrictions of the president.- (c) Secretary. The secretary shall (i) keep the minutes of the proceedings of the board of directors and any committees of the board; (ii) see that all notices are duly g iven in accordance with the provisions of these bylaws or as required by law; (iii) be custodian of the corporate records and of the seal of the corporation; and (iv) in general, perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to the secretary by the president or by the board of directors. Assistant secretaries, if any, shall have the same duties and powers, subject to supervision by the secretary. (d) Treasurer. The treasurer shall (i) be the principal financial officer of the corporation and have the care and custody of all its funds, securities, evidences of ~~ indebtedness and other personal property and deposit the same in accordance with the instructions of the board of directors; (ii) receive and give receipts and acquittances for moneys 4 paid in on account of the corporation, and pay out of the funds on hand all bills, payrolls and other just debts of the corporation of whatever nature upon maturity; (iii) unless there is a controller, be the principal accounting officer of the corporation and as such prescribe and maintain the methods and systems of accounting to be followed, keep complete books and records of account, prepare and file all local; state and federal tax returns and related documents, prescribe and maintain an adequate system of internal audit, and prepare and furnish to the president and the board of directors statements of account showing the financial position of the corporation and the results of its operations; (iv) upon request of the board, make such reports to it a s m ay b e r equired a t a ny t ime; a nd (v) perform a 11 o ther duties inc ident t o t he o ffice o f treasurer and such other duties as from time to time may be assigned to the treasurer by the president or the board of directors. Assistant treasurers, if any, shall have the same powers and duties, subject to supervision by the treasurer. Section 4.7 Surety Bonds. The board of directors may require any. officer or agent of the corporation to execute to the corporation a bond in such sums and with such sureties as shall be satisfactory to the board, conditioned upon the faithful performance of such person's duties and or the restoration to the corporation of all books, papers, vouchers, money and other property of whatever kind in such person's possession or under such person's control belonging to the corporation. ARTICLE V 1 INDEMNIFICATION a Section 5.1 Definitions: For purposes of this Article V, the following terms shall have the meanings set forth below: (a) "Corporation" means the corporation and, in addition to the resulting or surviving corporation, any domestic or foreign predecessor entity of the corporation in a merger, consolidation or other transaction in which the predecessor's existence ceased upon consummation of the transaction. (b) "Expenses" means the actual and reasonable expenses, including attorneys' fees, incurred by a party in connection with a proceeding. (c) "Liability" means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax benefit plan) or expense incurred with respect to a proceeding. (d) "Official capacity" when used with respect to a director of the corporation means the office of director in the corporation, and when used with respect to a person in a capacity other than as a director (even if such person is also a director) means the office in the corporation held by the officer or the employment relationship undertaken by the employee on behalf of the corporation in the performance of his or her duties in his or her capacity as such officer or employee. "Official capacity" does not include service for any other ~,,; foreign or domestic corporation' or for any partnership, joint venture, trust,. other enterprise or 5 r employee benefit plan when acting directly on behalf of such other corporation, partnership, joint venture, trust, enterprise or plan as a director, officer, employee, f duciary or agent thereof. (e) "Party" means any person who was, is, or.is threatened to be made, a named defendant or respondent in a proceeding by reason of the fact that such person is or was a director, officer or employee of the corporation, and any person who, while a director, officer or employee of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, fiduciary or agent of any other foreign or domestic corporation or of any partnership, joint venture, trust, other enterprise or employee benefit plan. A party shall be considered to be serving an employee benefit plan at the corporation's request if such party's duties to the corporation also impose duties on or otherwise involve services by such party to the plan or to participants in or beneficiaries of the plan. (f) "Proceeding" means any threatened, pending or completed action, suit or proceeding, or any appeal therein, whether civil, criminal, administrative, arbitrative or investigative (including an action by the corporation) and whether formal or informal. Section 5.2~ Right to Indemnification. (a) Standards of Conduct. Except as provided in Section 5.2(d) below, the corporation shall indemnify any party to a proceeding against liability incurred in or as a result of the proceeding if (i) such party conducted himself or herself in good faith, (ii) such party reasonably believed (A) in the case of a director acting in his or her official capacity, that his or her conduct was in the corporation's best interests, or (B) in all other cases, that such party's conduct was at least not opposed to the corporation's best interests, and (iii) in the case of any criminal proceeding, such party had no reasonable cause to believe his or her conduct was unlawful. For purposes of determining the applicable standard of conduct under this Section 5.2, any party acting in his or her official capacity who is also a director of the corporation shall be held to the standard of conduct set forth in Section 5.2(a)(ii)(A), even if such party is sued solely in a capacity other than as such director. (b) Employee Benefit Plans. A party's conduct with respect to an employee benefit plan for a purpose such party reasonably believed to be in the interests of the participants in- or beneficiaries of the plan is conduct that satisfies. the requirements. of Section 5.2(a)(ii)(B). A party's conduct with respect to an employee benefit plan for a purpose that such party did not reasonably believe to be in the interests of the participants in or beneficiaries of the plan shall be, deemed not to satisfy the requirements of Section 5.2(a)(i). (c) Settlement. The termination of any proceeding by judgment, order, settlement or conviction, or upon a plea of polo conterzdere or its equivalent, is not of~itself determinative that the party did not meet the applicable standard of conduct set forth in Section 5.2(a). ~ ~ (d) Indemnification Prohibited. Except as hereinafter set forth in this .' Section 5.2(d), the corporation may not indemnify a party under this Section 5.2 either (i) in r;:, connection with a proceeding by the corporation in which the party is or has been adjudged liable for gross negligence or willful misconduct in the performance of the party's duty to the 6 corporation, or (ii) in connection with any proceeding charging improper personal benefit to the party, whether or not involving action in the party's official capacity, in which the party was adjudged liable on the_basis that personal benefit was improperly received by the party (even if the corporation was not thereby damaged). Notwithstanding the foregoing, the corporation shall indemnify any such party if and to the extent required by the court conducting the proceeding, or any other court of competent jurisdiction to which the party has applied, if it is determined by such court, upon application by the party, that despite the adjudication of liability in the circumstances in clauses (i) and (ii) of this Section 5.2(d) or whether or not the party met the applicable standard of conduct set forth in Section 5.2(a), and in view of all relevant circumstances, the party is fairly and reasonably entitled to indemnification for such expenses as the court deems proper in accordance with the Colorado Nonprofit Corporation Code. (e) Claims by Corporation. Indemnification permitted under this Section 5.2 in connection with a proceeding by the corporation shall be limited to expenses incurred in connection with the proceeding. (f) Combined Proceedings. If any claim made by the corporation against a party is joined with any other claim against such party iri a single proceeding, the claim by the corporation (and all expenses related thereto) shall nevertheless be deemed the subject of a separate and