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Home My WebLink About2006-07-11 Support Documentation Town Council Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JULY 11, 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. ITEMlTOPIC: Citizen Participation. (10 min.) 2. John Power ITEM/TOPIC: Introduction of Jim Hervert from Public Works who is this year's recipient of the CIRSA Safety Champion Award. (5 min.) 3. ITEMlTOPIC: Consent Agenda. (5 min.) a. Approval of 06.06.06 and 06.20.06 Evening Session Minutes. 4. Judy Camp ITEMlTOPIC: Timber Ridge Financial Update. (20 min.) ACTION REQUESTED OF COUNCIL: Listen to report on Timber Ridge financial issues and provide feedback to staff on the Timber Ridge Affordable Housing Corporation (TRAHC) board. BACKGROUND RATIONALE: The rate cap on the Timber Ridge bonds expires on August 1, 2006. Given the recent continued acceleration in interest rates, it will be impossible to purchase a new cap at the same level as previously projected. STAFF RECOMMENDATION: None -information only. 5. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code; to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20%, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2006. BACKGROUND RATIONALE: On April 24, 2006, the Planning u and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to their suggested modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to the Vail Town Council, as modified by staff STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 17, Series of 2006, as presented. 6. Rachel Friede ITEMlTOPIC: Second reading of Ordinance 14, Series of 2006 (Housekeeping Ordinance). (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,. or deny Ordinance No. 14, Series of 2006 on second reading. BACKGROUND: The Town Council periodically approves Housekeeping Ordinances that clarify inconsistencies within specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. On June 20, 2006, the Town Council approved Ordinance 14, Series of 2006, with the modification of deleting the proposed text amendment to Section 12-13C-3, Conditional Uses, that would have allowed for ski lifts as a conditional use within the Natural Area Preservation District. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve .Ordinance No. 14, Series of 2006, on second reading. 7. George Ruther ITEM/TOPIC: Resolution No. 4, Series of 2006, a resolution amending Section 2.3.3 Stronger Economic Base Through Increased Live Beds, Chapter 4Recommendations-Overall Study Area, and Chapter 5 Detailed Plan Recommendations to establish policies for the preservation and enhancement of the number of live beads in LionsHead, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 4, Series of 2006. BACKGROUND RATIONALE: On June 26, 2006, the Town of Vail Planning & Environmental Commission held a public hearing on the proposed amendments to the LionsHead Redevelopment Master Plan. Following discussion on the amendments, the Commission voted 5-0-1 (Pierce recused) to forward a recommendation of .approval to the Town Council. In voting to recommend approval, however the Commission requested that e several modifications be made to the amendments. The modifications recommended by-the Commission are noted in blue text in the resolution. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 4, Series of 2006, as presented. g. ITEM/TOPIC: Town Manager's Report. (10 min.) g. ITEM/TOPIC: Adjournment. (7:30 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, JULY 18, 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. Vail Town Council Evening Meeting Minutes Tuesday, June 6, 2006 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Pro-Tem Farrow Hitt. Members present: Farrow Hitt, Mayor Pro-Tem Kim Newbury Mark Gordon Kevin Foley Greg Moffet Not Present: Kent Logan Rod Slifer, Mayor Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney The first item on the agenda was Citizen Participation. Joel Heath, Teva Mountain Games Owner/Organizer, reported the 2006 Teva Mountain Games at Vail were a huge success. Although spectator numbers had yet to be tabulated, participant registration had increased over 33% in a one year period. Heath was also encouraged by far- reaching and comprehensive media coverage. He then thanked Council for their support of the games and complimented town staff for doing an exceptional job of mitigating construction impacts. The second on the agenda was the Consent Agenda. a. Approval of 05.02.06 and 05.16.06 Minutes. Foley moved to approve the minutes without amendment with Moffet seconding. The motion passed unanimously, 5-0. The third item on the agenda was a Construction Update. Public Works Director Greg Hall reported construction continued on Gore Creek Drive, Vail Front Door, Vail Road, East Meadow Drive (One Willow Bridge and Sonenalp, streetscape and utilities) and the area surrounding the future Arrabelle at Vail Square in LionsHead, landscaping at the Tivoli Lodge, Lodge at Vail (deck), and Village Parking structure work continues (open by 06.23.06). Construction on the Four Seasons is pending. Recreation Path disruption is expected to continue through the summer. Hitt clarified there may be a chance East Meadow Drive would be close enough to completion to allow an early start for the Vail Farmers Market. The fourth item on the agenda was a presentation of the 2005 Audit Report. Camp introduced Michael Jinkens, partner with McMahon and Associates, the town's independent auditors. Jinkens provided highlights and an overview of the audit. The town received an unqualified/or clean opinion. "The numbers can be relied upon for decision making purposes." Hitt complimented the town's finance staff for their accurate and diligent work. The fifth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Planning and Environmental Commission's denial of a variance from Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1. On July 25, 2005, the PEC approved variances from Section 12-6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C=9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, ~to allow for a residential garage addition and elevator/entry addition at 1448 Vail Valley Drive. Planner II Bill Gibson reported Council "called-up" the PEC's decision at its August 2, 2005, public hearing. On September 6, 2005, Council upheld the setback variance and site coverage variance to accommodate the garage addition. However, Council denied the variance requests for additional site coverage and gross residential floor area to allow for .the elevator/entry addition. The applicant reapplied. for site coverage and gross residential floor area variances for the same elevator/entry addition denied by the Council last September. On April 10, 2006, the PEC' again denied the appellants' variance requests..: The appellants subsequently appealed this decision. The appellant is now requesting Council grant a continuance (i.e. table) this item to June 20, 2006; so the appellant may appear at the hearing in person. Representing the applicant, Rick Pylman reported the applicants were unable to attend the hearing. Council clarified the plans/project was identical to the initial application. John Schofield, adjacent property owner, asked Council to continue the application. Moffet moved to deny the application with Newbury seconding. The motion passed 3-2, with Gordon and Foley opposed. Moffet then moved to uphold the decision of the PEC, seconded by Newbury (both were amended). The motion passed 4-1, with Foley opposed. Schofield disagreed with Moffet's motion; stating the.application was not a request for special privilege.. Mire clarified- the town did not wave any defense regarding Res Judicata as it applies to this application. The sixth item on the agenda was Council out of cycle contribution requests for 2006 Budget and Financial Reporting Manager Kathleen Halloran explained the 2006 "out of cycle" contribution requests submitted to staff on/before May 24, 2006, for 2006 funding. Staff requested direction from Council regarding proposed contributions. The purpose of the mid-year review. is to provide an opportunity fore organizations that have newly identified projects or unforeseen changes to their budgets to come forward all at the same time. Council evaluates the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the town's mission, and how this contribution will affect our resort community's future health. Council's mission statement reads: In order to be the premier mountain resort community, we're committed to providing citizens and guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational, and cultural opportunities. A. Vail Valley Music Festival Bravo! Vail Valley Music Festival requested $50,000 to help fund travel, administration, marketing, advertising and promotional expenses that will occur in 2006 for the 2007 Philadelphia Orchestra -Vail Residency program. The program was not finalized until after the deadline for the original 2006 contribution requests. Historically, the town has contributed funding toward the Tier One New York Philharmonic / Vail program. Because this program was not finalized until after 2006 contribution requests, it falls within the criteria for "a newly identified project or unforeseen changes." Staff recommended funding this request based on the caliber. of this group and the fact that the Philadelphia Orchestra, although not perceived to be quite at the level of the New York Philharmonic, also resides in this Tier One category. The cultural benefit to the town and the tourist attraction of this event are also factors in staff's recommendation for funding. Newbury questioned where the Orchestra would be housed during their residency. Gordon and Merv Lapin clarified it was Bravo!'s intent to house the musicians in Vail proper. Moffet moved to include the request in the next supplemental appropriation with Gordon seconding. The motion passed 3-2, Newbury and Foley opposed. B. Vail Chamber & Business Association (VCBA) The VCBA requested $12,560 to fund attendance at the 2006 Colorado Snowsports Expo in Denver. This event was part of the original request to Council for 2006 contributions but was turned down at that time. Staff did not recommend funding this event for the following reasons: 1) it was already turned down by Council, 2) it did not meet the out-of-cycle funding request criteria of "newly identified projects or unforeseen changes to budgets" as a reason for the request, and 3) Vail is already represented at this event with attendance by Vail Resorts in partnership with Vail businesses and lodges. Newbury said Council needs to stick to its out-of-cycle funding criteria. Gordon asked to discuss the criteria at a future date. Representing the VCBA, Kaye Ferry emphasized the importance of the VCBA's attendance at the show and explained the funding request was caused by the Expo's registration requirements being out of sequence with out-of-cycle funding requests. VCBA Board Member Richard TenBraak, encouraged Council to sponsor the VCBA's attendance. Halloran reported she had verified other local Vail businesses participated with Vail Resorts at the expo. Moffet moved to deny the request with Hitt seconding. The motion failed, 2-3, with Newbury, Gordon and Foley opposed. Gordon moved to include the request in the next supplemental appropriation with Foley seconding. The motion passed 3-2, with Moffet and Hitt opposed. C. Vail Valley Athlete Commission The Athlete Commission requested $5,250 to increase the town's overall contribution up to $10,000 (current contribution is $4,750 annually). The Commission would like to expand the 2006 program to include an additional ten_ qualified athletes for this winter season that were not anticipated at the time of 2006 contribution requests. Staff recommended additional funding for this program in support of our athletes and for the international exposure for the town. Staff supported the planned expansion and would like to continue our positive partnership with the Vail Valley Foundation, Vail Resorts and the Beaver Creek Resort Company in this program. Camp clarified it was an expansion of the summer program. Moffet moved to include the request in the next supplemental commission with Foley seconding. The motion passed unanimously, 4-1, with Hitt opposed. D. Betty Ford Alpine Gardens The Alpine Gardens requested $10,000 in seed money to begin arenovation /replanting of the Meditation Garden. This is a capital project in addition to the normal operating budget. The Garden hosts thousands of visitors per year and has achieved world- premier status as a high altitude garden. Staff does not recommend funding this project because it is more appropriate for inclusion in the 2007 Contribution requests. It does not fit the criteria of "newly identified projects or unforeseen changes to budgets". Moffet moved to deny the project with Foley seconding. The motion passed unanimously, 5-0. During a pause for public comment, Rick Scalpello asked for decorative flags that used to be displayed in Lionshead and Vail Village to be displayed again. Hitt said town staff would investigate the possibility of the request. The seventh item on the agenda was the first reading of Ordinance No. 16, Series of 2006, An Ordinance Repealing Ordinance No. , 5, Series 2006, an Ordinance Establishing Special Development District No. 39, Crossroads, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12 zoning Title, Town Code of Vail Mire explained on March 21, 2006, Council adopted Ordinance No. 5, Series of 2006, an ordinance establishing SDD No. 39, Crossroads, (the "Crossroads Ordinance"). On April 27, 2006, and pursuant to Section 5.4 of 'the Charter, the Town Clerk certified as SUFFCIENT a referendum petition seeking reconsideration of the Cou.ncil's adoption of the Crossroads Ordinance, and if not so repealed upon reconsideration, that it be approved or rejected at a town election. Pursuant to Section 5.6(a) of the Charter, when a referendum petition has been finally determined sufficient the Council shall promptly reconsider the referred ordinance by voting its repeal. Foley moved to adopt the Ordinance. The motion failed for lack of a second. Merv Lapin encouraged Council to provide the public the courtesy to discuss the matter. The eighth item on the agenda was Resolution No. 9, a Special Election in the Town of Vail, Colorado Concern ng O~dinance Nol 5, Series) of 2006, an Ordinance Establishing SDD No. 39, Crossroads, Pursuant to Article A Special Development (SDD) District, Chapter 9, Title 12, Zoning Title, Town Code of Vail Mire explained on March 21, 2006, the Council adopted Ordinance No. 5, Series of 2006, an ordinance establishing SDD No. 39, Crossroads, (the "Crossroads Ordinance"). On April 27, 2006, and pursuant to Section 5.4 of the Charter, the Town Clerk certified as SUFFCIENT a referendum petition seeking reconsideration of the Council's adoption of the Crossroads Ordinance, and if not so repealed upon reconsideration, that it be approved or rejected at a Town election. The Council has failed to repeal the Crossroads Ordinance, and pursuant to Section 5.6(b) of the Charter, it is necessary for the Council to set a special election. Gordon explained a belief that it may be to easy to recall Council decisions. Mire reported the town would eventually incur between $30-40,000 worth of expenses for matters leading up to and holding an election . Moffet suggested a charter amendment be pursued in the November election to make recall referendums more difficult. Anne Reilly Bishop explained it was the right of the voter under the state constitution to repeal such legislation. Meer Lavin said what made Vail successful is the European alpine architecture, human scale, low density zoning in Vail Village and quality of skiing experience. Moffet stopped Lapin's comments as they were "campaign fodder." PEC Member Bill Jewitt said he looked forward to a vigorous and civil campaign. Andy Weissner suggested extraordinary steps be taken to appropriately identify the actual height of the proposed building. .Robert Aikens asked if absentee ballots would be available. Mire answered yes. Brent Martin supported Gordon and Moffet's comments regarding making the referendum process more difficult. Tom Steinburg complained the Mayor Pro-Tem was biased in his allowance of comments and said Mr. Knobel threatened the town. Moffet moved to adopt with Hitt seconding. The motion passed unanimously, 5-0. 4 The ninth item on the agenda was the First Reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments; Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20% On April 24, 2006, the PEC conducted a work session during which staff was directed to draft changes to their suggested modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to Council, as modified by staff. Upon the advice of Mire, Moffet moved to table the item until 06.20.06, with Gordon seconding. The motion passed 5-0. The tenth item on the agenda was Second reading of Ordinance No. 12, 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; zoning the area more commonly referred to as the "Front Door USFS land exchange parcel" to the Ski Base Recreation - 2 District (SBR-2). On May 8, 2006, the PEC held a public hearing on the request to amend the Official Zoning Map of the town. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the zoning requesf to Council. Due to a predetermined conflict of interest (Vail Resorts employment) Gordon recused himself from the item and left the Council Chambers. On May 16, 2006, Council approved Ordinance No. 12, Series of 2006 on first reading as presented. Moffet moved to pass the ordinance with Foley seconding. Foley asked that revegetation on the sight occur. Representing the Vail Village Homeowner's Association Jim Lamont offered support for the zoning. The motion passed unanimously, 4-0. The eleventh item on the agenda was the second reading of Ordinance No. 15, Series of 2006, AN ORDINANCE EXTENDING A MORATORIUM ON THE SUBMISSION AND PROCESSING OF BUILDING PERMITS AND LAND USE APPROVALS IN THE LIONSHEAD MIXED USE 1 AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS WHICH WOULD RESULT IN THE NET LOSS OF ACCOMMODATION UNITS, PARKING SPACES AND EMPLOYEE HOUSING UNIT. On April 18, 2006 Council adopted Ordinance No. 13, Series 2006 establishing a sixty (60) day moratorium on the submission and processing of building permits and land use approvals in Lionshead Mixed Use 1 and 2 zone districts. Because of procedural requirements and time necessary to effectuate the subject text amendments to Title 12, Vail Town Code, it will be necessary to extend the moratorium for an additional sixty (60) days. Moffet moved to adopt the Ordinance with Newbury seconding. The. motion passed unanimously, 5-0. The twelfth item on the agenda was RESOLUTION NO. 10, SERIES OF 2006. A RESOLUTION APPROVING THE FRONT DOOR DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF VAIL (THE `TOWN") AND THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN AND VAIL ASSOCIATES IN RELATION TO THE FRONT DOOR DEVELOPMENT SITE OWNED BY VAIL ASSOCIATES AND AFFILIATES. The town previously approved a development plan and design criteria proposed by Vail Associates for the intended development of the "Front Door" mixed-use real estate development project (the "Project'), the site of which is located in the Town of Vail to the south of the Lodge at Vail and the southerly end of Bridge Street and which borders and/or subsumes the Vista Bahn ski yard on the site's east side (the "Front Door Site"); The town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), and Vail Associates, on its own .behalf and on behalf of its applicable affiliates as the owners of the Front Door Site, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project, and the respective rights and responsibilities of the town and Vail Associates in connection with those matters. Council's approval and authorization of the Agreement satisfied certain conditions established by the PEC as part of its approval of the development plan for the Project. Due to a predetermined conflict of interest (Vail Resorts employment), Gordon. recused himself from the item and left the Council Chambers. Hitt attempted to clarify how much lead time would be required to host a special event on the area. Representing Vail Resorts, Jay Peterson said any events would probably be in conjunction with an on-mountain event (winter). Representing the VCBA, Kaye Ferry said she is not comfortable with what the town is receiving in terms of a special events venue. Moffet moved to adopt the resolution with the addition of language that stated prior to issuance to a Temporary Certificate of Occupancy (TCO) being, issued the town and Vail Resorts would complete a reasonably agreeable management plan for special events in the ski yard, to be completed December 6, 2006, with Newbury seconding. Foley said he would vote against the resolution because the employee housing requirements for the project were not adequate. Hitt emphasized the importance of having a housing conversation. PEC Member Bill Jewitt said a special events area at the Front Door was critical to the Front Door proposal approval when he served on Council. Representing the Vail Village Homeowner's Association, Jim Lamont emphasized collaboration and cooperation while discouraging relentless events that may cause "nuisance." Representing the Commission on Special Events (CSE), Sybil Navas said special events are critical to Vail. "I don't think we are ready yet to call ourselves a retirement community...We are still a resort and have an obligation to provide entertainment." The motion passed 3-1, Foley opposed. The thirteenth item on the agenda was Resolution No. 11, Series 2006, A Resolution Adopting the Multi-Jurisdictional All-Hazard Pre-Disaster Mitigation Plan for the Town of Vail. The U.S. Congress passed the Disaster Mitigation Act of 2000 ("Disaster Mitigation Act") emphasizing the need for pre-disaster mitigation of potential hazards. The Disaster Mitigation Act made available hazard mitigation grants to state and local governments. The amount of hazard mitigation grants available to state and local governments is contingent upon the adoption of an approved pre-disaster mitigation plan. The Town of Vail along with the Towns of Aspen, Snowmass Village, Basalt, Avon, Eagle, Gypsum, Minturn, Red Cliff, and Eagle County and Pitkin County, have developed a multi- jurisdictional pre-disaster mitigation plan designed to leverage their common characteristics and planning resources to better prepare for potential hazards. The town desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Multi-Jurisdictional All-Hazards Pre- Disaster Mitigation Plan for Pitkin and Eagle Counties dated June 1, 2005. Moffet moved to adopt the Resolution with Foley seconding. The motion passed unanimously, 5-0. The fourteenth item on the agenda was the Town Manager's Report. • Employee Down Payment Assistance Funding. Zemler reported the town's Down Payment Assistance Program has successfully assisted 27 employees in purchasing homes in the area. This program has contributed to a 50% reduction in turnover rates over the last four years. As demand for the program continues, additional funding will be needed to maintain the positive results. Since the program does not have a cost to the town (just a loss of potential interest earnings), it is a highly effective tool in employee recruiting and retention. Council was informed a request for an additional $50,000 to be added to the available pool would be made during 2007 budget discussion. Council encouraged Zemler to make the request in a second supplemental. Newbury suggested those who choose to reside in Vail be eligible for additional funds. • Meadow Drive /Farmers Market. Zemler said it may be possible to clear Meadow Drive of construction debris by JunelBcn to facilitate an early start for the Vail's Farmer's Market. The fifteenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding. The motion passed unanimously, 5-0 at approximately 9:30p.m. Farrow Hitt, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. . Vail Town Council Evening Meeting Minutes Tuesday, June 20, 2006 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately :6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Kim Newbury Mark Gordon Kevin Foley Not Present: Greg Moffet Staff Members: Stan Zemfer, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Rick Scalpello, on behalf of the Vail Farmers Market, thanked Council for allowing the Market to open one weekend early. Scalpello was especially grateful to the public works staff for their diligent efforts regarding the matter. Mark Goblowski, representing the Mountain West Chapter of the Carpenters Union, asked Council to consider adopting a policy that would discourage contract worker abuse (employers not providing workers compensation or adequately filing tax requirements). He said illegally hired contract labor is not fair to contractors who "do•the right thing." Farrow Hitt thanked the Vail Recreational District (VRD) for what it has provided for youth in the town. `They really raised the bar for the level of camps for our kids in the valley." . The second item on the agenda was acknowledgement of Vail America Days sponsors- -Millennium Bank and The Gallegos Corporation. Millennium is entering its second year as the Presenting sponsor of the event. The Gallegos Corporation has been a community sponsor for several years. Assistant Town Manager Pam Brandmeyer introduced Jeff Halverson from Millennium Bank. He said his company was happy to sponsor an event that was so special to the community. Glenn Gallegos representing Gallegos Masonry was unable to attend the meeting. The third item on the agenda was the Consent Agenda. 2006 Election Judge Appointments for the July 11, 2006 Special Municipal Election. By Colorado State Statute, each polling place must have a minimum of three judges to assist with municipal elections. The Town Clerk requested the appointments of Karen Morter, Mary Jo Allen, Holly Cole, Mary Caster, Mary Ann .Best, and Summer Holm to be .the Town of Vail election judges. Newbury moved to approve the consent agenda with Foley seconding. The motion passed unanimously, 6-0. The fourth item on the agenda was an appointment to the Vail Local Marketing District Advisory Council (VLMDAC) board. Council interviewed the Vail Local Marketing Board Advisory Council (VLMDAC) applicant at the work session and appointed the lone applicant, Laurie Mullen, to fill a vacancy on the VLMDAC (terms expire December 31, 2007) at the evening meeting. Hitt made the motion with Foley seconding. The motion passed unanimously, 6-0. The fifth item on the agenda was the results of VRD/TOV Recreation Master Plan Assessment Research. Results from the Vail Recreation District (VRD) and Town of Vail citizen survey and focus groups, which evaluated park and recreation services within the Vail community, were presented by Kris Dropinski with Green Play, LLC. to the Council and VRD Board of Directors. Green Play is the consultant performing the assessment and assisting in the development of a recreation master plan for Vail. The survey and focus groups measured the extent to which Vail's parks, trails, recreation facilities, programs and activities meet the needs of the community, plus the frequency of use of Vail's and .other county-wide recreation facilities and programs, and also measured information on the community's perception of needs for future facilities, amenities and programs. Six focus groups were held with 54 participants, while 2,500 surveys were mailed to full-time and part-time residents. Dropinski presented, key findings from the survey and focus groups that included the need for a wide variety of recreation resources and opportunities, .the need to increase partnerships and programming, a lack of indoor recreational facilities, need for improvements to existing facilities, increased public involvement and feedback regarding recreational funds, increased community awareness and marketing of recreation programs and a need for improved parking options at recreation facilities. The surrey reported that Ford Amphitheater and Betty Ford Alpine Gardens have the highest frequency of use, followed by Vail Mountain, Donovan Pavilion and neighborhood parks. Highlights of the survey also included a need to improve the Vail Golf Course, and to improve or expand individual recreational offerings in Vail, a need for awellness/recreation center and a need for an aquatic center/swimming pool facility. VRD Member Scott Proper asked Dropinski why participants were asked about their willingness to vote in favor of a tax increase for recreational uses. Dropinski explained the question is standard for such studies. Logan questioned the lack of reported support for a skateboard park. Dropinski responded that skatepark users are a minority user group and potentially under represented in the survey. Logan also questioned the lack of responses indicating a desire for more ice skating opportunities. Proper said the VRD had extensively researched demand for ice time in Vail and results showed during peak hours four to five sheets of ice could be utilized, but during non-peak hours there was less demand for ice time. Representing the Vail Village Homeowners Association, Jim Lamont said the statistical sample used under represented part-time residents and he cautioned the master planning process if presented data was to be used. Jim Brandmeyer, Executive Director of the Betty Ford Alpine Gardens, said he was glad the gardens were mentioned quite frequently in the report. Brandmeyer also noted during the focus group he had participated in, respondents expressed interest in maximizing-the full potential of Dobson Arena. The sixth item on the agenda was the Town of Vail /Cascade Village Metropolitan District Intergovernmental Agreement. Town Attorney Matt Mire asked Council to approve an Intergovernmental Agreement ("IGA") between the Town of Vail and Cascade Village Metropolitan District (CVMD) regarding cost sharing for the Westhaven Drive Pedestrian Bridge and for construction, ownership, and future maintenance of the Gore Valley Trail through Cascade Village. In March of 2003, the Public Works Department contacted the CVMD to discuss ownership, maintenance, and easement issues with regard to the public recreation path through Cascade Village. The path, now known as the Gore Valley Trail, was an original approval requirement of Special Development District 4 (Cascade Village); however, at that time no easements or maintenance agreements were ever executed with the town. The initial goal was to consolidate the access easements and develop a maintenance agreement whereby CVMD would contribute toward path improvements and the town would then take over future maintenance of the path. At the same time, CVMD had been discussing several capital improvement projects in the area and was considering the possibility of seeking financial assistance from the Town for improvements to Town-owned facilities. In June of 2005, Council agreed to assist with funding for two bridge projects in Cascade Village, however due to cost increases, CVMD is moving forward with only the widening of the Westhaven Drive Pedestrian Bridge. As part of the initial approval for funding, CVMD has acquired a signed Recreation Path Easement and Maintenance Agreement for each property crossed by the Gore Valley Trail with the exception of the Westhaven Condominiums. Execution of the agreement is a condition of final approval and Certificate of Occupancy for the project. Once all recreation path construction is completed, the path will be surveyed and each of the documents can be executed and recorded, most likely by the end of July 2006. Logan moved to approve the agreement with Foley seconding. Hitt asked why the recreation path behind the Donovan Pavilion was not maintained. Hall stated he would investigate the matter as safety concerns (ice build-up) presently existed. The motion passed unanimously, 6-0. The seventh item on the agenda was the 2006 Roadway Maintenance Project. Town Engineer Tom Kassmel asked Council to authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2006 Roadway Maintenance Project for an amount of $796,738.60. Staff received one bid from 6&B Excavating for the 2006 Roadway Maintenance Project. The project consists of a maintenance asphalt overlay on portions of roads in East Vail, drainage improvements and an asphalt overlay on Arosa Drive, Davos Trail, Garmisch Drive and a portion of Chamonix Lane. Hitt moved to approve the agreement in a form approved by the Town Attorney with Logan seconding. The motion passed unanimously, 6-0. The eighth item on the agenda State of Vail Report/Vail Vision and Community Plan Forrest asked Council to table the item until July 18, 2006. Gordon moved to table the item until July 18, 2006 with Hitt seconding. The motion passed unanimously, 6-0. The ninth item on the agenda was the First Reading of Ordinance 14, Series of 2006, an ordinance amending Section 12-7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures used more than 7 days as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of an employee housing plan as a mitigation of development impacts; Section 12-8C-3, Conditional Uses, to allow for ski lifts as a conditional use of the Natural Area Preservation District; Subsection 12-18- 56, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; and Chapter 14- 6, Grading Standards, to clarify requirements for retaining walls, Vail Town Code. Planner Rachel Friede explained Council periodically approves housekeeping ordinances that clarify inconsistencies with specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. On June 12, 2006, the PEC forwarded a recommendation of approval to Council for the proposed text amendments identified in Ordinance No. 14, Series of 2006. Gordon inquired about the necessity of permits for tents. PEC Member Bill Jewitt explained temporary tents would not have to go through the onerous conditional use permitting process. Hitt questioned allowing. ski lift towers on Natural Area Preservation Zone District. Forrest said the goal of the ordinance was to make town zoning more consistent. Moffet moved to approve the ordinance striking language that would allow ski lifts on Natural Area Preservation Zone District with Newbury seconding. Mire asked Hitt if he would amend his' motion to include the findings in the staff memorandum. The motion and second were subsequently amended. The motion passed unanimously, 6-0. The tenth item on the agenda was the First Reading of Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20%. On April 24, 2006, the PEC conducted a work session during which staff was directed to draft changes to their suggested modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment, as modified by staff. Earlier in the day staff had asked Council to table the item at the request of the applicant (he was not able to be in attendance). Newbury moved to table the ordinance until July 11 with Hitt seconding. The motion passed unanimously, 6-0. The eleventh item on the agenda was the Town Manager's Report. The Vail Police Department's Annual Report for 2005 was included in the Council packet. Council was informed to contact Chief Dwight Henninger if .they had any questions or comments. • Zemler announced the Colorado Department of Transportation had scheduled maintenance work to improve the Vail Pass recreation trail. The twelfth item on the agenda was Adjournment. Foley moved to adjourn with Hitt seconding. The motion passed unanimously, 6-0. Rodney E. Slifer, Mayor ATTEST: 4 Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. MEMORANDUM To: Town Council From: TRAHC Board Subject: Financial Update Date: July 5, 2006 As you know, Timber Ridge Affordable Housing Corporation has $19,025,000 in outstanding debt with interest paid at a variable rate. One of the terms of the letter of credit with US Bank guaranteeing payment of the bonds is a rate cap contract. When the bonds were issued, TRAHC acquired a 4.0% rate cap for a period of three years. The rate cap expires on August 1, 2006 and TRAHC is required to procure a new cap. Because of the rise in interest rates since the initial cap was purchased, the new cap and therefore, the interest cost, will be higher than the initial 4%. TRAHC has placed $90,000 in escrow to purchase the rate cap. We are attaching a pro forma cash flow reflecting the impact of purchasing a new rate cap for two years at 5%. We have chosen two years based upon our expectation that something will be done with the property by that time. We compared the cost/benefit of 5.0% and 5.5% caps and determined the lower rate cap is better. The cost of the cap is an estimate only since costs change daily. Current costs for rate caps are favorable due to sentiment in the bond market, which expects an August increase in fed fund rates to be the last. The cost of the cap is expected to be significantly less than the amount escrowed and US Bank has agreed to apply the remaining balance in escrow to future required escrow payments. We plan to use Piper Jaffray as our broker and they will bid out the cap to several rate cap providers to get us the best cost possible. Based upon current estimates, annual cash flow from operations will cover costs in 2006, but not in subsequent years. Because of the cash deficit and the current demand for affordable rental units, we are considering remediation of 18 additional units and have shown the potential impact of that remediation on the bottom of the attached pro forma. We estimate a 9 month pay back and approximately $220,000 incremental cash through April, 2008 from remediation of 18 units. US Bank has agreed to release $180,000 from the existing replacement reserve to fund remediation. Again, costs are an estimate only at this time until we obtain firm bids. Based upon discussions with potential lessees, we believe all 18 units could be rented as soon as remediated and have assumed October 1 rentals at $1,300 per unit for the pro forma. 060711 RateCapandRemediation TIMBER RIDGE AFFORDABLE HOUSING CORPORATION PRO FORMA CASH FLOW 2005 Actual 2006 2007 2008 Rate Cap 5.0°~ 5.0% 5.0% 2 year cap cost 32,000 Unrestricted Cash Balance 14,801 ~ 161,345 245,834 142,073 RENTAL AND OTHER MISCELLANEOUS INCOME 1,725,956 2,029,850 2,058,350 514,588 EXPENSES Operating/Owner Expenses 545,746 562,100 578,963 198,777 Mold Remediation 369,502 Subtotal 915,248 562,100 578,963 198,777 Debt Service LOC Fees due quarterly 310,022 242,760 242,760 80,920 Remarketing Fees - George K Baum 23,781 23,780 23,780 7,927 TOV Interest Series A -Variable Rate Interest 625,823 808,563 951,250 317,083 Series B Interest 90,260 82,813 74,063 21,667 Series B Principal 130,000 140,000 145,000 - Subtotal 1,179,886 1,297,916 1,436,853 427,597 Reserves Bond Reserve Fund Replacement Reserve Fund 94,278 98,345 101,295 Rate Cap Escrow Fund 90 000 45,000 45,000 (90,000) Subtotal 184 278 143,345 146,295 (90,000) Total Cash Outflow 2,279,412 2,003,361 2,162,111 536,374 Cash Deficit for the period ~ (553 456) 26,489 (103,761) (21,787) Release of excess rate cap reserve 58,000 TOV loan 700,000 Ending Unrestricted Cash Balance without Remediation 161,345 245,834 142,073 120,287 REMEDIATION OF ADDITIONAL 18 UNITS Unrestricted Cash Balance From Remediation -Beginning Remediation costs Rental starting Oct 2006 1,300 Incremental management fee Incremental costs water Incremental trash Cash cost/Generated from Remediation Cash Released from Replacement Fund Unrestricted Cash Balance from 18 Units After Funding -Ending Ending unrestricted cash balance including 18 additional units remediated Cumulative - 63,389 316,890 (180, 000) (180,000) 66,300 265,200 88,400 419,900 (2,447) (9,789) (3,361) (15,597) (464) (1,910) (656) (3,030) (116,611) 253,501 84,383 221,273 180,000 63,389 316,890 401,273 309,223 458,963 521,560 Assumes 3% annual increases in costs Assumes 95 Vail Resorts units increase to $1,100 in October 2006 Assumes property is disposed of April 30, 2008 C:\DOCUME-1\ADMINI-1\LOCALS-1\Temp\TRAHCRateCapAnalysiSensitivity 7/6/2006 ~„ MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 11, 2006 SUBJECT: Ordinance No. 17, Series of 2006, an ordinance amending Section 12-21- 14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to increase the amount of allowable site coverage on lots with excessive slopes, from a maximum of 15% to a maximum of 20%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Steve Isom ' Planner: Matt Gennett I. DESCRIPTION OF THE REQUEST ~--•~=~K: :-4r-.