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HomeMy WebLinkAbout2009-02-17 Agenda and Support Documentation Town Council Evening Session -t VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, FEBRUARY 17, 2009 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council, will consider an item. 1. ITEM/TOPIC: Citizen Input. (20 min.) 2. Dick Cleveland ITEMITOPIC: Presentation of 30 year award to Buck Allen, Vail's Municipal Court Judge. (5 min.) 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (30 min.) • Loading and Delivery Update. 4. Warren Campbell ITEM/TOPIC: A request for direction from the Vail Town Council on how to proceed with the South Frontage Road relocation application as it relates to use of Town -owned right -of -way or a roadway easement. (45 min.) ACTION REQUESTED OF COUNCIL: Provide staff with direction on how the Town Council wishes to proceed with the South Frontage Road relocation application (ie. town -owned right -of -way or easement). BACKGROUND RATIONALE: On January 20, 2009, the Town Council heard a work session presentation on the proposed South Frontage Road relocation application. An outcome of the work session was a request by the Town Council for Staff to prepare a list of potential pros and cons associated with locating the South Frontage Road within a right -of -way or within an easement. STAFF RECOMMENDATION: Staff recommends the Vail Town Council directs staff to prepare the South Frontage Road relocation application utilizing a town -owned right -of -way for the proposed road improvements. t 5. Matt Mire ITEMITOPIC: Ordinance No. 2, Series of 2009, an Ordinance Amending Title 6, Chapter 3, of the Vail Town Code Regarding the Offense of Disturbing the Peace in the Town of Vail; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 2, Series of 2008, on first reading. BACKGROUND RATIONALE: Text messaging and email have become a regular and consistent form of media and communication in the United States and elsewhere. This kind of communication can be abused and used for the purpose of harassing others. This type of harassment is already prohibited by Colorado State Statute. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 2, Series of 2009, on first reading. 6. Kathleen Halloran ITEMITOPIC: 2009 Budget Adjustments; First Reading of Ordinance No. 5, Series 2009, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, and Heavy Equipment Fund of the 2009 Budget for the Town of Vail, Colorado; and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Discuss the Town Manager's proposed budgetary adjustments for 2009, Ordinance No. 5, Series of 2009, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund and the Heavy Equipment Fund of the 2009 Budget for the Town of Vail, Colorado; and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto. BACKGROUND RATIONALE: Due to the decline in construction and concern with sales tax revenue, the Town Manager is proposing adjustments to the 2009 Budget which was passed on November 18, 2008. STAFF RECOMMENDATION: Staff recommends that the Town Council approves Ordinance No. 5, Series of 2009, upon first reading this evening. 7. Bill Gibson ITEM/TOPIC: First Reading of Ordinance No. 6, Series of 2009, an ordinance amending Section 12 -7H -3, Permitted and Conditional Uses; and Section 12 -16 -7, Use Specific Criteria and Standards, Vail Town Code, to allow business offices and professional offices as conditional uses on the first floor in the 1 LionsHead Mixed Use -1 District, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Ordinance No. 6, Series of 2009, on first reading. BACKGROUND RATIONALE: On February 9, 2009, the Planning and Environmental Commission forwarded a recommendation of denial to the Vail Town Council of Ordinance No. 6, 2009. This proposal could facilitate temporary business offices being permanently located on the first floor of the Treetops and Concert Hall Plaza buildings. This proposal could also facilitate new first floor offices throughout the entire LionsHead area. STAFF RECOMMENDATION: Deny Ordinance No. 6, Series of 2009, on first reading. 8. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 4, Series of 2009, an ordinance amending Chapter 5 -1, Public Nuisances, to minimize the potential negative effects of construction work lighting, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Ordinance No. 4, Series of 2009, on second reading. BACKGROUND RATIONALE: On February 3, 2009, the Town Council approved the first reading of Ordinance No. 4, Series of 2009, by a vote of 6 -0 -0. STAFF RECOMMENDATION: Approve Ordinance No. 4, Series of 2009, on second reading. 