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2006-01-17 Support Documentation Town Council Evening Session
SOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JANUARY 17, 2006 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 Participation. (10 min.) 2. ITEM/TOPIC: Update from County Commissioner Arn Menconi. (Smoking ban in public places/ Experts will be available to answer Council questions). (20 min.) 3. Warren Campbell ITEMlTOPIC: An appeal of the Town of Vail Design Review Board's denial of a design review application, pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On November 2, 2005, the Design Review Board denied a request for a change to approved plans pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road. The appellants, Donald and Ronne Hess, owners of 1220 Ptarmigan Road, have appealed the Design Review Board's denial. Please refer to the staff memorandum dated January 17, 2006, for additional information. On January 3, 2006, the Town Council tabled the Hess Residence appeal to January 17, 2006. STAFF, RECOMMENDATION: Staff. recommends that the Town Council overturn with modifications the Design Review Board denial of the Hess Residence design review application and accept the modified design submitted by the appellant. 4. Russ Forrest ITEM/TOPIC: Community Plan. Staff has met with Kent Logan and Mark Gordon (council representatives) to develop the scope of work and schedule outlines in this memorandum. Staff and the Council- representatives believe two resources are- needed: a highly qualified facilitator and a resource to assist with the graphics and writing the Community Plan. An RFP can be issued rapidly for these services. However, staff and the council representatives believe we can rapidly solicit several proposals and interview several high quality facilitators and find a resource to assist with the actual written plan. (20 min.) ACTION. REQUESTED OF COUNCIL: Approve or modify the recommended ~ process°. for- moving forward with the Vail Community Plan. 5. Greg Hall ITEM/TOPIC: Discussion of First reading of Ordinance No. 1, Matt Mire Series of 2006 - an~ Ordinance vacating a certain part of the system of Public Ways of the Town of Vail, Colorado, i.e., a parcel of land located within chute road right-of-way, Lot P-3, Vail Village Fifth Filing, Town of Vail, County of Eagle, State of Colorado as recorded March 17, 2004, at Reception Number 871.030 at the Eagle County Cferk and Recorder, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL Approve, approve with modifications or deny on first reading of Ordinance No. 1, Series of 2006. BACKGROUND RATIONALE: The Town of Vail received this portion of right of way with the creation of the founders garage plat from Vail Resorts. The western portion was then to be deeded to the Mill Creek condominium association. The streetscape design for the Mill creek Court property has been completed and the cost sharing agreement is completed. It is now known how much of the western portion of the property can be vacated. STAFF RECOMMENDATION: Approve on first reading Ordinance No. 1, Series of 2006. 6. George Ruther ITENUTOPIC: First reading of Ordinance No. 2, Series of 2006, an ordinance amending Chapter 4, Districts Established, Section 12- 4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation. - 2 (PA-2) district, and setting forth details in regard thereto. (10 ruin.) .. ACTION... REQUESTED, OF COUNCIL: Approve, approve with modifications, or deny Ordinance No: 2,, Series of 2006 on: first . .reading:,,; - - ,. BACKGROUND RATIONALE:. On: January 9, 2006; the Town of Vail PEC voted ~ 6-0-0 (Gunion absent) ' to forward a recommendation of approval for a proposed text amendment to the Vail Town Code. A copy of the staff-memorandum--to the PEC, dated January 9; 2006, has been attached for reference. STAFF RECOMMENDATION: .The Community Development Department recommends that the Vail Town Council approves Ordinance No. 2, Series of 2006, on first reading. 7. George Ruther ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2006, an ordinance amending the official zoning map for the Town of Vail in accordance- with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lots 9-12, Buffher Creek Resubdivision, from Public Accommodation (PA) district to Public Accommodation-2 (PA-2) district; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 3, Series of 2006 on first reading. BACKGROUND RATIONALE: On January 9, 2006, the Town of Vail Planning and Environmental Commission held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail.Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 3, Series of 2006, on first reading. 8. ITEM/TOPIC: Town Manager's Report. (10 min.) • TOV Web Site "Hits" BACKGROUND: During the Jan. 3 Vail Town Council meeting, a discussion took place regarding Resolution No. 1, Designating a Public Place for Posting Notices of Public Meetings, in which a question was raised regarding the adequacy of distribution. In addition to the legal posting requirement in the Vail Municipal Building, town council agendas are: • Published on Mondays. in the Vail Daily in the "Weekly News" ad, ® Emailed to 112 "Vail-Mail'' subscribers, and . Posted to the Town of Vail web site. Council members. also inquired about use of the town's web site as an overall information outlet, which is described below. OVERVIEW OF TOWN WEB SITE USAGE: The goal of www.vailgov.com is to provide an up-to-date and user-friendly source for Vail's constituents to access -town information. The Vail Town Council section of the web site is accessible via the home page, and contains links to agendas, minutes and highlights, as well as council member biographies and contact information. In 2005, 2,741 visitors accessed the Town Council main page. Of those, 1,649 went on to access the "Highlights and Agendas" page. • Tuesday, July 4, 2006, is a regular Council public meeting - discuss options (no meeting; special meeting-is set-for select types of business, etc.). . 9. ITEM/TOPIC: Adjournment. (7:50 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 FEBRUARY 7, 2006, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. v INTERGOVERNMENTAL MUTUAL AID ASSISTANCE AGREEMENT THIS AGREEMENT, for fire and emergency mutual aid response, ("the Agreement"), is made effective this day of , 2006, by and between the Copper Mountain Consolidated Metropolitan District, a Colorado special district (the °District"), and the Town of Vail, a Colorado municipal corporation (the "Town"), collectively referred to herein as the "Parties". WHEREAS, this Agreement is made for the purpose of securing the benefits of mutual aid for the protection of life and property from any fire related incident whose mutual aid would be beneficial; and _ ~ , . , WHEREAS, it is recognized by the Parties to this Agreement that the public health, safety and welfare of the inhabitants of their respective jurisdictions would be best served by providing the highest quality of back-up or adjunct services possible, should the need arise; and WHEREAS, the Parties hereto wish to have the ability of securing the assistance of the other in the event of an incident that renders itself incapable of being controlled by a single Party; and WHEREAS, the Parties will, in good faith, make an attempt to assist the other based on their.needs and specific requests pursuant to the terms herein; and WHEREAS, such Intergovernmental Mutual Aid Agreements are authorized and provided for by the provisions of C.R.S. 29-5-101, et seq., and C.R.S. 29-1-201, et seq., respectively. WITNESSETH NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto agree as follows: I. DEFINITIONS 'For the purposes of clarity, the following definitions are hereby established for use in this Agreement. A. Assisting Fire Department: the Fire Department responding to a request for aid from a Party to this Agreement. B. An Incident: may include, but shall not be limited to: structure fires, wildland fires, vehicle fires, motor vehicle crashes, medical emergencies, hazardous materials incidents, or any other type of incident that may require emergency service personnel to prevent or minimize potential loss of life or damage to property or resources. C. Fire Department: the organization within a jurisdiction providing fire suppression, fire protection, and life safety services. • D. Contractual Response Area: for the Town will extend along the Interstate 70 corridor from the Town of Vail jurisdictional boundary east to Milepost 195 at Wheeler Junction Exit of I-70; for the District will extend west along the Interstate 70 corridor to Milepost 187 WB to the emergency vehicle turn-around. E. Jurisdiction: the legally established boundaries of the Parties. F. Party: shall be the governmental entities who agree to the conditions of this Agreement and become a signatory thereto, G. Requesting Fire Department: the Fire Department requesting aid under the terms and conditions of this Agreement. II. SCOPE OF SERVICES The Parties agree that in the event there are Incidents in the Response Area served by either Party which are beyond its control, that the other Party to this Agreement, subject to the