distinct proceeding for purposes of this Article. Section 5.3 Prior Authorization Required. Any indemnification under Section 5.2 (unless ordered by a court) shall be made by.the corporation only if authorized in the specific case after a determination has been made that the party is eligible for indemnification in the circumstances because the party has met the applicable standard of conduct set forth in Section 5.2(a) and after an evaluation has been made as to the reasonableness of the expenses. Any such determination, evaluation and authorization shall be made by the board of directors by a majority vote of a quorum of such board, which quorum shall consist of directors not parties to the subject proceeding, or by such other person or body as permitted by law. Section 5.4 Success on Merits or Otherwise. Notwithstanding any other provision of this Article V, the corporation shall indemnify a party to the extent such party has been successful, on the merits or otherwise, including without limitation, dismissal without prejudice or settlement without admission of liability, in defense of any proceeding to which the party was a party against expenses incurred-6y such-party iri connection therewith: Section 5.5 Advancement of Expenses. The corporation shall pay for or reimburse the expenses, or a portion thereof, incurred by a party in advance of the final disposition of the proceeding if: (a) the party furnishes the corporation a written affirmation of such party's good-faith belief that he or she has met the standard of conduct described in Section 5.2(a)(i); (b) the party furnishes the corporation a written undertaking, executed personally or on behalf of such party, to repay the advance if it is ultimately determined that the party did not meet such standard of conduct; and (c) authorization of payment and a determination that the facts then known to those making the determination would not preclude indemnification under this Article have been made in the manner provided in Section 5.3. The `~= undertaking required by clause (b) must be an unlimited general obligation of the party, but need not be secured and maybe accepted without reference to financial ability to make repayment. 7 Section 5.6 Payment Procedures. The corporation shall promptly act upon any request for indemnification, which request must be in writing and accompanied by the order of court or other reasonably satisfactory evidence documenting disposition of the proceeding in the case of indemnification under Section 5.4 and by the written affirmation and undertaking to repay as required by Section 5.5 in the case of indemnification under such Section. The right to indemnification and advances granted by this Article shall be enforceable in any court of competent jurisdiction if the corporation denies the claim, in whole or in part, or if no disposition of such claim is made within ninety days after written request for indemnification is made. A party's expenses incurred in connection with successfully establishing such party's right to indemnification, in whole or in part, in any such proceeding shall also be paid by the corporation. Section 5.7 Insurance. B y a ction of the board of directors, notwithstanding any interest of the directors in such action, the corporation may purchase and maintain insurance in such amounts as the board of directors deems appropriate to protect itself and any person who is or was a director, officer, employee, fiduciary or agent of the corporation, or who, while a director, officer, employee, fiduciary or agent of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, fiduciary or agent of any other foreign or domestic corporation or of any partnership, joint venture, trust, other enterprise or employee benefit plan against any liability asserted against or incurred by such person in any such capacity or arising out of such person's status as such, whether or not the corporation would have the power to indemnify such person against such liability. under applicable provisions of law or this Article. Any such insurance may be procured from any. insurance company designated by the board of directors, whether such insurance company is formed under the laws of Colorado or any other jurisdiction, including any insurance company in which the corporation has an equity or any other interest, through stock ownership or otherwise. The corporation may create a trust fund, grant a security interest or use other means (including, without limitation, a letter of credit) to ensure the payment of such sums as may become necessary to effect indemnification as provided herein. Section 5.8 Right to Impose Conditions to Indemnification. The corporation shall have the right to impose, as conditions to any indemnification provided or permitted in this Article, such reasonable requirements and conditions as may appear appropriate to the board of directors in each specific case and circumstances, including but not limited to any one or more of the following: (a) that any counsel representing the party to be indemnified in connection with the defense or settlement of any proceeding shall be counsel mutually agreeable to the party and to t he c orporation; (b) that t he c orporation s hall ha ve t he r fight, a t it s o ption, t o a ssume a nd control the defense or settlement of any claim or proceeding made, initiated or threatened against the party to be indemnified; and (c) that the corporation shall be subrogated, to the extent of any payments made by way of indemnification, to all of the indemnified party's right of recovery, and that the party to be indemnified shall execute all writings and do everything necessary to assure such rights of subrogation to the corporation. Section 5.9 Other Rights and Remedies. Except as limited by law, the indemnification provided by this Article shall be in addition to any other rights which a part _ may have or hereafter acquire under any law, provision of the articles of incorporation, any other `~'" or further provision of these bylaws, vote of the board of directors, agreement, or otherwise. 8 e Section 5.10 Applicability; Effect. The indemnification provided in this Article shall be applicable to acts or omissions that occurred prior to the adoption of this Article, shall continue as to any party entitled to indemnification under this Article who has ceased to be a director, officer or employee of the corporation or, at the request of the corporation, was serving as and has since ceased to be a director, officer, partner, trustee, employee, fiduciary or agent of any other domestic or foreign corporation, or of any partnership, joint venture, trust, other enterprise or employee benefit plan, and shall inure to the benefit of the estate and personal representatives of each such person. The repeal or amendment of this Article or of any Section or provision hereof that would have the effect of limiting, qualifying or restricting any of the powers or rights of indemnification provided or permitted in this Article shall not, solely by reason of such repeal or amendment, eliminate, restrict or otherwise affect the right or power of the corporation to indemnify any person, or affect any right of indemnification of such person, with respect to any acts or omissions that occurred prior to such repeal or amendment. All rights to indemnification under this Article shall be deemed to be provided by a contract between the corporation and each party covered hereby. Section 5.11 Indemnification of Agents. The corporation shall have the right, but shall not be obligated, to indemnify any agent of the corporation not otherwise covered by this Article to the fullest extent permissible by the laws of Colorado. Unless otherwise provided in any separate indemnification arrangement, any such indemnification shall be made only as authorized in the specific case in the manner provided in Section 5.3. Section 5.12 Savings Clause; Limitations. If this Article or any Section or provision hereof shall be invalidated by any court on any ground, then the corporation shall nevertheless indemnify each party otherwise entitled to indemnification hereunder to the fullest extent p ermitted b y 1 aw o r a ny applicable p rovision o f't his Ar ticle t hat s hall no t ha ve b een invalidated. ARTICLE VI OPERATING GUIDELINES Section 6.1 Contracts. The board may authorize any officer, agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority maybe general or confined to specific instances. Section 6.2 Loans. No loans shall be contracted for or on behalf of the corporation and no evidence of indebtedness shall be issued in the name of the corporation unless authorized by a resolution of the board. Such authority may be general if confined to a maximum dollar amount specified by the board by resolution from time to time. Such