9. ITEM/TOPIC: Adjournment. (8:45 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, MARCH 3, 2009 IN THE VAIL TOWN COUNCIL CHAMBERS. MEMORANDUM TO: Vail Town Council FROM: Stan Zemler, Susan Douglas, Greg Hall, Tom Kassmel, George Ruther, Kelli McDonald, Suzanne Silverthorn SUBJECT: Interim Update on Vail Village Dispersed Loading and Delivery Pilot DATE: 2 -17 -2009 1. BACKGROUND On November 18, 2008, the Vail Town Council approved a pilot program for loading and delivery in Vail Village to begin January 9, 2009. The pilot program represents a key milestone in the town's efforts to facilitate a dispersed loading and delivery network in Vail Village using a combination of underground delivery bays, including the newly- opened Mountain Plaza facility and on- street loading zones. Dispersed operations have been underway in LionsHead since June 2008 with the opening of six public loading and delivery bays at the Arrabelle at Vail Square. Components of the pilot program are as follows: V_ ail Village Loading & Delivery Pilot Program • On- street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4 a.m. to 10:30 a.m. (shortened from 11:30 a.m.) on Gore Creek Drive. • No loading or delivery from Hanson Ranch Road across from the Christiania Lodge. This loading zone has been eliminated.* • The Mill Creek Court Building loading and delivery zone will be available from 6 a.m. to 10:30 a.m. (shortened from 11:30 a.m.)` • Outlying, dispersed loading and delivery options are available from 6 a.m. to 6 p.m., including use of the Mountain Plaza facility with 13 public bays. • Couriers must use designated loading zone areas for on- street delivery. • In the event of a closure on Vail Pass, on- street delivery hours will be extended as needed. The list of numerous exceptions developed previously will apply, as well as the Code of Conduct for drivers. • The pilot program will involve education and monitoring by the Vail Police Department as alternatives to strict enforcement. Recently modified Pilot Program Timetable • January 9 Pilot program begins. • February 17 Interim update to Town Council. • March 2 Loading and Delivery Working Group meeting, 11:30 a.m. ----- - - - - -- - -- - - - -- to-1 . . -3'own Council Chambers review -and - -- - - - -- -- evaluation. • March 17 Review and formalize dispersed loading and delivery_ - policies by Town Council 1 v 2. INTERIM OBSERVATIONS & MODIFICATIONS The transition to the revised loading and delivery policies in Vail Village has been monitored closely by the police department. Commander Susan Douglas has been serving as the primary point of contact for the pilot program. After educating the drivers, explaining the intent of the change and asking for their cooperation and feedback during the test phase, the program has been working well, according to observations by code enforcement officers. The majority of delivery drivers are able to complete their deliveries prior to 10:30 a.m. If they do not, drivers have willingly moved to the International Bridge loading zone or into the underground facility at Mountain Plaza. The community loading zones at Mountain Plaza are getting increased use as a result of the pilot program. Concerns have been expressed by supervisors at UPS and the United States Postal Service about added difficulties in staging from Mountain Plaza; however, drivers appear to be making the adjustment. The special circumstance exceptions (see map for itemized list) have allowed the police department to provide opportunities for citizens, guests and store owners to access areas of the Village beyond the designated delivery hours. The large majority of the store owners have been willing to work within the parameters or have worked with the department to find viable solutions for them. One difficulty was identified as it relates to the east side of the Village where hardships were occurring due to lack of a short-term drop off or pick up area after 10:30 a.m. As a result, the Mill Creek Court Building loading zone is being modified to allow vehicles less than 20 feet in length to use the zone by permit only between 10:30 a.m. and 6 p.m. Additionally, the Hanson Ranch Road "5 minute attended vehicle zone" is being modified to include 30 minutes of unattended parking allowed for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. These changes are currently being implemented. 3. NEXT STEPS The Loading and Delivery Working Group will meet from 11:30 a.m. to 1 p.m. on March 2 in the Town Council Chambers to review the program and recommend additional modifications, if needed. The group includes representatives from the retail, restaurant, lodging and delivery sectors as well as representatives from the Town Council, chamber associations and the residential neighborhood. The group's findings will be reported to the Vail Town Council on March 17 during the evening meeting. 