conditions hereinafter set forth, shall aid and assist the Requesting Fire Department by causing and permitting their firefighters and equipment to be used in combating emergency situations within the Contractual Response Area. The need for such aid and assistance shall be determined by the Requesting Fire Department, subject, however, to the following conditions: A. Either Party shall be excused from making its equipment or firefighters available to the Requesting Fire Department in the event of the need for the firefighters or equipment within the requested Party's Response Area or if they are otherwise committed as determined in the sole discretion of the requested Party. No Party shall be liable to another Party for failure to respond to Incidents due to limited manpower or equipment, or failure to maintain equipment in proper working order. B. This Agreement shall not be construed to be an Agreement for the' benefit of anyone not a Party hereto. Nor shall this Agreement be construed to require either Party to provide any type of mutual aid assistance outside of its own jurisdiction absent an express request for mutual aid from the other Party hereto. C. It is the intent of this Agreement to make available between the Parties additional resources for response to Incidents of a complex or unusual nature, Incidents which infrequently occur in areas which may be initially attacked more efficiently by a Party other than the Party within whose Jurisdiction the Incident occurs, and Incidents occurring when a Requesting Fire Department is responding to multiple Incidents or otherwise temporarily limited in its available resources. No Party shall rely on the secondary resources to be made available under this Agreement to supply their primary level of service to meet ordinary types and frequencies of Incidents occurring within their Jurisdiction. 2 f III. INSURANCE AND INDEMNIFICATION A. It is mutually agreed by and between the Parties that personal injury to firefighters shall be covered as set forth in C.R.S. 29-5-108 through 29-5-109, as amended. B. Any liability accruing under the provisions of Article 10, Title 24, C.R.S., on account of the negligent or tortious act of an Assisting Fire Department firefighter, shall be imposed upon the Requesting Fire Department and not the Assisting Fire Department. The Requesting Party shall be responsible for the non-negligent or non-tortious acts of the firefighters of an Assisting Fire Department only if performed at the scene of the emergency situation and performed at the specific direction of the Fire Chief of the Requesting. Fire Department or the Incident Commander:. ..__ . . _ -. C. Each Party hereto shall maintain adequate insurance on their Fire Department apparatus and equipment and be fully responsible for damage to their own equipment, except as provided in paragraph 3D. Each Party hereto will also maintain Liability Insurance with a limit of at least $1,000,000 each occurrence for bodily injury and property damage to cover General Liability, Auto Liability, and Public Officials Liability, including Errors and Omissions, however, such coverages shall not be deemed to waive the defenses and limitations provided under the Colorado Governmental Immunity Act found at Article 10, Title 29, C.R.S. The insurance company shall be properly licensed to do business in the State of Colorado. In addition to the usual insurance provisions, the policy, and/or policies, shall provide that they may not be canceled or altered without giving the entity at least thirty (30) days prior written notice, and the entity agrees to give notice to the other Party to this Agreement of any policy or coverage that would be canceled. (1) Each piece of the ire apparatus of each Party hereto shall be rated according to its certified capacity or annual tested capacity if said capacity is less than its certified capacity. This information will be provided to each Party to this Agreement. D. In the event of equipment damage or loss by reason of action at a mutual aid Incident, the liability fore any uninsured loss shall be the responsibility of the Requesting Fire Department. If the Requesting Fire Department feels that the damage or loss of equipment is due to negligence of the Assisting Fire Department, a mutually agreed-upon third person will be used to determine responsibility for replacement or repair costs IV. INCIDENT COMMAND The firefighters of the Assisting Fire Department will work under their own officers, as the circumstances may allow, and the equipment furnished will be operated by the firefighters of the Fire Department furnishing the equipment, unless specifically released by the appropriate officer. The overall command of the forces engaged in controlling a particular Incident shall be retained by the Incident Commander of the 3 Requesting Fire Department. V. PLAN OF ACTION The amount and type of assistance to be dispatched, methods of dispatching and communications, methods of requesting aid, Response Areas and the names and ranks of persons authorized to send and receive such requests, together with lists of equipment and the minimum number of personnel which will be utilized pursuant to the agreement shall be developed by the Chiefs of the Fire Departments. Such details shall be recorded in a Plan, which shall be updated on an annual basis and signed by the Chiefs of the Fire Departments. Copies of the current Plan shall be .. :. ._, ,, ,, _retamed by each.of the Fire:Departments::and ,each Fire:Depatmenf~shall ensure°alh of its officers, firefighters and governing bodies are knowledgeable of its conditions. Copies shall also be furnished to appropriate County agencies. VI. LIMITATIONS No Party tot his Agreement shall be required to make resources, equipment or personnel, or other form of assistance available or render any service to the Requesting Party when, by doing so, would impair the Party's ability to provide effective emergency services within its own jurisdiction. The Party requested to provide aid shall determine, in its sole discretion, what resources, services or personnel, if any, can be reasonably provided. VII. MISCELLANEOUS hen an Fire De artment res onds to an Incident re orted to be in its Res onse Area and finds;. subsequently;that the Inciden# is within the Res onse Area or Junsdiction of another Fire Department, it shall take a p ppropriate action and, by any available expedient means, immediately notify the Fire Department in whose Jurisdiction the Incident occurs. Until relieved by the appropriate officer from the Fire Department in the Jurisdiction in which the Incident occurs, the responding Fire Department shall, for the purposes of this Agreement only, be deemed to be an Assisting Fire Department. . VIII. CHARGES FOR SERVICES All services and assistance provided by one Party to another under this Agreement shall be provided at no cost for use of equipment of personnel unless there are avenues for reimbursement from any source. This Agreement shall not be construed so as to.impair any party's ability to obtain compensation or reimbursement pursuant to any other agreement with anon-party or any County, State,. or Federal assistance program or agreements or as provided under Section 30-10-513, C.R.S. 4 IX. ENTIRE AGREEMENT This is the entire agreement of the parties, and any amendments to this Agreement shall be reduced to writing and approved by the Parties before becoming effective. X. TERM AND TERMINATION The initial term of this Agreement shall commence on the execution of this Agreement by the parties hereto and shall end on December 31, 2005. This Agreement shall automatically be renewed for successive one (1) year terms, beginning. January. 1.;:.2006. ,:. Either, Party__ may. terminate its participation in this Agreement without cause upon thirty (30) days written notice directed to the governing body of each Party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written. TOWN OF VAIL, a Colorado Municipal corporation COPPER MOUNTAIN CONSOLIDATED METROPOLITAN DISTRICT, a Colorado special district By: Rodney E. Slifer, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk By: ATTEST: By: 5 ORDINANCE N0.3 Series of 2006 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOTS 9-12, BUFFHER CREEK RESUBDIVISION FROM PUBLIC ACCOMMODATION (PA) DISTRICT TO PUBLIC ACCOMMODATION-2 (PA-2) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on January 9, 2006, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with .the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendmentto the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals,. and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. :~; r ORDINANCE NO. 3, SERIES OF 2006 NOV1~, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Lots 9-12, Buffher Creek Resubdivision shall be rezoned from Public Accommodation (PA) district to Public Accommodation-2 (PA-2) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor .any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ORDINANCE N0. 