authority otherwise shall be confined to specific instances. No loan shall be made to any officer or director of the corporation. Section 6.3 Checks, Drafts, and Notes. All checks, drafts, or other orders for payment of money; notes, or other e~~dence of indebtedness issued in the name of the j,.; corporation shall be signed by two off cers appointed by the board, including, if possible, the 9 treasurer, and in such manner as from time to time shall be determined by resolution of the board. Section 6.4 Deposits. Al 1 f unds o f t he c orporation o therwise no t o mployed shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the board may select. Section 6.5 Investment Mana ers. The board shall have the authority to invest and reinvest the assets of the corporation and designate any bank, trust company, brokerage firm, or investment advisor to manage the assets and the investment of the assets of the corporation. ARTICLE VII NO DISCRIMINATION POLICY The corporation, in both its values and its practices, affirms its belief and commitment to diversity and pluralism. There shall be no barrier to participation in any activity of the corporation on the basis of gender, race, ethnicity, creed, color, religion, age, sexual orientation, natural origin or ancestry, marital status, veteran status, political service or affiliation, or disability. ARTICLE VIII MISCELLANEOUS Section 8.1 Account Books, Minutes, Etc. The corporation shall keep correct and complete books and records of account and .shall keep minutes of the proceedings of its board of directors and committees. All books and records of the corporation may be inspected by any director, or that director's authorized agent or attorney, for any proper purpose at any reasonable time. Section 8.2 Fiscal Year. The fiscal year of the corporation shall be as established by the board of directors. Section 8.3 Conveyances and Encumbrances. Property of the corporation may be assigned, conveyed or encumbered by such officers of the corporation as maybe authorized to do so by the board of directors, and such authorized persons shall have power to execute and deliver any and all instruments of assignment, conveyance and encumbrance; however, the sale, exchange, lease or other disposition of all or substantially all of the property and assets of the corporation shall be authorized only in the manner prescribed by applicable statute. Section 8.4 Designated Contributions. The corporation may accept any designated contribution, grant, bequest or devise consistent with its general tax-exempt purposes, as set forth in the articles of incorporation. As so limited, donor-designated contributions will be accepted for special funds, purposes or uses, and such designations generally will be honored. However, the corporation shall reserve all right, title and interest in and to and control of such "' contributions, as well as full discretion as to the ultimate expenditure or distribution thereof in connection with any such special fund, purpose or use. Further, the corporation shall acquire and 10 retain sufficient control over all donated funds (including designated contributions) to assure that such funds will be used to carry out the corporation's tax-exempt purposes. Section 8.5 Conflicting Interest Transactions. (a) As used in this section, "Conflicting Interest Transaction" means a contract, transaction, or other financial relationship between the corporation and a director of the corporation, or between the corporation and a party related to a director or between the corporation and an entity in which a director of the corporation is a director or officer or has a financial interest. (b) No loans shall be made by the corporation to its directors or officers. Any director or officer who assents to or participates in the making of any such loan shall be liable to the corporation for the amount of such loan until the repayment thereof. (c) No Conflicting Interest Transaction shall be void or voidable or be enjoined, set aside, or give rise to an award of damages or other sanctions in a proceeding in the right of the corporation, solely because the Conflicting Interest Transaction involves a director of the corporation or a party related to a director or an entity in which a director of the corporation is a director or officer or has a financial interest or solely, because the director is present at or participates in the meeting of the corporation's board of directors or of the committee of the board of directors that authorizes, approves, or ratifies the Conflicting Interest Transaction or solely because the director's vote is counted for such purpose if: (i) The material facts as to the director's relationship or interest and as to the Conflicting Interest Transaction are disclosed or are known to the board of directors or the committee, and the board of directors or committee in good faith authorizes, approves, or ratifies the Conflicting Interest Transaction by the affirmative vote of a majority of the disinterested directors, even though the disinterested directors are less than a quorum; or (ii) The Conflicting Interest Transaction is fair as to the corporation. (d) Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or of a committee which authorizes,. approves, or ratifies the Conflicting Interest Transaction. (e) For purposes of this section, a party related to a director shall mean a spouse, a descendent, an ancestor, a sibling, the spouse or descendent of a sibling, an estate or trust in which the director or a party related to a director has a beneficial interest, or an entity in which a party related to a director is a director, officer, or has a financial interest. (f) Notwithstanding any other provision of this Article VI, no contract, transaction or financial relationship between the corporation and the employees of the Town of Vail, Colorado shall constitute a Conflicting Interest Transaction. 11 i Section 8.6 Non-Liability For Debts. The private property of the directors and officers shall be exempt from execution or other liability for any debts of'the Corporation and no director shall be liable or responsible for the debts or liabilities of the Corporation. Section 8.7 Amendments. The power to alter, amend or repeal these bylaws and adopt new bylaws shall be vested in the board of directors. Section 8.8 Severability. The invalidity of any provision of these bylaws shall not affect the other provisions hereof, and in such event these bylaws shall be construed in all respects as if such invalid provision were omitted. The undersigned hereby certifies that the foregoing First Amended Bylaws of Timber Ridge Affordable Housing Corporation as adopted February _, 2005, are in full force and effect as of February _, 2005. [SEAL] Secretary 12 DOCUMENT LOCATOR PAGE Vail/Timber Ridge/2003 Bonds C:\DOCUME~1\NTimm\LOCALS~1\Temp\2005 Bylaws vl.doc Created on: 2/8/2005 3:03 PM Last Saved on: 2/8/2005 3:09 PM Printed on: 2/10/2005 2:06 PM In order to locate this document quickly, please keep this page with the attached document. Thank you. WARNING: You may need to delete the tag footer from this document. Please report any problems with this macro to the User Support Specialist, x801 1. ~:.~ AMENDED SB-62 -STILL AN ATTACK ON RECREATION Porzak Browning and Bushong LLP • The amended bill still subordinates recreational water use -Both the CWCB and the Water Court are required to consider the impact of recreational in-channel diversion water rights ("RICD's") on all "future upstream water storage and water development projects." (Section 1). A water right that can't call for water from junior upstream rights is not a water right. There is no grandfather provision to protect pending applications and decreed rights on this point. • Its unconstitutional -The Colorado Constitution directs that "the right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied." Colo. Const. Art. XVI, § 6. If this means anything, it is that no current beneficial use of water can be denied based on speculative future needs. • Caps recreation flows at 350 cfs -This is a fraction of what is needed on larger rivers to draw boaters, and a fraction of what has been proven in Water Court as a beneficial use in repeated RICD trials. There is a grandfather provision here, but the protection does not extend to pending applications. • Limits RICD's to a "minimum stream flow" -The previous definition of RICD limited the flow to the amount necessary fora "reasonable recreation experience." That protection is gone and what is left is simply "minimum stream flow." This will certainly be asserted to mean the minimum amount necessary to float a boat. There is no grandfather provision to protect pending applications and decreed rights on this point. • Eliminates fishing as a beneficial use of water in Colorado. • Changes the diversion statute so RICD's must have a "control structure" -But even the sponsors cannot articulate what the required "control structure" looks like, and whether the existing structures that so many communities have already built would qualify. This can only be viewed as an attempt to limit RICD rights to the amount that will flow through a notch in a dam (the CWCB's interpretation of the Ft. Collins decision) and not a boating flow. If the current structures do not qualify, do the bill sponsors really want local communities to over-build with larger and more obvious structures simply to meet this new definition? There is no grandfather provision to protect pending applications and decreed rights on this point. • Applies retroactively to existing decreed rights and applications -The bill sponsors have explained that every provision except the 350 cfs cap is meant to apply retroactively to RICD claims that have already been decreed. Don't change the rules on those cities and towns that have invested in these rights. a,15.6~ l,~~ttlt#!