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HomeMy WebLinkAbout2005-03-15 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12:00 NOON, TUESDAY, MARCH 15, 2005 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. George Ruther ITEM/TOPIC: PEC/DRB Update. (10 min.) 2. Stan Zemler ITEMITOPIC: Construction Timing. (20 min.) BACKGROUND: The issue has been raised regarding the regulation of times in which permitted construction activity may take place in the Town of Vail. More specifically, the issue relates to parties who wish to begin construction activity early. That is, prior to the currently permitted date of April 15th of each year. 3. Suzanne Silverthorn ITEMITOPIC: Review of 2005 Community Survey Questions Chris Cares and Methodology. (45 min.) BACKGROUND: In 2004, the Town of Vail community survey project was modified to.an every-other-year cycle based upon the advice of the town's contractor, RRC Associates. In recommending the change from an annual process to a biennial process, it was suggested community interest and participation would be revived, additional efficiencies would be created, and the new format would more clearly identify emerging trends. The most recent community survey was conducted in 2003. As in previous years,. the. purpose -of the survey is to determine- community priorities and evaluate the delivery of municipal services. The purpose of this discussion is to review the proposed survey questions and methodology for 2005 and give direction as needed. This project. is included in the Town of Vail work plan and is budgeted at $18,000. STAFF RECOMMENDATION: Staff recommends a review of the draft questions by the Town Council with additional modifications as needed. 4. Nina Timm ITEMITOPIC: A discussion with the Vail Local Housing Authority (VLHA) related to creating an employee housing pay-in-lieu program. (45 min.) ACTION REQUESTED OF COUNCIL: Listen to a presentation by the VLHA summarizing a proposec'I employee housing pay-in-lieu program and provide: the VLHA wi11h general policy direction and goals for drafting an ordinance related to the proposed pay-in-lieu program. BACKGROUND RATIONALE: Thc; Planning and Environmental Commission (PEC) requested the 'VLHA provide direction on the creation of a pay-in-lieu option for employee housing requirements. 5. Matt Mire ITEM/TOPIC: Executive Session.. Pursuant to C.R.S. § 24-6- 402(4)(b)(e) Discussions with attorney and negotiations. Re: employee housing w~ VLHA. 24-6 (~t0 min.) 6. Russ Forrest ITEMITOPIC: Master Plan for the LionsHead Parking Structure. (45 min.) BACKGROUND: A critical next step in the conference center process is moving forward with reviews with the PEC and the Design Review Board (DRB). Tlhese discussions will include reviewing the plans for the conference center, evaluating potential modifications to the LionsHead Parking structure, and a Master Plan for the LionsHead Parking structure area. Prior to the first meeting with the PEC:, staff wanted to review the draft Master Plan for the LionsHead Parking Structure with the Town Council. Specifically this plan is intended to comprehensively look at the LionsHead Parking structure area. The draft plan discusses the specific provisions of the LionsHead Master Redevelopment Plan as it relates to the LionsHead Parking Structure area and to transit recommendations. The "Master Plan for the Vail Conference Center and the LionsHead Parking ;structure" is intended to: • Provide direction for public parking and modifications to the LionsHead Parking structure. _ _ Discuss FrontagE Road. improvements. _ _ _ • Evaluate transit options. • Discuss compliance to the LionsHead Master Redevelopment Plan. ACTION REQUESTED OF COUNCIL: With this item, staff would like to inform Council of the Master Plan and its cc-nte>nts before having further discussions with the PEC. In addition, staff would like to review options for locating a transit center on the LionsHead Parking structure as per Council's previous direction. 7. Rick Pyleman ITEMITOPIC: Conference Center Affordable Houising Discussion Stan Zemler (20 min.) ACTION REQUESTED OF COUNCIL: As the applicant, the Town Council is being requested to provide direction on how the town should propose to address the required housing requirement. The options for addressing any required housing requirements are summarized in the March 15~' Conference Center memorandum to the Vail Town Council. 8 . Steve Wright ITEM/TOPIC: Discuss Ordinance No. #5, Series of 2005, an Buck Allen ordinance amending Section 6-3C-5C of the Vail Town Code, Matt Mire concerning the possession of liquor by underage persons, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, or deny Ordinance No. 5, Series 2005. BACKGROUND RATIONALE: Certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession or consumption of liquor by underage persons, to be consistent with the Colorado Revised Statutes. More specifically, the Town Code does not currently address the possession/consumption of liquor by underage persons on private property. This current loophole in the Town Code would be addressed by the proposed legislation. STAFF RECOMMENDATION: Approve Ordinance No. 5, Series 2005. 9. Matt Mire ITEMITOPIC: First reading of Ordinance No. #8, Series of 2005, an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates, Inc., of certain portions of Tract C, Vail/LionsHead first filing, and Tract C, Vail/LionsHead third filing, which are owned by the Town of Vail, and for the vacation and termination of certain existing public utility and drainage easements within Vail/LionsHead, first and third filings, all in connection with the development of the LionsHead "Core" site, a/k/a Arrabelle at Lion Square. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, Deny BACKGROUND RATIONALE: An ordinance for the purpose of (i) authorizing the conveyance by the Town of Vail to The Vail Corporation, d/b/a Vail Associates, Inc., of those portions owned by the Town of the approved development site for the Lionshead "Core," also having the project name of "Arrabelle at Lion Square," such conveyance being conditioned upon the closing under the Core Site Development Agreement, and (ii) terminating pre- existing platted easements within the Core development site, conditioned upon the closing under the Core Site Development Agreement and the provision of necessary replacement easements. STAFF RECOMMENDATION: Approve Ordinance #8, Series 2005 on first reading. 10. ITEM/TOPIC: Information Update. (10 min.) - Discussion: Re: Joint Vail Recreation District (VRD) Work Session. - Eagle County School District, RE50J Intergovernmental Agreement (IGA) /Gymnastics Center. 11. ITEMITOPIC: Matters from Mayor ~I< Council. (10 mun.) 12. Sloan Shoernaker ITEMITOPIC: Vail Pass Wildlife Overpass. (15 min.) 13. ITEMITOPIC: Adjournment. (4:40 p.m.) NOTE UPCOMING MEETING START TIA~ES BELOW: (ALIL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR, WORK SESSION WILL BEGIN AT 12 NOON, TUESDAY, APRIL 5, 2005 IN THE 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. DESIGN REVIEW BOARD AGENDA _ ~. ,' March 2, 2005 ~F~/~,: R 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Joe Hanlon Bill Pierce Pete Dunning Margaret Rogers Diana Mathias SITE VISITS 1. Vecellio Residence - 1082 Riva Glen 2. 9 Vail Road - 9 Vail Road 3. Arrigoni Residence - 1718 Geneva Drive 4. Alfond Residence - 1345 Westhaven Drive Driver: PUBLIC HEARING -TOWN COUNCIL CHAMBERS 12:OOpm 2:OOpm 3:OOpm Vecellio Residence DRB05-0041 Elisabeth Conceptual review of a residential addition (new bedroom) 1082 Riva Glen/Lot 3 Spraddle Creek Estates Applicant: Leo Vecellio, Jr.; represented by Resort Design Associates Conceptual review, no vote (with direction to Staff to approve the project pending Planning and Environmental Commission approval) 2. Vail Happenings Signs DRB05-0028 Final review of change to approved plans (illuminated signs) Bus stops at Slifer Plaza, Crossroads and Lionshead Applicant: Town of Vail, represented by Rick Scalpello ACTION: Denied MOTION: Rogers SECOND: Mathias VOTE: 5-0-0 3. Millenium Bank DRB05-0032 Final review of a minor alteration (canopy, windows, exterior) 2111 North Frontage Road West/Lot 3, Vail das Schone Filing 3 Applicant: Millenium Bank, represented by Gwathmey Pratt Schultz Architects PC ACTION: Approved MOTION: Rogers SECOND: Hanlon VOTE: 5-0-0 MEMBERS ABSENT Elisabeth Matt 4. Millenium Bank. DRB05-0030 Matt Final review of a new sign 2111 North Frontage Road West/Lot 3, Vail das Schone Filing 3 Applicant: Scott Proper, represented by Gwathmey Pratt Schulltz Architects, PC; ACTION: Approved MOTION: Rogers SECOND: Hanlon VOTE: 5-0-0 5. 9 Vail Road DRB05~-0037 Elisabeth Final review of minor alteration (new parking) 9 Vail Road/Lot 9B, Vail Village Filing 2 Applicant: Holiday House Condominium Association, represented by Zehren ar~d Associates ACTION: Tabled to~ March 16, 2005 MOTION: Rogers SECOND: Mathias VOTE: 5-0-0 G. Arrigoni Residence DRB05-0043 Matt Final review of a new single family residence 1718 Geneva Drive/Lot 11, Matterhorn Village Filing 1 Applicant: Balz & Christina Arrigoni, represented by Shepherd Resources, Inc. ACTION: Approved with conditions MOTION: Rogers SECOND: Mathias 'VOTE: 5-0-0 CONDITION(S): 1. That the dormer on the west elevation be extended out 4"-6" and shown as such on the plans for building permit. 2. That the synthetic slate roof material used on the roof bE~ the Tamko dusk grey color and shown as such on the plains for building permit. 