3, SERIES OF 2006 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent hereJ~rith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of January, 2006, and a public hearing for second reading of this Ordinance set for the 7th day of February, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor Attest: I Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of February, 2006. ,; Rodney Slifer, Mayor r Attest: A Lorelei Donaldson, Town Clerk ORDINANCE N0.3, SERIES OF 2006 ' Susan Aldrettl 2040 Julian Way; Denver, CO 80211 303-458-0117 paldretti@comcast.net Experience, Jefferson County Assn. of REALTORS, Lakewood, Colorado . ~ January, 1984 to present Derector of Public Policy and Communications ^ Direct comprehensive government and political affairs program fora 2200 member trade association. ^ Develop and implement multi-faceted strategies to promote Association's interests on issues before elected officials, and regulatory bodies. ^ Identify, research and analyze local and state government policies, issues and legislation affecting the association or its members. ^ Advise Association board of directors on state and local policy and political issues that impact the organization or its members. ^ Develop and implement campaign strategies related to local issues. ^ Develop and coordinate fundraising campaign for political action fund that raises over $25,000 annually. ^ Develop and implement internal communications plan which includes production of a bi-weekly email publication and 12-page monthly newspaper. Anderson & Associates, Denver, Colorado January 1994 through December 1996 Associate ^ Promoted the interests of a variety of clients on matters before the Colorado legislature as an associate in a six- member lobbying and government affairs firm. ^ Worked with administrative agencies and elected officials to achieve clients' public policy goals. ^ Performed legal research and analysis on legislation and administrative actions. Krassa, Lindholm Kumli & Madsen, Boulder, Colorado January 1991 through June 1991; June 1992 through December 1992 Law Clerk ^ .Performed legal research ^ Prepared documents for trial. Student Law Office, University of Denver College of Law, Denver, Colorado January 1993 through December 1993 Student Attorney ^ Represented indigent clients in civil matters before District Court. Education University of Denver College of Law, Denver, Colorado ^ Juris Doctorate ^ Class rank 19/109 ^ Recipient of the Mary Hoagland Scholarship ^ Admitted to Colorado Bar, 1993 Colorado State University, Fort Collins, Colorado ^ Bachelor of Arts, Political Science ^ Vice Chairman, Political Science Honorary Society ~~ ~,~ i F-,~; F.~ n -* r ~=.^ >~~~~~~~ ~'~Ik ''3 ~",.. '~ _ ~ ~t ~ .{;; ~F~~,J . ..~ I + ~ J {~".~ r ~~IY r ` ~ ti Y~ _.. ~ +~_, r~i ~~ ~. 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Use of This map should be (or general purposes only. 1 " - 10 0' The Town of Vail does rol warrant the acwracy of the information contained herein. -- - (parcel tine work is approximate) MEMORANDUM TO: Planning and Environmental Commission FROM:. Community Development Department DATE: January 9, 2006 SUBJECT: A request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lots 9-12, Buffehr Creek Resubdivision, Roost Lodge, from Public Accommodation (PA) district to Public Accommodation -2 (PA-2) district, located at 1783 North Frontage Road, Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. Applicant: Timberline Roost Lodge L.L.C. Planner: George Ruther I. SUMMARY The applicant, Timberline Roost Lodge, L.L.C., has submitted a development review application to the Community Development Department to allow for the rezoning of Lots 9-12, Buffher Creek Resubdivision, from Public Accommodation (PA) District to Public Acommodation-2 (PA-2) District: The applicant has submitted the application in anticipation of the redevelopment of the Roost Lodge. Staff is recommending that the Planning & Environmental Commission forwards a recommendation of approval of the applicant's development review application. IL ~ DESCRIPTION OF REQUEST The applicant, Timberline Roost Lodge L.L.C., has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby Lots 9 -12 Buffher Creek Resubdivision are rezoned to Public Accommodation - 2 zone district. According to the applicant, the rezoning is intended to facilitate the redevelopment of the Roost Lodge. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A) III. BACKGROUND A review of the Town's files and records clearly identifies the intent of the existing regulations regarding accommodation units and the prohibition against allowing accommodation units to contain "kitchen facilities". The files show that the legislative intent behind the current regulation is to: 1) discourage long-term ,~ occupancy of what are intended to be short-term rental units; 2) prevent the likelihood of the sale of accommodation units as dwelling units; 3) encourage visitors and guests to frequent the many eating and drinking establishments in the town during. their stay in Vail; and 4) ensure compatibility amongst surrounding land uses. A further review of the Town's files shows that the existing language pertaining to definitions of accommodation units, dwelling units, kitchen facilities and kitchenettes has remained unchanged since their adoption in 1973. The only recent and notable amendment to the regulation of accommodation units came in the late 1990's when the development standards for density were amended and accommodation units were no longer counted towards density. Finally, a review of the other resort communities' regulations pertaining to kitchen facilities within hotel rooms reveals a wide range of approaches. For example, the City of Aspen Land Development Regulations, by definition,.permits kitchens within individual hotel rooms in a hotel or lodge while the Town of Breckenridge Land Development Code states that "no kitchens of any kind are permitted within the units" of hotel, lodges or inns. On November 14 and 28, 2005, the applicant appeared before the Planning & Environmental Commission with a request to amend the text of the Public Accommodation (PA) zone district to allow accommodation units to include kitchen facilities, as a conditional use in the district. Upon consideration of the request, the Commission directed staff and the applicant to prepare an amendment which would result in 'the creation of a new zone district purposefully intended to allow accommodation units to include kitchen facilities in certain areas of Town. On December 6, 2005; during the PEC/DRB update to the Vail Town Council, staff informed the Town Council of the recent discussions with the Planning & Environmental Commission regarding the text amendment and the creation of a new zone district. The Town Council acknowledged that the intent of the proposed text amendment may have merit, however, encouraged the staff and Commission to evaluate other options. For example, the possibility of creating a conditional use with use-specific criteria addressing the relationship of the use to other neighboring uses. and development objectives of the Town or the elimination of the prohibition against kitchen facilities in accommodation units. The Town Council expressed that it may be appropriate to re-evaluate the legislative intent of the current land use policy prohibiting kitchen facilities in accommodation units. On December 12, 2005, the applicant appeared before the Planning & Environmental Commission to discuss the merits of creating the Public Accommodation-2 (PA-2) district. Following discussion on the topic, the Commission directed staff to prepare a proposed text amendment for the Commission's consideration and recommendation. On December 20, 2005, Community Development Department held a worksession meeting with the Vail Town Council to present the options for addressing the desire to allow kitchen facilities in accommodation units. 2 IV. ROLES OF THE REVIEWING BODIES Rezoning/Zone District Boundary Amendment P:llanning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: .The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. .Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility oj' the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Zoning Regulations 12-3-7: AMENDMENT.• A. Prescription: The regulations prescribed in this title and the boundaries of the districts shown on the official zoning map maybe amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. 8: Initiation: 1. An amendment of the regulations of this Title or a change in district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in district~boundaries and a map indicating the existing and proposed district boundaries. If the petition is for a change in district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and. street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such .additional information as prescribed by the administrator. Town of Vail Land Use Plan Medium Density Residential -The medium density residential category includes housing which would typically be designed as attached units with common walls. .Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as parks and open space, churches, and fire stations. Resort Accommodations and Service -This area includes activities aimed at accommodating .the overnight and short term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or accommodation units per buildable acre). These areas ,are oriented toward vehicular access from 1-70, with other support commercial and business services included. Also allowed in. this category, would be institutional uses and various municipal uses. Chapter 11 -Land Use Plan Goals/Policies 1.1 Vai! should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1:3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in exisfing . developed areas (infill areas). 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. VI. ZONING ANALYSIS The following zoning analysis provides a comparison of the development potential currently allowed under the Public Accommodation (PA) District to that of the proposed Public Accommodation - 2 (PA-2) District. Legal Description: Lots 9-12, Buffher Creek Resubdivision Land Use Designation: Medium Density Residential Lot Size: 86,597 sq. ft./1.988 acres Develo ment Standard PA PA-2 Lot Area: 10,000 sq.ft. min.. 10,000 sq:ft. min. Setbacks: 20' all sides* 20' all sides* VII VIII. Height: GRFA: 48 feet 129,895 sq ft.** 49 d u's 48 feet 129,895 sq. ft.** 49 d u's Site Coverage: 65% or 56;288*** 65% or 56,288 *** Landscaping: 25,979 sq. ft. min. 25,979 sq. ft. min. Density Control: Parkirig Per Chapter 10 of Per Chapter 10 of the Zoning the Zoning Regulations Regulations See Sections 12-7J-6 and 12-7A-6 for further details '* At the discretion of the PEC per Sections 12-7A-8 and12-7J-8 """ At the discretion of the PEC per Sections 12-7A-9 and 12-7J-9 SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Two Family Primary/Secondary South: I-70 ROW N/A East: Residential. Two Family Primary/Secondary West: Residential Residential Cluster CRITERIA AND FINDINGS Amendment to the Official Zoning Map of the Town of Vail (rezoninal Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, 5 "an application to. amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider owith respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to rezone Lots 9-12 Buffher Creek Resubdivision from .Public Accommodation (PA) district to the Public Accommodation-2 (PA-2) district. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the. requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Section V of this memorandum outlines the goals and policies that are relevant to the proposed rezoning of Lots 9-12, Buffher Creek Resubdivision. According to Section 12-7J-7: Purpose; Public Accommodation-2 (PA-2) district, "The public accommodation. -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and • semipublic facilities and commercial/retail and related visitor oriented uses as maybe appropriately located within the same district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the Town's Vail Village and Lionshead commercial core areas. The public accommodation - 2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the.nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. " This Zone District was specifically developed to provide incentives for properties to redevelop as limited service lodges. The ultimate goal of these incentives is create variety and diversity amongst resort lodging unit types. Any future redevelopment of the property will be required to comply with the standards outlined for development in the district. The proposed rezoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out, in the Town's adopted planning documents; and The Public Accommodation-2 district establishes zoning that is consistent with both existing and proposed uses on the parcel. The proposed use of the property will remain as a lodge thus providing short-term accommodations for guests and visitors to the Town. The zone district amendment is consistent with existing and potential uses on surrounding properties. According to the Vail Land Use Plan, the adjoining land use designations include Medium Density Residential. Pursuant to the Plan, the existing land use designation is Medium Density Residential and is not proposed to change with this application. Given that the existing use is a lodge in the medium density residential land use designated area and that the new use is not a substantial change, staff believes that the amendment is suitable with the existing -and potential land uses surrounding the site. . 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Public Accommodation-2 district is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan. Staff believes that the proposed re-zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, while the overall density of development on the Roost Lodge development site will increase as a result of the zone district boundary amendment and subsequent redevelopment the development standards of the Public Accommodation-2 district ensures a workable relationship among land uses. The only real distinction on future development under the Public Accommodation district versus the Public Accommodation -2 district is the presence of limited service lodge units that contain kitchen facitilies. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The proposed re-zoning establishes consistent zoning for the property. This re-zoning will create 'a zone district consistent with the existing and proposed use of the property. The proposed re-zoning and development plan provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Vail Land Use Plan. For instance, the purpose of the Public Accommodation-2 district is, in part, "to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and limited service lodge units". Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, -air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed re-zoning will not significantly alter the existing character or uses allowed on the site. As such, staff does not for see any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. 6. The extent to which the zone district amendment is consistent with , the purpose statement of the proposed zone district. The Public Accommodation-2 district is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that zone district. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation 'of the subject property was adopted and is no longer appropriate. Since the original adoption of zoning on the property, the Town of Vail has undergone an extensive growth and change. As such, the Town has adopted clearly identifiable goals .and .objectives for development in this general area of Town. In order to ensure that these goals and objectives for. development are carried out, the Town adopted the Public Accommodation-2 district. If approved, the applicant will be afforded the opportunity to redevelop the site with the Town's goals in mind. 8. -Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. .STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone Lots 9=12, Buffher Creek Resubdivision to the Vail Town Council, subject to-the following condition: 1. That the rezoning shall only become effective upon the adoption of an ordinance duly establishing the Public Accommodation-2 district, as presently contemplated by the Vail Town Council. . Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment. is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.". X. ATTACHMENTS A. Vicinity Map k- ~ ~ t ,~~ ~ The Roost Lodge - Vicinity Map.. ~~;~~ ~. ~~~~~~~"~,r~~ - ~ _ 1783 North Frontage Road West ' ~' //_- . ~-mow,-,~~~'r ~,~,~ ~,~ ~~ ' Plannin -and Environmental Commission - Janua 9 2006 - ~ ~_~~~~~ ~ #~"~~~`~ _ ~ ?_ _ ,w ~ . ~- r~t r i L* ~~ .~, - d .r ~ Mkt <ry~J(~x li ~~*. t+ie~ _ ~ \ C ~'~~ art -' ~ ~'{..~,. ~'y`.y" E '•1'" 4. I ~ '~°'r~l.* •,. F . e ; -' ~" ~ t }f ~' . ~, f' k'.:~i.. ~ ~~1-~~ ~,~r".~~ 1 ~~~ l~°~rr,-'' ~V ., .;~'r~'. ~ •.t , 4 ~.~r .~ j _ ~ `t' , t" ..,f • ~~.. ~. h~ v'r ~ ,fib y "t ~r A,`ti -~~y'9'A -.~,~. i~~jsj'kr~~~r ~d ('~~ ~~i:1. " ~," ~ ~.f:'{ ~~ ~.r ... .,~ ~~> '.r' r ~y. ~ - x11` C. i:j F~.e y'ai.. 3"MJt~a~.I- v ~f'" ,el~ }~1 ~ •• ~F ~ t!F.- ~. U' :!.~'r.. =..'"!'~}`'.::rsr: #5.: ~'f~ ~.~ir :wc r-~{~,r~, _ v R1'i4.. '~''~-....~'~~~~ - ,F.L; '.:4~ ,~` i'~. ~"~.- f~,~ •rt~ yy ~~ sal ~ /'~R} ~ .. 1 ~~ ~, ,A ``~ 3F ./~ y _ .r,=ut - S ~~~ ~.~'^-may"^~ ~.. H ~, ~ ~~., r , ..»»,a [yam * ~„~ 4 ~-.` +o4-a' it ~ -~ ti r ,' r Y~`v' ~ ~ t • j. 1 ` j ~ ~ t ~~Q~ ` ~~ ~'~ ~~' ~' - - ~ ; ~ ` ~"~~ Y ~ ~ 'r/ S.i ~ I: K,~ ~, ` - J. if ~f~r ~. a.,r~~ ~. , 4~`-rte ,r~ ,~ f* r ~' j ~ ~~r r t j '~ _ °~f r.C,j ~cfa~oY~ ~ ~ 3t ~;~1 ~f'"'~--<~ ,i`~J A ~1' a~ .,~ \ "~~ - ,Ml-' '~~. Fes` .. ~ 2rLC'h - ~ra,x ~~ r r.~~ ~.~ Sat k /~ '' ~ 4r •' C~ ~"' ~t rtw ,K' ~ ~ /. Y L' ~~~ f n .. /' 1 4 v y ~~ s~ ~}FY J -,s.,~ I ~ ~ ! I ~, lei ~"~-?'f"f ~ y .jf'"" ~ '4r ~' ( r fL y ~ L- ?yam"~f ~ © ~ ~ tI ~ 1 S' ~ ~f <4 °~ .a 3~rx. .r ~' ~ (- _ ~ ~i ~ ~ ' ray' ~ ~i K r L _ t . ~ ~ ~~ ~ _ ryr yi ~`~' `~ '~' `' n~' .<., sGf.. ~.s l ~ ..