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HomeMy WebLinkAbout2007-02-20 Support Documentation Town Council Work Session TOWN COUNCIL WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 3:15 P.M., TUESDAY,. FEBRUARY 20, 2007 NOTE: Times of items are approximate, subject to change, and cannot be rolled upon to determine at what time Council will consider an item. 1. George Ruther ITEM/TOPIC: PEClDRB Update. (15 min.} 2. Mike McGee ITEMITOPIC: Discussion of Ordinance No. 1, Series of 2007. Matt Mire An ordinance amending title 10, Vail Town Code; adopting chapter 3, "in-building public safety radio system coverage"; providing minimum standards for in-building radio system coverage; and - setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Discussion of Ordinance No. 1, Series of 2007. BACKGROUND RATIONALE: The ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within structures and buildings to personnel and locations outside of the building and structures, is vital to the public and these responding agencies.. A breakdown to communications among emergency responders and public safety personnel creates a serious risk of harm to and is a serious threat to the safety and welfare of emergency personnel, the citizens of the Town of Vail and the public in general. STAFF RECOMMENDATION: Discussion of Ordinance No. 1, Series of 2007. , 3. Steve Wright ITEMITOPIC: Discussion of Ordinance No. 6, Series 2007. An Matt Mire ordinance designating certain streets and highways within the Town of Vail as off-highway vehicle routes for municipal use of off- highway vehicles; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Discussion of Ordinance No. 6, Series 2007. BACKGROUND: The Town's Public Works Department has purchased Off-Highway Vehicles, as defined by C.R.S. § 33-14.5- 101, to use for municipal maintenance. Pursuant to C.R.S. § 33- I 14.5-110, any county, city and county, city, or town acting by its, g governing body may regulate the operation of Off-Highway Vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance of the governing body and by giving ~ , appropriate notice thereof. F STAFF RECOMMENDATION: Discussion of Ordinance No. 6,. Series 2007. 4. ITEMITOPIC: Information Update. (10 min.) 5. ITEMITOPIC: Matters from Mayor & Council. (10 min.) 6. Matt Mire ITEMITOPIC: Executive Session, pursuant to C.R.S. § 24-6-402(4)(axb)(e) - To discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, regarding LionsHead parking structure redevelopment. (30 min.) 7. ITEM/TOPIC: Adjournment. (4:40 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, MARCH 13, 2007 IN THE 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. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING February 12, 2007 T(IWNOF~Ait . 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Chas Bernhardt Bill Jewitt Doug Cahill Bill Pierce Anne Gunion Dick Cleveland Rollie Kjesbo NO SITE VISITS 60 minutes 1. A request for a worksession to discuss text amendments to Title 12, Zoning Regulations, Vail Town Code, to add commercial linkage requirements and inclusionary zoning requirements to the Zoning Regulations for the purpose of mitigating employee housing impacts resulting from development in the Town of Vail, and setting forth details in regard thereto. (PEC06-0084) Applicant: Town of Vail Planner: Nina Timm ACTION: Tabled to February 26, 2007 MOTION: Kjesbo SECOND: Bernhardt VOTE:6-0-0 Nina Timm gave a presentation per the staff memorandum. The Chairman opened the meeting to public comment. Peter Knobel stated that all of the employee housing needs to be provided in the Town of Vail. He would also like to see any requirements phased in over time so that the market values of properties can adjust. Dominic Mauriello representing Lionshead Inn and other clients expressed concern that the PEC has not been provided the Rational Nexus or Town Council Memorandums. The same information is not being shared with PEC as Town Council. Jim Lamont commented that there is too much growth and redevelopment occurring in Town. Kaye Ferry stated that the PEC should determine who the employee housing program should house. Town Council is looking for the PEC's direction and was confused at their last meeting that they were seeing the item again. The Commission stated they understand that there is an employee housing issue in the Town, but expressed concern about the lack of an overall employee housing plan for the Town of Vail. Concern was expressed about who this housing program is supposed to provide units for and without that answer it is difficult to know how many units and what type of units are needed. There was support for linkage programs for both commercial and residential development Support was also expressed for a funding source, as long as there is an acceptable plan in place for spending the money. The Commission would like more answers prior to