7. Alfond Residence DRB05-0040 ~ Matt Conceptual review of a new single family residence 1345 Westhaven Circle/Lot 50, Glen Lyon Applicant: John & Jill Alfond, represented by KI-I Webb Architects ACTION: Conceptual review, no vote MOTION: SECOND: 'VOTE: CONDITION(S): 8. Raiola Residence DRB05-0018 Elisabeth Final review of a new single family residence 1807 Alpine Drive/Lot 44, Block 1, Vail Village West Filing 1 Applicant: Jay Raiola, represented by Dave Lrwin ACTION: Tabled to March 16, 2005 MOTION: Rogers SECOND: Dunning VOTE: 5-0-0 9. Manor Vail Lodge DRB03-0155 Warren Conceptual review of proposed exterior modifications and site improvements 595 East Vail- Valley Drive/Lots A,B,C, Vail Village Filing 7 Applicant: Manor Vail Lodge Association, represented by Zehren Associates Conceptual review, no vote 10. Meyer Residence DRB05-0065 gill Final review of residential addition and exterior alteration 100 East Meadow Drive, Units 17 and 29/Village Inn Plaza Applicant: Luc Meyer, represented by Fritzlen Pierce Architects ACTION: Approved MOTION: Rogers SECOND: Hanlon . VOTE: 4-0-1 (Pierce recused) 11. Landmark DRB05-0066 Bill Final review of an addition (elevator tower) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Lionshead Condominium Association, represented by Fritzlen Pierce Architects ACTION: Tabled to March 16, 2005 MOTION: Hanlon SECOND: Dunning VOTE: 4-0-1 (Pierce recused) Staff Approvals Necedad Residence DRB05-0050 Warren Final review of a residential addition (master bedroom expansion) 1234 Westhaven Drive, Unit A72/Cascade Village Applicant: La Necedad LLC, represented by Danny Swertfeger Jordan Residence DRB05-0042 Bill Final review of a residential addition (new living room) 483 Beaver Dam Road/Lot 1, Block 2, Vail Village Filing 6 Applicant: Jay and Gretchen Jordan, represented by William Restock Angelo Residence DRB05-0029 Elisabeth Final review of change to approved plans (exterior fireplace) 352 East Meadow Drive/Tract A, Block 5B, Vail Village Filing 1 Applicant: John and Judy Angelo, represented by Jane Snyder, Mosaic Architects Dunning Residence DRB05-0035 Final review of a minor alteration (remove window)' 1461 Greenhill Court/Lot 7, Glen Lyon Subdivision Applicant: Peter and Lucy Dunning Dantas Residence DR605-0056 Final review of change to approved plans (window changes) 1936 W. Gore Creek Drive/Lot 46, Vail Village West Filing 2 Applicant: Michael Dantas Fritch Residence DRB05-0024 Final review of change to approved plans (new dormer design) 183 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1 Applicant: Bob Fritch, represented by Fritzlen Pierce Architects Joe George Bill Hibberd Residence DRB05-Q061 Warren Final review of a minor alteration (window replacement) 122 East Meadow Drive, Lot K, Block 5D, Vail Village Filing 1 Applicant: Fred Hibberd, represented by Snowdon & Hopkins Architects One Willow Bridge SalE:s Office DRB05-0051 Warren Final review of a sign 141 East Meadow DrivE;, Building A/Lot P, Block 5D, Vail Village Filing 1 Applicant: Crossroads East One LLC, represented by Vail Dover Associates LLC Vail Plaza Club LLC DF2B05-0048 George Final review of change to approved plans (elimination of chimney and addition of three windows) 100 East Meadow DrivE;/Lot M,N.O, Vail Village Filing 1 Applicant: Daymer Corporation, represented by Zehren & Associates, Inc. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please ca11479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. t To: Vail Town Council, Stan Zemler, Greg Hall, Russ Forrest, George Ruther From: Matt Mire, Town Attorney Date: March 9, 2005 Re: Time Construction Activity May Be Performed in the Town of Vail The issue has been raised regarding the regulation of times in which permitted construction activity may take place in the Town of Vail. More specifically, the issue relates to parties who wish to begin construction activity early. That is, prior to the currently permitted date of April 15th of each year. The Vail Town Code (the "Code") regulates the timing of construction activity by setting forth the times of the day and the days of the week which construction work is authorized (7:OOam-7:OOpm, Monday through Friday). Pursuant to the. Code, relief may be obtained to allow for construction activity outside of the proscribed times and days, but requires written consent from the Director of Public Works. This special form of relief requires no action from the council. The dates in which construction activity is permitted are also set out in the Code. The Code regulates the dates by regulating when street-cut permits may be issued, so as to allow a street opening or pavement cut. The code prohibits permits to be issued for this type of activity between November 15 and April 15, except in the case of an emergency. In the. case of an emergency, an extra 30 days is provided after November 15 and other requirements .may attach. Pursuant to the Code, an individual may be issued a permit until December 15 "if it is determined that special or unforeseen circumstances require the issuance of the permit or if the applicant is a public utility." This form of relief also requires no action from the council, but Public Works may require the applicant to post an additional surety or take other action to protect the public way. Finally, the Code prohibits permits allowing this type of activity after December 15 until April 15. The exceptions to this prohibition are in the case of an emergency or _ _ upon_specifc approval _by resol.ution._of .the Town Council. This is the section of the Code from which relief is currently sought. There are several ways in which to provide exception from the rule prohibiting construction activity prior to April 15. Several of these are as follows: 1. Amend the Code to allow for permit to be issued for this type of work earlier than April 15 under the standard applied to work after November 15, i.e. "if it is determined that special or unforeseen circumstances exist." This would be a permanent amendment to the Code and Public Works would have discretion in these Construction Timing memorandum March 9, 2005 Page 2 circumstances. The problem with this approach is that if the town grants this relief for "convenience" by determining that the large amount of ongoing construction activity automatically constitutes "special circumstances" then I would anticipate a lot of people asking to "start early" over the next three years. 2. Apply the code's current regulation and allow a deviation from the April 15 date by resolution i1f the circumstances require. This would allow the council to make a determination of need based upon the circumstances of an individual applicant's situation. Obviiously, the Town Manager would always have the authority to provide a deviation from proscribed dates in the case of an emergency and without first obtaining a resolution. In i:hose circumstances, the council would be asked to ratify the manager's actions at their next meeting. 3. Pass one resolution acknowledginct that the construction environment in town over next three years constitutes special circumstances and authoriziing the Town Manager and/or Pubic Works Director to modify or suspend the April 15 start date under certain circum:~tances and only for a set period of time. For instance, the resolution could authorize the Town Manager to grant the aforementioned deviations "for the pubic necessity and convenience." I would rE~commend that any such .authorization be reviewed periodically or sunset and expire when the public necessity no longer requires a deviation from the Town's regulations. The above-referenced suggestions are obviously not the only ways to address this issue, but ~Nere some of the thoughts I had after a review of the Towns Code. If you have any questions about this, or anything E;Ise, please do not hesitate to contact me. Staff re~cQmmends option III. This approval will allow the Town to consider each situation as it presents itself. Outlined below are criteria that would be used to constitute a special circumstance. • E=arty start will mitigate economic impacts on merchants affected by the proposed exception. v l~egative traffic impacts and emergency response capabilities are mitigated by allowing an early construction ;~tert. o An early start facilitates the improved coordination of other projects that would affect traffic, emergency response; utility work and Town Economics. If Council supports this approach staff would return. at the April 5`h rneeting with a resolution. TO: Town Council FROM: Stan Zemler, Town Manager Suzanne Silverthorn, Community Information Officer DATE: 3-15-05 SUBJECT: Review of 2005 Community Survey Questions & Methodology 1. BACKGROUND In 2004, the Town of Vail community survey project was modified to an every-other-year cycle based upon the advice of the town's contractor, RRC Associates. In recommending the change from an annual process to a biennial process, it was suggested that community interest and participation would be revived, additional efficiencies would be created, and the new format would more clearly identify emerging trends. The most recent community survey was conducted in.2003. As in previous years, the purpose of the survey is to determine community priorities and evaluate the delivery of municipal services. A draft of the 2005 community survey is attached and will be the focus of the Town Council review on March 15. Chris Cares of RRC Associates will facilitate the discussion. This project is included in the Town of Vail work plan and is budgeted at $18,000. 