~ I , SB062_L.002 ~~ SENATE COMMITTEE OF REFERENCE REPORT Chairman of Committee Date Committee on AQricultwe Natural Resowces & Energy. After consideration on the merits, the Committee recommends the following: SB05-062 be amended as follows: 1 Amend printed bill, strike everything below the enacting clause and 2 substitute the following: 'T,.~ i s ~ s N o c,J -r~+ ~ c3 ~ Lam.. Z ~ ~~o~ 3 "SECTION 1. 37-92-102 (6) (b), Colorado Revised Statutes, is 4 amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 5 37-92-102. Legislative declaration -basic tenets of Colorado 6 water law. (6) (b) In determining whether the board shall recommend 7 that the water court grant, grant with conditions, or deny such application, 8 the board shall consider the following factors and make written findings 9 thereon: 10 (V.5) WHETHER ADJUDICATION AND ADMINISTRATION OF THE 11 RECREATIONAL 1N-CHANNEL DIVERSION WOULD PREVENT DEVELOPMENT 12 OF FUTURE UPSTREAM WATER STORAGE AND WATER DEVELOPMENT 13 PROJECTS; AND 14 SECTION 2. 37-92-103 (4), (7), and (10.3), Colorado Revised 15 Statutes, are amended, and the said 37-92-103 is further amended BY 16 THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to 17 read: 18 37-92-103. Definitions. As used in this article, unless the context 19 otherwise requires: 20' (4) "Beneficial use" is the use of that amount of water that is 21 reasonable and appropriate under reasonably efficient practices to I II~INI Ill IlI INiI IIII III al~ll II ICI Ili IIIII I~ ~~ + 5 8 0 6 2 L 0 0 2+ i ~- 1 accomplish without waste the purpose for which the appropriation is ~~ ~ 2 lawfully made and, without limiting the generality of the foregoing, 3 includes the impoundment of water for recreational purposes, including . 4 fishery or wildlife, and also includes the diversion of water by a county, 5 municipality, city and county, water district, water and sanitation district, 6 water conservation district, or water conservancy district for recreational 7 in-channel diversion purposes. For the benefit and enjoyment of present 8 and future generations, "beneficial use" shall also include the 9 appropriation by the state of Colorado in the manner prescribed by law 10 of such n>inimum flows between specific points or levels for and on I1 natural streams and lakes as are required to preserve the natural 12 environment to a reasonable degree. WATER DIVERTED FOR A 13 RECREATIONAL IN-CHANNEL DIVERSION IN EXCESS OF THREE HUNDRED 14 FIFTY CUBIC FEET PER SECOND SHALL CONCLUSIVELY BE DEEMED TO BE 15 WASTED, AND NOT PLACED TO BENEFICIAL USE; EXCEPT THAT SUCH 16 LIMITATION SHALL NOT APPLY TO THE ADMINISTRATTON OF A DECREED 17 WATER RIGHT OR CONDITIONAL WATER RIGHT FOR .RECREATIONAL 18 IN-CHANNEL DIVERSION PURPOSES WHOSE APPLICATION WAS FILED PRIOR 19 TO JANUARY 1, 2005, UNLESS A CHANGE TO SUCH WATER RIGHT IS 20 THEREAFTER APPLIED FOR AND DECREED. 21 (6.3) "CONTROL STRUCTURE" MEANS A STRUCTURE CONSISTINGOF 22 FEATURES CONSTRUCTED BY HUMANS THAT INCLUDES SIDES AND A • 23 BOTTOM, AND IS USED TO CONTROL WATER IN ITS NATURAL COURSE OR 24 LOCATION FOR RECREATIONAL IN-CHANNEL DIVERSIONS. AN OWNER OF 25 A RECREATIONAL IN-CHANNEL DIVERSION MAY PLACE A CALL ON THE 26 RIVER ONLY IF THE CONTROL STRUCTURE IS ABLE TO PHYSICALLY 27 CONTROL THE QUANTITY OF WATER SUBJECT TO THE CALL AT THE 28 LOCATION OF SUCH CONTROL STRUCTURE. CONCENTRATION OF RIVER 29 FLOW BY A CONTROL STRUCTURE MEETING THIS DEFINITION CONSTITUTES 30 CONTROL OF WATER FORA RECREATIONAL IN-CHANNEL DIVERSION. 31 (7) "Diversion" or "divert" means removing.water from its natural 32 course or location, or controlling water in its natural course or location, 33 by means of a ditch, canal, flume, reservoir, bypass, pipeline, conduit, 34 well, pump, or other structure or device; except that only a county, 35 municipality, city and county, water district, water and sanitation district, 36 water conservation district, or water conservancy district may control 37 water, WITH THE USE OF A CONTROL STRUCTURE, in its natural course Or 38 location for recreational in-channel diversions. This does not apply to 39 applications filed prior to January 1, 2001. • II II III III IIII IIII I IIII III llh~l II I~ IIII IVII IIII III +$ 8 0 6 2 L 0 0 2+ -2 l " ~ ~ I~. 1 (10.2} "RECREATIONAL IN-CHANNEL DIVERSION" MEANS THE .: 2 MINIMUM STREAM FLOW AS IT IS DIVERTED, CAPTURED, CONTROLLED, AND 3 PLACED TO BENEFICIAL USE BETWEEN SPECIFIC POINTS DEFINED BY ' 4 PHYSICALCONTROL STRUCTURES PURSUANTTOAN APPLICATION FILED BY 5 A COUNTY, MUNICIPALITY, CITY AND COUNTY; WATER DISTRICT, WATER 6 AND SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER 7 CONSERVANCY DISTRICT FOR RECREATIONAL 1N-CHANNEL USE IN AND ON 8 THE WATER. ~ ~`~ ~ ~' ~~~ ~' ~J 9 (10.3) ' 10 , 11 12 , 13 . 14 , 15 "R.ECREATIONAL IN-CHANNEL USE" 16 MEANS KAYAKING, CANOEING, INNER TUBING, BOATING, AND RAFTING. 17 SECTION 3. Safety clause. The general assembly hereby finds, 18 determines, and declares that this act is necessary for the immediate 19 preservation of the public peace, health, and safety.". ** *** ** *** ** I~~~~~Ill~ ~~~~~~~~N~V~~N~~~~~~~1 ~~II~~~~N~~~~~ -3- + 5 8 0 6 2 L 0 0 2+ ~ Ix,~u' d J- ~s• os ~u~ ~ a~ • k ~~v~ AMENDED SB-62 -STILL AN ATTACK ON RECREATION Porzak Browning and Bushong LLP The mended bill still subordinates recreational water use -Both the CWCB and the Water theimpac~of recreational in-channel diversion water rights ("RICD's") on all "future upstream water storage and water development projects." (Section 1). A water right that can't call for water from junior upstream rights is not a water right. There is no grandfather provision to rotect ending applications and decreed rights on this poin . Its unconstitutional -The Colorado Constitution directs that "t e ri ht to divert t e unappropriated waters of any natural stream to b~ficial~es shy never be denied' C`SIo. est. ?fir-tJXVI~-H!If this means~~hing, itis that no current beneficial use of water can be denied based on speculative future needs. Caps recreation flows at 350 cfs -This is a fraction of what is needed on larger rivers to draw boaters, and a fraction of what has been proven in Water Court as a beneficial use in repeated RICD trials. There is a grandfather provision here, but the protection does not extend to pending applications. Limits RICD's to a "minimum stream flow" -The previous definition of RICD limited the flow to the amount necessary fora "reasonable recreation experience." That protection is gone and what is left is simply "minimum stream flow." This will certainly be asserted to mean the minimum amount necessary to float a boat. There is no grandfather provision to protect pending applications and decreed rights on this point. Eliminates fishing as a beneficial use of water in Colorado. Changes the diversion statute so RICD's must have a "control structure" -But even the sponsors cannot articulate what the required "control structure" looks like, and whether the existing structures that so many communities have already built would qualify. This can only be viewed as an attempt to limit RICD rights to the amount that will flow through a notch in a dam (the CWCB's interpretation of the Ft. Collins decision) and not a boating flow. If the current structures do not qualify, do the bill sponsors really want local communities to over-build with larger and more obvious structures simply to meet this new definition? There is no grandfather provision to protect pending applications and decreed rights on this point. Applies retroactively to existing decreed rights and applications -The bill sponsors have explained that every provision except the 350 cfs cap is meant to apply retroactively to RICD claims that have already been decreed. Don't change the rules on those cities and towns that have