providing a recommendation to Town Council. Page 1 10 minutes 2. A request for a final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 11 and 12, Bighorn Subdivision, located at 4852 and 4856 Meadow Lane, and setting forth details in regard thereto. (PEC07-0001) Applicant: Meadowlark Development Partners, LLC, represented by Greg Amsden Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Bernhardt VOTE:6-0-0 CONDITION(S) 1) The applicant shall not be permitted to request any variances subsequent to the approval of this plat for Lots 11 and 12, Block 7, Bighorn 5th Addition, on the basis that the approved plat created a hardship for developing these lots. Warren Campbell gave a presentation per the staff memorandum. John Martin, the architect of the homes to be proposed on the lots, representing the applicant, explained why the access to the design to be proposed necessitated the shift in the shared property line. There was no public comment. The Commission expressed there support of the application. Commissioner Cleveland suggested a condition be placed upon the approval stating that no variances could be requested in the future as a result of the replat. 3. A request for a final review of an appeal of an administrative action, pursuant to Section 12-3-3B, Appeal of Administrative Actions, Vail Town Code, appealing a determination made by the Zoning Administrator that for zoning purposes Condominium Unit E, Covered Bridge Building shall be considered the "first floor or street level" of the building, located at 227 Bridge Street/Lot C and D, and the southwesterly four feet of Lot B, Block 5-B, Vail Village First Filing, and setting forth details in regard thereto. Appellant: Covered Bridge, Inc., represented by Carson, Carson and Dunkelman, LLC Planner: George Ruther ACTION: Uphold MOTION: Kjesbo SECOND: Cleveland VOTE:6-0-0 George Ruther made a presentation per the memorandum to the Planning & Environmental Commission dated, February 12, 2007. Based upon review of the evidence and testimony, staff was recommending that the Commission upholds the administrative action of staff dated, December 1, 2006. Paul Dunkelman, representing Covered Bridge Inc. the owner of Condominium Unit E, indicated that based upon his review of the Zoning Regulations, Condominium Unit E can not be interpreted as the first floor or street level of the building. Mr. Dunkelman went on to present photographs of the Cover Bridge Building and urged the Commission to overturn staff's interpretation. The Chairman opened the meeting to pubic comment Page 2 Kaye Ferry, on behalf of the Vail Chamber indicated that Vail's Zoning Regulations were very clear on the issue. The space in question was and always has been required to be retail by Zoning. Kaye asked the Commission not to change 34 years of development history in Vail Jim Lamont indicated that he was the author of the 1975 ordinance cited by the staff. He further stated that it was understood that physical conditions such as those existing at the Covered Bridge Building were contemplated and understood when the ordinance was adopted. The Commissioners stated their support for the administrative decision of staff determining that Condominium Unit E in the Covered Bridge Building was the street level of the building and the second floor as contended by Mr. Dunkelman. In coming to this conclusion, the Commissioners cited the purpose of the 1975 ordinance, the fact that all codes are open to a certain amount of interpretation, the information presented by staff and the longstanding and consistent application of the regulation by the Town of Vail. In voting to uphold staff's interpretation, the Commission cited the findings of fact listed on page five of the staff memorandum 4. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-7H-10, Setbacks, 12-7H-14, Site Coverage, and 12-7H-15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks, and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark Condominium Association, Iric., represented by Geoff Wright Planner: Bill Gibson ACTION: Tabled to February 26, 2007 MOTION: Cleveland SECOND: Bernhardt VOTE:6-0-0 5. A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1895 West Gore Creek Drive/Lot 26, Block 2, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC07-0002) Applicant: Nancy Hassett, represented by Miramonti Architect PC Planner: Bill Gibson ACTION: Tabled to February 26, 2007 MOTION: Cleveland SECOND: Berhardt VOTE: 6-0-0 6. Approval of January 22, 2007 minutes MOTION: Cleveland SECOND: Bernhardt VOTE: 5-0-1 (Kjesbo) 7. Information Update 8. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Page 3 Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department /Published February 9, 2007, in the Vail Daily. Page 4 DESIGN REVIEW BOARD AGENDA PUBLIC MEETING ` February 7, 2007 3:00 P.M. PROJECT ORIENTATION /LUNCH WILL NOT BE SERVED- Council Chambers 1:OOpm MEMBERS PRESENT MEMBERS ABSENT Mike Dantas Sherry Dorward Pete Dunning Lynne Fritzlen Margaret Rogers SITE VISITS 2:30pm 1. Vail Trails - 433 Gore Creek Drive Driver: Bill PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:OOpm 1. The Willows DRB06-0489 / 15 minutes George Final review of new construction (major exterior alteration) 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1 Applicant: The Willows Condominium Association, Inc., represented by Triumph Developrnent, LLC ACTION: Approved with conditions MOTION: Dorward SECOND: Dantas VOTE: 5-0-0 CONDITION(S): Approved per red-lined corrections noted on the DRB plans dated January 21, 2007 2. Timberline Roost Lodge DRB07-0009 / 15 minutes George Final review of change to approved plans (recreational amenities) 1793 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision Applicant: Timberline Roost Lodge, LLC, represented by Greg Gastineau ACTION: Tabled to February 21, 2007 MOTION: Dorward SECOND: Dantas .VOTE: 5-0-0 CONDITION(S): 3. Robert and Helen Howard Trust DRB07-0004 / 15 minutes George Final review of a minor alteration (change to exterior finish) 3956 Lupine Drive/Lot 4, Block 2, Bighorn 1St Addition Applicant: Robert & Helen Howard Trust, represented by Aker Architects ACTION: Tabled to February 21, 2007 MOTION: Dorward SECOND: Dantas VOTE:5-0-0 CONDITION(S): 4. Vail Trails DR607-0011 / 15 minutes Bill Conceptual review of a residential addition (exterior renovations) 433 Gore Creek Drive/Lots 1-15, Vail Trails Chalet Applicant: Vail Trails Homeowners Association, represented by Jeff Manley ACTION: Conceptual, no vote Page 1 i a~ t~ 5. English & Associates DR607-0008 / 15 minutes Bill Conceptual review of new construction (two duplexes) 809 and 811 Potato Patch Drive/Lots 31 and 32, Vail Potato Patch Applicant: Michael English, represented by K.H. Webb Architects, PC ACTION: Conceptual, no vote i 6. Monogram Real Estate, LLC DRB06-0558 / 15 minutes Bill ~ Conceptual review of new construction (duplex) 745 Forest Road/Lot 7, Block 2, Vail Village Filing 6 Applicant: Monogram Real Estate LLC, represented by K.H. Webb Architects, PC ACTION: Conceptual, no vote 7. Landmark Condominiums / DRB06-0540 / 15 minutes Bill Final review of a major exterior alteration (fagade upgrade) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Landmark Commercial Development., represented by Geoff Wright ACTION: Tabled to February 21, 2007 MOTION: Dunning SECOND: Dantas VOTE: 4-0-1 (Fritzlen recused) 8. Landmark Condominiums DRB06-0487 / 15 minutes Bill Conceptual review of a major exterior alteration (residential addition) 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3 Applicant: Landmark Condominium Association, Inc., represented by Fritzlen Pierce Architects ACTION: Conceptual, no vote Staff Aaarovals Lessans Residence DRB06-0560 Warren Final review of a residential addition (driveway and entry addition)) 1325 Westhaven Circle/Lot 49, Glen Lyon Subdivision Applicant: Marc Lessans, represented by William Restock Kirby Residence DRB06-0559 Bill Final. review of a residential addition (deck enclosure) 217 Rockledge Road/Lot 13, Block 7, Vail Village Filing 1 Applicant: Steve Kirby, represented by Fritzlen Pierce Architects Pollock Residence DR607-0013 Warren Final review of change to approved plans (landscaping) 4289 Nugget Lane/Lot 6, Bighorn Estates Applicant: Eric and Ellen Pollock, represented by Colorado Mountain Home Properties Eagle Point Condominiums DRB06-0571 Warren Final review of a residential addition (elevator) 1500 Matterhorn Circle/Eagle Point Condominiums Applicant: Eagle Point Condominium Association, represented by Christopher Green, AIA Baker-Moraine Ltd. DRB07-0021 Warren Final review of a residential addition (entertainment room) 1428 Moraine Drive/Lot 14, Dauphinais Moseley Subdivision Applicant: Baker-Moraine Ltd., represented by Danny Swertfeger Page 2 P Breakaway West DRB07-0022 Bill Final review of a minor alteration (renewal of DRB05-0340) 953 and 993 Lion's Ridge Loop/Block 3, Block B, Lion's Ridge Filing 1 Applicant: Breakaway West Condominium Association, represented by Tom DuBois Francoise Residence DRB07-0023 Bill Final review of a residential addition (basement) 2834 Snowberry Drive/Lot 18A, Block 9, Intermountain Subdivision Applicant: Reginald and Susan Francoise, represented by Stephen Croke Apollo Park DRB07-0014 George Final review of a minor alteration (swimming pool) 442 South Frontage Road/Lot 1, Tract A, Vail Village Filing 5 Applicant: Lunar Vail, LLC, represented by Ron Byrne & Associates Riverbend Condominiums DRB07-0010 Warren Final review of a minor alteration (new roof, exterior materials) 4800 Meadow Drive/Riverbend at Vail Applicant: Leslie Illes, represented by Ankerholz, Inc. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 3 ORDINANCE NO. 1 . SERIES OF 2007 AN ORDINANCE AMENDING TITLE 10, VAIL TOWN CODE; ADOPTING CHAPTER 3, "IN-BUILDING PUBLIC SAFETY RADIO SYSTEM COVERAGE"; PROVIDING MINIMUM STANDARDS FOR IN-BUILDING RADIO SYSTEM COVERAGE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council finds that the ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within buildings and structures to personnel and locations outside of the building and structures, is vital to the public safety and welfare; and WHEREAS, The Council further finds that a failure to communicate in the above- referenced manner creates a hazard to emergency providers, residents and guests; and WHEREAS, the Council wishes to adopt minimum standards regarding in-building amplification to ensure a reasonable degree of reliable emergency services communications from within certain buildings and structures in the Town, between public safety providers, and to and from the Town of Vail Emergency Communication Center. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE: TOWN OF VAIL, COLORADO, THAT: Section 1. Title 10 of.the Vail Town Code is hereby amended by the addition of Chapter 3 to read as follows: Ordinance No. 1, Series of 2007 1 t Chapter 3 In-Building Public Safety Radio System Coverage SECTION: 10-3-1: Purpose 10-3-2: Radio Coverage 10-3-3: Application of Provisions 10-3-4: Enhanced Amplification Systems 10-3-5: Testing 10-3-6: Qualifications of Testing Personnel 10-3-7: Property Owner Maintenance Responsibilities 10-3-8: Exemptions 10-3-9: Failure to Comply 10-3-10: Appeals 10-3-1: PURPOSE: The purpose of this Chapter 3 is to establish minimum standards within certain buildings in the Town of Vail to ensure a reasonable degree of reliable emergency service . communications from within certain buildings and structures in the Town, between public safety providers, and to and from the Town of Vail Emergency Communication Center. 10-3-2: RADIO COVERAGE: Except as otherwise provided, no person shall erect, construct or modify any building or structure or any part thereof, or cause the same to be done, which fails to support adequate radio coverage for public safety agencies, including but not limited to police, fire, emergency medical services and public works departments. For purposes of this Chapter, adequate radio coverage shall include those specifications set forth in the Town of Vail In- Building Public Safety Radio System Coverage Specifications, which may be amended by resolution of the Town Council and which shall be kept in the office of the Town Clerk. A certificate of occupancy shall not be issued for any building or structure which fails to Ordinance No. 1, Series of 2007 2 comply with this requirement. 10-3-3: APPLICATION OF PROVISIONS: For the purposes of this Chapter, definitions of basement, building, structure, occupant load, and related elements shall be as defined in the International Building Code. To the extent that the provisions of this Chapter apply to structures and buildings already in existence at the time of the adoption of this Chapter, the owner of said structure or building shall have eighteen (18) months, from the time the owner is notified in writing by the Town of Vail of the need to comply, to file a plan of compliance. Thereafter, the owner shall have an additional eighteen (18) months to bring the building or structure into compliance herewith. A. New buildings and structures greater than 25,000 gross square feet or modifications to existing buildings or structures which cause the buildings to be greater than 25,000 gross square feet. B. Existing buildings and structures of less than 25,000 gross square feet that have occupancy loads of over one-hundred (100) persons, regardless of the occupancy. C. All basements where the occupancy load is greater than fifty (50) persons, regardless of the occupancy. D. All sub-level parking areas where radio communications do not meet the minimum requirements as set forth by this Chapter. 10-3-4: ENHANCED AMPLIFICATION SYSTEM: Where buildings and structures are required to provide in-building amplification systems to achieve adequate signal strength, such buildings and structures may use any or all of the following: radiating cable systems, internal multiple antenna systems with a frequency range as specified, with amplification systems as needed, or any other system approved by the Town of Vail. 10-3-5: TESTING: In-building amplification systems as required by this Chapter shah undergo initial Ordinance No. 1, Series of 2007 3 testing, annual testing and periodic five year testing in accordance with the Town of Vai{ In-Building Public Safety Radio System Coverage Specifications, which are incorporated into this Chapter by reference and which shall remain on file in the office of the Town Clerk. 