4. STAFF RECOMMENDATION Listen to the interim update and provide any additional direction, if needed. 2 Y' MEMORANDUM TO: Vail Town Council FROM: Stan Zemler, Susan Douglas, Greg Hall, Tom Kassmel, George Ruther, Kelli McDonald, Suzanne Silverthorn SUBJECT: Implementation of Dispersed Loading and Delivery Policies in Vail Village DATE: 11 -18 -08 7• BACKGROUND During the summer of 2007, a 17- member working group was formed to evaluate current loading and delivery practices and to recommend options for future implementation of a dispersed loading and delivery network in Vail Village using a combination of underground delivery bays at three major development sites (Mountain Plaza, Vail Plaza Hotel and Solaris) as well as on- street loading zones. The group included representatives from the retail, restaurant, lodging and delivery sectors as well as representatives from the Town Council, chamber associations and the residential neighborhood (see appendix A). The working group identified 10 goals for Vail's loading and delivery efforts: • Goal #1 - With a goal to enhance the pedestrian experience during peak guest activity periods and to honor the residential character of the neighborhood, there will be "quiet" times when vehicles will be prohibited from the streets. This will result in a reduction of noise and air pollution, and an improvement in the overall aesthetics of the Village. • Goal #2 - Deliveries will occur in a timely and efficient manner. • Goal # 3 — Minimize cost increases. • Goal # 4 — Create minimal impact on vendors delivering goods as well as merchants; isn't onerous to vendors or merchants. • Goal # 5 — Eliminate inefficiency and violations of parking. • Goal # 6 — Being safe, efficient and cost - effective are key. • Goal # 7 — By creating periods in which vendors, in partnership with the business community, use on- street deliveries to maximize efficiencies, the timely and efficient deliveries of today will be maintained or improved. • Goal # 8 — When the on- street option is unavailable, the use and management of public loading and delivery bays will serve as an additional option for the movement of goods and services to businesses and will not interfere with the flow of pedestrians. • Goal # 9 — Exceptions will be well defined. • Goal # 10 —Above all, the safety of all invo wi ll b at t he forefront. On October 16, 2007 (memo appendix C), the Vail Town Council reviewed and accepted the working group's recommendations for the following interim _adjustments: - -- Identify additional loading spaces on East Gore Creek Drive, East Meadow Drive (east and west of Bridge Street), and the north and south sides of the International Bridge. Status: All locations have active loading and delivery zones. 1 Assign small delivery trucks (UPS, USPS, Fed Ex, etc.) to use designated loading zones during restricted periods. Status: Currently being done. Introduce new Code of Conduct for delivery drivers as standard operating procedure. Status:'Code has been created and is published on the loading and delivery map. Continual awareness campaign is underway by code enforcement. live ma for new drivers. Status: loading and de P Create and distribute a g delivery Completed. Provide advance notification when special events necessitate changes in loading and delivery policies. Status: Signs and verbal communication occurring at Checkpoint Charlie. EP 9 x and staffing hours of code enforcement officers at Checkpoint Charlie from the current 8 a.m. to 5 p.m. operation to 7:30 a.m. to 6 p.m. Status: Checkpoint x anded operating hours. week with the e p 9 Charlie is staffed 7 days a P Increase police enforcement of existing policies which allow on- street loading and delivery until 8:30 a.m. on Bridge Street and until 11:30 a.m. on Gore Creek Drive. Status: Increased enforcement has occurred. The working group also identified three options for future consideration: • Option A — On- street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street, Gore Creek Drive and elsewhere in Vail Village, followed by use of outlying, dispersed options during the restricted hours after 8:30 a.m. and before 4 a.m. the next day. Option B — On- street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and Hanson Ranch Road, and from 4 a.m. to 11:30 a.m. on Gore Creek Drive, followed by use of outlying, dispersed options during restricted hours. Option C — On- street delivery from 7 a.m. to 9 a.m. on. Bridge Street, Gore Creek Drive and elsewhere in Vail Village, followed by use of outlying, dispersed options during the restricted hours of after 9 a.m. and before 7 a.m. the next day. The purpose of today's discussion is to review the three options presented previously and to provide direction for implementation of a dispersed loading and delivery operation for Vail Village. 