invested in these rights. oa-15-~5 ~ ~-(~Ic-S" ~~ Need better rep®rts Vail's end-of-year town meeting held at~Donovan Pavil- ion was clearly a feel-good affair for the community - complete with a nifty slide show, a great glossy town high- light handout and some good food. Everything was. well done, and the organizers are to be congratulated. This event was an opportuni- ty for stakeholders to find out what is going on in town in a broad sense. But the wrap-up question period really wasn't programmed for any detail or difficult questions. One example that came up at the meeting was a visual show- ing Marketing District tax col- lections and town discretionary funding to functions and organi- zations for economic pump priming. When questioned about the. expected economic reward for these expenditures, the town was not prepared to address the subject. This. is unfortunate, since there are established methodologies and good justifi- cation for some of these line items -apparent if one attends town work sessions. The town is just not accus- tomed to stakeholders asking about nontraditional, govern- ment operations - i.e., busi- ness-oriented activity. Perhaps stakeholders have never asked because this information has not been readily available in a user- friendly format. However, as we go forward, the town is becom- ing more involved in business- type activity, beyond economic pump priming. This includes: ^ Running Donovan Pavilion as a profit center, highlighted in the town meeting. ^ Having a financially accountable role in the housing business, through the Timber Ridge separate corporation. ^ To have some "arm's length" role in the operational aspects of the conference center, coupled with monitoring its pre- dicted incremental by-product revenue within the town. In short, the town now has a dual role of providing tradition- al municipal services and busi- ness-type services. _..It ...would seem, therefore, Ehe town should start now to develop and make available the same user-friendly ,charts/graphs it uses to'.charac- terize municipal services in characterizing ~ business-type services and activity. Going further, it maybe time for the town to distribute to its stakeholders a proper, compre- hensive annual report. If would provide additional government transparency and just`'"more opportunity to go into details. The document could be press released with an opportunity for active Q&A followup: Interest- ed folks might want to volunteer in the document's preparation in terms of workingon the outline, content, .proofing and distribu- tion. The document could include, amongsfother things: ^ Elements of the annual opinion survey. ^ Summary `of "'the"'~arnual"' independent audit. ® Highlights of internal departmental operations. ® Status update of the TOV/VRD working relationship - always a subject of current interest. ® Lastly, those estimated impacts of economic pump priming and details of the vari- ous business-type operations. Once a comprehensive annu- al report is in place for a couple of years, many might say, "Why didn't we do this sooner?" It would satisfy full-time residents who are interested in govern- ment operations but just don't have the time to attend all the meetings or read al] the details in newspaper articles. Further, an all-in-one document would be especially appreciated by second-home owners who are not here enough to stay abreast of things and newcomers want- ing to get a sense of the town beyond what is in marketing brochures. These are all new ideas, so if you would like to make them happen, speaking up will likely be a big help. Leave your mes- sage for the Town Council at 479-1860, ext. 8, or e-mail to towncouncil @ vailgov.com. _ Alternatively, come to speak at the citizens • input section at six of the Towri Council evening 3~: meetings--on-,fhe first and third Tuesdays of the month. It's your government, so you may want to get a little involved. Paul Rondeau Vail (a1S ~ ~ lS~QS ~eai.-~ ~ $1 Billion Redevelopment Team Draft Staffing & Alignment Chart Lionshead ~, ~ 1~/leadol~iv ~ , ~ .Other Areas 1 1 I I Village I I Description 1 1 rive 1 1 I I} of Town I Area cordinator I II I I I I I I I I I 1 meetings, ROW 1 Area Coordinator ~ I Area Coordinator I I Area Coordinator I ~ Area Coordinator I permits, staging I (AC) I I (AC) I I (AC) I I (AC) I plans, problem Field 1 I I I I I I solving, comunication Teams I I ~ I ~ I 1 1 I I i I I I I 1 Support GAC and I I 1 Back up for A.C. I I Back up for A.C. I I Back up for A.C. I provide back-up when 1 Back up for A.C. I I I I I I I I GAC not available I II II I I I I I I I I I I Enforcement, Code I I I I I I I - compliance, day to day I Inspections 1 1 Inspections i t Inspections 1 I Inspections I problem solving, ID I (Building & Fire) I (Building & Fire) I (Buildin & Fire I I Buildin & Fire I 1 1 1 1 g ) I ( g ) I problems anicipated in I I I I I I ~ I construction I I PD-Weekend I ~ PD-Weekend ~ ~ PD-Weekend ~ ~ PD-Weekend I Back up for GAC on I support and I I support and I I support and 1 support and 1 I I weekends, traffic, loading 1 Traffic I .Traffic I I Traffic I Traffic I 1 I I i I I I and delivery managmetn I I ~ Hosts/PD I I I I Host/PD I I I Guest information/ I I HostslPD I I I I I volunteers?-Use PD I I ~~ j t~ j - j volunteer program Planning Process Manage and report out Planners, PW, •••••• •~•~ ~• ••••••~~~•~~~••••••••~~•••••••••••~~••• on proposed changes to Fire approved plans Develop and Implement Suzanne .................. area and overall TOV • ~ • ~ • • • • • " "' ~ " ~ comunications plan Communications Help develop area Planning & • • • • ~ • ~ • • • ' ' ' ~ • • staging plan, update plans, draft management • Logistics/Area Field Sta in Plans Support Design public Public Improvement • ..........improvements and Planning .... • • • ~ • • • ~ • • • ~ ~ ~ ' ~ ' " " • ' ~ • ~ manage contractors on & Uitilities public projects Legal and Admin Legal and admin Support .................................................support Management Team Enusure field team has Chair resources, support, and Private Development cordination & " ROW & Transit communications tools to Communication be succesful Traffic & Circulation ©a.iS.U~ CS Project Kickoff - 15t Committee Meeting Agenda Seibert Circle Design 17 Feb 8:30 -10:30 AM Public Works Conference Room • Introductions • Overall process for design shall be presented. Critical milestones, Town Council and Committee Meetings will be identified. • Review Seibert Circle design process and decision to date o Review rationale for project o Review preliminary ideas, themes developed by AIPP and Town staff. o Review limitations of Seibert Circle, site constraints. • Discuss what is not currently liked about Seibert Circle. o For example, is it too starWcold? contemporary? not enough seating? etc. Committee members will be encouraged to share their thoughts. • Discuss tribute to Pete Seibert o How should Pete Seibert be honored? • Discuss activities/program desired for Seibert Circle o Gathering/Seating? o Lingering? o Performance? o Play? o Celebration? Discuss how the activities/program shall be facilitated. o How should the design encourage the desired program and activities? o What themes should define Seibert Circle? Traditional European, natural/mountain oriented, etc. o How should the design encourage year-round activity and what elements (lighting, sound,, fire, water, ice, etc.) are appropriate? o How should public art be defined? • Focus ideas into concepts and review next steps. Next meeting March 3, 8:30-10:30am, Town of Vail Public Works Project Kickoff =1 S` Committee Meeting Agenda Seibert Circle Design 15-Feb-05 Page 1 of 1 • % Proposed Process Seibert Circle Design 17 Feb Project Kickoff -15t Committee Meeting The team will present the program and schedule for conceptual design through final design of Seibert Circle and how a parallel track of process and design can lead to a 15 Apr 2005 construction start. An approach to start-the design is to define what is not liked about the existing feature, the constraints on the space, to affirm the tribute to Pete Seibert, and what will make this place special. Determine what elements, fire, water, ice, etc. are desired in the design. There are several existing ideas out there which will be explored and discussed. From this discussion, the overall design concepts will be focused. The team will take these concepts and develop 3 to 6 options for the 3 Mar Committee meeting. 