10-3-6: QUALIFICATIONS OF TESTING PERSONNEL: All tests shall be conducted, documented, and signed by a person in possession of a current Federal Communications Commission ("FCC") general radiotelephone operator license. All test records shall be retained at the inspected premises by the building owner and a copy submitted to Vail Fire & Emergency Services (Fire Department) within thirty (30) days of when the test has been conducted. In the event the test shall. fail to comply with the minimum requirements, appropriate repairs shall be made and additional tests conducted until tests meet the minimum requirements of this Chapter. 10-3-7: PROPERTY OWNER MAINTENANCE RESPONSIBILITY: Upon verification of the initial testing: A. The property owner shall be responsible for maintenance of the system. B. A copy of the maintenance contract, excluding costs, shall be provided to the Town of Vail Fire Department with the name of contractor, who will supply a 24-hour, 7- day per week emergency response within four (4) hours after notification by the Town of Vail or the property owner. C. The maintenance contract shall also contain information as to contact personnel with phone numbers. Property owners shall also submit information to the Vail . Public Safety Communications Center with phone numbers for the property owner and manager. D. The property owner shall also be responsible for making any repairs, replacement or upgrades to the systems as directed by the Town of Vail, should the system fail or no longer work in the future. 10-3-8: EXEMPTIONS: A. Single family I duplex residences and attached garages constructed under the International Residential Code are exempt from the requirements in this Chapter. Ordinance No. 1, Series of 2007 4 i B. Single family /duplex residences and attached garages constructed under the International Building Code, under 25,000 gross square feet, are exempt from the requirements in this Chapter. C. Buildings that meet the minimum In-bound and Out-bound signal strength specifications as delineated in the Town of Vail In-Building Public Safety Radio System Coverage Specifications. 10-3-9: FAILURE TO COMPLY: Failure to comply with any provision of this Chapter shall be grounds for the Town of Vail to refuse to issue a Certificate of Occupancy or to revoke any previously issued Certificate . of Occupancy for the building or structure. Building owners who fail to comply may be subject to additional enforcement actions as provided for in the Town of Vai( Municipal Code or Colorado law, which may include a summons and complaint and/or injunctive relief. 10-3-10: APPEALS: A written appeal may be made to the Building Code Board of Appeals regarding the revocation of the Certii'ICate of Occupancy, or a failure to issue a Certificate of Occupancy, within thirty (30) days of the revocation or from the date of the Town's decision to not issue said certificate. Appeals shall. be made to the Town of Vail Building Code Board of Appeals'to provide for reasonable interpretations of the provisions of this Chapter. The Board of Appeals shall render timely decisions and findings in writing to the Town of Vail Fire Chief, with a duplicate copy to the appellant. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. This ordinance shall become effective seven (7) days after final Ordinance No. 1, Series of 2007 5 i 0 passage. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20"' day of February, 2007, and a public hearing for second reading of this Ordinance set for the 13"' day of March, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series of 2007 6 ATTACHMENT "A" TOWN OF VAIL IN-BUILDING PUBLIC SAFETY RADIO SYSTEM COVERAGE. SPECIFICATIONS 1. Performance Specifications are provided to assist property owners in satisfying a delivered audio quality (DAQ) of 3 with a 90% reliability factor for emergency personnel using radio communication in their buildings and .structures. Property owners who can demonstrate full compliance with the reliability factor without adhering to all of the following specifications may be excused from all or part of these provisions. Property owners who adhere to all of the specifications and fail to reach the reliability factor must employ all resources necessary to ensure full compliance. Performance and compliance will be inspected annually as part of the Vail Fire & Emergency Services Fire Inspection. 2. Signal Strength, Signal Rejection, Modulation Compatibility, and Delivered Audio Quality and Technical Specifications. The following defines the minimum required level of radio signal strength. A. Inbound into the building. 1. A minimum average in-building field strength of eve (5) micro-volts (-95 dbm) for both analog and digital systems throughout ninety-five percent (95%) of the area of each floor and one hundred percent (100%) of all occupied space of the building and structures, inclusive of stairwells, when transmitted from the Vail Public Safety Communications Center. 