-~.._.,,,. w .... ._ `,F,~` ! __~ ~s ...ter ~3 s, .,. This ma w aced hY - ~ ~ 50 0 50 Feel - -~~~ ..1'.00' - - - _ - - D as ore ~e The Down of Vail ceps not warram the accura~ot the MOrmoau'onrcontai~0 hereia._ -_ .. _ _ . ._ z_ _..._._,: ... -_> :. - -.._ - - -,. ~ - _ .. - (parcel line work Is approaimatej - 4~ C MEMORANDUM ~+ TO: FROM: DATE: SUBJECT STAFF: Town Council Community Development Department January 3, 2006 West Lionshead Master Plan West Vail Redevelopment Master Plan Russ Forrest, Matt Gennett, Warren Campbell Attached please find informational updates on the West Lionshead Master Plan and the West Vail Redevelopment Master Plan, for your review. ~, West Vail Redevelopment Master Plan Process Goals: 1. Provide a desirable framework for the .future redevelopment of properties in the West Vail plannirig area which respects the adjacent neighborhood; 2. Recapture lost revenues from new down-valley centers; and 3. Establish a more competitive, . sustainable community in West Vail while remaining Community Commercial-oriented. Problem Statements: 1. An-acute decline in -sales tax revenues over the last four .years show West Vail . businesses are losing to down valley competition. 2. There is a lack of thematic architectural and design character in West Vail today. 3. Current zoning and master plan land use designations are outdated. Next Steps: 1. Report Input from this Town Meeting to the Town Council on January 17, 2006 2. Committee Meeting to Review Input, January 19; 2006 3. Traffic Study Completion by January 27, 2006 4. Public Meeting on Preferred Concept, January 31, 2006 ' 5. Committee Meeting on Draft Plan, February 2, 2006 6. Discussion on Housing Policy, January 7, 2006 7. PEC Hearing on Draft Plan, February 13, 2006 8. Town Council Review of Draft Plan & PEC Recommendation, February 21, 2006 9. Proceed with Recommendations from Council West Lionshead Master Plan Goals: The following are goals as identified by Town Council for the West Lionshead Master Plan area. • To obtain additional parking to reduce the number of days cars are parked on the Frontage Road. • To identify opportunities for a transit facility for buses. • To identify opportunities for commercial uses (office and retail) which do not compete with existing Town of Vail commercial areas. Under any scenario, there shall be no net loss of office and retail space while the potential for an increase is explored. • To create "hot" beds in West Lionshead. • To improve circulation along the frontage Road. • To improve the guest experience. Problem Statements: In conjunction with the review of the Ritz-Carlton Residences to be located on the West Day Lot, Vail Resorts identified the desire to locate a ski lift in the West Lionshead vicinity. The desire to locate a lift in':West Lionshead resulted from the purchase of additional land area by Vail Resorts Development Company, which included the Vail Professional Building, Cascade Crossing, and the Amoco/BP gas station. Several of the parcels purchased are not currently covered under the existing Lionshead Redevelopment Master Plan and therefore a process was proposed to begin looking at the land area and appropriate locations for a potential ski lift/gondola in West Lionshead and incorporation into the Lionshead Redevelopment Master Plan. Next Steps: The following are the next steps which will be pursued for the West Lionshead Master Plan study area. • January 13, 2006, submittal of a Planning and Environmental Commission application to amend the Lionshead Redevelopment Master Plan. • January 26, 2006, a public meeting to allow citizens and other interested parties provide input on the current concepts and goals. • February 2, 2006, West Lionshead Master Plan Committee meeting to continue working on the concepts. • February 7, 2006, update on progress to Council at the afternoon work session. • February 13 and 27, work session meetings with the Planning and Environmental Commission discussion the amendments to the Lionshead Redevelopment Master Plan. • March 13, 2006, final review and recommendation from the Planning and Environmental Commission regarding the amendments to the Lionshead Redevelopment Master Plan. • Council hearings regarding the amendments to the Lionshead Redevelopment Master Plan will occur subsequent to Planning and Environmental Commission review. ~_--~--~-~--~ __ w __. ~ _w _...~ ..~. _._...~.._ ----- Page 1 Corey Swisher Re -a-M°-.,..- From: Kim Ruotolo To: BurtN ~ ssg-autostop.com Date: 1/4/2006 2:34:28 PM Subject: Re: Burt, Thank you for your input on this development. I am forwarding your email to Corey Swisher (Assistant to the Town Manager) to ensure that it becomes part of the public record. Since we currently sit in a quai- judicial role on this development, we cannot discuss it outside of public meetings. Therefore, I strongly encourage you to also attend any meetings that address Crossroads and express your opinions at those. Best regards, Kim Ruotolo Vail Town Council Member »> Burt Nordstrand <BurtNC~ssg-autostop.com> 01/04/06 2:00 PM »> My name is Burt Nordstrand, and I am the Vice President of the Village Center Homeowners Condominium Association. As an owner of the directly neighboring condominium across the street, I personally urge the town of Vail to expedite the approval of the Crossroads redevelopment. As you all know, Village Center has just completed an extensive renovation to increase the appeal and the value of the property. The response from our owners, neighbors and visitors has been strongly favorable. Considering our significant investment in this Vail property, I am sure you would want our perspective on the proposed redevelopment of the neighboring Crossroads site. I have had an opportunity to visit with many of Village Center's owners on this subject, and I have personally discussed this issue with members of Village Center's board of directors, and I can assure you that Village Center strongly supports the project proposed by Peter Knobel. It is extremely disappointing that the redevelopment of the dilapidated Crossroads property somehow has not been able to proceed. I have heard town council members and other town staff members all state that they want to see this building torn down, but that they are not satisfied with the proposal submitted by the developer. This is baffling. Our owners have met with the developer and seen all of the plans and changes. In our opinion, as the directly facing neighbor, THIS IS AN APPROPRIATE PROJECT and a WELCOME ADDITION TO THE VILLAGE. Wake up, Vail! Look at the current construction projects around town and take a walk over to Lionshead (or whatever the new name is now) to view the Ritz model. It will become apparent to all of you that the day of small buildings is already gone! The Ritz is eight stories with a tower in excess of 120 feet. Notwithstanding its large size, the Ritz -unlike the proposed Crossroads redevelopment -adds nothing for the residents of Vail or Lionshead. The Ritz is simply for the 107 condo owners of the Ritz, whereas the proposed Crossroads complex will have features that all residents of and visitors to Vail may enjoy. We have invested money in our property, and Deter Knobel wants to do the same for his. Projects like these better the experience of being in Vail. " The longer werchave to live through. construction the worse off we all are. This developer has been put through the wringer long enough. Approve the a..,... _ _ _... ,_.~: __~ .,. .. =Core Swisher - Re ~~ ~ ~ .. __ Page 2 project, let it begin, and let's keep improving Vail into the future. Sincerely, Burt Nordstrand Burtvail Cd1 aol.com CC: cswisher@vailgov.com TO: Town Council FROM: Kris Friel, Community Information DATE: January 17, 2006 SUBJECT: Posting of Public Notices Follow-Up/ Overview of Town of Vail Web Site Use BACKGROUND During the Jan. 3 Vail Town Council meeting, a discussion took place regarding Resolution No: 1, Designating a Public Place for Posting Notices of Public Meetings, in which a question was raised regarding the adequacy of distribution. In addition to the legal posting requirement in the Vail Municipal Building, town council agendas are: • Published on Mondays in the Vail Daily in the "Weekly News" ad, • Emailed to 112 "Vail-Mail" subscribers (see table below), and • Posted to the Town of Vail web site. Council members also inquired about use of the town's web site as an overall information outlet, which is described below. OVERVIEW OF TOWN WEB SITE USAGE The goal of www.vailgov.com is to provide an up-to-date and user-friendly source for Vail's constituents to access town information. The Vail Town Council section of the web site is accessible via the home page, and contains links to agendas, minutes and highlights, as well as council member biographies and contact information. In 2005, 2,741 visitors accessed the Town Council main page. Of those, 1,649 went on to access the "Highlights and Agendas" page. The town's web site contains over 3,300 pages and was re-launched with a new design in October 2005 to aid in the navigation of the large volume of information. Historical data was used to make the most frequently accessed sections of the web site easier to find. A new, modern design highlights Vail's commitment to being the premier resort community. Web site visits in 2005 totaled 124,995, with the most frequently visited areas as follows: • Job Opportunities • Bus Schedules • Vail Weather • Web Cams • News (including "Vail Snowfall Record" and "WestStar Bank Robbers Arrested") • Town Council • Police Department • Donovan Pavilion • Vail Weather The topics in the top ten suggest use of-the web site by a mix of users both locally and out of town. In addition to providing access to Town of Vail information 24 hours a day, the town's web site includes an "Information Request" section to answer specific questions users may have. In 2005; staff responded to 292 information requests. E-SUBSCRIPTION SERVICES Over 1,000 subscribers receive information directly from the Town of Vail via "Vail-Mail," the town's a-news service, or through a sales tax information subscription service. Subscribers can choose from any or all of the following categories: Cate o No. of Subscribers Vail Mail Newsletter 613 Sales Tax Newsletter. 