2. HISTORY The lack of adequate loading and delivery facilities in Vail Village has long been thought to be among the resort's original design flaws. Problems associated with commercial loading and delivery in Vail were identified as early as 1973 when authors of a master planning document noted, "...it is literally impossible to walk without conflict with moving autos, parking autos, or unloading trucks ... the presence of the delivery vehicles, trucks of all sizes, in the pedestrian areas is a significant problem." By 1977, leaders adopted a resolution which expressed the community's intent to establish pedestrian malls limiting vehicular use in Vail Village by which commercial vehicle access was to be limited to properties where no other of access exists. A ear later, the Town reasonable means Y Council passed an ordinance restricting vehicular access to Vail Village. Then in 1990, the Vail Village Master Plan identified "enhancement of the walking experience throughout the Village" as a top priority with recommendations to minimize the amount of vehicular traffic to the greatest extent possible. Continued emphasis on Vail's pedestrianization was identified in 1993 with the Vail Transportation Master Plan in which suggested alternatives ranged from a tunnel system, to a centralized system as 2 f well as a decentralized operation. In 1997 a specific loading and delivery study was undertaken by the town. It identified a dispersed loading and delivery method as the most viable solution. In 1998, a traffic count identified 1,300 vehicles, including 300 delivery trucks, in the pedestrian area of Vail Village during a 10 -hour period. In the 2002 update to the Town of Vail Master Transportation Plan, the need for long -term solutions to loading and delivery were identified with recommendations to pursue a dispersed system. From there, the town, through the development review process, began requesting the creation of publicly - accessible dispersed loading and delivery bays as part of private development projects. The goal of creating dispersed loading and delivery facilities is to equally distribute delivery bays throughout the commercial areas of town to service the Village and to enhance the pedestrian experience of Vail. As private projects developed, a significant contribution of their public benefit to the community was the establishment of the loading facilities. The Front Door project was given a $500,000 -plus credit on its transportation impact fee in exchange for providing the larger loading facility. The creation of these community loading bays over time will allow the town success in meeting the goals identified in the numerous studies and master plans. Most recently, the 2009 budget for the Town of Vail includes $150,000 to assist with operation of the loading and delivery facilities at the Arrabelle at Vail Square and Front Door /Mountain Plaza. The current loading and delivery policies for Vail Village are as follows: Hanson Willow Bridge Gore Creek Mill Creek Ranch Bridge Checkpoint Street Drive Building Road Road Charlie Cars & Trucks Until Until 11:30 Until Until Until Until (up to 18') 8:30 AM AM 6:00 PM 6:00 PM 6:00 PM 6:00 PM Medium Trucks Until Until Until Until Until Until (19' -35') 8:30 AM 11:30 AM 6:00 PM 11:30 AM 6:00 PM 6:00 PM Large Trucks Until Until Until Until Until Until. (36' or more) 8:30 AM 11:30 AM 12:00 Noon 11:30 AM 12:00 Noon 12:00 Noon Until Until Until Until Until Until Trash Trucks 8:30 AM 9:00 AM 9:00 AM 9:00 AM 9:00 AM 9:00 AM Until Until Until Until Until Until Courier Services 8:30 AM 6:00 PM 6:00 PM 6:00 PM 6:00 PM 6:00 PM 3. IMPLEMENTATION STATUS OF DISPERSED LOADING & DELIVERY LionsHead The Arrabelle - - - -- - The Arrabelle at Vail square loading- and - delivery facility Wicially -opened at 7a_m. June 23, 2008. The facility features up to 6 public loading and delivery bays and are available for use Monday through Sunday from 4 a.m. to 1 p.m. A dock manager is on duty from 8 a. m. to 5 p.m. to fa cilitate deliveries and schedule after - hour deliveries as necessary. The Town of Vail is an ongoing partner in the operation of the facility as it 3 y relates to its operation, maintenance and repairs. Prior to its opening, the police department implemented an extensive information campaign for delivery drivers and neighborhood businesses. The department