~_ The applicant, Helmut Reiss, is requesting to amend Section 12-21-14E, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, which further restricts site coverage on lots with average slopes in excess of 30% within four of the nine residential zone districts established in Chapter 12-6, Residential Districts, Vail Town Code, to a maximum of 15% of the total site area, instead of the standard 20% maximum. The rationale behind the applicant's request is to allow for greater flexibility in the design and construction of residences on steep hillsides. II. BACKGROUND On April 24, 2006, the Planning and Environmental Commission (PEC) conducted a work session during which staff was directed to draft changes to their recommended, modified version of the applicant's proposed text amendment. On May 8, 2006, the PEC recommended approval of the proposed text amendment to the Vail Town Council, as modified by staff. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 17, Series of 2006, on first reading to amend Section 12-21-14E, Vail Town Code; to allow the maximum site. coverage to increase from 15%- to 20% in specific zones on excessive slopes, but with a maximum of 60% site disturbance, and setting for details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in Section IV of the May 8, 2006, Planning and Environmental Commission staff memorandum,, and the evidence and testimony presented herein. 1 ,~. Should the Vail Town Council choose to approve Ordinance No. 17, Series of 2006, on first reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; 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. IV. ATTACHMENTS Attachment A: Ordinance No. 17, Series of 2006 2 1 ATTACHMENT A ORDINANCE N0.17 Series of 2006 AN ORDINANCE AMENDING SECTION 12-21-14E, RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENTS, VAIL TOWN CODE, TO ALLOW FOR AN AMENDMENT TO INCREASE THE AMOUNT OF ALLOWABLE SITE COVERAGE ON LOTS WITH EXCESSIVE SLOPES, FROM A MAXMIMUM OF 15% TO A MAXIMUM OF 20%, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on April 24, 2006, and again on May 8, 2006, following which the Commission forwarded a recommendation of approval with staffs recommended modifications to the Vail Town Council based on the criteria and findings presented in the staff memorandum; and WHEREAS, staff is recommending additional text amendments, found in Section 1 of this ordinance, as a result of the analysis performed for the original text amendment request submitted by the applicant; and WHEREAS, the third Guideline under Section 12-11-1, Vail Town Code, states the following intent: "prevent the unnecessary destruction or blighting of the natural landscape"; and WHEREAS, the Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves 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; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consisterit with municipal development objectives; and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt this amendment to the Vail Town Code. Ordinance No. 17, Series 2006 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The proposed text amendments are as follows: (Deletions are shown in ~k~reeg#-i/additions are shown bold) Section 12-21-14E: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES: 0 , ° ~-1. Not more than ten percent (10%) of the total site area •may be covered by driveways and surface parking: _~..._.. 2. In orderto protectthe natural land form and vegetation on steep slopes, not more than sixty percent (60%) of the total site area may be disturbed from present conditions by construction activities. The Design .Review Board {DRB) may approvesite disturbance in excess of the sixty percent (60%) maximum if specific design criteria warrant the extent of the requested deviation. Section 2. If any part, section, subsection, sentence, clause or phrase ofthis 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 No. 17, Series 2006 2 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 Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor anyother action or proceeding as commenced under or byvirtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless e~ressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof inconsistent herewith are repealed to the event only of such inconsistency. This repealer~'shall ---.~_~ of.y;~g;~~,;3~ not be construed to revise any bylaw, order.,.resolution or ordinance, or part the~eo~!theretafgee;~~~;*ri~Jl4,:" ` repealed. ~ti-_.:: INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 11th day of July, 2006 and a public hearing for second reading of this Ordinance set for the 1 St day of August, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 17, Series 2006 3 MEMORANDUM TO: Vail Town Council FROM: Rachel Friede, Department of Community Development DATE: July 11, 2006 SUBJECT: Second Reading of Ordinance No. 14, Series of 2006 (Housekeeping Ordinance) I. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a second reading of Ordinance 14, Series of 2006 (Housekeeping Ordinance), an ordinance amending Section 12-7H-5,. Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal uses or structures utilized for more than fourteen (14) days as a conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of an employee housing plan as a mitigation of development impacts; Subsection 12-18-5B, Density Control; to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for. access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls, Vail Town Code. II. BACKGROUND. The Town Council periodically approves Housekeeping Ordinances that clarify inconsistencies within specific code sections, many of which have occurred through zoning code amendments, changes in procedures, or errors in codification. On June 12, 2006, the Planning and Environmental Commission forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 14, Series of 2006. The modifications made by PEC were outlined in the June 20, 2006 Staff memorandum to the Town Council. On June 20, 2006, the Town Council approved Ordinance 14, Series of 2006, with the modification of striking proposed text amendment to Section 12-8C-3, Conditional Uses, that would have allowed for ski lifts as a conditional use within the Natural Area Preservation District. Since the first reading of Ordinance 14, Series of 2006, Staff has added three minor text amendments to the second reading. The first change is in Section 2 of the ordinance. The first reading of Ordinance 14, Series of 2006 included adding "seasonal uses or structures utilized for more than seven (7) days" as a conditional use within the LMU-1 District. The PEC added the language "more than seven (7) days" to differentiate from situations that fell under a special events permit. However, StafiF has consulted the Commission on Special Events and has found that fourteen (14) days would be more sufficient to cover all those tents and other structures that would fall under a special events permit. The next change was to Section 4 of the ordinance, and further clarifies Subsection 12-18-5B, the regulation that does not allow an increase in GRFA for nonconforming structures. The term "enlarged" was misleading and Staff recommends changing this word to "modified;" which will be more clear to applicants. The last addition in the second reading of Ordinance 14, Series of 2006 is in Chapter 14-3, outlined in Section 5 of the Ordinance. Staff has added "and commercial" (in bold) to the following sentence: "This section (Tables 1 and 2) specifies the access, driveway and parking standards for residential and commercial development." .This change is necessary to keep the text above the table consistent with the changes made to Table 1. III. STAFF RECOMMENDATION The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 14, Series of 2006, on second reading, to amend Section 12- 7H-5, Conditional Uses; Generally (On all Levels of a Building or Outside of a Building), to allow for seasonal use or structures utilized for more than fourteen (14) days as a. conditional use in Lionshead Mixed Use I District; Section 12-7H-18, Mitigation of Development Impacts, to clarify the inclusion of an employee housing plan as a mitigation of development impacts; Subsection 12-18-5B, Density Control, to clarify limitations on structures which do not conform to density controls; Chapter 14-3, Residential Access, Driveway and Parking Standards, to clarify standards for access, driveway and parking for commercial properties; and Chapter 14-6, Grading Standards, to clarify requirements for retaining walls, Vail Town Code, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in Section VII of the June 12, 2006 Planning and Environmental Commission staff memorandum, which was distributed to Town Council at their June 20, 2006 meeting, and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 14, Series of 2006, on second reading, the Department of Community Development recommends the Town Council make the following findings: That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendments further the general and specific purposes of the Zoning Regulations and the Development Standards Handbook; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS A. Ordinance No. 14, Series of 2006, Second Reading (Housekeeping Ordinance) Attachment A ORDINANCE NO. 14 SERIES OF 2006 AN ORDINANCE AMENDING SECTION 12-7H-5, CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING), TO ALLOW FOR SEASONAL USES OR STRUCTURES USED MORE THAN FOURTEEN (14) DAYS AS A CONDITIONAL USE IN LIONSHEAD MIXED USE I DISTRICT; SECTION 12-7H-18, MITIGATION OF DEVELOPMENT IMPACTS, TO CLARIFY THE INCLUSION OF AN EMPLOYEE HOUSING PLAN AS A MITIGATION OF DEVELOPMENT IMPACTS; SUBSECTION 12-18-5B, DENSITY CONTROL, TO CLARIFY LIMITATIONS ON STRUCTURES WHICH DO NOT CONFORM TO DENSITY CONTROLS; CHAPTER 14-3, RESIDENTIAL ACCESS, DRIVEWAY AND PARKING STANDARDS, TO CLARIFY STANDARDS FOR ACCESS, DRIVEWAY AND PARKING FOR COMMERCIAL PROPERTIES; AND CHAPTER 14-6, GRADING STANDARDS, TO CLARIFY REQUIREMENTS FOR RETAINING WALLS, .NAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its June 12, 2006 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general and specific purposes of the Zoning Regulations and the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and Ordinance No. 14, Series of 2006 WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations and the Development Standards Handbook; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town !n a manner that conserves and enhances its natural environment and its established character as a .resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this housekeeping ordinance is to clarify text and correct errors in codification in the Vail Town Code. (Text that is to be deleted is s#isker~. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12-7H-5 is hereby amended as follows: Section 12-7H-5: Conditional Uses; Generally (On All Levels Of A Building Or Outside Of A Building): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of Phis Title. Brew pubs. Coin operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations: Two-family residential dwellings. . Additional uses determined to be similar to conditional uses described in this Section, in accordance with the provisions of Section 12-3-4 of this Title. Ordinance No. 14, Series of 2006 Section 3. Section 12-7H-18 is hereby amended as follows: Section 12-7H-18: Mitigation of Development Impacts: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases, mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: inclusion of an employee housing plan, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large-scale redevelopment/development projects which produce substantial off site impacts. Section 4. Subsection 12-18-5B is hereby amended as follows: 8. .Density Control: Structures which do not conform to density controls (includes GRFA and dwelling units/acre) maybe epla~ed modified, only if fhe total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of fhe preexisting nonconforming structure. Section 5. Chapter 14-3 is hereby amended as follows: Chapter 3. Residential and Commercial Access, Driveway and Parking Standards This section (Tables 1 and 2) specifies the access, driveway and parking standards for residential and commercial development. These standards are subject to all conditions and exceptions described herein. These standards shall be considered the minimum standards. When two or more standards conflict, the more restrictive standard shall apply. Table 1: Driveway/Feeder Road Standards Single-family, Two-family, Multiple Family Multiple Family and Primary/Secondary -access to 4 to 11 dwelling Commercial -access to not more than 3 units -access fo more than 11 Standard dwelling units (including EHUs) -feeder road only dwelling units and/or -structures and all portions thereof commercial properties within 150' from edge of street -feeder road only avement Driveway/Feeder Road Ordinance No. 14, Series of 2006 Min. Width 12' 20' 22' Normal -Access from feeder road -Access from feeder to units (Detail 1) to units shall comply with shall comply with single- . single-family requirements family requirements contained herein contained herein Min. Width 15' 24' 24' 90° corner (cross-over) Detail 2 Min. Width 16' 24' . 28' Entrance/Curb-cut (flare to 16') (flare to 24' with 10' curb- (flare to 28' with 15' curb- Detail 1 return radius return radius Max. Width 24' head in 36' 36' Entrance/Curb-cut 48' back out (Detail3 Min. Grade 0.5% 0.5% 0.5% Centerline Detail 4 Max. Grade 10% unheated 9% unheated 9% unheated Centerline 12% heated 12% heated 12% heated (Detail 4) 16% heated and engineered with flat recove areas Max. Grade 8% unheated 8% unheated 8% unheated Centerline 12% heated 12% heated 10% heated Corner/Cross-over Detail 2 Max. cross-slope grade 8 % 8 % 8 Detail 1 Entry angle 45° 70° 70° min. deflection for first 30' of driveway length Detail 5 Max. centerline break-over 14% 6% 4% grade Detail 6 Max. grade at edge of 8% 6% 4% public road asphalt . Detail 4 Max. length of max. grade 10' 15' 30' at edge of public road asphalt , Detail 4 Min. centerline turning 20' 30' 40' radius Detail ? Section 6. Chapter 14-6 is hereby amended as follows: Chapter 14-6: Grading Standards Retaining Walls (General) - All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography and the Ordinance No. 14, Series of 2006 materials in use. Retaining walls shall not exceed an exposed face height of six (6) feet. Within a front setback, retaining walls shall not exceed an exposed face height of three (3) feet, unless related fo access to a structure constructed on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of-way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board. Retaining walls shall be located a minimum of two (2) feet from adjacent private property boundaries and should be ten (10) feet from the edge of a public street unless otherwise approved by the Town Engineer. All retaining walls over four (4) feet in height, measured from the bottom of a footing to the fop of wall as per the adopted Town of Vail Building Code, shall be engineered and stamped by a licensed Colorado Professional Engineer (P.E. stamp) T ^~~~-~ ° O C. Cf~mn except in the right-of--way, where retaining walls over three (3) feet in height, measured in the same manner, shall require a P.E. Stamp. All retaining walls requiring a P.E. stamp shall be required to submit and have approved, prior to Building Permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include P.E. stamped plans, and P.E. stamped typical details with all engineering design parameters and calculated Factor of Safety provided on the details. Plans and.defails shall be cross-referenced. Section 7. 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 8. 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 9. 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 Ordinance No. 14, Series of 2006 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 10. 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 20th day of June, 2006, and a public hearing for second reading of this Ordinance set for the 11`h day of July, 2006, 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 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 11`h day of July, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 14, Series of 2006 6 RESOLUTION NO. 4 Series of 2006 A RESOLUTION AMENDING SECTION 2.3.3 STRONGER ECONOMIC BASE THROUGH INCREASED LIVE BEDS, CHAPTER 4RECOMMENDATIONS-OVERALL STUDY AREA, AND CHAPTER 5 DETAILED PLAN RECOMMENDATIONS TO ESTABLISH POLICIES FOR THE PRESERVATION AND ENHANCEMENT OF THE NUMBER OF LIVE BEDS IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council (the "Town Council") adopted. the Lionshead Redevelopment Master Plan (the "Master Plan"); and WHEREAS, the Master Plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead Study Area; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, pursuant to Section 2.8 of the Master Plan, the Town of Vail Community Development Department has proposed an amendment to the Master Plan; and WHEREAS, the Town of Vail Planning & Environmental Commission has held a public hearing on the proposed amendment on June 26, 2006, and has forwarded a recommendation of approval with modifications of the amendment to the Town Council; and WHEREAS, the purpose of this amendment is to establish policies for the preservation and enhancement of the number of live beds in Lionshead; and WHEREAS, the Town Council finds that the proposed amendment improves and enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in I `1 ~ JCL ~ ~'~ ': ~.s';.°=~ (additions) and -: ?" ~ Wit- i~:!~~_rr~~ (deletions). Modifications to the amendments as requested by the Town of Vail Planning & Environmental Commission are shown in blue and ~e ~h Policy Objective 2.3.3 -Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds") through new lodging products. ,;s Inc ~f~:; beds are :test cescribed as res~uer;~;~.i ar lodging rooms or units lhai a,,~ c~esigne~i ua occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. Chapter 4Recommendations-Overall Study Area Note: According to Chapter 4 of the Master Plan, "This section of the master plan addresses issues that affect Lionshead as a whole. These issues -and recommendations to address them -should be considered in all planning and policy decisions as Lionshead redevelops. " 4.13 Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Montaneros, all of which have some form of rental/property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. 2 Applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. 4.13.1 Live Bed Definition Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families, on a short term rental basis. A live bed may include the following residential products: accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e., lock-off units), and dwelling units which are included in a voluntary rental management program and available for short term rental. 