230 S ecial Event Sna shots 224 General News 153 Breakin News 136 Town Council Hi hli hts 130 Town Council A endas 112 Y MEMORANDUM TO: Town Council FROM: Timber Ridge Affordable Housing Corporation DATE: January 17, 2005 SUBJECT: Monthly Reporting Requirements Attached please find the November, 2005 Timber Ridge Village Income Statement, Variance Report, Balance Sheet, and Projected Cash Flow report. Also, there is the actua12005 cash flows. There are no weekly management reports as all of the units,are leased and there is no leasing activity. This is provided to Town Council per the reporting requirements agreement. ~l~ i~ WI l l i.~ -~ 1a~fi P~ j C,~~~ ~~ viclzd . i ~~-- TIMBER RIDGE AFFORDABLE HOUSING CORPORATION ~ - _ updated txrzeros PROJECTED~CASH FLOW - SEPTEMBER2005THROUGH DECEMBER 2008 Actual Actual Actual e 5 Oct-OS Nov-OS c-05 Jan-06 Feb-06 Mar-O6~ ADf-Ofi Mav-06 un-O6 ' uJ I-06 Aua-O6 Seo-D6 Oct-O6 Nov-06 Dec-O6 INCOME Unrestricted Cash Balance $420,788 $262,001 $284',590 $146,671 $9,522 $8,648 $73,689 $128,212 $125,066 $189,242 8207,696 $202,201 $124,598 $175,566 $163,031 $218,682 Rental Income 124,140 159,660 Credits for a Units not occu ied b 1,075 TOTAL CASH AVAILABLE 5543,953 $421,661 EXPENSES Operating/Owner Expenses 50,625 30,745 LC Fees - Oldy US Bank 0 0 Mold Remedia0on 126,687 45,957 Debt Service: Avg 3.7 % Avg 3.85 Sedes AInterest -Monthly ~ 59,540 ~ 60,369 Sedes B Interest -Semi Annual 0 0 Series BPrincipal -Annual 0 0 Replacement Reserve Annual pymt 8/OS Rate Cap Escrow Annual pymt 8/0 45,000 TOTAL EXPENSES AND DEBT SI .281,852 137,071 MONTHLY CASHFLOW! (DEFICIT (158,767) 22,589 FUNDING (DISTRIBUTIONS) 0 0 ENDING CASH BALANCE 262,001 284,590 169,722 5454,312 50,762 61,357 84,952 Avg 4% 65,550 0' 0 45,000 307,641 (137,919) 0 146,671 10/15-1/15/06 187,602 172,000 172,000 172,865 _$314,273 5181,522 5180,648 5246,754 50,140 48,435 42,342 54,125 0 60,023 0 0 17,903 0 - 0 0 Avg 4 % Est 4.0% Est 4.0 % Esl 4.0 64,372 64,417 64,417 64,417 42,335 0 0 ~ 0 130,000 0 ~ 0 0 304,750 172,875 106,759 118,542 5137,148) (875) 65,241 54,323 0 0 0 0 9,522 8,648 73,889 128,212 171,865 170,105 169,005 169,005 170,105 171,205 172,965 176,440 177,440 5300,077 5295,171 $358,247 5376,701 5372,306 5295,803 5348,531 5339,471 5396,122 49,905 41,512 44,728 48,727 42,807 40,966 45,539 41,519 42,469 60,690 0 0 61,357 0 0 60,690 0 0 0 0 0 0 0 0 0 0 0 Est 4.0 % Est 4.0 % Est 4.0 % Est 4.0 % Est 4.0 % Est 5.0 % Esl 5.0 % Est 5.0 % Est 5.0 64,417 64,417 64,417 64,417 64,417 79,271 79,271 79,271 79,271 0 0 41,406 0 0 0 0 0 41,406 0 0 0 0 0 0 0 0 140,000 ss,aea 45,000 175,012 ~ 105,929 150,551 174,501 247,708 120,237 185,500 120,790 303,146 (3,147) 64,176 18,454 (5,496) (77,603) 50,968 (12,535) 55,650 (125,706) 0 0 0 0 0 0 0 0 0 125,066 189,242 207,696 202,201 124,598 175,566 163,031 218,682 92,976 - Paying July inl in August 0a NOTE: TRAHC funded the Repl. Reserve 8 Rale Cap 2005 (2004 pymts have not been made for replacement reserve) and Bond Reserve Fund has not been replenished. Rate Cap Protection at 4% through 7!31106 - T11~ZBER RIDGE VII,LAGE Income Statement Basis: Accrual For the 117onth Ending November 30 2005 ACCT MONTHLY MONTHLY MONTHLY YTD YTD Y'TD ANNUAL # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 1 OPERATING INCOME 4001 Gross Potential Rent 170,100.00 168,534 1,566 ~ 1,479,433.79. 1,450,374 29,060 1,618,908 4005 Vacancies (1,000.00) 0 (1,000) (66,494.67) (54,825) (11,670) (54,825) MONTHLY RENT 169,100.00 168,534 566 1,412,939.12 1,395,549 17,390 1,564,083 4070 Laundry Income 672.00 1,480 (808) 18,345.37 16,280 2,065 17,760 4085 Miscellaneous Income 0.00 108. (108) 13,463.49 1,188 12,275 1,296. 4090 Late Fees/NSF Check Fees 0.00 75 (75) 25.00 8.25 (800) 900 4120 Rent Concessions (250.00) 0 (250) (8,200.00) . 0 (8,200) 0 4125 Employee Apartments/Garage 0.00 (575) 575 0.00. (6,325) 6,325 (6,900) 4140 Relet Fees 0.00 0 0 0.00 1,100 (1,100) 1,100 6117 Bad Debt Expense (40.32) 0 (40) (6,741.89) 0 (6,742) 0 TOTAL INCOME 169,481.68 169,622 (140) 1,429,831.09 1,408,617 21,214 1,578,239 TIMBER RIDGE VILLAGE Income Statement Basis: Accrual For. the Month Ending November 30 2005 ACCT MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUAL # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 2 OPERATING EXPENSES ADMINISTRATIVE 5110 Advertising/Promotion 5120 Auto Expense 5121 Meals 5122 Lodging 5125 Marketing Expense 5130 Credit Checks 5135 Management Fee 5140 Office Expense 5145 Printing/Copying 5150 Postage 5165 Phone/Fax 5170 Dues/Subscriptions 5175 Banking Fees 405.48 150 (255) 3,273.72 1,650 (1,624) 1,800 355.35 285 (70) 4,618.82 3;135 (1,484) 3,420 0.00 0 0 1,036.76 0 (1,037) 0 0.00 0 0 21.53 0 (22) 0 75.00 100 25 763.55 1,100 336 1,200 67.97 0 (68) 66.10 350. 284 '350 8,429.00 8,481 52 69,170.55 70,431 1,260 78,912 1,107.05 350 (757) 4,122.87 3,850 (273) 4,200 185.92 250 64 2,409.57 2,750 340 3,000 100.92 125 24 1,189.03 1,375 186 1,500 978.39 495 (483) 7,416.43 5,445 (1,971) 5,940 58.54 0 (59) 2,106.45. ; 1,150 (956) 1,150 35.60 30 (6) 335.00 =' 330 (5) 360 TOTAL ADMINISTRATIVE 11,799.22 10;266 (1,533) 96,530.38 91,566 (4,964) 101,832 PAYROLL 5220 Wages Administrative 6;942.76 6,250 (693) 73,879.81 70,745 (3,135) 76,995 5230 Wages Maintenance 4,595.04 7,953 3,358 75,427.07 98,870 23,443 106,823 5250 Wages Landscaping 2,267.86 0 (2,268) 11,955.38 7,350 (4,605) 7,350 TOTAL PAYROLL 13,805.66 14,203 397 161,262.26 176,965 15,703 191,168 TIMBER RIDGE VILLAGE Income Statement Basis: Accrual For the Month Ending November 30 2005 ACCT .MONTHLY MONTHLY' MONTHLY YTD YTD YTD ANNUAL # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 3 REPAIIt & MAINTENANCE I1VAC/PLUMBING 5315 HVAC -Repairs 5320 I1VAC -Supplies 5345 Plumbing Repairs 5350 Plumbing Supplies 0.00 500 500 0.00 5,500 5,500 6;000 0.00 • ' 100 100 0.00 1,100 1,100 1,200 477.56 525 47 6,716.59 5,775 (942) 6,300 0.00 300 300 822.90 3,300 2;477 3,600 TOTAL HVAC/PLUMBING 477.56 1,425 947 7,539.49 15,675 8,136 17,100 5620 5625 5645 5655 GROUNDS Trash Removal - Snow Removal Pest Control Grounds Equipment 1,065.51 3,200.00 0.00 0.00 660 925 0 175 (406) (2,275) 0 175 12,518.54 13,681.57 298.98 (66.17) 7,260 7,400 0 1;250 (5,259) (6,282) (299) 1,316 7,920 9,250 0 1,250 TOTAL GROUNDS 4,265.51 1,760 (2,506) 26,432.92 15,910 (10,523) 18,420 GENERAL REPA.II2/MAINTENANCE 5325 Electrical -Repairs 0.00 50 50 0.00 550 550 600 5330 Electrical -Supplies 0.00 50 50 116.49 550 434 600 5365 Maintenance/Repair Supply 0.00 200 200 163.16 2,200 2,037 2,400 5367 Door/WindowRepair/Maintenance 0.00 100 100 179.08 1,100 921. 1,200 5370 Miscellaneous Repairs and Maintena 97.59 75 (23) 3,950.94 825 (3,126) 900 5375 Maintenance Equipment 0.00 0 0 (41.15) 0 41 0 5380 Painting Supplies 0.00 125 125 1,238.60 1,375 136 1,500 5385 Appliance Maintenance 0.00 0 0 68.84 0 (69) 0 5395 Uniforms 0.00 0 0 351.37 800 449 800 5720 Locks 0.00 150 150 1,068.17 900 (168) 900 5760 Other Fire & Life Safety 0.00 0 0 3,711.92 1,430 (2,282) 1,570 TIMBER RIDGE VILLAGE Income Statement Bans: aocrua~ For the Month Ending November 30 2005 ACCT MONTHLY MONTHLY MONTHLY YTD YTD. YTD ANNUAL # DESCRIPTION ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 4 TOTAL GENERAL REPAIIt/MAIN 97.59 750. 652 10,807.42 9,730 (1,077) 10,470 UTILITIES 5410 Electricity-Common Area 1,479.90 8,538 7,058 29,177.22 76,488 47,311 85,026 5450 Water/Sewer 5,498.53 4,968 (531) 60,264.43 57,148 (3,116) 62,116 TOTAL UTILITIES 6,978.43 13,506 6,528 89,441.65 133,636 44,194 147,142 JANITORIAL 5510 Janitorial -Labor/Contract .0.00 5520 Janitorial - Supplies 0.00 5530 Carpet/Drape Cleaning 790.00 0 0 (930.00) 0 930 0 125 125. 95.00 1,375 1,280 1,500 0 (790) 1,788.30 2,100 312 2,100 TOTAL JANITORIAL 790.00 125 (665) 953.30 3,475 2,522 3,600 OTHER EXPENSES 5830 Property Insurance 5,515.15 5,295 (220) 59,911.59: 58,245 (1,667) 63,540 TOTAL OTHER EXPENSES 5,515.15 5,295 (220) 59,911.59 58,245 (1,667) 63,540 TOTAL EXPENSES 43,729.12 47,330 3,601 452,879.01 505,202 52,323 553,272 NET OPERATING INCOME 125,752.56. 122,292 3,461. 