2. SURVEY METHODOLOGY It is recommended the community survey be conducted by telephone this year. This technique has been used during the past three surveys and is the most appropriate technique for generating a statistically valid sample. To ensure the survey's validity, 300 full-time residents and 100 part-time residents will be telephoned at random with calls taking place between March 26 and April 8. In addition, as in previous years, the survey will be available in a mailback format upon request. These responses are tabulated separately from the telephone survey. Results will be tabulated by RRC Associates and presented to the Town Council in June. 3. STAFF RECOMMENDATION Staff recommends a review of the draft questions by the Town Council with additional modifications as needed. 4. ATTACHMENTS 2003 Community Survey Results 2005 Draft Community Survey . Town of Vail Community Survey 2005 draft Telephone number: ZIP code (from list) Name: Hello, this is with research company. We are conducting a random survey of residents concerning issues facing the Town of Vail. This is not a sales call. Could you spare some time to answer some questions? SCREENING QUESTIONS A. Are you 21 years of age or older? 1) [ ] Yes - (CONTINUE) B. Is there someone over 21 in your household that I could speak to? 1) [ ] Y2S - (MAY I SPEAK WITH THAT PERSON?..........GO TO INTRODUCTION) 2) [ ] Yes, but not home (GO r0 C) 3) ~ ~ NO - (THANK AND TERMINATEI C. (IF RESPONDENT IS NOT AT HOME) What is a convenient time, to call them back? / day 6me INTERVIEWER: ENTER GENDER OF RESPONDENT [ ] M [ ] F First, a few questions about the general state of Vail... 1. Would you say that things in the Town of Vail are going in the right direction, or have they pretty seriously gotten off on the wrong track? [ ]Right direction [ ]Wrong track [ ]Don't know 2. In past surveys, the following issues have been identified as important to the future of Vail. Using a scale from 1 to 5 where 1 is "not at all important" and 5 is "extremely important", please rate how important you feel these issues are. NOT AT ALL EXTREMELY IMPORTANT IMPORTANT DK Construction and/or maintenance of public roads and streets to serve both residents and guests 1 2 3 4 5 x Growth and development 1 2 3 4 5 x Facilitating a range of housing opportunities for those who work in Vail 1 2 3 4 5 x Revitalizing West Vail commercial area 1 2 3 4 5 x Improving various pedestrian modes of transportation in and around Vail 1 2 3 4 5 x Protection of Vail's environmental resources 1 2 3 4 5 x Providing adequate and safe parking for peak visitor periods 1 2 3 4 5 x Sustaining economic viability of businesses in Vail 1 2 3 4 5 x Do you have any specific comments on your response to this question? i 3. How satisfied are you with the following functions of the Town of Vail government? Use a scale from 1 to 5 where 1 means "not at all satisfied" and 5 means "very satisfied" to rate each of i~he following items, Please use DK/NO (Don't KnowlNo Opinion) as appropriate. Current Town Council Planning and Environmental Commission (also known as the PEC) Design Review Board (a.k.a. as the DRB) Town of Vail staff NOT AT ALL VERY SATISFIED SATISFIED_ DK 1 :? 3 4 5 x 1 :? 3 4 5 x 1 2 3 4 5 x 1 ~' 3 4 5 x The Community Developmeni` Depar6nent provides planning, design review, environmental programs, and building and restaurant services. 4. Have you used the Corrlmunity Development Department with the past 12 months? [ ]Yes [ ] No 5. Please rate your satisfaction with the following aspects of the Community Development Department. Use the same 1 to 5 scale as before. Overall service and efficiency Building permit review anti inspections Environmental quality in the Town of Vail (air, water, etc.) Courtesy and attitude Quality of new development and redevelopment over the pass: three years NOT AT ALL CRY SATISFIED SATISFIED DK 1 2 3 4 5 x 1 2 3 4 5 x 1 2 3 4 5 x 1 2 3 4 5 x 1 2 3 4 5 x The Public Works Department provides maintenance of public areas including parks, buildings, roads and village areas. 6. Rate your satisfaction with Public Works services in the Town of Vail: • NoT AT ALL VERY SATISFIED SATISFIED. DK Snow removal on roads 1 2 3 4 5 x Road and street maintenance by the Town of Vail 1 2 3 4 5 x Overall park maintenance 1 2 3 4 5 x Appearance and condition of town-owned buildings 1 2 3 4 ;i Friendliness and courteous attitude of x Public Works employees 1 2 3 4 'i x Cleanliness of pedestrian villages 1 2 3 4 5 x Cleanliness of public restrooms 1 2 3 4 5 x 2 r 7. Rate your overall quality of fire department services in the Town of Vail: NOT AT ALL VERY SATISFIED SATISFIED DK 1 2 3 4 5 x 8. Have you utilized Vail Fire for any service, inspection or 9.1.1 emergency within the past 12 months? [ ]Yes [ l No 9. Please rate your satisfaction with the following aspects of Fire Services in the Town of Vail. NOT AT ALL VERY SATISFIED SATISFIED Fire/emergency medical response time 1 2 3 4 5 Courtesy and helpfulness of firefighters 1 2 3 4 5 Plan review/Fire prevention-inspection programs Public Fire Education programs 1 2 3 4 5 10. Please rate your satisfaction with the following aspects of Police Services in the Town of Vail. NOT AT ALL VERY SATISFIED SATISFIED Overall feeling of safety and security 1 2 3 4 5 Visibility of police foot/vehicle patrol 1 2 3 4 5 Friendliness and approachability of Vail police department employees 1 2 3 4 5 Overall quality of service 1 2 3 4 5 11. Are you aware of the Town of Vail's efforts to enforce the speed limit on I.70? [ ] Yes [ ] Uncertain (GO TO Q.) 12. Has the enforcement program affected the way you drive the Interstate through Vail? [ ] Yes [ ] No 13. What level of parking enforcement would you like to see in Vail? [ ] Strict enforcement [ ] Moderate enforcement [ ] Somewhat lax enforcement [ ] Lax enforcement 14. How many times per month do you use TOV bus service? times per month 15. Please rate your satisfaction with bus service. Frequency of In-town shuttle Frequency of outlying service Bus driver courtesy Dependability of bus service Cleanliness of buses NOT AT ALL VERY SATISFIED SATISFIED 1 .2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 DK x x x DK x x x x DK x x x x x 3 1Ei. Do you own a parking pass or value card this season? [ ] No (GO TO' Q. J [ ]Yes: [ ]Gold pass [ J Blue pass (]Careen pass [ ]Pink pass [ ]Value card 17. How satisfied are you with the benefits of your pass this year? NOT AT ALL ry~RY SATISFIED SATISFIED DK 1 2 3 4 5 x Any comments on your response? 18. Please rate your satisfaction with public parking services in Vail IVOT AT ALL WERY SATISFIED SAYISF'IED DK Overall parking fees/pricing structure 1 2 3 4 5 Three-hour metered shopper parking 1 2 3 4 x Booth attendant courtesy 1 2 3 4 5 5 x x Parking structure cleanlinE:ss 1 2 3 4 5 Parking availability during winter periods 1 2 3 4 5 x Parking availability during summer periods 1 2 3 4 x 5 x Do you have any comments or suggestions concerning parking? 19. Do you hold a library card in the Town of Vail? [ ]Yes [ ] No 20. Please rate your satisfaction with the following: NAT AT ALL VERY SATISFIED SATISFIED DK Library collection (including magazines, books, audio and visual media) 1 2 3 4 ;> Library Story Hour 1 2 3 4 5 x Unlimited Adventure Speaker Series 1 2 3 4 5 x Summer Youth Festival 1 2 3 4 5 x 21. Have you or a member of your family attended Library Story Hour? x [ ] Yes [ ] No 22. How would you rate the Town of Vail's website as a timely and convenient resource for governrnent information? (www.vailgov.com) (Use "DK" if Don't Know/Never Used.) NOT AT ALL VERY SATISFIED SATISFIED DK 1 2 .3 4 5 x 4 i ~ 23. If the Town were to add wireless Internet connectivity to the Village and Lionshead core areas, would you use it? [ ] Yes [ ] No [ ] Uncertain 24. How important do you feel this service is? NOT AT ALL VERY IMPORTANT IMPORTANT DK For you personally 1 2 3 4 5 x For visitors and guests 1 2 3 4 5 x 25. Over the past two years has the sense of community within the Town improved, gotten worse or stayed the same? [ ]Improved [ ]Gotten worse . [ ]Stayed the same [ ]Don't know/no opinion 26. What doesn't Vail have (facilities and amenities) that you would like to see provided? Are there specific infrastructure or programs you would like to see added to serve Vail in the next five years? [ ] Yes (what are they?) [ ] No 27. Thinking about planning issues and priorities to receive public attention, how important are the following? NOT AT ALL VERY IMPORTANT IMPORTANT DK I-70 noise mitigation 1 2 3 4 5 x Recreation amenities to serve Vail citizens 1 2 3 4 5 x Transportation improvements: I-70 long-term solutions 1 2 3 4 5 x Emergency preparedness for natural and manmade disasters 1 2 3 4 5 x Other public improvements: 1 2 3 4 5 x 28. Thinking about the vision for the new Vail, and all the improvements that are occurring, how would you describe your attitude? [ ] Not at all excited [ J Somewhat excited [ ] Very excited Do you have any comments on your response?. 