3 Mar Conceptual Options - 2"d Committee Meeting Responding to the Committee from the first meeting, the team will present 3 to 6 concepts for design and request discussion input. During the meeting, we are to derive the essential elements of the concepts that can be carried forward to develop 2 final options. The, team will take these concepts and develop 2 conceptual designs for presentation to the full Council at work session on 15 Mar and the Committee meeting on 17 Mar. 15 Mar Refined Options Full Council Work Session Responding to the Committee from the second meeting, the team will present 2 conceptual designs for consideration by the Council. Input will be gathered and the team will commence the preliminary design with the intent to present it to the Committee on 31 Mar and the full Council for decision on 5 Apr. This may be an opportunity to conduct a public open house between Council's Work Session and Regular Meeting. 17 Mar Select-the-Concept - 3`d Committee Meeting Responding to the Committee from the second meeting and the 15 Mar Council Work Session, the decision will be made on which conceptual design to pursue to preliminary design. Input will be gathered and the team will commence the .preliminary design with the intent to present it to the Committee on 31 Mar and the full Council for decision on 5 Apr. Proposed Process Seibert Circle Design 15-Feb-05 Page 1 of 2 ~, % 31 Mar Final Design .Infrastructure / Preliminary Design Feature - qcn Committee Meeting Responding to the Committee from the third meeting, the 15 Mar Council Work Session, and public input, the team will present the preliminary design for Seibert Circle and the final design for the infrastructure. The decision is needed to move the project to final design. 5 Apr Final Design Infrastructure /Preliminary Design Feature Full Council Meeting Responding to the Committee from the fourth meeting, the team will present the preliminary design for Seibert Circle and the final design for the infrastructure. The decision is needed to move the project to final design with the intent to commence construction by 15 April on the infrastructure. This may be an opportunity to conduct a public open house between Council's Work Session and Regular Meeting. 6 Apr DRB Conceptual Review Meeting 18 May DRB Final Design Review Meeting Spring'05 Infrastructure Construction Fall Feature Construction Proposed Process Seibert Circle Design 15-Feb-05 Page 2 of 2 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: February 15, 2005 SUBJECT: Potential Lionshead Master Plan Amendments Planner: Russell Forrest I. PURPOSE: Vail Resorts is planning on moving forward with the development of the Core Site in Lionshead in 2005: With this development, Vail Resorts will need to move forward with the redevelopment of the North Day Lot to replace offices displaced in the gondola building and employee housing displaced. in the Sunbird Lodge. In addition, the development of the core site requires the Town to complete its planning for public improvements (i.e. roads, streetscape, transit) in Lionshead. The proposed use of the North Day Lot from Vail Resorts includes: Transit center including regional buses, hotel shuttle vans, skier drop-off; Employee housing projected at 150 beds; and Offices for Vail Resorts mountain operations The Lionshead Master Redevelopment Plan identifies the North Day Lot as a critical site for a transit center. The purpose of the transit center is to alleviate multiple circulation conflicts between the Lionshead parking structure and the Lionshead retail area, accommodate projected increases in regional transit use, and to provide an additional access point into the Lionshead mall. Vail Resorts is willing to entertain an agreement with the Town of Vail to redevelop the Timber Ridge housing project and thus fulfill their housing obligations for Lionshead. This interest is connected to addressing the transit center goals in a variety of different locations. The purpose of this worksession is to review the implications and opportunities for revising the proposed. transit and circulation recommendations in the Lionshead Master Redevelopment Plan. These proposed changes are interconnected with the ultimate use of the North Day Lot. Staff would like to review these options with the Town Council and if acceptable, have one to two public meetings to review these options with the public. This could then lead to an amendment to the Lionshead Master Redevelopment Plan in the future. II. MODIFICATIONS PROPOSED TO LIONSHEAD MASTER REDEVELOPMENT PLAN: Before finalizing the master plan for the Vail Conference Center which staff is proposing would be an amendment to the Lionshead Master RedE~velopment Plan, two critical issues need to be reviewed with the Town Council. First, if an alternative site to the North Day Lot is acceptable for regional buses, then an agreement may be possible between the Town and Vail Resorts to redevelop Timber Ridge.. Vail Resorts is only interested in discussing'a housing partnership if diesel buses can be moved to an alternative location (other than the North Day Lot). Therefore the second issue to consider is various options for locating a transit center in Lionshead based on the Lionshead Master Redevelopment Plan. A third issue, which the Town Council has already discussed on December 21, 2004, is additional public parking. Staff wanted to remind Council of this additional issue and the interest in creating a new employee parking structure at the Vail Resorts maintenance facility. 1. Housing A. The issue: Vail Resorts is required to replace 100 beds lost through the demolition of the Sunbird Lodge. Furthermore, Vail Resorts has the following condition on the approval of the Core Site Hotel: The Developer shall address the following conditions of approval prior to the issuance of a temporary certificate. of occupancy (TCO) for any of the Lionshead Core Site Hotel improvements: 1) That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 20 employees, and that said restrictions ;shall be made available for occupancy. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle Caunty Clerk & Recorder's Office. To comply with this requirement in addition to other housing requirements that may be applied for the development of the North Day Lot and the West Day Lot, Vail Resorts was proposing to create an employee housing project above a transit center on the North Day Lot. The top floor of this development would include offices for mountain operations that will be displaced when the gondola is demolished. Vail Resorts will allow the Town to build a transit center on the first floor as per the Lionshead Master Redevelopment Plan. The Town must pay for the additional incremental expense of the transit facility which may be $9-$10 million. c B. The Opportunity: Vail Resorts has offered to take their investment in employee housing and help redevelop Timber Ridge. In fact, Vail Resorts committed to working with the Town through the Core Site Development Improvement Agreement to see if an agreement could be developed for Timber Ridge. This could provide the opportunity to better redevelop Timber Ridge and allow a lodging product to be developed on the North Day Lot. Furthermore, Vail Resorts has indicated that they would locate a Hotel shuttle drop-off and skier drop-off on North Day Lot at no expense to the Town depending on design criteria formulated by the Town of-Vail. 2. Transit Center A. The Issue: The reason why a transit center is proposed in the Lionshead Master Redevelopment Plan is primarily to alleviate circulation conflicts between the Lionshead parking structure and the retail mall of Lionshead. The conflicts between the following modes of traffic exist: • Pedestrians crossing from the Lionshead parking structure • In-Town Bus • Loading and delivery for the Lionshead retail area • Hotel shuttle buses • Skier drop off (cars) In addition the Lionshead Master Redevelopment Pian anticipates an increase in regional bus traffic and a need to relocate charter buses when the civic center/charter bus lot is developed. B. The Proposed Solution: The Lionshead Master Redevelopment Plan proposes to create a multi-modal transit facility on the North Day Lot. As envisioned in the Master Plan, this site would accommodate the following modes of transportation: • Regional and TOV (West Vail) buses • Charter buses • Skier drop-off • Hotel shuttles • Loading and delivery c Traffic engineers still agree that purely from atransit/circulation standpoint that the North Day Lot is the best location in Lionshead when compared to the existing Concert Hall Plaza/Lionshead Plaza bus stop and relocating a bus stop on the Lionshead parking structure. However the following difficulties and challenges exist with the North Day Lot: • The Town of Vail has inadequate funding now to commit to a $9-$10 million transit facility on the lot and Vail Resorts is now prepared to move forward with the redevelopment of the lot. • Federal grant dollars may be available in 2007 for a transit facility. However, this funding ($15 million requested) can be reduced. In any case, it is not available in 2005. • .There is significant adjacent property owner opposition to a transit facility with diesel buses on the North Day Lot. • There is the opportunity for the Town of Vail and Vail Resorts to cooperatively redevelop Timber Ridge if diesel buses are not located on the North Day Lot. Vail Resorts will move forward with a 150 bed employee housing project on the North Day Lot if the Town elects to locate a transit facility with buses on the site. After meeting with Town traffic consultants, URS Engineering, and Vail Resorts on several occasions, the following proposed direction is recommended: 1. Locate loading and delivery under the.Vail Square/ArraBelle - development. This will be built by Vail Resorts as per the approved plans for the Vail Square/ArraBelle development at no expense to the Town. 2. During specific times of the day allow Charter Buses to utilize a portion of the 8 bay loading and delivery facility under the new Vail Square/ArraBelle building. This will allow for improved skier operations by bringing guests up an elevator to obtain lift passes and meet ski instructors within the same building. In addition, Vail Resorts and the Town could investigate using the Vail Front Door loading and delivery facility for additional charter buses loading and unloading. 