976,92.08 903,415 73,537 1,024,967 OWNER EXPENSES 6110 Accounting/Audit 0.00 0 0 5,800.00 5,900 100 5,900 6151 Remediation 12,565.55 0. (12,566) 377,156.97 370,000 (7,157) 370,000 Basis: Accrual ACCT # DES TIMBER RIDGE VILLAGE Income Statement For the 1Vlonth Ending November 30 2005 MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUAL N ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 5 TOTAL OWNER EXPENSES 12,565.55 0 (12,566) 382,956.97 375,900 (7,057) 375,900 INTEREST & MISCELLANEOUS INCOME 8105 InterestIncome -Miscellaneous 1,141.21 360 781 8,442.45 3,960 4,482 4,320 TOTAL INT & MISC INCOME 1,141.21 360 781 8,442.45 3,960 4,482 4,320 -CASH FLOW AVAILABLE FOR D] 114,328.22 122,652 (8,324) 602,437.56 531,475 70,963 653,387 INTEREST EXPENSE 6165 Letter of Credit Fees 6170 Financing Fees 6202 MISC Interest Expense , 6205 Interest Expense -Series A 6210 Interest Expense -Series B 0.00 0 0 243,318.75 244,092 773 244,092 0.00. 0 0 20,585.93 23,780 3,194 23,780 2,125.00 1,250 (875) 20,679.34 13,750 (6,929) 15,000 66,233.05 54,938 (11,295) 587,017.68 536,176 (50,842) 590,905 7,578.00 7,578 0 83,358.62 83,358 (1) 90,259 TOTAL INTEREST EXPENSE 75,936.05 63,766 (12,170) 954,960.32 901,156 (53,804) 964,036 INCOME BEFORE DEPR AND AM 38,392.17 58,886 (20,494) (352,522:76) (369,681) 17,158 (310,649) AMORTIZATION AND DEPRECIATION 6470 Amortization 3,586.50 3,587 1 39,451.50 39,457 6480 Depreciation Expense 43,787.17 43,787 0 481,658.87 481,657 TOTAL AMORT AND DEPR 47,373.67 47,374 0 521,110.37 521,114 6 43,044 (2) 525,444 4 568,488 NET INCOME/(LOSS) (8,981.50) 11,512 (20,494) (873,633.13) (890,795) 17,162 (879,137) TIMBER RIDGE VII,LAGE Income Statement Besis: Accrual For the Month Ending November 30 2005 ACCT MONTHLY MONTHLY MONTHLY YTD YTD YTD ANNUAL # DESCRIPTION ~ ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET page 6 CASHFLOW ADJUSTMENTS -CHANGES IN: FIXED ASSETS DEPR. & AMORT. Depr. & Amort. 47,373.67 DEBT SERVICE PYMTS / ESCROWS 1040 Replacement Reserve Fund (122.61) 1091 Rate Cap Escrow (45,023.04) 1120 Debt Service Reserve Fund (46.73) 1121 Debt Service Reserve - B (593.62) 2080 Bonds Payable - B 0.00 2741 Notes Payable-Townof Vail 0.00 RECENABLES AND OTHER ASSETS 1300 Accounts Receivable 1310 Prepaid Insurance 1315. Prepaid Expense 1325 Allowance for Doubtful Accounts OTHER LIABILITIES 47,374 0 521,110.37 521,114 (4) 568,488 (7,725) 7,602 (93,422.47) (84,975) (8,447) (92,700) 0 (45,023) (90,043.38) (90,000) (43) (90,000) 0 (47) (359.12) 0 (359) 0 0 (594) (3,157.15) 0 (3,157) 0 0 0 0.00 0 0 (130,000) 0 0 700,000.00 700,000 0 700,000 (275.00) 0 (275) (7,177.01) 0 (7,177) 0 0.00 0 0 (134.85) 0 (135) 0 0.00 0 0 (10,003.76) 0 (10,004). 0 40.32 0 40 4,911.08 0 4,911 0 2010 Accounts Payable (140,017.36) 2035 Other Accruals (667.00) 2050 Accrued Interest Payable 10,385.81 2055 Prepaid Rent 0.00 . Security Deposits 8.15 DISTRIBUTIONS /CONTRIBUTIONS 0 (140,017) (67,524.20) 0 (67,524) 0 0 (667) (7,337.00) (60,690) 53,353 (60,690) (1,250) 11,636 81,959.38 (13,750) 95,709 (15,000) 0 0 ~ 127,559.56 0 127,560 0 0 8 (354.21) 0 (354) 0 TOTAL CASHFLOVV ADJUSTMEl` (128,937.41) 38,399 (167,336) 1,156,027.24 971,699 184,328 880,098 NET CASHFLOW (137,918.91) 49,911 (187,830) 282,394.11 80,904 201,490 961 TIMBER RIDGE VILLAGE APARTMENTS NOVEMBER 2005 VARIANCE REPORT OPERATING INCOME OPERATING EXPENSES 5230 Wages Maintenance Wages Maintenance is under budget by $3,358 because of a staff reduction that was not accounted for in the original budget. 5250 Wages Landscaping Wages Landscaping is over budget $2,268 This should have been charged to 6151. 5625 Snow Removal Snow removal is over budget by $2,275 due to more snow fall early in the season than anticipated. 5410 Electricity Common Area Electricity common area is under budget $7,058 due to less expense than anticipated as a result of shutting down the non- rentable units. YEAR TO DATE TOTAL EXPENSES ARE FAVORABLE .TO BUDGET. $52,323 YEAR TO DATE NET OPERATING INCOME IS UNFAVORABLE TO BUDGET $73,537 Owners Expense Interest Expense 6151 Remediation 6205 Interest expense -series A Remediation is over budget $12,566 due to the remediation of an additional 44 units that was not in the original budget. Interest Expense Series - A is over budget $11,295 due to reclassification of financing fees in the budget. Page 1 Database: CORUM_MRI BALANCE SHEET Page: 1 ENTITY:. TBR Corum Real Estate Group Date: 12/29/2005 TIMBER RIDGE VILLAGE Time: 08:36 AM Accrual Nov 2005 ASSETS . Current Assets Cash Restricted Cash-Security Deposits CASH TRUSTEE ACCOUNTS Replacement Reserve Fund Series A Bond Fund Rate Cap Escrow Debt Service Reserve Fund Debt Service Reserve - B Accounts Receivable Prepaid Insurance Prepaid Expense Total Current Assets Investment in Real Estate Land Costs Building Computer & Equipment Less: Accum Deprediation Total Investment in Real Estate Intangibles Bond Cost Accum Amort Bond Cost Total Intangibles 297,196.01 17,543.03 184,234.74 0.48 90,043.38 17,834.76 226,539.59 5,611.02 5,515.15 10,003.76 854,521.92 4,399,500.00 15,578,000.00 30,897.00 (1,247,933.40) 18,760,463.60 825,897.55 /~n~ Sao ~rn /LY,J/O.VJ TOTAL ASSETS 20,339,363.57 Database: CORUM MRI BALANCE SHEET Page: 2 ENTITY: TBR Gorum Real Estate Group Date: 12/29/2005 TIMBER RIDGE VILLAGE Time: 08:36 AIVI Accrual Nov 2005 LIABILITIES & SHAREHOLDER'S EQUITY Current Liabilities Accounts Payable 47,215.93 Security Deposit Payable 17,550.00 Other Accruals 1,326.00 Accrued Interest Payable 151.,401.39 Total Current Liabilities 217,493.32 Other Current Liabilities Prepaid Rent 151,055.17 Total Other Current Liabilities 151,055.17 Long Term Debt Bonds Payable - A 19,025,000.00 Bonds Payable- B 1,455,000.00 Notes Payable-Townof Vail 1,700,000.00 Total Long Term Debt 22,180,000.00 SHAREHOLDER'S EQUITY Equity (1,335,551.79) Current Year Profit (Loss) (873,633.13) Total Shareholder's Equity (2,209,184.92) TOTAL LIABILITIES AND EQUITY 20,339,363.57 e COLORADO TOBACCO EDUCATION & PREVENTION ALLIANCE Smoke-Free Workplaces: A Growing Trend in Colorado Whereas workers working in smoke-filled workplaces are 50% more likely to develop lung cancer, a growing number of Colorado communities have taken steps to ensure that their workers protected from smoke-free air at work. Communities with completely smoke-free restaurants and/or bars: ~ Alamosa: 100% Smoke-free Restaurants ~ Avon: 100% Smoke-Free Workplaces, Bars and Restaurants m Boulder County (Unincorporated Areas): 100% Smoke-free Workplaces, Bars and Restaurants ® Breckenridge: 100% Smoke-free Bars and Restaurants ~ Dillon: 100% Smoke-free Bars and Restaurants ~ Eagle County (Unincorporated Areas): 100% Smoke-Free Workplaces, Bars and Restaurants m Fort Collins: 100% Smoke-free Bars and Restaurants m Frisco: 100% Smoke-free Bars and Restaurants m Greeley: 100% Smoke-free Bars and Restaurants m Longmont: 100% Smoke-free Bars and Restaurants ~ Louisville: 100% Smoke-free Bars and Restaurants ® Pueblo: 100% Smoke-free Bars and Restaurants ~ Silverthorne: 100% Smoke-free Bars and Restaurants m Snowmass: 100% Smoke-free Bars and Restaurants ® Steamboat Springs: 100% Smoke-free Bars and Restaurants m Summit County (Unincorporated Areas): 100% Smoke-free Bars and Restaurants m Timnath: 100% Smoke-free Bars and Restaurants The Colorado Tobacco Education and Prevention Alliance (CTEPA) is a state-wide coalition of organizations and individuals committed to reducing tobacco zrse and exposure to second-hand szzzoke thro:rghozrt Colorado throzrgh education and advocacy. 1780 S. Bellaire St., Suite 402 • Denver, Colorado 80222 • 303-756-6163 • Fax 303-756-6114 • 1-800-821-4602 • www.ctepa.org Secondhand Smoke AMERICAN LUNG ASSOCIATION of Colorado American Heart ~ Association®~ Learn and Liuea American I Cancer ~~ Society® COLORADO TOBACCO EDUCATION AND PREVENTION ALLIANCE ~a~/ Bar and Rerlaurant Employeas Against Tobacco Hazards . ~„~ _,~ ~~ ~-` (iraup to Allevlete FTpkln polWllon ® Secondhand smoke, also known as environmental tobacco smoke (ETS), is a mixture of the smoke given off by the burning end of tobacco products (sidestream smoke) and the smoke exhaled by smokers (mainstream smoke).' ® More than 50 compounds have been identified in tobacco smoke that are recognized as known or probable carcinogens (cancer-causing substance). Secondhand smoke contains more than 4,000 chemicals including arsenic, formaldehyde, hydrogen cyanide and radioactive elements. z ® Secondhand smoke, or ETS, is classified as a Group A carcinogen, like asbestos, by the Environmental Protection Agency. 3 ® In adults, exposure to ETS is associated with increased risk of lung cancer, particularly in those with high exposure and acute and chronic respiratory symptoms that improve after the cessation of exposure.4 ® Environmental tobacco smoke increases the risk of lung cancer in non-smokers. The risk of lung cancer increases consistently with increasing levels of exposure.5 ® Breathing other people's smoke is an important and avoidable cause of ischaemic heart disease, increasing a person's risk by 25%. 