29. Rate your satisfaction with the Town of Vail's management and communications concerning construction going on in town. NOT AT ALL VERY SATISFIED SATISFIED DK 1 2 3 4 5 x 5 ~, t. Please provide the following demographic information. Please remember that all responses remain strictly confidential and are reported only in group format 3(1. Where is your residence within the Town of Vail located? [ ]East Vail [ ]Booth Falls and Bald' Mountain Road areas [)Booth Creek/Aspen Lane [ ]Golf Course [ ]Vail Village [ ] Lionshead [ ]Potato Patch, Sandsi:one [ ] Buffehr Creek, Lionsridge, the Valley 31, Do you own or rent your residence? [ ]Own [ ]Rent [ ]Other (specify) [ ] Vait Commons/Safewayana [ ] INest Vail (north of I-.TO) [ ] I~Aatterhom, Glen Lyon [ ]Intermountain [ ] Plot a resident of the 'Town of Vail [ ] (her 32. How long have you lived within the Town of Vail (or owned property if anon-resident)? [ ]Less than 1 year [ ] 1-5 years [ ] 6-15 years [ ]More than 15 years 33. Which of the following best describes you? [ ]Non-resident owner of business/commercial property (SIGIP NEXT QUESTI()NJ [ ]Year-round resident (1;2 months/year) (]Seasonal resident 34. (IF RESIDENT) Do you own or operate a business within the Town of Vail? [ ]Yes [ ] No 35. Are you a registered voter in Vail? [ ]Yes [ l No 36. Which of these categories best describes your marital status? [ ]Single, no children [ ]Couple, no children [)Household with children [ ]Empty-nester, children no longer at home 37. Looking ahead to the ne~;t three years in Vail, what do you think the two or three biggest challenges will be? 6 _, `' Town of Vail Community Survey 1999 to 2003 APPENDIX B -SURVEY FORM Town of Vail Community Survey 2003 First, a few questions about the general state of Vail... 1. Would you say that things in the Town of Vail are going in the right direction, or have they pretty seriously gotten off on the wrong track? n=400 57% Right direction 28 Wrong track 15 Don't know 2. In a word or two, what do you believe are the two biggest issues, in order of priority, facing the Town of Vail? 3. In past surveys, the following issues have been identified as important to the future of Vail. Using a scale from 1 to 5 where 1 is "not at all important" and 5 is "extremely important", please rate how important you feel these issues are. NOT AT ALL EXTREMELY IMPORTANT IMPORTANT DK mean n Construction and/or maintenance of public infrastructure (roads, public plazas, etc.) to serve both residents and guests 2 5 27 34 32 0 3.9 400 Growth and development, 15 16 28 20 20 1 3.2 396 Constructing the voter-approved conference facility 26 20 26 12 11 4 2.6 385 Facilitating a range of housing opportunities for those who work in Vail 8 9 17 26 39 1 3.8 396 Revitalizing Vail Village 7 16 26 22 27 1 3.5 397 Revitalizing LionsHead 5 8 19 28 38 1 3.9 398 Improving fire response times and fire fighting capabilities 7 11 27 19 28 8 3.5 370 Improving various modes of transportation in and around Vail (bus, pedestrian, bike, etc.) 14 15 31 18 21 1 3.2 396 Protection of Vail's environmental resources 3 6 14 19 57 1 4.2 398 Providing adequate and safe parking for peak visitor periods 4 7 14 26 49 0 4.1 400 Sustaining economic viability of businesses in Vail 3 4 9 24 58 0 4.3 400 Do you have any specific comments on your response to this question? 4. Recognizing that there are tradeoffs in many of the decisions facing the Town of Vail, which choice from the following best expresses your opinion? n=401 4a: 59% The Town of Vail should continue to create additional recreational facilities within the Town's boundaries for the enjoyment of residents and visitors OR 32% Any additional recreational facilities should be built Down Valley 9% Uncertain/no opinion 4b: 64% Vail's governmental revenues should continue to be based predominately on sales tax revenues generated by visitors OR 29% Vail should look at diversifying its revenues through a restructured property tax base 7% Uncertainlno opinion 19 Town of Vail Community Survey 1999 to 2003 5. Are you aware that the Tovrn of Vail is implementing more than a million dollars ini budget cuts to balance the Town's operations over the next two years due to declining sales tax receipts? n=401 68% Yes 32 No 0 Uncertain 6. Which of the following best describes your~reaction to these cost cutting efforts? n=401 14% Too deep---more cutting than is necessary 53 About right 11 Not deep enough- more is needed 22 Unsurelno opinion i . Now, I'd like to read you a list of proposed improvements that the Town is considering asking voters to POSSIBLY fund through a bond issue that would incn~ase property taxes. For each one, E!lease tell me if that item appeared individually on the ballot, would you vote "Yes, in favor," or "Na~, against" funding it with a property tax increase: The t!mount of the tax increase would depend on the final package presented to vote!•s, so at this point, please think more! about what is beir!g funded than how. YE:S NO DK Add safe travel areas for vehicles and pedestrians, such as turn lanes and sidewalks on the south frontage road and separate pedestrian and bus areas on East and West Meadow Drive 43% 53% 4% Invest in improvements to spur redevelopment in Vail Village and LiansHead such as landscaping and appearance enhancements and pedestrian walkway improvements 58 43 1 Build a new fire station and provide additional firefighting and emergE;ncy equipment for ii: 49 42 9 Consolidate the Vail Fire and Emergency Services Department with the Eagle River Fire Protection District 4'.i' 33 19 Are there any other major improvements you would like to see considered 8. How satisfied are you with 1;he following functions of the Town of Vail government'i' Use a scale from 1 to 5 where 1 means "not at all satisfied" and 5 means "ve!y satisfied" to rate each of the following items. Please use DKINO (Don't KnowlNo Opinion) as appropriate. NOT AT ALL VERY SATISFIED SATISFIED DK mean n Current Town Council 8 13 38' 21 5 13 3.0 347 Planning and Environmental 8 10 37 18 7 18 3.1 327 Commission (also known as the PEC) Design Review Board (a.k.a. as the DRB) 15 17 30 14 7 17 2.8 333 Town of Vail staff 5 5 25 34 20 11 3.7 358 The Community Development Department provides planning, design review, environmental programs, and building and restaurant services. 9. Have you used the Community Development Department with the past 12 months? n=401 22% Yes 77 No (GO TO Q. 11) 10. Please rate your satisfaction with the following aspects of the Community Developrent Department. Use the same 1 to 5 sca le as before. NOT AT ALL VERY' SATISFIED SATISFIED DK mean n Overall service and efficiency 15 15 23 24 23 1 3.3 87 Building permit review and inspections 22 10 20 17 18 13 3.0 77 Environmental quality in the Town of Vail (air, water, etc.) 5 6 27 33 28 1 3.8 87 Courtesy and attitude 10 16 10 27 34 2 3.6 86 20 - Town of Vail Community Survey 1999 to 2003 The Public Works Department provides maintenance of public areas including parks, roads and streets. 11. Rate your satisfaction with Public Works services in the Town of Vail: NOT AT ALL VERY SATISFIED SATISFIED DK mean n Snow removal on roads 1 2 6 39 51 1 4.4 397 Road and street maintenance by the Town of Vail 1 6 20 42 30 1 3.9 398 Overall park maintenance 0 2 10 44 42 2 4.3 392 Appearance and condition of town-owned buildings 0 6 25 41 22 4 3.8 383 Friendliness and courteous attitude of Public Works employees 1 3 15 38 36 ~ 8 4.1 369 Cleanliness of pedestrian villages 2 4 14 44 35 2 4.1 394 Cleanliness of public restrooms 2 5 24 34 17 18 3.7 330 12. Rate your overall satisfaction with fire services in the Town of Vail: NOT AT ALL VERY SATISFIED SATISFIED DK mean n 1 1 8 27 39 23 4.3 309 13. Have you utilized Fire Services within the past 12 months? n=401 13% Yes 85 No 14. Please rate your satisfaction with the following aspects of Fire Se rvices in the Town of Vail. NOT AT ALL VERY SATISFIED SATISFIED DK mean n Fire/emergency medical response time 0 1 5 20 27 46 4.3 215 Courtesy and attitude of firefighters 0 1 6 15 38 39 4.5 245 Plan review/Fire prevention programs 1 3 16 19 13 48 3.8 208 15. Please rate your satisfaction with the following aspects of Police Services in the Town of Vail. NOT AT ALL VERY SATISFIED SATISFIED DK mean n Overall feeling of safety and security 1 2 8 29 57 3 4.4 390 Visibility of police foot/vehicle patrol 3 6 23 32 32 4 3.9 386 Friendliness and approachability of Vail police department employees 2 3 12 29 44 9 4.2 363 Overall quality of service 2 3 14 36 35 10 4.1 362 16. Please rate the IMPORTANCE of the following Po lice tasks in the Town of Vail. On this question,1 means " not at all important" and 5 means "very important.' Emergency response times of five minutes or less Ability of the police to handle simultaneous emergency calls Traffic enforcement on I-70 Noise enforcement on I-70 Strict parking enforcement NOT AT ALL VERY IMPORTANT IMPORTANT DK mean n 1 3 7 19 60 10 4.5 361 1 2 12 27 48 10 4.3 362 15 15 22 21 23 4 3.2 384 16 13 20 15 30 6 3.3 377 9 17 32 20 19 2 3.2 392 21 Town of Vail Community Survey 1999 to 2003 17. How frequently do you use TOV bus service? average=10.9 timE:s per month, n=391 18. Please rate your satisfaction with bus service. NOT AT ALL VERY SATISFIED SATISFIED DK Frequency of In-town shuttle 1 4 9 27 48 11 4.3 358 Frequency of outlying service . 5 7 18 22 24. 24 3.7 305 Bus driver courtesy 1 1 11 30 4~6 10 4.3 359 Dependability of bus service 0 1 9 . 