4.13.2 Location of Live Beds Live beds should be located in Mixed Use 1 'and 2 zone districts developing or redeveloping and Lionshead pursuant to the Lionshead All properties within Lionshead, when providing new residential or lodging as defined herein. 13.3 Review of New Development and Redevelopment Projects The Planning and Environmental Commission shall consider the policies and direction given by this Plan with respect to live beds when reviewing new development and redevelopment projects in Lionshead. Applications for new development or redevelopment w#i~ shall maintain~reee~~ ^^~ °^~^^^° the live bed base in Lionshead. Applications for new development and redevelopment which enhance the live bed base have a significantly greater chance of approval in the development review process than those which do not. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 5.13 The Marriott With approximately 276 rooms, the Marriott is the I arc, st supply of hot beds in Lionshead. The single largest structure in Lionshead, it is also very visible, especially from the west. It is consequently a high priority renovation project, and all reasonable measures should be taken by the Town of Vail to encourage and facilitate its enhancement. Specific issues regarding this property are as follows: 5.13.1 Redevelopment or Development of the Parking Structure The best opportunity for new development on the Marriott property is the existing parking structure (figure 5-17). If this site is developed, attention should be given to the relationship between the development, Gore Creek, the Gore Creek recreation path, and the west day lot. Vertical development should step back from the recreation path, and there should be a clear separation (most likely a landscape buffer) between the public space of the recreation path and the private space of the residential units. 3 5.13.2 Infill Opportunities There are several tennis courts on the south side of the Marriott. This area. presents an opportunity for low-rise infill development that eases the visual and physical transition from the existing structure to the Gore Creek recreation path. 5.13.3 Opportunities for Facade Renovation Exterior renovation of the Marriott is a community priority, but the size and dimensions of the structure present a challenge, and it is unlikely that the architectural design guidelines (see chapter 8) can be fully met. However, this should not discourage exterior renovation, and the Town of Vail Design Review Board should insure that the intent of the guidelines is met. (This is a basic premise of the architectural design guidelines, relevant to all existing buildings in Lionshead.) 5.13.4 West Lionshead Circle in Front of the Marriott Any future development or redevelopment of the Marriott property should include a continuous secondary pedestrian walk on the south side of West Lionshead Circle. A pavement snowmelt system is strongly recommended because of icing problems on the walkway in winter. 5.13.5 Preservation of Existing Accommodation Units The Marriott presently contains 276 short term accommodation units. In addition, the Marriott also contains a restaurant, lounge, spa, and meeting space facilities incidental to the operation of the hotel. Given the importance and need for short term accommodations to the vitality and success of the community, any future redevelopment of the site shall ensure the preservation of short term accommodation units on the site. The preservation of short term accommodations should focus on maintaining the number of existing hotel beds and the amount of gross residential square footage on the site as well as requiring the preservation of 276 accommodation units. With this in mind, the quality of the existing accommodation unit room could be upgraded and the rooms could be reconfigured to create multi-room suites. In no instance, however, should the amount of gross residential floor area devoted to accommodation units be reduced. In fact, opportunities for increasing the number of accommodation units beyond the existing 276 units already on-site should be evaluated during the development review process. For example, the construction of "attached accommodation units", as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. 5.15 Lionshead Inn, a/aiigle Lionshead Annex, Enzian Cluster Redevelopment and/or enhancement of the buildings in this cluster at West Lionshead Circle and South Frontage Road (see figure 5-19) is encouraged. 5.15.1 The Pedestrian Street The existing structures are recessed from the street, elevated above it, and separated from it by surface parking lots. To improve the pedestrian character of the neighborhood, a better relationship with the street is 4 desirable. The principal objective for redevelopment in this area is to engage the surrounding pedestrian environment, either by adding building elements toward the street or by lowering the finish grade at the entries so that they are closer to the level of the street. 5.15.2 Access and Street Frontage The existing accesses into these properties should be adjusted to align with the opposing curb cuts on the east side of West Lionshead Circle. The street edge should be strengthened for pedestrian use with landscaping, enhanced signage, and retaining walls as described in the site design guidelines, chapter six. The Lionshead Inn i ~-~ secured a permit ~, r~ _._ ~~"~~: ~ ~ ~~-<°.~~~=~~~ to add another vehicular access point from the South Frontage Road, and the property owner is encouraged to r :r:~_~~: `~~ _.~~ ~ - opportunity to screen the surface parking lot on the north and regrade the lot to reduce the significant cross-slope. 5.15.3 Building Height Because it sits considerably above the frontage road, the Lionshead Inn is encouraged to explore a ground level or lower floor infill solution if development scenarios are pursued. Additional building height, if proposed, must conform to the design guidelines. 5.15.4 Preservation of Existing Accommodation Units The Lionshead Inn and ~a+4g4e-Ledge Lionshead Annex presently contain 85 accommodation units. Given the importance and need for ~ live beds to the vitality and success of the community, any future redevelopment of the sites shall ensure the preservation of short term accommodation on the site. The preservation of short term accommodations should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing accommodation unit rooms could be upgraded and the rooms could be reconfigured to create multi-room suites. In no instance, however, should the amount of gross residential floor area devoted to accommodation units be reduced. In fact, opportunities for increasing the number of live beds beyond the existing 85 units already on- site should be evaluated during the development review process. For example, the construction of "attached accommodation units", "lodge dwelling units", "timeshare units", "fractional fee club units", and dwelling untis in a voluntary rental program, as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. 5 INTRODUCED, READ, APPROVED AND ADOPTED this 11th day of July, 2006. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk 6 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 22, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of amendments to the Lionshead Redevelopment Master Plan, pursuant to Chapter 2, Section 2.8, Lionshead Redevelopment Master Plan, to amend Section 2.3.3 Stronger Economic Base Through Increased Live Beds, Chapter 4 Recommendations-Overall Study Area, and Chapter 5 Detailed Plan Recommendations of the Lionshead Redevelopment Master Plan to establish policies for the preservation and enhancement of the number of increased live beds in Lionshead, and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruther DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a public hearing with the Town of Vail Planning & Environmental Commission to present amendments to the Lionshead Redevelopment Master Plan. The proposed application amends the following portions of the Plan: 1) Section 2.3.3 Stronger Economic Base Through Increased Live Beds, 2) Chapter 4Recommendations-Overall Study Area, and 3) Chapter 5 Detailed Plan Recommendations, of the Lionshead Redevelopment Master Plan. The purpose of the amendments are to establish written policy for the preservation and enhancement of the total number of "live beds" in Lionshead and to adopt detail plan recommendations for existing and potential development sites where "live beds" presently or potentially may exist. According to the Master Plan, "renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds' through new lodging products." This amendment is being proposed and shall be considered in accordance with Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan. The intended outcome of these amendments would be the possible future adoption of text amendments to the Lionshead Mixed Use - 1 and Lionshead Mixed Use - 2 zone districts as contained in Title 12, Zoning Regulations, Vail Town Code. The Town of Vail Planning & Environmental Commission is being asked to review the proposed amendments and then forward a recommendation of either approval, approval with modifications, or denial to the Vail Town Council. A complete outline of the proposed amendments to the Lionshead Redevelopment Master Plan is described in detail in Attachment A to this memorandum. II. BACKGROUND On April 18, 2006, the Vail Town Council adopted Ordinance No. 13, Series Of 2006, an emergency ordinance placing a moratorium on the submission of development applications and building permits in Lionshead until possible amendments to the Lionshead Redevelopment Master Plan ensuring the preservation of accommodation units in Lionshead could be considered by the Town of Vail. On May 16, 2006, the Vail Town Council approved Ordinance No. 15, Series of 2006,. on first reading, an ordinance extending the moratorium in Lionshead. III. PROPOSED MASTER PLAN AMENDMENT Amendments to the Lionshead Redevelopment Master Plan require a public. hearing review process as outlined in Section 12-3-6 of the Town Code. If approved, amendments are adopted by resolution by the Vail Town Council. According to the Lionshead Redevelopment Master Plan, amendments to the Master Plan must address the following review criteria: How have conditions changed since the plan was adopted? Ten years ago, on November 4, 1996, the Vail Town Council found that "opportunity exists for the public and private sectors to act collaboratively to renew and revitalize this important component (Lionshead) of our community." Since then, the Lionshead Redevelopment Master Plan was adopted and as a result a .significant amount of redevelopment effort has taken place or is underway in Lionshead. Redevelopment pressure has increased dramatically due to the development incentives that have been put in place for Lionshead. It is because of these incentives and the rising cost of real estate in Vail that buildings once thought of as having little or no redevelopment potential are now entertaining offers for buy-outs and consideririg redevelopment proposals. As a result, the bed base ("live beds" or "warm beds") in Lionshead may be in jeopardy. The applicant believes that the proposed amendments are critical to the continued success of Lionshead and the community. How is the plan in error? - The Lionshead Redevelopment Master Plan may be in error in this situation. Chapter 2 of the Lionshead Redevelopment Master Plan outlines the Town's 2 objectives and goals for the enhancement of Lionshead and proposes recommendations, incentives, and requirements for redevelopment and new development of public and private properties. Pursuant to Section 2.3, Policy Objectives, an important issue to be addressed in the Master Plan, and thus in Lionshead, is to create a "stronger economic base through increased live beds." According to Policy Objective 2.3.3 of the Plan, "In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. " With that said, staff has reviewed the Plan for action items which further or enhance the policy objective seeking a stronger economic base through increased live beds. As a result of our review, we found little, if any, action items, master plan recommendations, zoning regulations, or otherwise, that could reasonably be believed to further this important policy objective. Since it is believed that this policy objective .remains critical to the vitality and viability of Vail, staff believes that the Plan is in error as it fails to effectively address the Policy Objective 2.3.3 How would an addition, deletion, or change to the plan be in concert with the plan in general? According to Chapter 2 of the Lionshead Redevelopment Master Plan, "This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer aworld-class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: lack of growth in accommodation units ("hot beds', poor retail quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four-season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. Growth in the number of skiers annually has slowed to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for quality retail shopping and a greater diversity of experiences has dramatically increased. All of these are sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes. This master plan, developed over a period of two years and with extensive involvement by the community, is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendations, incentives, and requirements for redevelopment and new development of public and private properties. It also recommends specific public improvement projects that are strategically important to the future success of Lionshead. The master plan is intended to provide direction over the next 75 to 20 years. " IV. The proposed additions or changes to the Plan will not change or alter the fundamental goals and objectives of the Plan. Instead, staff believes that the additions and changes are necessary in order to ensure the continued future success of Lionshead and the community. Through the adoption of the proposed amendments the Town of Vail can be assured -that a critical component to the vitality and viability of Lionshead, that is a stronger economic base through increased live beds, is maintained and enhanced as Lionshead continues to undergo both new development and redevelopment. As presently drafted, there are little, if any, actions items prescribed by the Plan which ensures that Policy Objective 2.3.3 will be achieved. A complete outline of the proposed amendments to the Lionshead Redevelopment Master Plan is described in detail in Attachment A to this memorandum. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning & Environmental Commission forwards a recommendation of approval to the Vail Town Council of the request to amend the Lionshead Redevelopment Master Plan, pursuant to Chapter 2, Section 2.8, Lionshead Redevelopment Master Plan, amending Section 2.3.3 Stronger Economic Base Through Increased Live Beds, Chapter 4Recommendations-Overall Study Area, and Chapter 5 Detailed Plan Recommendations of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Should the Commission choose to forward a recommendation of approval to the Vail Town Council, the Community Development Department recommends that the Commission makes the following finding, "The Commission finds that the proposed text amendments to the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section ll! of the memorandum to the Planning and Environmental Commission, dated May 22, 2006, -and that the amendments, as proposed, further the goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master Plan." 4 ATTACHMENT A [Additions are shown in red/Deletions are shown in c+riLo4hrni ~nhl Policy Objective 2.3:3 -Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds") through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units, or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. Chapter 4Recommendations-Overall Study Area Note: According to Chapter 4 of the Master Plan, "This section of the master plan addresses issues that affect Lionshead as a whole. These issues -and recommendations to address them -should be considered in all planning and policy decisions as Lionshead redevelops. " 4.13 Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Montaneros, all of which have some form of rental/property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds arrcl produce more lodging tax revenues to the Town. 5 Applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. 4.13.1 Live Bed Definition Pursuant to Policy Objective 2.3.3, live beds (and warm beds} are defined as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families, on a short term rental basis. A live bed may include the following residential products: accommodation units, fractional fee club units,' lodge dwelling units, timeshare units; attached accommodation units, and dwelling units which are included in a voluntary rental management program and available for short term rental. 4.13.2 Location of Live Beds Live beds should be located in Lionshead pursuant to the Lionshead Mixed Use 1 and 2 zone districts. All properties within Lionshead, when developing or redeveloping and providing new residential or lodging products, should provide live beds as defined herein. 4.13.3 Review of New Development and Redevelopment Projects The Planning and Environmental Commission shall consider the policies and direction given by this Plan with respect to live beds when reviewing new development and redevelopment projects in Lionshead. Applications for new development or redevelopment which maintain, preserve, and enhance the live bed- base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the ,Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 5.13 The Marriott With approximately 276 rooms, the Marriott is the largest eafy supply of hot beds in Lionshead. The single largest structure in Lionshead, it is also very visible, especially from the west. It is consequently a high priority renovation project, and all reasonable measures should be taken by the Town of Vail to encourage and facilitate its enhancement. Specific issues regarding this property are as follows: 5.13.1 Redevelopment or Development of the Parking Structure The best opportunity for new development on the Marriott property is the existing parking structure (figure 5-17). If this site is developed, attention should be given to the relationship between the development, Gore Creek, the Gore Creek recreation path, and the west day lot. Vertical development should step back from the recreation path, and there should be a clear separation (most likely a landscape buffer) between the public space of the recreation path and the private space of the residential-units. 6 5.13.2 Infill Opportunities There are several tennis courts on the south side of the Marriott. This area presents an opportunity for low-rise infill development that eases the visual and physical transition from the existing structure to the Gore Creek recreation path. 5.13.3 Opportunities for Facade Renovation Exterior renovation of the Marriott is a community priority, but the size and dimensions of the structure present a challenge, and it is unlikely that the architectural design guidelines (see chapter 8) can be fully met. However, this should not discourage exterior renovation, and the Town of Vail Design Review Board should insure that the intent of the guidelines is met. (This is a basic premise of the architectural design guidelines, relevant to all existing buildings in Lionshead.) 