then spent an additional two weeks helping drivers transition to the new facility. Following the first three days of community use,. the department has received no complaints or concerns. Drivers have determined their own delivery routes on foot through the LionsHead Mall to include use of the escalator on the plaza. While code enforcement officers are continuing to locate delivery trucks parked in unauthorized areas, most of the violations are occurring by new drivers who are unfamiliar with the loading and delivery policies. Once informed, police are not seeing repeat offenders. There were enforcement problems with a parcel delivery service early on, but those problems have since been addressed following intervention by the driver's supervisor. Overall, the loading and delivery operations at Arrabelle have been a success due to detailed planning, leadership and education by all parties involved. Vail Villaue One Willow Bridge Road / Sonnenalp The One Willow Bridge Road loading and delivery facility opened in 2006 and provides 2 loading and delivery bays for use by One Willow Bridge and the Sonnenalp. Vail Plaza Hotel The Vail Plaza Hotel Loading and Delivery facility has been open since December 2007. The facility features 4 loading and delivery bays which are open to the Vail Plaza Hotel and the surrounding Vail Village Inn development phases. Mountain Plaza (formerly Vail's Front Door) The Mountain Plaza facility officially opened for community use on November 17, 2008, following an orientation for users on November 11. The facility features up to 13 public loading and delivery bays that are currently available for use on a voluntary basis. The tunnel door is open between 6 a.m. and 6 p.m. The interior gate will also be in the open position between the hours of 8 a.m. and 4 p.m. Should the tunnel door or interior gate be closed (outside of the designated hours or for weather - related reasons), access is achievable automatically (via an issued RF card), and granted via entry of an issued code or granted by calling the appropriate party from the access control panels. The operational hours for the elevators are 4 a.m. to 10 p.m. daily. Deliveries outside of these hours must be scheduled with Vail Mountain Security by calling (970) 754 -3049. The Town of Vail is an ongoing partner as it relates to the operation, maintenance and repairs of the facility and is solely responsible for the maintenance of the public delivery elevators. Four Seasons The Four Seasons is scheduled to open in the fall of 2009. The development will provide 2 loading and delivery bays for use by the Four Seasons. Solaris Once completed in 2010, Solaris will provide up to 4 loading and delivery bays which will be used to service the Solaris and those businesses along East Meadow Drive and the i surrounding area. 4 4. REVIEW OF VAIL VILLAGE ON- STREET DELIVERY OPTIONS M B A C l The purpose of this section of the memorandum is to provide a written summary of the preferred option and an evaluation of the three loading and delivery options (A, B & C) developed for Vail Village and present a staff recommendation to the Vail Town Council for review and consideration. The three options for loading and delivery were developed in cooperation with the Working Group assembled by the Town of Vail to address the present and future loading and delivery situation in Vail Village. At the time, the group participated in an exercise to rank the options according to how they would best meet the 10 goals identified previously. This resulted in identification of Option B / 2 (20 points) and Option A / 1 (23 points) as the best options. (See page 10 of October 16, 2007 memo, appendix C). Since then, the Town Staff has identified measurable quantifiable criteria for each of the goals. The options were re- examined based upon the degree to which an option achieved the desired goal measurements. A ranking system of 1 — 5 was used. For example, in the event that an option best met a goal measurement it was awarded a score of 'I". By contrast, in the event an option least met a goal measurement, it was awarded a score of "5 ". All goal measurements were treated equally in terms of importance or value so no preference or "weighting" of the measurements was utilized. The ranking of each measurement was then totaled to arrive at a cumulative total score for each of the three options. One additional goal was added to measure the degree to which master plan objectives were met. The option with the lowest cumulative score (ie, best achieved each of the desired goal measurements) was selected as the preferred alternative, which is Option A. Staff recognizes the rankings will continue to have different outcomes, however, due to subjectivity. 