31 4~9 9 4.4 365 Cleanliness of buses 0 3 13 37 36 10 4.2 359 19. Do you own a parking pass or value card this season?71% No ((~0 TO Q. 21) ( ]Yes: 1 % gold pass 3 blue pass 2 green pass 2 pink pass 18 Value card 20. How satisfied are you with the benefits of your pass this year? NOT AT ALL VERY SATISFIED SATISFIED DK mean n 20 17 24 13 25 2 3.1 104 Any comments on your response? _ 21. Please rate your satisfaction with public parking services in Vail. NOT AT ALL VERY S/1TISFIED SATISFIED DK mean n Overall parking fees/pricing sh~ucture 19 19 29 15 cl 8 2.7 367 Three-hour metered shopper parking 14 10 19 15 21 21 ~ 3.2 316 Booth attendant courtesy 1 2 14 32 39 11 4.2 356 Parking structure cleanliness 4 9 26 33 20 7 3.6 371 Parking availability during wini.er periods 25 25 22 16 fi 6 2.5 376 Parking availability during surrimer periods 2 1 9 22 57 8 4.4 369 Do you have any comments or suggestions concerning parking? 22. Do you support reduced parking on the Vail Frontage Road during peak periods? n=401 41 % Yes 54 No 5 Uncertain/unsure 23. Do you support reduced parking on the Frontage Road if it means increased cost:> or limitations for local residents at certain times? n=401 24% Yes 71 No 5 Uncertain/unsure 24. Do you have any additional comments on parking conditions or the range of options for regulating parking in the future? 22 f Town of Vail Community Survey 1999 to 2003 25. Do you hold a library card in the Town of Vail? n=401 60% Yes 39% No (GO TO Q. 27) 26. Please rate your satisfaction with the following Vail library services and facilities. NOT AT ALL VERY SATISFIED SATISFIED Material checkout 0 2 10 27 54 Fiction and non-fiction books •- 1 13 37 42 Magazines and newspapers -- 1 8 27 55 Alternative media (videos, DVDs, books on tape) 0 -- 15 34 35 Parking availability for library use 18 18 20 15 19 DK mean n 7 4.4 224 8 4.3 222 10 4.5 216 16 4.2 202 11 3.0 213 27. How would you rate the Town of Vail's website as a timely and convenient resource for government information? (www.vailgov.com) (Use "DK" if Don't KnowlNever Used.) NOT AT ALL VERY SATISFIED SATISFIED DK mean n 1 2 13 21 13 50 3.9 199 28. Over the past two years has the sense of community within the Town improved, gotten worse or stayed the same? n=395 16% Improved 31 Gotten worse 46 Stayed the same 8 Don't knowlno opinion 29. On a scale where 1 means "not a problem" and 5 means "a very significant problem," how important are the following economic issues for Vail at the present time? Cost of commercial leaseslrents for businesses Fewer residents living in Vail year-round Lack of affordable housing Quality and value of lodging, restaurants and other services Finding the appropriate balance between destination visitors and day visitors NOT A VERY SIGNIFICANT PROBLEM PROBLEM DK mean n 4 3 10 21 46 15 4.2 340 18 12 27 17 21 5 3.1 381 11 11 19 20 37 2 3.6 393 15 14 26 23 20 2 3.2 391 8 11 26 21 28 5 3.5 382 Please provide the following demographic information. Please remember that all responses remain strictly confidential and are reported only in group format. 30. Where is your residence within the Town of Vail located? n=401 30% East Vail 1 Booth Falls and Bald Mountain Road areas 1 Booth CreeklAspen Lane 4 Golf Course 8 Vail Village 8 Lionshead 9 Potato Patch, Sandstone 2 Buffehr Creek, Lionsridge, the Valley 1' Vail Commons/Safeway area 23 West Vail (north of I-70) 4 Matterhorn, Glen Lyon 3 Intermountain 1 Not a resident of the Town of Vail 4 Other 23 Town of Vail Community Survey 1999 to 2003 31. Do you own or rent your residence? n=401 78% Own 20 Rent 1 Other (specify) 32. How long have you lived wii:hin the Town of Vail (or owned property if anon-resident)? n=401 6% Less than 1 year 21 1-5 years 33 6-15 years 39 More than 15 years 33. Which of the following best describes you? n=401 5% Non-resident owner ofbusiness/commercial property (SKIP IVEXT QUESTION) 57 Year-round resident (12 months/year) 37 Seasonal resident 34. (IF RESIDENn Do you own or operate a business within the ToHrn of. Vail? n=377 19% Yes 81 No 35. Are you a registered voter in Vail? n=401 51 % Yes 48 No 36. Which of these categories best describes your marital status? n=401 31% Single, no children 16 Couple, no children 20 Household with children 31 Empty-nester, children no longer at home 24 .; Memorandum To: Vail Town Council From: Vail Local Housing Authority Subject: Pay-in-Lieu for Employee Housing Requirements Date: March 15, 2005 L Introduction The Vail Local Housing Authority ("VLHA") is working on a housing plan to address the current and future housing needs for employees within the Town of Vail. With the current development/redevelopment slated to occur in Vail the VLHA wants to ensure that the future housing demand can be addressed within the Town. Based on recent Planning and Environmental Commission meetings that occurred with developers, the VLHA would like to open a dialogue with Town Council regarding pay-in-lieu as the preferred alternative for required employee housing units. The Town has always provided developers with three alternatives to satisfy their employee housing requirements: building on-site housing, building off-site housing, or paying cash-in-lieu of building. However, historically developers have met the requirement only with on-site employee beds. Due to market conditions, the units that are currently created within a commercial development are generally designed to serve seasonal employees. They tend to be small, shared units. With Middle Creek on-line and a potential redevelopment of Timber Ridge it may be time to focus on other Housing solutions. The VLHA would now like to suggest pay-in-lieu as the preferred alternative for developers to meet their employee housing requirements. II. Pay-in-Lieu The VLHA recommends that Council establish pay-in-lieu as the preferred method of satisfying employee housing requirements. Based on current housing trends and . projected future demand, we believe it is time to generate revenue for a dedicated housing fund. This money could be used to maintain existing affordable units, create additional affordable housing and to address housing issues that may arise from time to time (such as Timber Ridge). The VLHA has researched the dollar amount necessary to create permanent affordable housing units per employee and has concluded that the current amount is approximately $75,000. Therefore, the recommended pay-in-lieu fee should initially be $75,000 per (employee to be housed. This is consistent with discussions that staff has had with various developers..The rate per employee should be adjusted annually based on County Assessor data. The original proposed fee is based on looking at four ways to evaluate the gap between an employee's ability to "afford" housing and the cost of the housing available. To define this affordability gap an understanding of local wages is necessary. Based on current HUD data, a household making between 80 and 100% of the Area Median Income ("AMI") earns between $40,250 and $57,500 per year. That equates to $19.00/hour and $27.00/hour. Based on formulas typically used by lenders the average purchase price for a home that someone in this wage group can afford is $158,000. The following affordability analysis looks at current free market real estate prices within Vail (taking out certain very, high-end neighborhoods) and evaluates the ability of the households making 80 to 100% of AMI to purchase an "average" unit in Vail. / The first method is based on the current price per square foot. The average per square foot cost of a unit in Vail is approximately $314.35 and the average size is approximately 976 square feet. This makes the average cost of a unit $306,805. The affordability gap is $148,805. Assuming that two people would occupy this space the gap to be filled is $74,402 ep r employee to be housed. / The second method is based on the cash subsidy required by an investor for an average rental unit in Vail to be rented at a rate affordable to local employees. Based on current sales prices and average rental rates it would cost an investor approximately $70,016 cash subsidy per employee to be housed. / 'The third method is based on the actual hard costs to construct a bedroom in Vail as part of amulti-family development. Based on Middle Creek's hard costs and construction cost estimating from other multi-family developments, it costs approximately $78,000 per~employee to be housed. / The fourth method is based on the current value of a bedroom in an existing deed- restricted, price-appreciation capped unit. Assuming one employee per bedroom, such units are currently selling for about $75,000 per employee to be housed. -. There are many benefits to a pay-in-lieu option. It will provide developers a uniform, predictable solution for housing requirements. It will create a fair and equitable option for developers and may prevent developers from creating less desirable housing units within commercial developments. The cash generated from this solution would allow the Town to react to housing needs as they arise, as well as give the Town control over the quality and type of housing that is provided. Pay-in-lieu may also provide additional incentives for redevelopment because none of the GRFA and parking would be required for employee housing units. The down side of pay-in-lieu is that the obligation to provide new housing units would now belong to the Town. This burden would be mitigated by the cash generated. The largest challenge that the Town would face in creating affordable housing is the lack of available land for development. Redevelopment (such as at Timber Ridge), deed restricting existing units (Buy Down Program), deed restricted infill units (Chamonix 2 Property) and other solutions will need to be considered. With cash the Town would be able to capitalize on solutions as they present themselves. III. On-Site