5.13.4 West Lionshead Circle in Front of the Marriott Any future development or redevelopment of the Marriott property should include a continuous secondary pedestrian walk on the south side of West Lionshead Circle. A pavement snowmelt system is strongly recommended because of icing problems on the walkway in winter. 5.13.5 Preservation of Existing Accommodation Units The Marriott presently contains 276 short term accommodation units. In addition, the Marriott also contains a restaurant, lounge, spa, and meeting space facilities incidental to the operation of the hotel. Given the importance and need for short term accommodations to the vitality and success of the .community, any future redevelopment of the site shall ensure the preservation of short term accommodation units. on the site. The preservation of short term accommodations should focus on maintaining the number of existing hotel beds and the amount.of gross residential square footage on the site as well as requiring the preservation of 276. accommodation units. With this in mind, the quality of the existing accommodation unit room could be upgraded and the rooms could be reconfigured to create multi-room suites. In no instance, however, should the amount of gross residential floor area devoted to accommodation units be reduced. In fact, opportunities for increasing the number of accommodation units beyond the existing 276 units already on-site should be evaluated during the development review process. For example, the construction of "attached accommodation units", as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. 5.15 Lionshead Inn, Vailglo, Enzian Cluster Redevelopment and/or enhancement of the buildings in this cluster at West Lionshead Circle and South Frontage Road (see figure 5-19) is encouraged. 5.15.1 The Pedestrian Street The existing structures are recessed from the street, .elevated above it, and separated from it by surface parking lots. To improve the pedestrian character of the neighborhood, a better relationship with the street is 7 desirable. The principal objective for redevelopment in this area is to engage the surrounding pedestrian environment, either by adding building elements toward the street or by lowering the finish grade at the entries so that they are closer to the level of the street. 5.15.2 Access and Street Frontage The existing accesses into these properties should be adjusted to align with the opposing curb cuts on the east side of West Lionshead Circle. The street edge should be strengthened for pedestrian use with landscaping, enhanced signage, and retaining walls as described in the site design guidelines, ,chapter six. The Lionshead Inn #a-s secured a permit in the past which is now expired to add another vehicular access point from the South .Frontage Road, and the property owner is encouraged to pursue the e~,,~-t,",~ opportunity to screen the surface parking lot on the north and regrade the lot to reduce the significant cross-slope. 5.15.3 Building Height Because it sits considerably above the frontage road, the Lionshead Inn is encouraged to explore a ground level or lower floor infill solution if development scenarios are pursued. Additional building height, if proposed, must conform to the design guidelines. 5.15.4 Live Beds (Applicant's Proposal) The Lionshead Inn properties (which now include -the previous Vailglo Lodge) are currently operated as hotel lodging facilities. The existing structures both externally and internally are in need of redevelopment to upgrade the appearance of the facilities and the quality of the guest experience. The structures currently contain accommodation units and other lodge amenities. In order to preserve the existing live bed base on the property, the Lionshead Inn properties, if redeveloped, should include live beds (as defined herein) with an equal amount of gross residential floor area as exists today on the properties. 5.15.4 Preservation of Existing Accommodation Units (Staff Proposal) The Lionshead Inn and Vailglo Lodge presently contain 85 accommodation units. Given the importance and need for short term accommodations to the vitality and success of the community, any future redevelopment of the sites shall ensure the preservation of short term accommodation on the site. The preservation of short term accommodations should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing accommodation unit rooms could be upgraded and the rooms could be reconfigured to create multi-room suites. In no instance, however, should the amount of gross residential floor area devoted to accommodation units be reduced. In fact, opportunities for increasing the number of accommodation units beyond the existing $5 units already on-site should be evaluated during the development review process. For example, the construction of "attached accommodation units", "lodge dwelling units", 8 "timeshare .units", "fractional fee club units", as defined. in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. 9 Mr. Mosher, I will distribute your letter to the Town Council and the Towh Manager. Our at our next meeting on july 11'h get direction from the council as to what, if any, action they would like to take. We will then get back to you. Rod Slifer From: rusty mosher [mailto:rustymosher@yahoo.com] Sent: Thursday, June 29, 2006 9:49 PM To: rslifer@vailgov.com Subject: Proposed Devlopment in Western Valley June 27, 2006 Town of Vail E-mail:rslifer@vailgov.com Attn: Rod Slifer, Mayor Mr. Slifer: As you might be aware currently being proposed is the Vail Valley RV Resort in Dotsero -file # ZS-00140. This development encompasses 250 RV sites, 12 cabins, and several buildings on a 35 acre parcel just 2 miles west of my location on US Highway 6 between Gypsum and Dotsero. The Vail Valley RV Resort proposed development has just received approval from the Eagle County Planning Commission on June 21, 2006. I believe approval of this proposed development will be the beginning of the end for the entire western end of this beautiful valley. My premises for this conclusion are as follows: Is this type of development needed in Eagle County? The proposed location for the Vail Valley RV Resort is along the US Highway 6 frontage road that extends from Gypsum's roundabout to Stephen's Nursery in Dotsero. The length of this service road is approximately 6 miles, of which 2.3 miles has already been approved for recreational camping facilities -campers and RVers. Current facilities along this frontage road include the BLM campground (which borders the Town of Gypsum's town limits) and the River Dance RV Resort. The BLM campground offers countless tent camping sites and 10 RV sites (which can easily accommodate the largest RVs). The BLM campground is a beautiful facility and visitors enjoy a breath taking view of the mountains and the Eagle River from their sites. Bordering the 1.2 miles of BLM camping facility is the River Dance RV Resort. The River Dance RV Resort currently provides 40 RV spaces on 70 plus acres along 1.1 miles of the Eagle River with all the services of a premier RV facility. The River Dance RV Resort received a 4 out of 5 star rating from WoodAlls and an 8.5 out of 10 rating from Trailer Life (Good Sam's). The information provided by the developers of the proposed Vail Valley RV Resort in Dotsero reported our ratings incorrectly (Vail Valley RV Resort Special Use Permit, Section 23 - RV Industry Overview). To receive higher scores from these organizations I would have to pour miles of concrete and asphalt -which will never happen as I am only the current caretaker for the next generation of IVloshers. I will not destroy such beautiful land to gain one more point in the ratings. However, these rating do establish the River r Dance RV Resort as one of the top RV facilities in the state. The Sylvan Lake State Park, located up Brush Creek Road in Eagle, received $5.95 million dollars for expansion and is without a doubt the best state facility in Colorado. Within 25 miles there are two other RV resort facilities; the Glenwood Canyon RV Resort in No Name which has 58 RV sites, 8 luxury cabins, and 9 rustic cabins. The Glenwood .Canyon RV Resort received 5 out of 5 stars from Woodalls and 9 out of 10 from Trailer Life. The proposed developer of the Vail Valley RV Resort in Dotsero has also misrepresented the ratings of this facility (Vail Valley RV Resort Special'Use Permit, Section 23 - RV Industry Overview). The next RV facility is Ami's Acres with 44 RV sites. Between these five facilities there are 152 RV sites and countless tent camping sites at price ranges to suit every traveler's budget. Between these five premier facilities NONE are used to capacity. Kay Hopkins of BLM (email: kay hopkins(c~blm.gov) reported that from September of 2004 to September of 2005 a total of 140 permits were issued. That is a utilization factor of less than 3.8% (solely based upon 10 sites for 365 days ayear = 3,650 possible permits in a year). My overall occupancy rates have just recently reached 60% annually. Between the five current camping facilities a tired traveler is never turned away. We all call each other to find accommodations for traveling guests. The three privately owned RV facilities are ready and able to expand if needed. The River Dance RV complex resides on 70 plus acres and is ready to expand from 40 RV sites to 87 RV sites should future customer demand warrant such. The Glenwood Canyon RV Resort is ready to add 28 more RV sites. Except for a swimming pool, every recreational service that any visitor to our beautiful valley could possibly want is offered by the current RV facilities. The new Gypsum Recreational Center will offer that and much more to the camping visitors in the western valley area. I plan to send all of my guests to Gypsum's new facility, which will create additional revenues for the Town of Gypsum .via purchased guest passes. Therefore one must question the need fora 250 RV site when the current 152 RV sites in five facilities are not being utilized to capacity. In addition, three current RV facilities have plans to add 75 more RV sites should future demands warrant such. What impact will the proposed Vail Valley RV Resort in Dotsero have on the local businesses and towns? The proposed Vail Valley RV Resort will have its own pool, convenience store, and food services. How will the new Gypsum Recreational Center, the local restaurants, the near by Highway 6 Store or the Columbine grocery store benefit? They won't. Visiting campers that are now sent to the various local businesses for food, recreation, and supplies will decrease as the proposed Vail Valley Resort will now provide these services onsite. Local businesses in the surrounding areas will actually experience deceases in revenues, should a visiting camper opt to stay at the proposed RV facility. Will the proposed development impact Sylvan Lake and the other current RV facilities? Of course, revenues will decrease for all five facilities. Decreased revenues for the current five facilities will eventually force associated management staffs to lower prices, spend less money on the site's appearances, and accept less than desirable clientele to compensate for the loss in revenues. Additional burdens will be placed on the local police forces and the social services of Eagle County -which are already pushed to the limits in the Dotsero area. After all, the owners of the current RV facilities are not going to simply close up shop, and the RV business visiting this area is only so big. Is this type of facility wanted by the residents of Eagle County? This proposed development is not new to our valley. In November of 2004, this developer proposed an 80 RV site facility with 34 cabins on 32 acres in the Town of Minturn. This developer brought luxury RVs into the middle of Minturn and hosted video conferences with coffee and donuts in an attempt to convince the residents of Minturn that this type of development was beneficial to their town. As you know the results were just the opposite and the residents voted down this development on several occasions. This particular development became a main issue during the reelection of town council members -with pro candidates were either elected out of office or not being elected into office. A second site was selected within the town .limits of Gypsum in 2005 along the US Highway 6 road between Gypsum and Eagle. Once again this same developer was turned down. I have spoken with most of the home owners in the area including homeowners along the Colorado River Road, and all are strongly opposed to this development. Who wants to see miles and miles of glistening white RVs and trailers from Dotsero to Gypsum? What is the impact of this development on Eagle County's Open Space Program? As you know considerable funds from Great Outdoors Colorado, Eagle County's Tax Payer's funds (your's and mine) and private donations have been spent to keep our valley beautiful for future generations. As both you and I are only care takers of this beautiful land which has been entrusted to us for generations to follow. It is my belief that the $5.2 million dollars expended on the Bair Ranch project, the $12 million dollars expended on the Eaton Ranch project and the $5.9 million dollars expended on the Sylvan Lake State Park project are simply investments for future eyes to behold the majestic beauty of our valley. Certainly money well spent. Without question this development threatens these investments. The proposed development site of the Vail Valley RV Resort in Dotsero- is in clear view from the mouth of the Glenwood Canyon. 250 glistening white RVs and trailers crammed into 35 acres on the south side and the Dotsero Trailer Park on the north side. Just 2 miles down the same US Highway 6 frontage road you will see more RVs and trailers at the River Dance RV Resort, and without blinking an eye even more RVs and trailers at the BLM camp ground -all clearly visible. Since the Vail Valley RV Resort is proposing 250 RV sites on 35 acres, should I now build 500 RV sites on the 70 plus acres I own to compete? Is the next sight we want our generations to see is a sea of RVs and trailers from the Glenwood Canyon to the Town of Gypsum? Actually the site would be a sea of RV and trailer spaces that are about 40% full. Without question this proposed development will severally impact the western end of our beautiful valley. That is not a vision that I personally want to see come to fruition, nor can I believe a vision that any resident in the western valley would like to see happen. The impact of this type of development on the current five premier RV facilities -which are not being utilized to capacity; the complete destruction of the open space funding programs in the western end of our valley; and voices of the residents of Eagle County that have said no to this development and developer on several occasions (to the demise of the political careers of some Minturn's Town Council Members) must be factored into this decision. I thank your for taking the time to read this correspondence, and I would like to extend a personal invitation for you to visit River Dance. I would also hope that you take the time out of your very busy schedule and accept my invitation, as well as visiting the Sylvan Lake State Park, the Glenwood Canyon RV Resort and Ami's Acres prior to this critical decision. It is my hope that you get involved, and protect the western end of this valley where you live. Should you wish to attend, the Eagle County Commissioner's meeting will be held on July 11th at 1:30 pm. Sincerely, Rusty Mosher 6700 Hwy 6 Gypsum, CO. 81637 (970) 524-1103 Do you Yahoo!? Get onboard. You're invited to try the new Yahoo! Mail Beta. _~ Providing a Sense - ~ ~ of Safety and Security Through High Quality Police Service, 75 South Frontage Road Vail, Colorado 81657 vailpoliceC~vailgov com (970) 479-2210 (telephone) (970) 479-2216 (fax) TABLE OF CONTENTS n ~~ Vision, Mission, Values ...................................................................................................................................3 Message from Chief Henninger ............................................................................................................... ....4-5 At a Glance ............................................................................................................................................... ........6 Organizational Chart ................................................................................................................................ ........7 Building on the Public Trust .........................................................................:.......................................... ........8 Providing Safety & Security ..................................................................................................................... ........9 Then & Now ............................................................................................................................................ 10-11 Patrol Vehicle-An Inside Look .............................................................................................................. ......12 2005 Highlights ........................................................................................................................................ 13-15 Emergency Preparedness ..................................................................................................................... ......13 Katrina Response ................................................................................................................................. ......14 Exchange Program ............................................................................................................................... ......14 I-70 Education & Enforcement Campaign ........................................................................................ ......15 High Profile Cases .................................................................................................................................... 16-17 Our Commitment to the Community ...................................................................................................... 18-19 How the Community Rates Us ................................................................................................................ ......20 The Office of the Chief of Police ............................................................................................................. ......21 Administrative Division ............................................................................................................................ ......21 Operations Division .................................................................................................................................. ......22 Construction Team ................................................................................................................................... ......22 Investigations Unit .................................................................................................................................... ......23 Records Section ........................................................................................................................................ ......23 Communication Center Services .............................................................................................................. 24-26 Spirit of Volunteerism ................................•---.......................................................................................... ......27 Law Enforcement Actions & Crime Statistics ......................................................................................... ......28 Accidents Reported .................................................................................................................................. ......29 Summary of Activity & Enforcement ...................................................................................................... 