6 ® Just thirty minutes of exposure to secondhand smoke can cause a reduction in coronary flow velocity reserve (CFVR).' ® Both cumulative lifetime and recent ETS exposures increase the risk of adult-onset asthma. s ® The World Health Organization Consultation concluded that ETS is a real and substantial threat to child health causing death and suffering throughout the world.9 - ETS exposure causes a wide variety of adverse health effects in children, including lower respiratory tract infections such as pneumonia and bronchitis, coughing and wheezing, worsening of asthma, and middle ear disease. - Children's exposure to environmental tobacco smoke may also contribute to cardiovascular disease in adulthood and to neurobehavioural impairment. ® A 1988 tobacco industry memo states: "it must be appreciated that Philip Morris are putting vast amounts of funding into these projects: not only is directly funding large numbers of research projects all over the world, but in attempting to coordinate and pay so many scientists on an international basis to keep the ETS controversy alive." The memo also summarized the Philip Morris program to recruit scientists "who have no previous record on the primary issue" to conduct research "which apparently would then be `filtered' by lawyers to eliminate areas of sensitivity."10'" ® Establishment of smoke-free bars and taverns was associated with a rapid improvement of Bartenders' respiratory health.'Z ® A positive and significant attitudinal change related to the smoke-free bar law occurred among bar owners and staff in California.13 References National Toxicologygram. 11th Report on Carcino~ns. Report on Carcinogens, Eleventh Edition; U.S. Department of Health and Human Services, Public Health Service, National Toxicology Program, Department of Health and Human Services, Public Health Service, Pursuant to Section 301(b) (4) of the Public Health Service Act as Amended by Section 262, PL 95-622U.S. 2004. 2. National Cancer Institute. and Tobacco Control Monograph no. 10 (t'` PDF - 71 k). Bethesda, MD: U.S. Department of Health and' Human Services, National Institutes of Health, National Cancer Institute; NIH Pub. No. 99-4645, 1999. 3. Environmental Protection Agency. Respiratory Health Ef ects of Passive Smoking: Lund Cancer and Other Disorders. Washington, DC: U.S. Environmental Protection Agency; Pub. No. EPA/600/6-90/006F, 1992. http://cfpub2.epa.goy/ncea/cfm/recordisplay.cfm?deid=2835 4. Chan-Yeung, M. & Dimich-Ward, H., "Respiratory health effects of exposure to environmental tobacco smoke." Respirology, 8(2): 131-139, 2003. Zhong, L. Goldberg, M.S., Parent, M.E., & Hanley, J.A., "Exposure to environmental tobacco smoke and the risk of lung cancer: ameta-analysis." Lung Cancer, January 27(1): 3-18, 2000 6. Law, M.R., Morris, J.K., & Wald, N.J., "Environmental tobacco smoke exposure and ischaemic heart disease: an evaluation of the evidence." British Medical Journal, 315: 973-980, 1997. 7. Otsuka, R. ,Watanabe, H., Hirata, K., Muro, T., Yoshiyama, M., Takeuchi, K., & Yoshikawa, J., "Acute effects of passive smoking on the coronary circulation in healthy young adults." Journal of the American Medical Association -JAMA, July 25; 286:436-441, 2001. 8. Jaakkola, M.S., Piipari, R., Jaakkola, N., &Jaakkola, J.J., "Environmental tobacco smoke and adult-onset asthma: apopulation-based incident case-control study." American Journal of Public Health; Dec; 93(12): 2055-2060, 2003. 9. World Health Organization. "International Consultation on Environmental Tobacco Smoke (ETS) and Child Health, Consultation Report," Geneva, Switzerland, World Health Organization, Division of Noncommunicable Diseases, Tobacco Free Initiative, 11-14 January 1999. http://~vww.who.int/tobacco/health impact/youth/ets/en/ 10. Boyse, S., "NOTE ON A SPECIAL MEETING OF THE UK INDUSTRY ON ENVIRONMENTAL TOBACCO SMOKE, LONDON 980217." British American Tobacco internal memo, Bates Number: 2063791 1 76/1 1 80, Philip Morris collection, 1988. http://legac .l~brary.ucsf.edu/cgi/~etdoc?tid=dof53a00&fmt=pdf&refiresults 11. Chapman, S., "Vast sums of money...to keep the controversy alive -the 1988 BAT memo," Tobacco Control, 6: 236-239, 1997. 12. Eisner, M.D., Smith, A.K., & Blanc, P.D., "Bartenders' respiratory health after establishment of smoke-free bars and taverns." Journal of the American Medical Association -JAMA, Dec. 9; 280(22): 1909-1914, 1998. 13. Tang, H., Cowling, D.W., Stevens, C.M., & Lloyd, J.C., "Changes of knowledge, attitudes, beliefs, and preference of bar owner and staff in response to a smoke-free bar law." Tobacco Control, 13: 87-89, 2004. Updated 2/24/05 AMERICAN LUNG ASSOCIATION~~ of Colorado American Heart Associadon® Lear~a and Lives ~ American d f Cancer k Society ^ • COLORADO TOBACCO EDUCATION AND PREVENTION ALLIANCE ~IONAL EWISI=I Medical and Research Center Global leader in Ln~, lUlergic and Inmona Diaoaaea ~ ~ bath _ w caor.m ~:,~ - GrouptoAllOVlat.6mpkln Po11WIOn Smoke-Free Policies Good for Business "One year. later, the data are clear...Since the=law went into effect, business receipts for restaurants. and bars have. increased, employment has risen, virtually all establishments are complying with the law, and the number of new liquor: licenses ;has :increased--all. signs abet New York Citybars and: restaurants are prospering." .. New York City Department of Finance, March 2004 Nationwide • A 2003 study in the journal Tobacco Control offered a comprehensive review of all available studies on the economic impact of smoke-free laws and concluded that "All of the best designed studies report no impact or positive impact of smoke-free restaurant and bar laws on sales or employment." i • Studies of sales tax data from 81 localities in six states have consistently demonstrated that ordinances restricting smoking in restaurants had no effect on restaurant revenues. z New York • On March 30, 2003, New York City implemented its comprehensive smoke-free workplace law prohibiting smoking in all of the city's restaurants and bars. Business tax receipts for restaurants and bars increased 8.7 percent from April 2003 to January 2004 compared to the same period in 2002-2003. s • The 2004 Zagat New York City Restaurant Survey of nearly 30,000 New York restaurant-goers found that 23 percent of respondents said they were dining out more often because of the city's smoke-free workplace law, while only 4 percent said they were dining out less. a Delaware • Comparative data compiled by the Delaware Division of Public Health and Division of Revenue in 2004 shows that the number of restaurant, tavern and taproom licenses in Delaware has increased since the smoke-free law took effect. Employment within the hospitality industry increased as we11.5 • A 20051inear regression analysis of gaming revenue in Delaware showed that the smoke-free law was associated with no effect on total revenue or average revenue per machine and that smoke-free laws are associated with no change in gaming revenues Massachusetts • Ina 2000 study of 239 communities in Massachusetts, researchers found that restaurant sales in towns with strong smoking restrictions experienced a slightly faster rate of growth than restaurant sales in towns without such restrictions. California In California, taxable sales receipts for bars and restaurants have increased every year since 1997 (the year before the state's smoke-free law went took effect) through 2003 (the most current year full data is available). s In addition, total employment at bars and restaurants has also increased every year since 1997. s Texas • "Despite the fears of many restaurant owners, anti-smoking laws don't appear to be bad for business, according to a study of four Texas cities with some of the strictest rules in the state about lighting up while eating out. Researchers from the Texas Department of Health used tax data to track sales in Plano, Arlington, Wichita Falls and Austin before and after smoking rules went into effect. Total restaurant sales generally continued to climb in all four cities." to 1 Scollo M, et al, "Review of the quality of studies on the economic effects of smoke-free policies on the hospitality industry", Tobacco Control (2003); 12:13-20. 2 Glantz, S. "Smoke-Free Restaurant Ordinances Do Not Affect Restaurant Business. Period.," Journal of Public Health Management and Practice, (January 1999) Vol. 5, No. 1. 3 NYC Department of Finance, NYC Department of Health and Mental Hygiene, NYC Department of Small Business Services, NYC Economic Development Corporation, "The State of Smoke-free New York City: A One Year Review", March 2004, http://www.nLc.,QOV/html/doh/pdf/smoke/sfaa- 2004report.pdf. 4 Zagat, Press Release, "Zagat 2004 New York City Restaurant Survey Finds Local Dining Economy in Comeback Mode," October 20, 2003. 5 "Delaware's Clean Indoor Air Act: The 1 S` Anniversary Story," Delaware Division of Public Health and Delaware Division of Revenue, 2004. 6 Mandel, LL and Alamar, BC and Glantz, SA "Smoke-free law did not affect revenue from gaming in Delaware", Tobacco Control (2005); 14:10-12. 7 Bartosch, William, and Pope, Gregory, "The Economic Effect of Restaurant Smoking Restrictions on Rettuarant Business in Massachusetts 1992-1998: Final Report", Center for Health Economics Research, submitted to the Massachusetts Department of Public Health, November 27, 2000. 8 California State Board of Equalization, "Taxable Sales in California," http: //www.boe.ca. gov/news/tsalescont. htm. 9 State of California Employment Development department, Labor Market Information, "Employment by Industry Data," http//www.calmis.ca.~ov/file/indhist/cal$haw.xls. 10 (Smoking Laws No Drag on Profits -After ordinances, restaurant sales still climbing, study says by Laura Bell, Dallas Morning News, 4/25/02)