and Off-Site Options The VLHA is not recommending that developers proposing to create housing on-site be prohibited from doing so. However, qualitative standards addressing the following should be adopted so that the units created on-site provide livable standards. ^ Size ^ Light and air requirements ^ Parking ^ Adequate storage ^ Consideration for creating a unit that could be sold to an employee ^ Standards for operation, maintenance, and upkeep If a developer chooses to create a deed restricted employee housing unit off-site the same criteria as above should be followed, but the size requirements should be increased on a per employee basis. Currently, the VLHA does not support off-site units being created outside of the Town of Vail. In addition to such qualitative standards there should be enforceable deed restrictions for on-site and off-site units. The deed restriction for these. units should be written so that it has an enforceable occupancy requirement which is limited to local employees. The VLHA believes that with a strict occupancy requirement in place, market forces will maintain the long term affordability of these units. IV. Going Forward The VLHA suggests that these recommendations be codified within the Town Code. Until such time, these recommendations should be formalized guidelines that would be used in the development review process. If Council adopts pay-in-lieu as the preferred option, the money should be set aside in a dedicated housing fund that would be used to address specific housing needs. t 3 ./ ORDINANCE NO. 5 Series of 2005 AN ORDINANCE AMENDING SECTION 6-3C-5C OF THE VAIL TOWN CODE, CONCERNING THE POSSESSION OF LIQUOR BY UNDERAGE PERSONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado, is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter; and WHEREAS, the members of the Town Council of the Town of Vail have been duly elected and qualified; and WHEREAS, certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession or consumption of liquor by underage persons, to be consistent with the Colorado Revised Statutes.; and WHEREAS, The Town Council finds that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 6-3C-5(C) of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s~eug#): C. Illegal Possession Or Consumption Of Liquor By Underage Persons: ls- (11 As used in this section unless the context otherwise requires ll "Establishment" means a business firm enterprise service or fraternal organization, club, institution entity group or residence and any real property. Ordinance No. 5, Series of 2005 1 including buildings and improvements connected therewith, and shall also include anv members, emplayees and occupants associated therewith. (b) °'liquors" means any substance which is or contains ethyl alcohol. (c) "Possession _of liquors" means that a person has or holds anv amount of ethyl alcohol anywhere on his person, or that a person owns or has custadv of ethyl alcohol or has ethyl alcohol within his immediate presence and control (d) "Private property" means any dwelling and its curtilage which i~ being used by a natural person oir natural persons for habitation and which is not open to the public and privately owned real property which is not open to the puiblic. "Private property" shall not include• (I) Anv establishment which has or is required to have a license pursuant to article 46 47, or 48 of title 12, C.R.S.; or (II) Anv establlishment which sells ethyl alcohol or upon which ethyl alcohol is sold• or (1111 Anv establlishment which leases, rents. or provides accommodations to members of the public generally. (2) Anv person under twenty-one nears of aae who .possesses or consumes ethyl alcohol anvwhere~ in the town of Vail commits illegal possession or consumption of liquors by an underage person. Illegal possession or consumption of liquors by an underage person its a strict liability offense. (3) It shall be an affirmative defense to the offense described in subsection (21 of this section that the ethyl alcohol was possessed or consumec by a person under twenty-one Years of ape underthe following circumstances: (a) While suchi person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private ,property and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption: or Ordinance No. 5, Series of 2005 i (b) When the existence of ethyl alcohol in a person's body was due solely to the in estion of a confectionery which contained ethyl alcohol within the limits prescribed by Section 25-5-410 (1) (i) (II). CRS • or the ingestion of any substance which was manufactured.. designed, or intended primarily for a purpose other than oral human in estion; or the ingestion of any substance which was manufactured designed or intended solely for medicinal or hygienic purposes• or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight (c) The person is a student who• (I) Tastes but does not imbibe an alcohol beverage only while under the direct supervision of an instructor who is at least twenty one years of age and employed by a post-secondary school• 111) Is enrolled in a university or apost-secondary school accredited or certified by an agency recognized by the United States department of education a nationally recognized accrediting agency or association or the "Private Occupational Education Act of 1981" article 59 of title 12. C.R.S 1111) Is participating in a culinary arts food service or restaurant management degree program: and 11~V Tastes but does not imbibe the alcohol beverage for instructional purposes as a part of a required course in which the alcohol beverage except the portion the student tastes. remains under the control of the instructor I4)-The possession or consumption of ethyl alcohoF shalF not constitute a violation of this section if such possession or consumption takes place for religious purposes rotected by the first amendment to the United States Constitution LS~Prima facie evidence of a violation of subsection (21 of this section shall consist of: LaL Evidence that the defendant was under the age of twenty one years and ossessed or consumed ethyl alcohol anywhere in the town of Vail or Ordinance No. 5, Series of 2005 3 (bl Evidence that the defendant was under the age of twenty-one years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or innpairment while present anywhere in the town of Vail. (6) During any trial for a violation of subsection (2) of this section, anv bottle, can, or anv other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence. and the information contained on anv label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A iurv or a fudge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can, or other container were composed in whole or in part of ethyl alcohol. A label 'which identities the contents of any bottle, can, or other container as "beer", "ale", "malt beverage, "fermented malt beverage", "malt liquor", "wine", "champagne" "whiskey" or "whisky'°. "gin", "vodka" "tequila", "schnapps", "brandy", "cognac"', "liqueur", "cordial", "alcohol", or "liquor" shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol. (7) The qualitative result of an alcohol test or tests shhall be admissible at the trial of any person chargied with a violation of subsection (21 of this section upon a showing that the device or devlices used to conduct such test or tests have been approved as accurate in detecting alcohol by the executive director of the department of public health and environment. Section 2. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished In accordance with the_General Penalty provision-of the Vail-Town Code, Section 1-4 1, which provides for a fine not exceeding nine hundred ninety-nine dollars ($999.00) or incarceration not exceeding one hundred eighty (180) days, or by both such fine and incarceration. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason herd to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed -this ordinance, and eaclh 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 Ordinance No. 5, Series of 2005 4 i 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. This ordinance shall be effective five (5) days after publication following final passage. Section 6. 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1551 day of March, 2005 and a public hearing for second reading of this Ordinance set for the 5th day of April, 2005, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. - _ - -- ---_ - _ ._ - - Rodney E.