30-31 Criminal Activity ...................................................................................................................................... 32-33 Professional Standards .............................................................................................................................. ......34 Our Thanks and Celebration .................................................................................................................... ......35 • ~ ~ ~ A STATE OF COLORADO ACCREDITED LAW ENFORCEMENT AGENCY a 1 E VISION, MISSION & VALLI S 1 1 VISION To be the best resort police department in the country. 1 §. * ~. } °~, . ..~ ~ ,~1VI~IS~S}ION ,. ,., Toprovide a ense~ of sa et~y~Y-and `security tr h_ rough ~;~~ ,h~ighr qua~l~~ty p lice se~rvice.~,._.~;; , `~. ~ ; -- ~ ,~, ~ ~ , y, # "fir ~p "~' ,~ ` ~ y, +~~~ ~ ,~ ~ ~~ f VALUES . ~~ ~~` .. r. ^ ~ ~ ~ ~~ '"~ to 1 nteg r~ty ~ / wi//,~ne~er betray my office, character ~. '~'' ~ ~' ~~ 1, x ~~ ~ •,,, .~ ~~ . ~ 4 Teamwork ~ /~ w//Factive/y co//aborate. with. r others to accomp/~sh,~thtask. ~ .~ _ ,_ . :x.; - -_ Ownership ~ / wi// take responsibi/-ty for what needs to be done and ho/d m e/~~f and others accountab/e. ~ y ~ ~. Excellence ~ / wi/I strive to do the best job possib/e, I 1 1 ~ , 1 MESSAGE FROM CHIEF HENNINGER This is truly a special year for the Vail Police Department. We are all fortunate to have been provided with the resources needed to do our jobs well. We always realize the very important role we play in our community, and I can say, quite openly, that the encouragement and support we receive from those to whom we report is always sincere, prompt and abundant. The Vail Police Department adheres stringently to four basic values: Integrity, Teamwork, Ownership, Excel- lence. These are qualities we seek -indeed demand - in every person who aspires to be a part of an organization that seeks to be the very best at what we do. The Vail Police Department has enjoyed forty years of outstanding achievement and success, and we anticipate, with a sense of growing excitement, athree-day celebration of our historic past this fall. We invite everyone to help us celebrate our 40th Anniversary at an Open House on September 9th from 10:00 am to 2:00 pm at the Vail Police Department. I am particularly proud of our successful enforcement campaigns, our community safety programs, our innovative policing strategies, our development of an emergency preparedness plan and the overall improvements that contribute to the quality of life in the Town of Vail. t This past year, we handled more than 44,000 calls for service and those calls ran the full spectrum of events and inci- dents. The Vail Police Department has reached a critical point in our growth cycle where there is a need to be both well-managed and efficient. One area where we have placed our strongest effort has been the development of an Emergency Preparedness Plan for the Town of Vail. This comprehensive plan unites an extended armada of emer- gency services, local, state and federal authorities and utility personnel. By organizing effectively, we have mobilized a multi-agency, broad-based task force that will be instantly responsive when critical incidents occur. Having key role players, both locally and across our state, who are prepared for virtually any event is a formidable challenge. But, it is a challenge we successfully met. r This past year, we were provided with two excellent response-driven opportunities that came, virtually, back to back. The first was last May. It was afour-day exercise simulating a major building collapse that required participation from 40 agencies and 600 responders. We used the exercise to hone our communications skills while practicing the planning and coordination of activities that would typically take place should the need ever arise. ' Then, there was Katrina. Four of our people were thrust into key roles as members of the support group who were hastily assembled to try to restore a shattered community. Three of our people worked for a number of weeks at the Baton Rouge, Louisiana base camp. And the fourth, I am proud to say, also traveled to Mississippi - on his own time - to help rebuild houses. While we were recording ever increasing performance scores, I am happy to report there were significant reductions in several offense categories -burglary offenses, down by 20%, sex offenses, down by 44%, and disorderly conduct ' offenses, down by 11%. To what do we contribute these decreases? Primarily, excellent arrest procedures, outstanding case preparations for prosecutions and an improved intelligence-led policing strategy. It is an innovative concept that employs the utiliza- tion of a countywide dispatch and records management system developed to assure advanced collection, organization, retrieval and analysis of real-time data. , At the Vail Police Department, we go beyond a simple call-handling strategy which includes the 65 Max Enforcement Program. Although there was an increase in the number of traffic accidents on I-70, the number was mitigated as a direct result of the utilization of our aggressive I-70 Educational and Tra~c Enforcement Program that held the increase well below expectations. In 2005, Vail Officers performed 2,132 traffic stops and issued 240 citations and , 756 warnings reinforcing road safety issues and highway noise ordinance compliance. We assumed there would be an increase in accidents due to heavy traffic volume on state and federal highways during the past year in tandem with extreme winter weather conditions experienced by motorists. (The Colorado Department of Transportation reports a daily average of 37,800 vehicles passing through Vail.) However, I am pleased to report that lower than projected accidents served to validate the effectiveness of our education and enforcement programs. Our Construction and Special Events Patrol Team was formed last May as the Town of Vail's $1 Billion revitaliza- tion kicked off. This team's mission is to effectively respond to challenging construction management issues, thereby _ minimizing the impact on traffic flow, pedestrian safety and the positive enhancement of each guest's experiences in the Town of Vail. The team is made up of a sergeant and four code enforcement officers. Our use of rapidly advancing technology in mission-critical assignments supports the core functions of our depart- ' ment, which includes emergency preparedness, crime and control, case preparation and providing continuing order and security to the community. It is gratifying to note that we have been successful in our efforts to expand our vision while ratcheting up our capabilities for long-term, measurable planning that help move the entire organization towards a stronger performance. We have gone so far. But, we know much more needs to be done. Over the past 40 years, those capable men and women of the Vail Police Department forged a legacy of excellence that we will seek to uphold. It is both a pleasure and an honor to lead such a fine team of law enforcement professionals as we jointly seek to achieve our goal to be nationally recognized as the best resort police department in the country. Without the continuing and positive support of the Town Council, other Town Departments and the Community, we could not , enjoy such a high degree of success. On behalf of all 64 of our employees, we thank you! Sincerely, ~~ • Chief of Police ' ~~ I,~ ~_ ~. ~ ~ :: ~} _ r ~ ., r~.X.t:.viMN s ,~ ~: ~~ .~"~ li H Y11L ll. ~ V V 1 V ~ ll A ~~~1 V ~JL ~. / .~ Town Manager Stan Zemler Assistant Town Manager Pam Brandmeyer ' Established Year Around Population Average Daily Population Town Budget Town Employees Distance from Denver Distance from Ski Lift Median Household Income Average Assessed Value of Home 1964 4,617 full-time residents 25,000 $43.4 million 225 full-time/75 seasonal 100 miles west A few feet! $65,000 $525,000 single family ~~ ~I.I~.~ ~~A ~M~~~ A~ A ~.A~(,~ Chief of Police Dwight Henninger Administrative Commander Susan Douglas Operations Commander Steve Wright Vail Public Safety Communications Manager Paul Smith Police Department Budget Public Safety Communications Center Established Sworn Personnel Civilian Personnel Marked Vehicles Unmarked Vehicles Bicycles Calls for Service in 2005 Public Safety Communication 6 16% of the Town Municipal Services Budget 6% of the Town Municipal Services Budget 1966 29 35 11 4 6 44,304 Countywide ORGANIZATIONAL STRLICTLIRE Chief of Police Dwight Henninger Spedal Events Planning Operations Administrative VehiGe M aintenance Commander Volunteer Program Officer Administrative Systems Communications Frozen Commander Engineer Center Manager Day Shift Team Night Shift Team Day Shill Team Night Shik Team Construction Detective Records 4 Dispatch (Sun, Mon, Tues) (Sun, Mon, Tues) (Thurs, Fri, Sat) (Thurs, Fri, Sat) Team Sergeant Sergeant Administrative Manager Supervisors Citizen's Academy Professional Standards 1 Executive HiringlTraining Assistant 3 Officers 5 Officers 3 Offcers 3 CEOs 5 Officers 4 CEOs 3 Detectives Grants Planning & Research 4 Records 2 CEOs Auditing Techs Animal Control Court Liaison 16 Dispatchers Accreditation Demand Reduction Reserve Planning Building Maintenance Budgeting 1 Eagle County Task Force Detective (grant funded) 2 Part-Time Officers TRAINING The department's policy is to provide each and every employee an opportunity for growth and development. A high degree of training is conducted in house at the Vail Police Department, and when needed, other in-state training programs are provided. The table on the right shows the number of hours each group in the organization received in 2005. The level of training is significant, and training plans are reviewed with each employee to ensure their skills and decision-making abilities are where they need to be. The department conducts 80 hours of in-house training per officer during the off season. Section Total Training Hours in 2005 Administration 273 Patrol 3,308 Investigation 884 Code Enforcement Officers 331 Records 486 Communications Center 713 7 ' BUILDING ON OUR PUBLIC TRUST ~ Each year the police department participates in I/ail's Neighbor- hood Picnic Series giving residents a chance to meet with police staff and other town employees in an informal setting. ~1 Vail Police Chief Henninger led afour-day disaster drill in May that involved 40 federal, state, local agencies and the commu- nity to test local response systems and the integration of state and federal assistance. The exercise helped prioritize Town of Vail ' disaster responses and distinguished key critical needs for improve- ment to plans and procedures. ~ The 2005 Town of Vail Community Survey measured the overall quality of police service at a rating of 3.9 on a scale of 1-4 (4 is highest). The police department's customer service survey measured an even higher satisfaction with police service. ~ Awareness of the department's Interstate 70 65 Max Education and Enforcement Campaign to reduce accidents, speed and highway noise is at a high level. In the 2005 citizen survey, 78 percent of I respondents indicate familiarity with the program, while 44 percent said they had changed their driving habits. "Increased community engagement is crucial to maintaining support for and trust in Vail Police services!" ~ Code Enforcement Officer Gonzales serves as a board member ~~ ~ -- ---,, ~' ~~~` - on the Freedom Park Memorial Committee whose supporters are - ~ "' ~` _ planning to build a memorial for local troops who have died in ti combat and public safety workers who have died in the line of _~ +~'~ ~'~'' y~M d«ty. ~,- - -~. i Adopt-A-Homeroom Program places officers in local class- ~, ~'• ~ _ ,,n~ rooms to help kids learn good decision making skills and how to ~ \ cope with peer pressure. i Over a dozen officers paired up with 40 underprivileged ' children in our Shop-With-A-Cop Holiday Program with funds provided by the Vail Municipal Court. ~1 Department personnel participate annually in a food drive, which this year netted 58,000 pounds to help feed the needy in Eagle County. i Vail Police Department and the Eagle County Sheriffs Office combined their Special Operations Groups to deal with critical incidents in the county that regular patrol officers are not able to respond to. The group trains once a month. PROVIDING SAFETY & SECLiRITY ~ Patrol spends between 30 and 40 hours per week on the Inter- state enforcing road safety rules, speed and noise limits. Total number of hours spent in 2005 by Vail Police Officers on foot, bike and car conducting regular patrol was 4,962 hours. ~1 Vail Police were busy during the Spring Back to Vail Concerts held in April. More arrests were made during the event than Fourth of July and New Year's Eve combined. Over 10,000 people attended the Snoop Dogg concert at Ford Park where over 22 arrests were made for assault, drunken driving, theft, drugs and vehicle theft. ~ The department is launching a Community Emergency Response Team (CERT) that will call upon citizen volunteers to help with events in which emergency service personnel may become over-stretched. Typical emergencies would range from avalanches to events where assistance is needed with security, crowd control or first aid. i March kicked off Spring Break Safety Week where booths were set up allowing skiers and boarders to register their equipment with the department. It also let residents and visitors find out how Vail Offi- cers on skis were helping to provide safety on the mountain along with Ski Patrol and the Yellow Jackets. ~ A technology plan that improves emergency and non-emergency radio coverage and interoperability, and a dispatch and records management system that increases policing efforts countywide. ~ Anew campaign, Bar Safe, launched in fall 2005, partner the Vail Police and Town Prosecutor with restaurant and bar merchants to promote a safe bar experience. The campaign includes increased enforcement and prosecution of assaults and trespasses at liquor establishments that promotes a message of responsible behavior. i1 The department posts sexual offender registrant info on the Eagle County website whenever an offender is convicted of a felony crime. As of the December 2005, two registrants were posted on the county website at http://www.eaglecounty.us/sheriff/disclaimer.cfm. "...to ensure the department stays abreast of current threats and maintains a high level of awareness of potential terrorist activities." Vail Administrative Commander Douglas serves on the Western Slope Joint Terrorism Task Force to ensure the department stays abreast of current threats and maintains a high level of awareness of potential terrorist activities. Preston Utley/putley@vailtlail Etheridge, left. and Rodney Kelm are part of the Vail P :ruction squad. which is trying to make Iffe easier for ess owners and visitors during ongoing renovations. 9 t t VAIL POLICE LIEP~-1RTMENT Then ~ Now 68 YEARS AGO Colorado State Engineer Charlie Vail began the plans for building a new highway and mountain pass in the Rocky Mountains. Much of the road would be located on the sunny slopes of the mountain to keep the pass open year around. 40 YEARS AGO Vail officers were notified of calls for service by a tall lamp that was turned on by locals in the Village area. Back then, it was not unusual for a Vail officer to be the only cop on duty after midnight for the 1 I entire county. When a new radio communication system for the department was installed, police calls were taken by the Lodge at Vail from 5 p.m. to 8 a.m. and by ski patrol headquarters between 8 a.m. and 5 p.m. Vail's five officers received 196 reported crimes and 461 calls for service. In 2005, Vail's 16 patrol officers received 2,578 reported incidents and crimes, and handled 44,304 calls for service. 38 YEARS AGO t Vail Police Chief Ted Holmes was held hostage by gunmen after an attempted holdup. Vail Police Vehicles were green Saabs. In later years, officers drove orange Saabs, and eventually black Saabs. Today, Vail Police vehicles are black Ford Explorers. 35 YEARS AGO There was an assault every 14 days, a larceny every day, a burglary every six days and an auto theft every 24 days. Vail Police Depart- ment staff consisted of the chief, one sergeant, five officers and four dispatchers. Average years of experience for an officer was two years and eight months. Today, there is an assault every 4 days, a larceny every day, a burglary every nine days and an auto theft every 28 days. Average years of experience with the Vail Police Department for a patrol officer is four years and nine months. ' t0 MOOING FORWARD... 30 YEARS AGO Vail Police officers took an incident report of a UFO sighting. Julie Cunningham, a 26-year old ski instructor was reported missing after failing to report to work at Vail Ski School. Many years later it was determined she was a victim of serial killer, Ted Bundy. Thefts from commercial establishments over the year accounted for $119,483 in goods reported stolen. In 2005, $432,951 were stolen from commercial and non-commercial sites. 25 YEARS AGO The department was staffed with 23 officers and 15 support person- nel. Today, there are 28 officers and 14 support personnel. There are also 22 personnel running the countywide communications center. 20 YEARS AGO The four-way stop required no less than three personnel, seven days a week throughout the winter season to direct traffic. Today, eight electronic variable messages signs are used to managed the flow of traffic through all four of Vail's roundabouts. 15 YEARS AGO Each Vail officer handled 72.2 incidents per year in 1990. This compared to an Aspen officer who handled 55.4 incidents per year, and a Broomfield officer with 33.1 incidents year. Today, Vail officers handle 152 incidents per officer per year. Aspen officers handle 72 incidents per officer per year and a Broomfield officer handles 61 incidents per year. 10 YEARS AGO After Vail Pass was closed a record 34 times due to adverse weather and road conditions, the department took chain law enforcement into its own hands by increasing fines on truckers failing to obey traffic and chain laws. In 2005, State laws for chain law enforcement is conducted primar- ily by the Colorado State Patrol with fines ranging between $150- 500. Additionally, there is a comprehensive Interstate 70 manage- ment plan and annual meetings. 1l 1 C~ t The Town of Vail Police Department utilizes the Panasonic ToughBook 29 mobile units. The notebook includes a 1.2 gigahertz Pentium M processor, 256 MB Ram, 40 gigabyte hard drive, GPS and touch screen. Due to the dura- bility, this is a very common notebook used by law enforcement agencies. In conjunction, the town uses Sprint air cards. Speeds up to 400 KBPS are achieved through the relatively new EVDO technology. This impressive throughput allows officers to interface with Computer Aided Dispatch and run full blown records management software from the car. 12 EMERGENCY PREPAREDNESS Led by Police Chief Dwight Henninger, the town elevated its emergency response preparedness with the preparation of a National Incident Management System-Based Emergency Operation Plan - the first for the Town. In May, Chief Henninger and others organized afour-day training exercise involving a simulated building collapse, funded by a grant award from the Department of Homeland Security and the State of Colorado Division of Emergency Management. More than 600 responders from more than 40 local, state and federal agencies came to Vail to participate in the exercise. There were volunteer victims, firefighters, police officers, paramedics and other emergency responders who tended to the search and rescue component of the disaster, while many others worked behind the scenes to test the integration of local, state and federal incident management plans. A need for ongoing training in the management and coordi- nation of large incidents has been identified, which will result in a higher level of community preparedness in the case of a severe winter storm, wildland fire or some other incident. The result of the exercise was a 95-page flfter fiction Report with over 60 items for follow-up improvements which have set a framework for additional preparedness effort and training. t .