2. If the field strength outside the building where the receive antenna system for the in-building system is located is less than five (5) micro-volts (-95 dbm), then the minimum required in-building field strength shall be equal to the field strength being delivered to the receive antenna outside of the building. 3. As used in these regulations, ninety-five percent (95%) coverage or reliability means the radio will transmit ninety-five percent (95%) of -1- r the time at the field strength and levels as defined by these specifications. B. Outbound from the building. 1. A minimum average signal strength of five (5) micro-volts (-95 dbm) as received by the Vail Public Safety Communications Center. 2. All active devises shall include a minimum of twelve 12 hours of battery backup power. The battery system shall automatically charge in the presence of external power input. 3. There shall be connectivity between the amplification system and fire alarm system. All amplification equipment must be housed in a NEMA-4 sealed cabinet which must protect it from smoke, water, and fire damage. 4. Amplification equipment must have adequate environmental controls to meet the heating, ventilation, cooling and humidity requirements of the equipment that will be utilized to meet the requirements of these specifications. 5. The area where the amplification equipment is located also must be free of hazardous materials such as fuels, asbestos, etc. 6. All communications equipment including amplification systems, cable and antenna systems shall be grounded with a single point ground system of five (5) ohms or less. 7. The ground system must include an internal tie point within three (3) feet of the amplification equipment. 8. System transient suppression for the telephone circuits, ac power, radio frequency (RF) cabling and grounding protection are required as needed. 3. Applicable Federal Communications Commission Rule Compliance All equipment must be FCC certified and in compliance with FCC Rules and regulations. 4. Test Standards -2- The following method will be used to conduct the tests: A. Frequencies 1. Tests shall be made using frequencies close to the frequencies used by the emergency services. 2. If testing is done on the actual frequencies, then this testing must be coordinated with the appropriate emergency services. 3. All testing must be done on frequencies that are authorized by the, FCC. 4. A valid FCC license will be required if testing is done on frequencies different from the police, fire or emergency medical frequencies. B. Measurements Shall Be Made Using The Following Guidelines: 1. With a service monitor using a unity gain antenna on a small ground plane. 2. Measurements shall be made with the antenna held in a vertical position at three to four feet above the floor. 3. A calibrated service monitor (with a factory calibration dated within twelve (12) months) may be used to make the tests. 4. If measurements in a location are varying, then average measurements may be used. C. Initial Tests 1. Signal strength, both inbound and outbound as defined above, shall be measured on each and every floor above and below ground including stairwells, basements, penthouse facilities, and parking areas of the structure. 2. The structure shall be divided into 50-foot by 50-foot grids and the Measurements shall be taken at the center of each grid. 3. In critical areas such as: Fire Command Center's, elevators, stairwells, protect-in-place areas, lobby refuge areas, equipment rooms, high hazard areas basements, and underground parking areas, the grids shall be reduced to 25-feet. The size of the grids -3- may also be reduced at the discretion of Vail Fire & Emergency Services in areas where displays, equipment, stock or any other obstruction may significantly affect communications in those areas. 4. Each grid area will be tested for transmission/reception; minimum signal strength of -95 dbm. If signal strength fails to meet the requirement, the grid area shall be marked as a fail. 5. When talk back testing is conducted from the site to the Vail Public Safety Communications Center, it should be conducted on a two watt portable transceiver with speaker/microphone and flexible antenna. 6. A spot located approximately in the center of a grid area will be selected. for the test, then the radio will be keyed to verify two-way communication to and from the outside of the building. Once the spot has been selected, use of another spot within the grid area will not be permitted. 7. Field strength testing instruments are to be recently calibrated (within the past 12 months) and of the frequency selective type incorporating a flexible antenna similar to the ones used on the hand held transceivers. 8. The gain values of all amplifiers shall be measured and the results kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to re-run the acceptance test to re-establish the gain values. 