5. LOADING & DELIVERY WORKING GROUP INVOLVEMENT On November 11, 2008, the Loading and Delivery Working Group was reconvened for the first time since October 2007. There were approximately 40 people in attendance. The purpose of the meeting was to: 1) tour the Mountain Plaza loading and delivery facility; 2) offer feedback regarding the Mountain Plaza facility operation; and 3) offer comments and suggestions regarding the Option A recommendations for dispersed loading and delivery in Vail Village. Comments and questions are presented below. Staff is currently working with Vail Resorts to address the questions posed during the Mountain Plaza tour. (See loading dock information on Vail Village map). Working Group Feedback: Mountain Plaza Loading & Delivery Facility Regulations • Engine shut off — what's required? • Are electric carts approved for use on pedestrian walkways? • Once above ground from the elevator to the pedestrian area, is there a preferred delivery route? • Will there be a time limit for unloading at the dock? -- - - -- - - - - -� - chains are prohihi where- do trucks- de-chaift - - - - - -- Safety Dama a liabi i _ -- who's responsible 9 �Y — • Ventilation — what standards does it meet? 5 i • Work comp issues — how will they be addressed? • Security of goods — who's responsible? • Blindside backing may pose a hazard Management/Oversight • Who will monitor day - today use? • Controls needed to manage truck size in specific bays • What happens when loading dock is full? • Could there be an appointment/reservation system for use of the dock? Other • Can cell phone service be expanded to the loading docks? Working Group Feedback: Option A, Dispersed Loading & Delivery in Vail Village Hours of On- Street Delivery (4 a.m. to 8:30 a.m. Bridge St. & Gore Creek Dr.) • 8:30 a.m. cutoff is a hardship for Gorsuch, UPS and others. • Difficult for some businesses to accept deliveries during early morning. • Delivery drivers end up waiting for business representatives to arrive; Option A won't work unless business managers are available to accept deliveries. • Do we know how many trucks are typically delivering after 8 :30 a.m.; is there enough capacity to finish on- street deliveries by 8:30? • Consider deliveries until 10 a.m. or 10:30 a.m. on Gore Creek Drive as an alternative. • Consider an afternoon and /or evening timeframe for on- street deliveries: 2:30 p.m. or 3 p.m. and /or 5:30 or 6 p.m. This would assist with need to ship out packages. • Restore ability for use of outlying delivery zones throughout the day. Lower Bridge Street is a difficult area for deliveries when the on- street option is unavailable. Business Imnact/Customer Relations • Higher cost of delivery will be passed on to the businesses (see HVH appendix D). Enforcement • How will transition from loading zone to skier drop off on Hanson Ranch Road be addressed? Consider the Aspen model with use of greeters /helpers. Members of the Loading and Delivery Working Group were invited to attend the November 18, 2008, Town Council meeting or to contact the Town Council in advance of the meeting to share additional comments. 6. STAFF RECOMMENDATION Based upon evaluation of the three options, the Town Staff recommends conditional approval of Option A because of its ability to best meet the loading and delivery goals identified by the working group: On- street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street, 6 Gore Creek Drive and elsewhere in Vail Village, followed by use of outlying, dispersed options from 6 a.m. to 6 p.m. Recommended conditions include the following: Work on the final refinement and monitoring of the Mountain Plaza loading dock operational rules with Vail Resorts and vendors to address the questions raised during the November 11, 2008, tour. Defer implementation of Option A until January 9, 2009, to avoid the holiday impacts. Provide an interim update to the Town Council after approximately 30 days (February 17, 2009 meeting). Reconvene Loading and Delivery Working Group for review and evaluation on March 2, 2009. Present evaluation of Option A effectiveness to the Town Council on March 17, 2009, with recommendations for modifications, as needed. In summary, staff finds that Option A has the greatest likelihood of achieving the desired goal measurements as identified by the Working Group. For instance, this option has the greatest likelihood of enhancing the pedestrian experience in Vail Village and still affords the greatest amount of time (4.5 hours /day) loading and delivery activities to take place on village streets. Additionally, similar to the