~ W~~ i~ 13 ' KATRINA RESPONSE - t t 9-1-1 Center Manager Paul Smith, Vail Police Sergeant Dirk Etheridge and Vail Police Dispatch Supervisor Michele Grey trav- eled to Baton Rouge, Louisiana in September 2005 to provide base camp assistance to first responders of the Katrina Disaster. Their duties included developing evacuation plans, managing decontamina- tion efforts, coordinating food and living provisions and providing security for 500-700 emergency service workers daily at Camp Colo- rado. Vail Police Officer Demarest was deployed to New Orleans as an Army National Guard Reservist, to help in search and rescue opera- tions. Another Officer, Jim Applegate, traveled to Mississippi on his own time to help rebuild homes. Shifts were 16-20 hours long, but the experiences were rewarding. ~--~:. - LEARNING FROM OLIR NEIGHBORS In February, two law enforcement representatives from Whistler, British Columbia came to Vail to participate in an information exchange program while Vail Code Enforcement Officer Kelly Weiskirch and Vail Police Officer Christian Mohr went to Whistler. The program allowed for these officers to see how each town addressed comparable community and law enforcement issues. Whistler is a lively mountain resort of nearly 9,500 residents. Similar to Vail, the sense of community is very strong and residents are passionate about protecting their natural environment. The also have a transient worker population and similar crime and disorder problems. A myriad of ideas were brought back, and even though all ideas cannot transfer to our situations, one idea can lead to another and workable solutions can be found. 14 I-70 EDUCATION & ENFORCEMENT CAMPAIGN i ~ In Apri12004, an education and enforcement effort on Interstate 70, known as the 65 Max Campaign, was intro- duced. The implementation, aimed at increasing road safety and reducing highway noise, has proven to be an amazing success. __ . ~ ..~ war ROAD ~1 During 2005, officers committed 1159 hours of enforcement on I-70 resulting in 240 tickets issued with an average speed of 84 MPH. Additionally 756 warnings were issued. This compares to 109 citations and 775 warnings issued the previous year. There were no I-70 fatalities in 2005. ~ Continual enforcement efforts to reduce speed on the Interstate had been ratcheted up by citing drivers with average speeds closer to 84 MPH than 2004's average speed of 86.4 MPH. ~ A 26.9% reduction in accidents was noted over the first 33 weeks the campaign was launched, which was a huge success where accidents had been significantly increasing the past three years. Due to unusual winter weather condi- tions, including a 70% above average snowfall, accidents did increase 51.6% in 2005, compared to 2004. ~ A compact disc produced and distributed by the Colorado Motor Carriers Association was released during the year as a collaborative effort between the trucking industry and the town. The CD provides tips on driving I-70 from Denver to Vail and alerts truckers to Vail's noise control efforts. The truckers are asked to be considerate about using their fake brakes so as not to disrupt the tranquility of the various communities along the route. Summary of I-70 Education and Enforcement Program During 2005 Hours of Patrol Time on I-70 1159 Number of Citations Issued for Speeding 240 Average Speed of Citations Issued 84 mph Number of Summonsed Arrests 63 Number of Custodial Arrests 29 Number of Warnings Issued 756 Accidents on I-70 118 15 t HIGH PROFILE CASES While the national media dubbed them "dumb and dumber," the community came to understand that exemplary police work was the key in solving the March 21 armed bank robbery of the WestStar Bank facility in Vail Village. After tellers provided descriptions of the two suspects, police immediately identified Anthony Harold Prince and Luke Gabriel Carroll as the primary suspects due to an earlier arrest of the two in connection with a vandalism incident. Once the booking photos from the earlier arrest were circulated to law enforcement agencies across the state, police officers at Denver International Airport recognized the suspects and made the arrest as the two were attempting to leave the country. The men were sentenced on Sept. 23 in U.S. District Court. Prince, 20, received 54 months of federal prison time and Carroll, 19, was sentenced to 60 months. They were also ordered to pay the bank $21,657 in restitution. The two, both from Australia, were in the middle of their second winter season in Vail prior to the robbery. In March, Vail Police were asking for the community's assistance in identifying a man suspected of the sexual assault of a 29-year-old Denver woman in the Vail Village parking structure. The man was later identified as 28-year-old Jonathan "Weasel" Edward Schut of Eagle, who faces three counts of sexual assault, robbery, felony menacing, trespass and two counts of assault. Schut also has been charged in connec- tionwith ahome invasion, assault and attempted sexual assault at a home in Eagle, as well as a sexual assault case in Texas. The case is awaiting disposition. A cruel hoax escalated into a crime in May when Vail Police received a report of a kidnapping at an East Vail residence by a female victim who witnessed her husband's +Io~C~ 1 kidnapping at gunpoint. The female victim herself was bound by duct tape. The husband, Michael Sean Moore, 35, was later arrested and charged with faking the incident, as well as aggravated robbery, false imprisonment of his wife, menacing with a deadly weapon, theft, false reporting to authorities and domestic violence. Police later arrested Michael George Malovic, a 48-year-old Vail man, who was accused of being Moore's accomplice. Moore plead guilty. Emergency response crews on I-70 were kept busy during the year. In January, responders tended to a tanker truck roll-over accident on I-70 at mile marker 181.5 in which the tanker was carrying a full load of flammable material. The accident caused an 18-hour closure of the westbound lanes of I-70 as crews worked on the clean up. Fortunately, no one was seriously injured. The driver was cited for careless driving. 16 MORE HIGH PROFILE CASES ' OL''OR~ADO a; _-, C ~'_-. c '~ ';~:~. Miraculously, occupants of a single engine airplane that crashed and skidded up an embankment on Vail Pass in August survived the ordeal. The two occupants were rescued by Vail firefighters, where the pilot was treated for serious injuries. The low- flying plane was on its way to the Leadville Airport from Rock Springs, Wyoming. For the fourth consecutive year, a public safety campaign was successfully imple- mented during the 4th of July and New Year's Eve holidays. The campaign includes a townwide curfew for unsupervised juveniles and a special event district covering a four-block area in Vail Village which prohibits access to persons 21 and under unless accompanied by a parent or guardian. The safety campaign was initiated by the Town Council to create a safe and festive atmosphere during the two holidays. 9-1-1 Center Manager Paul Smith and Vail Police Chief Dwight Henninger assisted first responders of the Summit County wildland fire in September 2005. They pro- vided VHS and 800 MHz equipment for invaluable interoperability. Through the efforts of investigations, old warrants were revived and five out of Eagle County's 10 most wanted offenders were apprehended. From across the US and into other continents: Zachary John Bidoczka was arrested in Breckenridge, Lee Moon Kyo was arrested in Texas, Keith John Cameron arrested in Huntington Beach, CA., Kao Canoe Phillips-Hamilton arrested in Kauai, HI, and Bradley William Harris was located in Queensland, Australia. The Lodge at Vail reported the theft of an ATM machine from their premises in January 2005. The ATM was carried out of the hotel on a dolly and put on the back of a truck. The ATM was eventually located outside of Wolcott where it was discov- ered that a backhoe was used to break into the machine. Mitch Primmer was sentenced 12 yrs in the Dept of Corrections, and Thomas Moore is awaiting trial. A second bank robbery occurred in December 2005 when a man handed the teller a note with a message demanding money. Bank surveillance tapes helped the police and FBI direct their investigation. The robbery is the second for the bank in nine months. Investigation is currently continuing. The suspect is a white male in his 50s. t 0 17 , OUR COMMITMENT TO THE COMMUNITY Community Policing's belief is that the police must become partners with the people in the community, and collectively address local priorities related to crime, fear of crime, disorder and neighborhood troubles. Some examples of outstanding approaches to our Community Policing philosophy include: i A traffic enforcement and education program on the Interstate to address road safety issues and reduce noise violations. The program is led by the Vail Police Department in partnership with the Colorado State Patrol and the Colorado Motor Carriers Association. i1 A bigger partnership with the media resulting in an increase of commu- nity safety messages from the Chief and others in the department, such as emergency preparation reminders, safe driving and crime prevention. ~ A countywide underage drinking prevention program, which is a collabo- rative effort to impact substance abuse patterns and teenage depression among Eagle County youth. ~ An active partnership with Eagle County Health Services District which placed over 60 automatic external defibulators in public and private buildings, and provided CPR training to government employees, students and private citizens. ~ Community collaboration on a food drive that netted 58,000 pounds to feed hungry, less fortunate residents of Eagle County. i Free alcohol breath tests given to night-time Bridge Street visitors as a means to help them understand their level of intoxication. i1 A partnership between the Vail Police Volunteer Program and the Presi- dents Volunteer Service, sponsored by the USA Freedom Corps. ~ The development of solutions to construction-related issues during a $1 billion extensive makeover planned for the Village and Lionshead. i An Adopt-a-Homeroom Program to help kids learn good decision mak- ing skills and dealing with peer pressure. "Police must become partners with the people in the community so they can address local priorities." ~..,-, J nail POLICE 18 MORE ON OLIR COMMITMENT i~ Vail Police Volunteers and Vail Resorts Yellow jackets sponsored free ski and snowboard equipment registrations on weekends throughout the winter at the bottom of the Eagle Bahn Gondola and the Vista Bahn Express Lift. !~ In an effort to encourage good decision making by individuals who have been drinking alcohol, the Town of Vail began a free parking voucher program for cars enter- ing the parking structure after 3 p.m. and leaving before 9 a.m. the next morning. Officers give vouchers to intoxi- cated persons at their discretion. ~ Chief Henninger was elected to 2nd Vice President of the Colorado Association of Chiefs of Police (CACP) and will be the lst Vice President of CACP next year. it The department drafted a plan to launch a Commu- nity Emergency Response Team (CERT) made up of citizens trained to help with events in which emergency service personnel may become over-stretched. After experiencing an increase in bear calls during the Summer 2005 com- pared to the previous year, the Vail Po- lice Department issued reminders about bears and the need to properly contain trash. Per town ordinance, trash containers are allowed to be placed curbside between 6 a.m. and 7 p.m. on the day of pickup. First-time violators are given a warning notice, while repeat offenders are subject to a municipal court summons. Bears came into Vail earlier than normal be- cause hot and dry weather killed off much of the succu- lent plants bears like to eat in the wild. Berries, another bear favorite, ripened later than normal. ~~~~ •~~. Velcro, a Blue Heeler, joined the depart- ment as part of a new search and rescue- canine training program. Velcro's trainer, Code Enforcement Officer Rosely, trains her at rubble piles in Golden and Denver during regular Federal Emergency Man- agement drill exercises. Rosely is also the membership chairperson for the Associa- tion of Code Enforcement Officers of Colorado. ~~ Live scan technology, an inkless elec- ..,,,, ,~~ tronic system, was purchased with grant ~, ~ ~`~' funds and installed in October. The ! ~ - o ':J rah', ~ ~~~ technology allows department personnel ~,•;,e~,~/,~ to capture high quality prints on crimi- nals and civil applicants, such as real estate licensees, school teachers and others. The outcome-has resulted in speedy returns on arrestees' criminal histories from the Colorado Bureau of Investigation and an increased ability to track offenders throughout the State. it The Vail Police Department backed a proposed state law that would require identification tags on every keg of beer sold in the state. The bill passed the House but failed in the Senate. Vail Police Commander Joe Russell received the Legislative Advocacy Award for his work from Mothers Against Drunk Driving, while Officer Justin Dill was recognized for his efforts at Driving Under the Influence enforcement. ~ Our website at www.vailgov.com/police continues to offer new and updated information including answers to frequently asked questions, crime statistics, employment opportunities and more. 1 t ,9 ~ COMMUI~IITY SURVEY RESULTS Between February 1 and December 31, 2 005, surveys were randomly mailed to victims, offenders, witnesses, drivers and vehicle occupants. These survey results provide the department with a process to measure how the public ' perceives the department's delivery of service to the community. Of the 977 surveys sent out in 2005, 219 responses were returned, representing a 22% response rate. ' These positive 2005 survey results reveal that service is truly at the heart of what we do. 1. Was this your first direct contact with the Vail Police Department? 94% Yes 6% No 2. To what degree did the o~cer/employee receiving your initial inquiry try to help you? 46°x6 Tried very hard to help 3% Did not try to help 2496 Tried hard to help 3% Did not try at all to help 24% Did what he/she had to do 3. flpproximately how long did it take an o~cer to arrive at the location of the incident? 10. If not local, how will this experience contribute to your decision to return to Vail? ' 52% No effect 3% I will not return based on this experience 1096 I will return based solely on this experience 2% I will not return regardless of this experience. 33% I will return regardless of this experience 6696 Less than six minutes (excellent for emergencies) ' 19% Between six to ten minutes (standard) 12% Over ten minutes (standard for non emergency calls) 3% Eternity ' 4. Did the employee explain what was going to happen with this incident? 8196 Yes 7% No 12% N/A 5. How friendly was the o~cer/employee? 5296 Extremely friendly 3% Didn't notice 2% Very unfriendly 3996 Friendly 4% Unfriendly 6. To what degree did this incident contribute to your sense ofsafety and security in the Town of Vail ? 3596 Very high influence 21% Neutral 3% Very low influence 339b High influence 8% Low influence 7. How well did the employee meet your expectations in handling your situation in a responsive and sincere manner? 4496 Exceeded expectations 1996 Met expectations 4% Below expectation 3196 Above expectations 2% Slightly below expectations 8. How effective was the person handling your call? 3995 Exceptionally effective 2% Slightly effective 2% Not effective at all 5096 Very effective 2% Not very effective 9. Overall, rate your satisfaction with the service you received. 5996 Extremely satisfied 4% Neutral 6% Extremely dissatisfied 2996 Satisfied 2% Slightly dissatisfied ' 20 OFFICE OF THE CHIEF OF POLICE Chief Dwight Henninger leads the Vail Police Department consisting of 64 members: the Chief, two Commanders, six Sergeants, three Detectives, 16 Police Officers, one State Grant-Funded Task Force Officer, eight Code Enforcement Officers, one Records Manager, four Records Techni- cians, one Executive Assistant, one Communications Center Manager, four Communications Supervisors and 16 Dispatchers. The role of the Chief encompasses internal leadership and external repre- sentation. The Chief articulates a vision of where the department is going in a way that galvanizes the department towards that vision. The Chief is responsible for setting goals and objectives and seeing they are accom- plished. He also coordinates community relations, problem solving approaches, fiscal management, strategic planning, technological develop- ments and organizational initiatives. ADMINISTRATIVE DIVISION The Administrative Commander oversees the Records Section and is responsible for the following functions: Professional Standards, Accredita- tion, Drug and Alcohol Abuse Prevention, Demand Reduction, Grants, Planning and Research, Auditing, Hiring, Training, Recruiting, Reserve Program, Citizen's Police Academy, Community Emergency Response Team, Animal Control, Court Liaison, Budgeting, Building Maintenance and Administration. In November, Vail Detective Sergeant Susan Douglas was promoted to Administrative Commander. She had been holding down two positions three months prior to her promotion, and will continue to hold both these positions for a duration of eight months until a new detective sergeant starts. Commander Douglas has been with the department for 11 years. She served 3 1/2 years as an officer, a half year as a detective, 4 years as a patrol sergeant, and 3 1/2 years as a detective sergeant. w 2t OPERATIONS DIVISION The Operations Commander is responsible for Patrol, Investigations, Code Enforcement, and the Constriction Team. The division consists of Com- mander Steve Wright, four patrol sergeants, one detective sergeant, three detectives, one task force detective, 17 police officers and eight code en- forcement officers. They perform a variety of duties including calls for service, routine reports, arrests, criminal investigations, traffic accidents, traffic enforcement, proactive and preventative patrol and general commu- nity activities. As with all other divisions in the department, they are trained and empowered to make decisions and participate in activities that support the principles of community policing. Four of the 8 code enforcement officers who comprise the civilian branch serve on two day-shift teams and are supervised by a patrol sergeant. They are responsible for the education and enforcement of non-criminal mu- nicipal codes. They assist with Vail Pass closures in instances of inclement weather or bad traffic accidents. They perform many services that can be accomplished by non-sworn personnel including evidence processing. CONSTRUCTION TEAM Summer 2005 and next, Vail Police Department assumed a new responsi- bility: making sure colossal construction projects in the town don't grind things to a standstill. The effort involves stepping outside traditional police roles and focusing on vehicular and pedestrian traffic, loading and unloading trucks, signage and way-finding for tourists. The police have also been involved in reviewing projects from a safety and crime preven- tion standpoint. The on-the-ground effort