3. Locate hotel shuttle (non-diesel vans on-y) and skier drop- off (private vehicles only) on the North Day Lot. 4. Maintain the regional and West Vail bus stop at Concert Hall Plaza/Lionshead Plaza for the next two to three years. 5. Develop an RFP for the redevelopment of the Lionshead parking structure in 2006 or 2007 to include a transit facility ~, _ for regional and Town of Vail buses. 4 center were asked to find a solution that did not create circulation conflicts on the. Frontage Road and would either maintain or improve the level of service in the existing parking structure. It was determined that 325 parking spaces could be developed underneath the conference center at approximately $30,000 a space. The cost per space of putting parking below the conference center is similar to the cost of putting parking over the existing parking structure given the structure and code improvements that will need to occur if the existing parking structure is modified significantly. The 320 parking spaces would provide the following opportunities: • 125 spaces for the conference center • Replace 70 parking spaces displaced when a new North entrance is created on the existing Lionshead parking structure. • And provide an additional 130 spaces for the public. • All together this would provide 255 (125 net new parking spaces for the conference center + 130 for additional public parking = 255 spaces) net new parking spaces for the Lionshead parking structure. Vail Resorts has verbally committed to pay the full $4.3 million the company has committed for public parking to create 325 parking spaces underneath the conference center. In doing this, it is recognized that the 125 parking spaces associated with the conference center are available on most peak ski days when hotel availability is limited and the probability of a large day time conference event is small. Vail Resorts further recommended, that the Town and the company work together to develop a funding source for creating a new parking structure on the Vail Resorts/Holy Cross maintenance facility site as a second phase to addressing the public parking challenge. Preliminary design work has indicated that a four level 400 space, above grade, parking structure could be created on the current site which provides surface parking for Vail Resorts employees. In developing this parking, it would be understood that approximately 200 of the 400 spaces would be for Vail Resorts employees and the other 200 spaces would be for other employees working in the Town of Vail. There are currently 200 spaces in the Holy Cross Lot. Between creating 255 net new parking spaces underneath the conference center and 200 new employee parking spaces at the Holy Cross Lot, it is felt that parking on the Frontage Road could be reduced to less than 15 days per ski season. In addition, this proposed plan would not preclude the redevelopment of the Lionshead parking structure. On December 21, 2005 the Vail Town Council expressed interest in pursuing the above mentioned parking scenario for Lionshead. c ,6 6. If an appropriate developer is not found, it has been concluded by URS that a transit facility could be located in between the Lionshead parking structure and the Lionshead mall (Option 4 in Attachment A). This idea would include creating a new stair and elevator tower east of the current annex building (Where Subway and the youth center are located). This would allow pedestrians to cross East of a transit zone and bring transit as close as possible to the gondola. This configuration would most likely displace the annex building. The attached URS report (Attachment A) reviews 4 basic options for locating a transit center in Lionshead. The traffic consultants evaluated pros and cons for each option. Purely from a transit standpoint the preferred alternative is the North Day Lot. When staff adds additional criteria such a cost, timing of available funds, adjacent property input, we would recommend option 4 of creating a bus stop/transit center at the East Lionshead Circle turn around. We would recommend that this not occur until the North Day Lot and Core Site are available for use for the above mentioned transil: and loading and delivery uses and options have been explored in redeveloping the Lionshead parking structure. 3. Parking A. The Issue: The master plan for the Vail Conference Center evaluates the appropriate number of cars for the conference center grid whether additional parking for the general public should be located at this site. The Town of Vail and Vail Resorts have generally agreed that the Town needs approximately 400 additional public parking spaces to help ensure that the number of days, cars parked on the Frontage Road is less than 15 per ski season. The Lionshead Master Redevelopment Plan identified the opportunity to locate 400 additional parking spaces on top of the existing Lionshead parking structure. The Vail Conference Center based on work from HVS (Conference Center Business Plan consultant) and FHU (Town's transportation consultant) is estimated to need an additional 125 parking spaces. This would allow the center to have a conference for 700 people even during a peak ski day without creating additional days of parking on the Frontage Road. B. The Proposed Solution: Staff, with the assistance of URS, FHU, and Fentress Bradburn, evaluated various options for locating parking under the conference center and how to locate a new entrance on the existing parking structure. Furthermore, the parking consultants for the conference III. ACTION REQUESTED OF THE TOWN COUNCIL: Staff would appreciate Town Council input on the following issues: 1. Should the Town further pursue a housing agreement between the redevelopment of Timber Ridge and Vail Resorts interest in providing employee housing. 2. Are the above mentioned transit and circulation recommendations acceptable to further discuss in public meetings. Attachment A: URS Report on Transit .Options c f A Report on the Recommendation of a Preferred Site for the Vail Transit Center Prepared for: The Town of Va i I Prepared by: Nate Larson, P E, PTO E URS Corporation On Behalf of: Fentress Bradburn Architects February 7, 2005 This brief report has been prepared at the request of Town of Vail staff to evaluate four site options for regional transit transfer activities. This report has the following three parts: 1. Evaluation Criteria 2. Pro/Con analysis of the four sites 3. Conclusions The current transit center is not considered large enough to accommodate the desired functions, which include but are not limited to the following: • Bays for up to five buses and five hotel shuttle; vans at one time • Warming enclosure for passengers and drivers • Restroom facilities • Visual display of system route and schedule information The consideration of a new location is driven by fact that the existing site is not large enough to accommodate these desired functions, which are considered vital to the future success of multimodal transportation to, from, and within the Town of Vail. If a new location is selected, all transit center functions currently occurring at the existing site will be transferred to the new transit center when it opens. CRITERIA FOR EVALUATING TRANSIT OPTIONS The following criteria. were developed by the Vail Civic Center consultant team to facilitate the Pro/Con analysis of each site, and are presented in no particular order: 1. Capacity to meet program targets (5 buses, 5 shuttle vans) 2. Adequate space for vehicle circulation and maneuvering within the center 3. Traffic impacts on Frontage Road 4. Impact on access /egress at Lionshead parking structure 5. Safe pedestrian movement within transit center & from there to Lionshead Mall (proximity to pedestrian destinations) Vail Transit Center Site Selection Report - .