-Slifer,- Mayor_ _ _ ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series of 2005 5 ORDINANCE NO. 8 Series of 2005 AN ORDINANCE FOR THE CONVEYANCE TO THE VAIL CORPORATION, DB/A VAIL ASSOCIATES, INC., OF CERTAIN PORTIONS OF TRACT C, VAIL/LIONSHEAD FIRST FILING, AND TRACT C, VAIL/LIONSHEAD THIRD FILING, WHICH ARE OWNED BY THE TOWN OF VAIL, AND FOR THE VACATION AND TERMINATION OF CERTAIN EXISTING PUBLIC UTILITY AND DRAINAGE EASEMENTS WITHIN VAIL/LIONSHEAD, FIRST AND THIRD FILINGS, ALL IN CONNECTION WITH THE DEVELOPMENT OF THE LIONSHEAD "CORE" SITE, A/K/A ARRABELLE AT LION SQUARE. WHEREAS, the Town of Vail (the "Town"), Vail Reinvestment Authority, and The Vail Corporation, d/b/a Vail Associates, Inc. ("Vail Associates") are parties to that certain Core Site Development Agreement dated as of November 8, 2004 (the "Development Agreement"); initially capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Development Agreement; and WHEREAS, acting through the Town's applicable departments and agencies, including the Town Council, the Director of Community Development, and the Director of Public Works, and in furtherance of the execution of the terms under the Development Agreement, including the Town's obligations, the Town has determined to convey to Vail Associates those portions of Tract C, VaiULionshead First Filing, according to the recorded plat thereof ("First Filing"), and Tract C, VaiULionshead Third Filing, according to the recorded plat thereof ("Third Filing"), that are owned by the Town, and that, pursuant to development designs and plans approved by the Town (acting through its Planning and Environmental Commission), fall within the building envelope and improvements azeas for the pending development project being undertaken by Vail Associates, generally referred to as the "Core" project and also as "Arrabelle at Lion Square," and governed by the Development Agreement (the "Core Project"); this conveyance shall be effectuated by granting to Vail Associates the interests of the Town in and to such building envelope and improvements areas, which are to be platted as and constituted by Lot 1, Lionshead Sixth Filing ("Sixth Filing"), according to the plat thereof as ultimately approved and adopted_by the. Town.(said-Lot 1 being r-eferred to herein as the "Core Site"); and- WHEREAS, again in furtherance of the undertaking of the Core Project and the execution of the Development Agreement, the Town has determined to terminate certain pre- existing utility and drainage easements within certain portions of First Filing and Third Filing, which easements are being replaced and/or reconfigured in connection with the Core Project; and WHEREAS, the Town of Vail gave and published proper and timely notice of the date and time of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Ordinance No. 8, Series of 2005 Section 1. The Town shall convey to Vail Associates all of the Town's right, title and interest in and to the Core Site, as held by the Town as of the making of the Development Agreement and presently, and hereby authorizes the Town Manager, in consultation with the Town Attorney, to execute a quitclaim deed (the "Town Core Site Deed") and such other documents and instruments as the Town Manager may consider to be necessary or appropriate for purposes of completing that conveyance; provided, however, that the completion of the conveyance shall be subject to the following terms: (a) The conveyance is and shall be conditioned upon, and completed as part of and contemporaneously with, the completion of the Closing under the terms of the Development Agreement. (b) The Town Core Site Deed will expressly reserve to the Town the Town's interests under the Termination Easements (defined below) that fall within the Core Site, subject expressly to the termination of the reservation upon the satisfaction of the Terrination Conditions (again as defined belov~r). The Towri Core Site Deed will be recorded following the recordation of the Sixth Filing Plat, and the Town will join in the Sixth Filing Plat in its proprietary capacity as an owner. In addition, if any portions of the: property conveyed under the Town Core Site Deed are located within the Lionshead Mall access way, those portions sha:tl be included within the courtyard access public easements to be granted under paragraph 10 c-f the Development Agreement for purposes . of permitting pedestrian and, if applicable, emergency vehicle access over the surface of such portions. Section 2. The Town hereby vacates, abandons, relinquishes, releases and terminates (tl~ie "Termination") certain utility and drainage easements in accordance with and subject Ito the following provisions: (a) The easements that are the subject of the Termination are identified as follows: all _ __ _ _ _ _ _ _ __ utility and drainage _easements within Tract C, First Filing, and_ Tract_C, Third Filing; within Lot 4, Block 1, First Filing; and within Tracts G and H, Third Filing, all of which easements were originally dedicated and granted to the Town on Fiirst Filing or Third Filing, as; applicable (the "Termination Easements"). All utility and drainage easements set forth within the platted properties on Sixth Filing will constitute Termination Easements (except for any utility easements expressly in favor of any utility supplier other than the Town). (b) The 'Termination of the Termination Easements will be subject to the following condiitions and requirements: (i) The Termination will not become effective prior to the completion of the Closing under the Development Agreement. Ordinance No. 8, Series of ;?005 2 (ii) As a condition to the effectiveness of the Termination, replacement easements must be established in favor of the Town, by grant to the Town pursuant to the terms of the Sixth Filing Plat and/or pursuant to other record dedications, to accommodate the pertinent utility and drainage facilities as they are to be configured or reconfigured in connection with the Core Project (the "Replacement Easements"). Replacement Easements to be located within Town-owned properties will be granted by the Town, subject to the applicable terms of the Development Agreement. (iii) As a further condition to the effectiveness of the Termination, the existing utility and drainage facilities within the Termination Easements must be relocated andlor reconfigured within the Replacement Easements in accordance with the ordinary installation requirements of the Town or pertinent utility supplier, as applicable. The foregoing conditions and requirements set forth in subparagraphs (i), (ii) and (iii) above are sometimes referred to hereinafter collectively as the "Termination Conditions." (c) The Town Manager, in consultation with the Director of Public Works and the Town Attorney, is hereby authorized to execute and record an acknowledgment of the satisfaction of the Termination Conditions when the Town Manager determines that the Termination Conditions have been satisfied, which recorded acknowledgment shall attach a copy of this Ordinance; the execution and recordation of such acknowledgment shall be conclusive that the Termination Conditions have been satisfied, and thereupon the Termination will be fully effective, such that the Termination Easements are of no further force or effect. (d) The termination of the Termination Easements pursuant to the provisions of this Ordinance shall be referenced on the face of the Sixth Filing Plat. (e) Upon the satisfaction of the Termination Conditions, the Town Manager, in consultation with the Town Attorney and in addition to executing and recording the acknowledgment of the satisfaction of the Termination Conditions, shall - - - -execute- such further quitclaim. deeds and other documents- and instruments as Vail Associates may reasonably request to confirm and evidence the Termination of the Termination Easements. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Ordinance No. 8, Series of 2005 Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the heall:h, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or pa~•t thereof, theretofore repealed. INTRODUCED, READ ON FDZST READINcJ, APPROVED, AND ORDERED PUBLISHED ONCE 1N FULL, this 15th day of March, 2005. A public hearing on this ordinance shall be held at the regular meeting of the 'I'ovvn Council o:P the Tovvn of Vail, Colorado, on the 5th day of April, 2005, in the 1Vlunicipal Building of the Tawn. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson., Town Clerk Ordinance No. 8, Series of 2005 4 .,,;; ,~ {. WILDERNESS W O R K S H O P PO Box 1442, CARBONDALE, CO 81623 sloanCa~wildernessworkshop org• 970.963.3977 March 9, 2005 To: Elected Officials and Citizens of the Town of Vail From: Sloan Shoemaker I am contacting you regarding an initiative to construct a vegetated wildlife overpass across I-70 on West Vail Pass. I am framing this as a pilot project to demonstrate the effectiveness of these structures for allowing safe passage of wildlife from one side of the interstate to the other. This not only ensures their survival, but equally ensures the safety of the motoring public. This pilot structure will have tremendous visibility on this heavily traveled route, giving the public an opportunityto experience its safety, visual appeal, and utility, thereby building support for the larger initiative to install wildlife structures at all the critical wildlife crossings across the state. Why now? Congressman Udall's office has taken a keen interest in this pilot project - so keen in fact that we are submitting a federal appropriation request for the 2006 budget through his office. This appropriations request will have a much higher likelihood of success if it is accompanied by a demonstration of broad support from all concerned parties. And that is why I am contacting you today. Because Congressman Udall is interested in seeking funding for the West Vail Pass vegetated overpass, my organization has been contacting some key players over the past month to gauge interest in such a project. As the executive director of the Wilderness Workshop, a grassroots, non-profit, conservation organization based in Carbondale dedicated to protecting and restoring the ecological integrity of the White River National Forest, I found this project to be precisely in line with our mission. As such, I have been doing some outreach to representatives of the Town of Vail, Eagle County, US Forest Service/White River, Colorado Division of Wildlife, US fish and Wildlife