is mainly handled by a sworn patrol sergeant and four code enforcement officers who identify problems early on and keep lines of communications open. Their efforts also represent a signifi- cant effort on behalf of the Town to send out a broad message that, despite construction, business is open as usual. The Construction Team is assigned to four zones which are patrolled seven days a week. 22 THE INVESTIGATIVE UNIT Detectives are plain-clothed investigators who gather facts and collect evidence for criminal cases. Some are assigned to interagency tasks to combat specific types of crime. Some of their duties involve examining crime scenes, investigating establishments or persons to gather facts support- ing acomplainant or an accused, conducting interviews, testifying before courts and grand juries, and preparing assigned cases for court and responses to charges. Cases handled by detectives typically result from calls initially investigated by patrol officers. Depending upon the complexity or nature of the call, a detective may be called to a crime scene to assist patrol officers. In some instances, the detectives will work with the patrol officer rather than assume the case directly. The Investigations and Patrol Divisions work closely together, sharing information as it is learned and solving cases with great diligence. Detectives also serve as patrol officers when necessary for staffing. RECORDS SECTION The Administrative Commander oversees the Records Section which is comprised of one Records Manager, one Executive Assistant and four Records Technicians. Three Technicians work 30 hours per week, while one works 40 hours per week. The Executive Assistant performs administrative, budgetary and secretarial functions to maintain department operations. The Records Technicians perform criminal justice records management functions which include classifying crime reports for NIBRS (National Incident-Based Reporting System), coding statistical information into Colorado Crime Information Center (CCIC), and preparing statistical reports for the Colorado Bureau of Investigation and the Federal Bureau of Investigation. They research and retrieve information for individuals and criminal justice agencies and staff the front desk area of the police depart- ment seven days a week. They also provide livescan fingerprinting services, perform breathalyzers and take over-the-counter reports for minor accidents. C t 23 ' i 7 ii 0 COMMUNICATIONS CENTER 911 ,~ . w~ P~ S ~-ri- C oran,~acanors ~ ~~ . ~~ . The Town of Vail's commitment to public safety starts with its state-of--the-art consoli- dated 911 Center, a countywide 800 mega- hertz radio system and new 911 phone equip- ment. The Vail Communications Center is located at the Vail Police Department and supports twenty-four hour a day operations for 12 public safety agencies including: law enforcement, emergency medical services and fire depart- ments across the county. ' Led by 9-1-1 Center Manager Paul Smith, 20 full-time communications professionals staff the Vail Communica- tions Center which handles on average 600 phone calls and dispatches over 400 responses a day. These professionals hold national and state certifications in Emergency Medical Dispatch and 9-1-1 call management. Operational cost for the Center is distributed to all 12 agencies with the Town of Vail's contribution approximately ' 38% of the operating budget. A portion of their budget is funded by the County 911 Board with fees from telephone bills. C In the Fall 2005, Paul Smith secured a $1.7 million grant to fund Eagle County's radio infrastructure. He also obtained another $317,000 grant to purchase radios for fire departments in the County. Smith is currently the Vice President of the Western Colorado NENA Group, which is a police lobbying group for 9-1-1 Centers across the nation. The first Digital Trunk Radio site was installed in Beaver Creek. The infrastructure allows for extended coverage on the east side of the county and allows for statewide communications. 24 COMMUNICATION CENTER ACTIVITY The Vail Public Safety Communications Center's (VPSCC) Vision is to develop Technical Excellence, Interpersonal Excellence and Center Synergy. The Center believes that vision creates momentum for the team. It provides guidance and inspires commitment. Units Dispatched Reports show the activity of the VPSCC. Totals are derived from the computer aided dispatch system and represent the total units dispatched to calls in 2005 and not the total of individual calls. In 2005, the VPSCC experienced a 2% increase in 911 calls over 2004. Wireless 911 calls comprise 60% of the emergency call volume and phase 2 wireless calls, defined as phones having the ability to trans- mitthe exact call location on the Center's mapping display or GIS system, make up roughly 4% of the wireless volume. Units Dispatched - 2005 Total 9,6 --- - - Other 560 Medical Fire Agencies ~ 16,543 Police Agencies 136,906 Phone Call - - • - 13% 25 911 Hardline COMMUNICATION CENTER ACTIVITY The twelve agencies for which the Vail Public Safety Communications Center provides services includes: Avon Police Department, Eagle Police Department, Eagle County Sheriffs Office, Minturn Police Department, Vail Police Department, Eagle County Airport Fire (AARF), Eagle County Health & Human Services, Eagle River Fire Protection District, Greater Eagle Fire Protection District, Gypsum Fire District, Western Eagle County Ambulance District and Vail Fire Department. Police Department (APD) Police Department (EPD) County Sheriffs Office ~) Iinturn Police Department (MPD) ail Police Department (VPD) Priority Levels Leve10: High Priority, Police/Law/ Fire/EMS notified Level l: EMS/Ambulance Incident Level 2: Fire Incident Level 3: Police, high Priority Leve14: Police, one unit required with possible backup unit. Level 5: Police, average incident Leve16: Police, low priority Level 7: Fire/EMS, low priority Law Enforcement Call for Service 70000 60000- 50000 40000 Ca II 35790 21596 62644 10000; 54 193 468 466 - 10 13 --~- -,- 1 2 3 4 5 6 7 8 9 Priority 26 THE SPIRIT OF VOLLINTEERISM In 2005, thirty-five volunteers performed 2,821 hours of non- enforcement functions, thus enabling department staff to engage in critical problem solving and community policing activities. The volunteer hours worked in 2005 add up to $48,493 in savings to the Town of Vail. Services provided in 2005 included: translation, computer input of victim and crime information from our previous records management system into our new system, operation of the police auction, recreational equipment registrations, court support and organization of the Annual Town of Vail Holiday Party. Special events support included assignments on New Year's Eve and July 4th, the Annual Peace Officers' Ski Race, Eagle County Emergency Services Tribute, Annual Make a Difference Day, the Rotary Rubber Duck Race, and the Fall Skateboard Event. Back rotiv, left to right: Cornrnander Russell, Chief Henninger Front row: Volunteer Selak, Rec•orcls Technician PuntenneV Selak receives Volunteer of the Year Award from the Colo- rado Association of Chiefs of Police in June 2005. The Vail Police Department is an active member of the Volunteers in Police Service (NIPS) organization. VIP is managed by the International Association of Chiefs c Police in partnership with and on behalf of the White House Office of the USA Freedom Corps and the U.S. (Right to left) Chief Dwight Henninger, Vail Code Enforcement Ofticer Moses Gonzales and Vail Police Volunteer Coordinator Gilda Kaplan attend a Colorado Cares Volunteer Service Award cere- mony hosted by Colorado governor and lieutenant governor. Gonzales was one of 11 recipients to receive the award. (Left to right: Colorado Governor Bill Owens and Vail Code Enforcement Ol~ticer Moses Gonzales) Gonzales receives a Colorado Cares Volunteer Service Award in August 2005. 27 LAW ENFORCEMENT ACTIONS AND CRIME STATISTICS 'The Vail Police Department acquired a countywide, multi-agency computer aided dispatch and records manage- ment system in June 2004. The new system enhances our ability to collect, retrieve and analyze real-time data. Calls for service decreased between 2004 and 2005 due to a change in the way calls were captured and counted in 'this new system. And Incident Numbers dropped from the previous year due to alarm calls no longer requiring an Incident Report Number. _ __ 53,845 3, 886 52,527 3,586 52, 923 3,344 62,433 3,354 44,304 2,578 .- 650 I 638 I 588 I 559 I 648 I Incident report numbers are assigned to calls for service when an o~cergenerates paperwork, does follow-up investigation on a case or when certain types of calls require an incident report number by department policy. See pages 30-32 for more discussion on crimes. 28 ACCIDENTS REPORTED 2001 - 2005 ._-~ 1otalAccidents ~~U i>~u ~~~ ~~`~ ;' Accidents involving alcohol and/or drugs 15 22 19 13 23 of Total Accidents Iavolviag ,v~at,oi an~ar nr~~~~ 23 3.5 32 2.4 3.5 The area where the most frequent motor vehicle accidents occurred in 2005 were on Interstate 70 westbound, Interstate 70 east- bound, the Vail Village Parking Structure and 2107-2271 N Frontage Road. The most common violation was Speeding 15-19 MPH Over the Limit for which 146 tickets were issued, followed by Speeding 20-24 MPH Over the Limit for which 82 tickets were issued. There were 6,065 parking tickets issued. 2005 VAIL POLICE CALLS FOR SERVICE BY PRIORITY Priority 7 Priority 6 Priority 5 Priority 4 Priority 3 Priority 2 Priority 1 Priority 0 Different priority levels are set for each call for service that will best determine the needed response from a police officer. The levels determine whether an officer should respond with lights and sirens immediately or the call can be held for an extended period of time. An example would be a Priority 1 requiring lights, sirens and immediate response, whereas a Priority 3 requires a normal response without having to run at a high rate of speed. 29 0 5000 10000 15000 20000 25000 30000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The 10 top calls for service in 2005 included tra~c controUstops/complaints, follow-up investigations, patrol and citizen assists, parking problems, prisoner processing, I alarms, motor vehicle accidents, suspicious oc- I currences, thefts and bar checks. ~I Other top calls for service included noise i violations, municipal ordinance violations, animal complaints, civil standbys, bear calls 'and disturbances. -- - 2005 Calls for Service in Vail by Day of Week '~ The department's highest call volume occurs on Fridays and Saturdays, and from 7:00 am (0700 hrs) to 4:00 pm (1600 hrs). i ~I In 2005 calls for service handled by Vail Police Officers and Code Enforcement Officers were either self-initiated or dispatched. i Of the 44,304 calls for service in Vail, 66% i were self-initiated, 30% were received by ~ phone and 4% were received as a 911 call. 2005 Calls for Service in Vail by Hour of Day 30 Sl MO TU V~£ TH FR 54 a:ao zao a:ao s:ao soo ioao izao ia:oo isao iea 2¢0o zzoo 2005 Incidents in Vail by Month Incident report numbers are assigned to calls for service when an officer generates paperwork, does follow-up investigation on a case or when certain types of calls require an incident report number by department policy. January and February were the busiest months in 2005. Fridays and Saturdays were the busiest days for taking incident reports. 2005 Incidents in Vail by Day of Week In 2005, the top 10 incidents assigned case numbers included: motor vehicle accidents, ~ thefts, vandalism, drug violations, fraud, trespassing, simple and aggravated assaults, protective custody, public order crimes and drunk driving offenses. 31 Jan Feb Mar Apr May Jun JJ Aug gp M Nw Dac 31 MO TU V~ TH FR 9\ CRIMINAL ACTIVITY Sexual Offenses: In 2005, eight cases of sexual assaults were reported, which was a marked decrease from the 18 cases of sexual assaults reported the previous year. Of the eight cases, three resulted in arrests. Of those cases, six of the offenders were strangers to the victim, one was an acquaintance and one was an ex-boyfriend. The eighth case was unfounded. Of the seven actual crimes, three cases occurred at a bar, one case occurred in the Vail Parking Structure, one occurred at a specialty store, one occurred at the victim's residence and one occurred at the offender's residence. ' Of the two cases that were closed without an arrest, one of the victims stated she was sexuall assaulted in the Y ' women's restroom of a bar. She later refused to cooperate and did not want to pursue any further action. The second victim said her ex-boyfriend sexually and verbally assaulted her at her residence, but she was incapable of providing ' further information. Kidnapping: ' A 35-year old, white male was reported kidnapped by his wife after two men had broke into their East Vail home, ' bound her with duct tape and forced him to leave with them. After the wife reported the kidnapping, she was taken to a safe house. Investigation revealed the male concocted his own kidnapping. He was subsequently charged with aggravated robbery, false imprisonment, menacing with a deadly weapon, theft, false reporting to authorities and ' domestic violence. The wife subsequently filed for divorce. ' A second kidnapping case involved a baby sitter who failed to turn over afive-month old baby to its mother at a West Vail location. Vail police put out an Amber Alert, located the babysitter and subsequently worked with Arvada Po- ~ lice Department to pick up the baby. Robbery: 1 Two bank robberies in 2005 sparked national attention. The investigation of an armed bank robbery in March ' resulted in the arrest of two Australian men, called "Dumb and Dumber" by Australian Press, and recovery of stolen cash. Both were sentenced to federal prison and ordered to pay restitution. A second bank robbery occurring in December is still under investigation. Burglary: In 2005, there were 40 cases of burglary reported, compared to 50 cases reported in 2004. Of those 40 cases, 16 were burglaries of commercial locations, including five at hotels, three at construction sites and eight at restaurants and liquor stores. A further breakdown shows that four of the commercial burglaries were forced entries and 12 were non-forced entries. Of the 18 cases which occurred at a residence, two were forced entries and 16 were non-forced ' entries. 32 The department offers vacation security checks, where a patrol officer will check residential and commercial proper- ties in an owner's absence. Fraud: In 2005, there were 132 cases of fraud reported, while 110 cases were reported in 2004. This represents nearly a 17% increase. It is important to note, 63 of 2005 fraud cases were Deceptive Use of Ski Facilities where offenders sneak onto lifts with someone else's mountain ski pass. If the pass is stolen, theft charges are also filed. These offenses typically increase when spring approaches and spring breakers roll into town and seasonal workers who already had their passes ' taken away, try to get on the mountain with other people's passes. Assault: There were 82 assaults reported in 2005, close in number to the 79 cases reported in 2004. Total number of assaults includes both aggravated and simple assaults. Aggravated assaults are those involving a weapon or inflicting severe or aggravated bodily injury. In 2005, there were 35 cases of domestic violence. Of those 35 cases, six were verbal only. In 2004, there were 30 cases of domestic violence. To promote a message aimed at providing a safe experience for those enjoying the town, the department stepped up enforcement of assaults and trespasses at liquor establishments in fall of 2005 through a campaign called Bar Safe. The effort partners the police, the town prosecutor and bar merchants. Theft/Larceny: The number of larcenies and thefts reported in 2005 are not far off from the number of larcenies and thefts reported in 2004. There were 404 reported in 2005 and 397 reported the previous year. Of the 404 larcenies reported last year, 61 involved theft of skis and snowboards. That is nearly double of ski and snowboard thefts reported in 2004. This is most likely due to an increase in skiers and snowboarders visiting Vail Mountain, lured by more snowfall than Vail has seen in the last 15 years. The current winter season ranks fourth in snowfall in the history of the resort. Motor Vehicle Theft: Thirteen vehicle thefts were reported in 2005, compared to 10 reported in 2004. All 13 vehicles were recovered in 2005, and all 10 vehicles were recovered in 2004. Three of the incidents reported in 2005 were determined to be unfounded. Arson: In 2005, two cases of Arson were reported, while in 2004, only one case was reported. One of the 2005 cases involved an unknown male suspect setting a bus stop in West Vail on fire. The second case involved a fire that was set inside an apartment located on Lionsridge Loop. No suspects were apprehended. 33 2005 PROFESSIONAL STANDARDS REVIEW There were 14 professional standard cases assigned in 2005, more commonly known as internal affairs investigations, regarding department personnel. The following topics were investigated or reviewed. Additionally, the department investigated all use of force incidents and motor vehicle accidents involving employees. Professional Total # Internally Externally Disposition Standards Incidents Generated Generated Category False 1 1 Sustained, violation of Statements department values Improper 1 1 Unfounded Behavior Misconduct 2 2 Exonerated Failure to 1 1 Sustained, resigned Follow Orders Harassment/ 1 1 Exonerated Improper Arrest Rudeness 3 3 1 Exonerated 2 Verbal Counseling Traffic 5 5 3 Verbal Counseling Accidents 2 Written Reprimand Use of Force 14 14 Within Policy Reports * 3 Were from wildlife being put down At the conclusion of any major or minor Professional Standards investigation other than motor vehicle accidents, the disposi- tion is represented in one ofthe followingfindings: Sustained.• the allegation is substantiated; misconduct did occur. Not Sustained.• the allegation is not substantiated, as there is insufficient evidence to prove or disprove the claim. Un ounded.• the allegation is false or not factual; no misconduct; the incident did not occur or did not involve the employee named. Exonerated.• the incident occurred, but the employee involved acted lawfully and properly. Organizational Issue: the incident occurred, but not through any fault of the employee; rather, because of an organizational, procedural or training deficiency. 34 ro-t~v~ raww o ~ ~ a~Lta-thy c ~ , r~.av~v yo-w fro-vh, alL o f u~ at- ti~ Va,%L ~o~ ~epav~-vr~.vtit for yon ~ppa~ Mark Allen Julie Anderson Jim Applegate Brad Baldwin Ashley Bell Craig Bettis Steve Blair Chris Botkins Stephanie Braga Bill Bresnahan Rafael Caballero Christine Casey Bill Clausen Becky Comroe Shannon Cordingly Kris Cureau Lee Demarest Jessica Deery Donyelle Dewey Justin Dill Beth Dobransky Amy Domke Annette Dopplick Susan Douglas Charlie Erickson Dirk Etheridge Robyn Fetterolf Sam Graves David Guiterman Chad Gummere Moses Gonzales Michelle Grey Audrey Gulick Dwight Henninger Kathie Hughes Chas Humprhey Susie Huxford Rusty Jacobs Gilda Kaplan Jennifer Kirkland Joanna Kluender Kevin Luse Fran Micka George Mascarenas Christian Mohr Kurt Mulson Ryan Millbern Jenifer Mitchell Shanlynn Myers-Prater Matt Neihart Maryanne"Odell Jackie Ogden Robert Petrowsky Caroline Puntenney Jennifer Rosely Gary Rollins Mabel Selak Paul Smith Dan Torgerson Kelly Weiskirch Marc Wentworth Craig Westering Linda Wolz Steve Wright Mark Zaloudek ~\ 1!UPi vrw%tPi yo~v for ~ u~ ceU~ratPi o-ur 40tlv~l n~vver~ary Opevv}Eo~i o~w Septe~~,l'~er 9t1ti, 2006 iooo a wv. -2:0o p. m. '~ Lo~o~C• for i~~rwuct'~o-v~. pa~tecL o-vv o~u~r weep `~at www. va~,~ow. co-v-~,~po~ ar GaLL 9 70 -4 7 9 -2 21'0. j. 35