9. Amplifier primary power shall be supplied from a dedicated breaker in the Emergency Panel. Such electrical breaker shall be clearly marked. 10. Amplifiers shall be provided with a means of electrical disconnect within 6 feet of the amplifier. Such means of disconnect shall be protected from accidental or unintentional operation. -4- D. Annual Testing 1. The property owner shall conduct an annual test of all active components of the system, including but not limited to amplifiers, power supplies and backup batteries, a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain is the same as it was upon initial installation and acceptance. 2. Backup batteries and power supplies shall be tested under load for a period of one (1) hour to verify that they will properly operate during an actual power outage. If within the one (1) hour test period, in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be extended for additional one (1) hour periods until the testing technician confirms the integrity of the battery. 3. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the intended purpose. E. Five Year Test In addition to the annual test, the building owner shall perform a radio coverage test a minimum of once every five (5) years to ensure that the radio system continues to meet the requirements of the original acceptance. The procedure set forth above shall apply to such tests. 5. Installation Standards A. All installations and maintenance shall be performed by Town of Vail Registered Contractors. B. Installations shall conform to at least the minimum standards as prescribed in the National Electrical Code, National Fire Protection . Association, International Building Code, Mechanical Code, Fire Code, and the Town of Vail Municipal Code. C. These standards are intended to provide a minimum set of criteria and are not limited to or by other nationally recognized practices. D. Manufacturer's specifications and recommendations shall be followed. -5- E. Where two or more standards, codes, specifications, or other technical criteria appear to conflict, the more stringent of the two shall apply. F. Nothing in these standards is intended to prohibit the use of new technology or equivalent means and methods. -6- ORDINANCE NO.6 Series of 2007 AN ORDINANCE DESIGNATING CERTAIN STREETS AND HIGHWAYS WITHIN THE TOWN OF VAIL AS OFF-HIGHWAY VEHICLE ROUTES FOR MUNICIPAL USE OF OFF-HIGHWAY VEHICLES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town of Vail (the "Town"), in the County of Eagte and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, The members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, The Town's Public Works Department has purchased Off-Highway Vehicles, as defined by C.R.S. § 33-14.5-101, to use for municipal maintenance; and WHEREAS, Pursuant to C.R.S. § 33-14.5-110, any county, city and county, city, or town acting by its governing body may regulate the operation of Off-Highway Vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance of the governing body and by giving appropriate notice thereof. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town of Vail is hereby authorized to operate Off-Highway Vehicles, as defined by C.R.S. § 33-14.5-101, over and upon those roads and streets within the Town of Vail contained to the north and south, respectively, by South Frontage Road and the Vail town boundary; and contained to the west by the west section line of Section 7, Township 5S, Range 80W, Sixth Principal Meridian; and contained to the east by the easterly lot line of Lot 17, Block 3, Vail Valley Subdivision, in conjunction with the Vail Valley Drive Right of Way and further depicted on the Off-Road Vehicle Approved Routes Map, which shall be kept on file with the Town Clerk. Section 2. The authority granted by this Ordinance expressly excludes the S. frontage Road, except for crossing said road in the manner provided for in C.R.S. § 33-14-112. Section 3. Any person who violates the provisions of this Ordinance shall by subject to penalties as set forth in C.R.S. § 33-14.5-101, et seq., as amended. Resolution No. 6, Series 2007 Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. This ordinance shall become effective seven (7) days after final passage. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20t" day of February, 2007, and a public hearing for second reading of this Ordinance set for the 13t" day of March, 2007, 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 Resolution No. 6, Series 2007 f~-2 Off-Road Vehicle ~pprov~ed Ro~~es ~1Aap ~ ~r R 0 1 -y kk7 ` t ' e f i ~ ~ f)-~ p° Town Boundary T v - _ _ ~ G' -~'~'ti ~ J i ~ ; art=••~ ,ice io i ~ _ 1~~~ ~r r- a ~ ~ 1 M ~ Fax r ~ ~ a ,.ao0 2,000 ~ , ~ ° ~ 0.25 0.5 ~ ii 1~. . y;;,~K a ~ ~f j f'{ ~ d p-- ~ Tli nrp'a~ caMbtl Gy tlM TOYS1 o1u9 613 wrtpa~p. Ibe of MY nMp YOW Ee b ProN pupora onlp. 7M Two of NI tltlanel wrmntM amuary of tlu Mdona~YOa wndiMa Irnh (xlrn alwasi,l+'os16r •a'k h appmRbra) RIB