Service, Colorado Dept of Transportation, and State Representative Gary Lindstrom. All have expressed interest in and/or some initial support for the project. We are also working with both Senator Salazar's and Allard's offices to submit an appropriation request. As previously mentioned, the goal of the federal appropriations request is to raise funds for a vegetated wildlife overpass at West Vail Pass, between mile markers 187-188, as a pilot project for the state of Colorado. CDOT's ALIVE program has identified this location as a high priority wildlife linkage/interference zone. CDOT has also identified 12 additional important wildlife interference zones along I-70 and is working throughout state of Colorado to prioritize additional wildlife linkages. I applaud these efforts. It is my intention that a successful pilot project at the high profile West Vail Pass location would lay the ground work for a successful deployment of similar crossings throughout the state. It is my hope that raising funds for this wildlife crossing pilot project in advance of CDOT's I-70 project completion will facilitate fund raising for other wildlife crossings on I-70 and throughout the state of Colorado. I assure you that this project is meant to facilitate CDC>T's good work on wildlife crossings, not override it. I realize that CDOT already has a mechanism and process underway through the I-70 PEIS and the ALIVE Program that includes this particular project and that is well and good. But, given the deaths of two reintroduced lynx that have already occurred at this site and the Congressman's keen interest at this moment in time, we feel that it is time to strike while the iron is hot. The I-70 PEIS process and the ALNE Program will no doubt produce commendable results for wildlife, but those are long term processes years from actual on-the-ground implementation. Ifeel strongly that a discrete pilot project like this proposed for West Vail Pass will quickly demonstrate the effectiveness of these wildlife structures and accelerate public acceptance of this approach -~ ultimately benefiting both the PEIS and the ALIVE Program. . Through this appropriation process, we are hoping to acquire funds for wildlife crossings from a unique, unanticipated source, adding to the overall dollars that CDOT has for construction/ mitigation in Colorado. A pilot project of this nature at the same time that the PEIS on I-70 is out; will also raise positive media and attention for CDOT and its commitment to wildlife crossings, which will be invaluable. If the project is approved, I would like to work with all of you on positive media outreach and communication to the public. The federal appropriation request from Udall can move forward without additional support, but, again, your demonstration of support will increase its likelihood of success. Since we'll be submitting an appropriations request in any event, I am hard pressed to see why all concerned parties wouldn't wc;lcome this opportunity to acquire significant federal funds. 'This is a great opportunity for Colorado and by having interagency cooperation and support, as well as support of local citizens and the Town of Vail, such a pilot project could have far-reaching implications for successfully constructing wildlife crossings throughout the state. The appropriation request deadlines are this month, so interaction on this project as soon as you are able is encouraged. IVIy hope is that each of you can see the benefits that can come of such a project and the unique opportunity we are presented with right r.~ow. I hope this letter helps to inform all of you of my intent, and I encourage you to respond with your questions and input. Don't hesit_a_te to call me at my office (970) 963-3977, or email me at slo an@wildernessworkshop. org. Best regards, Sloan Shoemaker Executive Director Wilderness Workshop VEGETATED OVERPASS AT WEST VAIL PASS BACKGROUND INFORMATION HABITAT FRAGMENTATION AND ANIMAL-VEHICLE COLLISIONS IN COLORADO The Southern Rockies stretch from southern Wyoming through Colorado to northern New Mexico and contain a wealth of biological diversity, with over S00 vertebrate species, thousands of ;f natural plant communities, and rugged wildlands. Mountain lions still roam the region's majestic mountain country, native cutthroat °, ~.~, _, trout can be found in the purest mountain streams, and grand old _ stands of ponderosa pine can still be found in the most remote . 1 foothills. However, these biological treasures are threatened by ,,~~r human population growth, land use issues, and road widening and development. Of these threats, habitat fragmentation is one of the most devastating to wildlife. Highways, roads, and backcountry routes fragment wildlife habitat. This fragmentation then severs historic wildlife migration routes and isolates wide-ranging species such as wolf, mountain lion, lynx, pronghorn, and bighorn sheep. And, an increasing number of cars on our roadways are making our transportation corridors more and more hazardous for both people and wildlife. The Humane Society of the U.S. and the Urban Wildlife Research Center state that at least one million animals are killed each day on U.S. highways. Animal-vehicle collisions (AVCs) cause r '~ - - -, -- - approximately 29,000 human injuries, 211 fatalities, and are ~~~~ ;_' Y,~ti estimated to cause over $1 billion in property damage annuall in th ' `¢ U.S. Y e °~ In Colorado, animal-caused crashes, which include wildlife and" ~--~~~ -~~ domestic animals, were cited as the number three real ~'~~ ~ on for road ~~; ~ accidents in 2001, behind inattentive driving, and excessive speeds, „ -- ~ ~ . ~'~~ ~~ according to the Colorado State Patrol. Between 1993 and 2003: ' ~"; ~ ~ 24 678 ani ~ ~~, mal-vehicle collisions occurred with an I , average estimated cost of $2,000 per incident. "~ h~~ _' ' ' ~ 23 people were killed; " ' 22,388 experienced property dama e' ~ " 2,266 sustained injuries.. g ~, ,r. " These estimates are likely quite low as these collisions are highly ~" -,,~ . underreported. -- "~ ~`~" `~ To address these issues and raise awareness in the media, a .~ ' ' " ~ high profile and well received wildlife education and outreach - campaign was launched in November of 2004 with the release of driver safety tip sheets and a safety poster (see image to left). This campaign is an unprecedented partnership between CDOT, Colorado State Patrol, the Rocky Mountain Insurance Information Association, Enterprise Rent-A-Car and the Southern Rockies Ecosystem Project. To date, over 30,000 tip sheets and S00 posters have been distributed throughout the state of Colorado. The success and interest in this campaign reiterates the timeliness and importance of this issue. ,4 PROPOSED VEGETATED OVERPASS AT WEST VAIL PASS One of the most severe barriers to wildlife in the state of Colorado, and in the Southern Rockies, is I-70. Over the past five years, two lynx and a wolf, threatened and endangered species, have been killed on I-70. The lynx were killed west of Vail Pass approximately where the proposed wildlife overpass would be located. The importance of this area is supported by its presence in the recently released PEIS for I-70. In this PEIS, West Vail Pass has been identified by CDOT as a high priority "linkage interference zone". Please see http/ www.jfsat~~,com/170PEIS Public Webready/Resource Mates/3.02 Biological Resources Map- 14.pdffor a CDOI'map ofthe area. Below is an additional map displaying the location and surrounding area of the proposed vegetated overpass: r ~ INTERSTATE 70 FROM THE ~' rY ;l ~~'~ ~:?' :« CITY OF VAUL TO VAIL PASS ~~ J Logend - - ..-.. 4~~ . f{g1My// ti ,r,~. Irk rxrc., -~ ~ .~«~.,~ ~a~a wmenmp Duman 8W 'XitCAaCO ~F~~ wr ~srs 1, , rt~ ~~ ,'~~(`1 r i ,, - ~ , ,~~ ~ Q __ _ ~ ~ ~_ Vegetated wildlife overpasses used in conjunction with wildlife fencing are known to be effective wildlife crossing mitigation measures. A study conducted by Dr. Tony Clevenger in Banff National Park showed that wildlife crossings in conjunction with fencing decreased animal-vehicle collisions by 83%! A wildlife overpass at approximately milepost 188 would create an opportunity for safe passage for wildlife crossing I-70. Feasible engineering considerations, protected Forest Service land on both sides. of west Vail. PGiss, and a natural wildlife corridor make a vegetated overpass at I-70 a worthy pilot project for the state of Colorado. An overpass at this location would also serve as ahigh-profile project to raise awareness and interest in wildlife crossings and show Colorado's dedication to 'the safety of its residents and visitors as well as its wildlife, that so many of those people come to see. COST ESTIMATE Four million dollars will be requested for the construction of the overpass complete with vegetation, wildlife fencing and other related processes associated with building the structure, e.g. NEPA, signs, recreational management, etc. Separate requests are being submitted to Congressman Udall"s office, Senator Salazar's office, and Senator Allard's office. The Wilderness Workshop is also working with Representative Gary Lindstrom, the Town of Vail, the USDA Forest Service, the DNR, Fish and Wildlife Service, Rocky Mountain Information Insurance Association, and Eagle County. 2 (,US 3~r5~ bS t~,~-~ 11J -~ - . < , . .~,,.. . ~ a: ~... ~ ~. .~ _ v~ ,..~~ Y =~ ~ •Y a i. I. ~~ .,,~ _ r '~ `~ s6Ty •x j; ~~; r ~ . , _ ,.. ,~ ~~ ~ ~- ~. • aw k`: l,_ ~ y ~ .~ ~_ , ~:eti4~ '~ ~~`-