~ Fronta ge Road,.- G; l ti 4 t : k, d ~, . ~ _ . ~~ ~ ~,~ ~Y ~ . i Tf ..~-: ~ .~.i 'a. ~, ~ . t .~ ~.,~ ~ f ~ i ~ r ~ ; J, C, 4.1 i , . 4 I ~ 4` '4 i ~ ~ • `:~ l 7 f ~ .~ ' i Y i1M { t_. 4 . ` ,•FA. ,, ~k; t -~ . c ~ ~,~ ; ~ ! L/L ,i ... { }}y ~ ~ - 4 r Y `I -. 1 PROS • Least cost • Existing CONS ~- ~ ~ r r ~!~ ; ~ (~ 6 = ~ r. ~ ~ U ~ r r-. ~ '4 , r `~ ,~ ~ ~ ~ ~ r ~ T~ " U f ~ ~ ~ f ,~, ~ ~~ ~ . ; _ j:. i I ~ . ", ~ . ~ F _ ce l r , 1~ U1 r ~ ~ ~ r F S_ ti Mk ~ ~ ~ _ _,,, _. ws `.~ ` ~ k , ,i ~ i ,~ , ~ _ ~~ t~ ~ ~, ~; i = _ ~ , ~ ~ i ~ ~ f L ',~''. ~ ~ - t ,~ ` A 1 f . A k c I "~ y ~•~ J-~ . f- _. c S~ 1 i i ,~ t'~ ~. c i ~_ ~ ~~ ; r , r4 ~._.. ~. _.. .._ ' ~ ~ ~ n '-~ ~ Y, ., _ r ""'"' _ ~ .r i 1 _ ~ ~ r j _ 1 `l ~ I ~~ ~ r ;~ ~ t ~ .. l Figure 1. Concert Hall Plaza Site • Can't fit full program or any ancillary uses • Conflicting uses (delivery and service, pedestrians, cars) • ,Inefficient, unworkable shape (circle) • No direct pedestrian route to mountain • Site doesn't energize retail development, most likely pedestrian route is at mall edge (down the street), • Brings big buses into Lionshead pedestrian zone • Limits potential redevelopment of Concert Hall Vail Transit Center Site Selectiori Report 6. Potential for future expansion of transit center 7. Provides space for waiting area, restrooms, etc. (+/- 600 sf?) 8. Balances pedestrian flow into Lionshead Mall (east vs. west) 9. Possibility of combining with Information Center? 10. Convenient access for buses from Town of Vail and regional bu;; routes (and I-70) 11. Visibility from highway and Frontage Road 12. Ease of rider transfer to in-town shuttles 13. Safe distance between entry to transit center and any roadway intersection (150'?) 14. Cost 15. Separation from Village Transit Center These criteria were considered starting points for discussion, and not all of them were eventually used in the Pro/Con analysis. No scoring or weighting mechanisms were used in this analysis. The Pro/Con analysis for the first three sites was conducted in a workshop setting on September 29, 2004 by consultant team members Mike Winters (Fentress Bradburn), Nathan Kibler-Silengo (Fentress Bradburn), Nate Larson (URS), and Sherry Dorward, Landscape Architect. OPTION 1: CONCERT HALL PLAZA The Concert Hall Plaza site is the location of the existing transit transfer facility. It is located on West Lionshead Circle south of Frontage Road (see Figure fl). Vail Transit Center Site Selection Report 2 OPTION 2: NORTH DAY LOT The North Day Lot site is the located on the southeast corner of the intersection of Frontage Road and West Lionshead Circle (see Figure 2). .- _. _ ,.. _ - ~ - k^ ~~ ~ ~ ~ i - ~ ~.. ~ - _ - + ~ ~~ ~ -.. Frontage Road , i r:_ ~1` - }} z ..r 1 Y- ' (~ _ _ ~~~ p ~t ~ r'C.': ~ r i ~ ~, , Figure 2. North Day Lot Site PROS • Pedestrian overpass makes this transit location more accessible to people coming from north side of I-70 • Strengthens North-South pedestrian axis into Lionshead core • Biggest site, allows best potential design (functional, expandable) • Better vehicle access - no conflicts with parking structure, minimal number of Frontage Road curb cuts ~`~ ~ .Closer to mountain than Options 1 or 3 Vail Transit Center Site Selection Report 4 • Pedestrians don't have to cross a vehicular street • Already part of adopted Lionshead master plan • Might integrate better with in-town shuttle CONS • Have to work around pedestrian overpass (site planning constraint, not obstacle) • Proximity to residential condos (opposition to traffic and diesel buses, noise) • Limits use of site for other needed/desired development, increasing development costs • Not a Town of Vail property (but Town has rights in the Lionshead development ~~ agreement) 'OPTIONS 3a and 3b: ON TOP OF.THE LIONSHEAD PARKING STRUCTURE :- The existing Lionshead Parking Structure is located on the southeast corner of the intersection of Frontage Road and East Lionshead Circle. With Option 3a, the new transit center would be located on top of the Lionshead parking structure (see Figure 3). With Option 3b, the transit center would be located on the redeveloped Lionshead Parking Structure (see Figure 4). Vail Transit Center Site Selection Report ~ 5 _ L" -_ i ._`.._ f _._ _ ~_.._- --A_ - __ -_- --_ _- ~ _ - ~.. k - .._ ~ ~___ f ~} i r j - -- __.___ - _ ~_ ~ ~~ ~~ _ -) -- _ ~ y" __-~ r i~ l a ~. j - -- ~, Ik` ~ i ~ l _, ~ ~~ . I~ ~, .~~ ~ f _ i o ~. _" ~~ ~'~ {, ` ~ ,. ____ . E_ ~ ~< -.- r _~~ ~ ~ , , L ~ v / n ~~ ~ ~ I ___ -.. ~ ( ~ I -_-_ - , ~4 _ - --- --- - - -- - - w~ F ,:14'~ ' 9Qi' ' 4 ~ J _- l` { t ~ - - _ _ _ ____ _- -- ~~. ~; - --- . y -- ~ `~ , ~i ~__.-- ~,..~ _. . ~ ~ - _ _. _ ~. r - ~' ` ~ - - - -- - ~~ :; ~.. ~j~ ~ ~n~~ ~ ..~~_.~ .. __ ._- _.~ ~'. -- - ~~ ~ '~ ~ "~ a' ti ( 7}I1~~ Figure 3. Lionshead Parking Structure Site (Existing) Option 3a puny • No adjacent residential properties • Town of Vail property • Direct access from Frontage Road • Close to civic/conference center ~nN~ • Density of the many curb cuts along Frontage Rd. (potential CDOT concern) • Displaces parking spaces • Complicates circulation patterns on Frontage Road -lack of clarity for drivers • Requires physical improvements to parking structure if placed onceYisting ~'" structure (i.e. Phase 1, option 3) Vail Transit Center Site Selection Report ~ 6 • Inconvenient pedestrian connection • Longest distance to mountain • .Unpleasant pedestrian experience (quality concerns) • Poor visual quality of Frontage Road (no space for landscaping) • Space available is minimally adequate for program • No expansion potential • If transit center is located on existing structure in Phase I, it will have to be relocated for duration of Phase 2 construction, then rebuilt. Figure 4. Lionshead Parking Structure Site (Concept Schematic) Option 3b PROS • No adjacent residential properties • Town of Vail property ~ " • Direct access from Frontage Road Vail Transit Center Site Selection Report 7 0 • Pedestrian connection to Lionshead can be designed appropriately • Close to civic/conference center r n~.r c • Density of the many curb cuts along Frontage Rd. (potential CDOT concern) • Displaces parking spaces • Complicates circulation patterns on Frontage Road -lack of clarity for drivers • Longest distance to mountain • Poor visual quality of Frontage Road (no space for landscaping) • Timing requires developer involvement. • Would require removal of Vail Resorts International covenants • ,Space available is minimally adequate for program OPTION 4: E. LIONSHEAD CIRCLE TURNAROUND The E. Lionshead Circle turnaround site is located across E. Lionshead Circle from the southwest corner of the Lionshead parking structure, at the entrance to the Lionshead Mall. This option`would include the removal of the Youth Services facility and existing retail space adjacent to the parking structure (currently occupied by Subway) and reconfiguration of the parking structure's pedestrian access (see Figure 5). nDnc • Supports efforts to make East Lionshead Circle a more prominent entry into Lionshead (which could include enhanced signing and/or monuments) • Shortest distance to mountain minimizes skier/mountain employee walking distance • Directs pedestrian traffic from parking structure away from bus loading areas ~ Displaces current unregulated dropoff and delivery area , "~~ ~ Does not require route modification for in-town shuttle • Able to accommodate currently-projected transit and hotel shuttle needs easily Vail Transit Center Site Selection Report 8 P ~- --~ - - -_ --- - -- ~ ! 1 /~ ~ 1....-..~~ - _, i ~~ I ~ '~ _- - - --- i ~ _ - ~ --f _ -. _ - ---- - - -- i '~ ~ _ i \ _- i.-- -- - _._ ;~ _- - - ~- - - - - a r ~ - - -- -- __ _ _ - '~'~~~~ .~ -- -- ~---- r, { ~ ~ ~\~~\$\ ~~ ~\ ~ ~ ~~ ~ ~ - ~~~ -~ ~~ /~----- "-~ ~,~ rte" i ~--~ ~ r-1 r-- ~-, Figure 5. E. Lionshead Circle Turnaround Site • Does not add new access to Frontage Road (CDOT approval not required) • Potential for funding synergy between TIF and federal transit sources rn~.ic • If full transit operations capacity is realized, uphill bus movement could result in congestion at the Frontage Road/E. Lionshead Circle intersection, especially in concert with apeak-period "relief 'exit from the parking structure • Local traffic inbound on East Lionshead Circle is forced to go through a bus lane • Increased bus traffic could conflict with E. Lionshead Circle residential traffic • Slightly longer and less desirable bus routing pattern, given grade and low-speed residential character of E. Lionshead Circle Vail Transit Center Site Selection Report 9