other two options, Option A also minimizes actual cost increases to both the vendors and the merchants as no additional user fees, permits, or licensing to utilize the town's right of way or dispersed loading and delivery facilities are being proposed. For a complete copy of the decision - making matrix please refer to Appendix B. As proposed, Option A allows loading and delivery vehicles to enter Vail Village and utilize on- street loading and delivery on Bridge Street and Gore Creek Drive from 4 a.m. until 8:30 a.m., daily. At 8:30 am, all loading and delivery vehicles would be required to be off of Bridge Street and Gore Creek Drive. After 8:30 a.m., loading and delivery vehicles would still be permitted to enter into Vail Village but would be required to stage in designated outlying areas (ie, International Bridge, Village Center Chute, Mountain Haus and Mountain Plaza loading and delivery facility). These outlying areas would be available from 6 a.m. to 6 p.m. Access to the Mountain Plaza loading and delivery facility would remain available on an unlimited basis. Please note that a list of exceptions has been created and is outlined on page 7 of the October 16, 2007, memorandum (appendix C). A map illustrating Option A has been attached to this memorandum for reference. 7. APPENDIX A. Loading and Delivery Working Group Roster B. Evaluation Exercise of Three Loading & Delivery Options (1 -5) C. Town Council Memo, October 16, 2007 D. HVH Freight Handling Policies 7 Appendix A — Loading and Delivery Working Group Roster LOADING & DELIVERY WORKING GROUP, JULY 2007 Vail Town Council • Rod Slifer, Town Council • Farrow Hi ft, tt Town Council Retail • Bill Shoff, Gorsuch • Troy Goldenberg, Troy's Ski Shop Restaurants • Matt Morgan, Sweet Basil • Michael Staughton, Los Amigos /Russells Residential • Bill Hanlon, resident Lodging • Paul Johnston, Christiania Lodge • Bob Fritch, Sitzmark Lodge Vendors • Bob Dubois, Orrison /Innermountain • Brad Ryan, Sysco • Jack Egger, HVH Transportation • James Cook, Shamrock Foods • Michael Hinkley, Coors • Jim Armstrong, US Postal Service Chamber • Kay Ferry, Vail Chamber & Business Association • Michael Robinson, Vail Valley Partnership LOADING & DELIVERY WORKING GROUP, NOVEMBER 2008 Vail Town Council • Dick Cleveland, Town Council • Farrow Hitt, Town Council Retail • Bill Shoff, Gorsuch • Troy Goldenberg, Troy's Ski Shop Restaurants • Matt Morgan, Sweet Basil Michael Staughton, Los Amigos /Russells Residential • Bill Hanlon, resident Lodging • Paul Johnston, Christiania Lodge • Bob Fritch, Sitzmark Lodge Vendors • Bob Dubois, Innermountain • Rocky Stuchlik, Sysco • Jack Egger, HVH Transportation • James Cook, Shamrock Foods • Michael Hinkley, Coors • Jim Armstrong, US Postal Service Chamber • Michael Norton, Vail Chamber & Business Association 8 Appendix B - Loading & Delivery Evaluation Exercise of Three Loading & Delivery Options (1 -5] 1 best meets the goal measurement, 5 least meets the goal measurement Enhance the pedestrian experience as measured by a reduction in amount of time when vehicles interact with pedestrians in designated pedestrian only areas during peak times. 1 5 2 Reduce noise pollution as measured by the number of noise complaints received by the Town of Vail 4 5 1 Reduce air pollution as measured by the reduction in the amount of time with vehicles parked on the streets 3 5 1 Increase the visual aesthetics of the Village as measured by the reduction in the amount of time with vehicles parked in the Village 2 5 3 Timely and efficient deliveries as measured by the amount of time vehicles are permitted to park in the Village and distance traveled from dispersed facilities locations. 3 2 5 Compliance with adopted town goals and policies as measured by consistency with Vail Village Master Plan R 4 5 3 Minimize cost increases as measured by the actual cost to utilize the dispersed loading and delivery facilities (ie, fees, p ermits, licenses, etc. ) 1 1 1 Minimal Impact and not Onerous to Vendors 4 2 5 Minimal I mpact and not Onerous to Merchants 3 2 4 Effective loading policy enforcement as measured by the reduction in the number of warnings and citations issued. 3 1 2 4 Safety of Vendors 3 2 4 Safety of Pedestrians 2 5 4 - Option A in at 4 AM out by 8:30 AM; use of outlying options from 6 a.m. to 6 p.m. - Option B in at 4 AM off Bridge Street by 8:30 AM; off Gore Creek Drive by 11:30 AM (N A c om p romi s e option may be off Gore Cre Drive by 10:30 AM) - - — - - -- - - - -- -- — -- - Option C in at 7 AM off Bridge Street and Gore Creek Drive -- - -- - by -9 AM- - Note: Exceptions will be defined 9 MOUNTAIN PLAZA TUNNELACCE9a TO VA I L VILLAGE OAD NG DOCK MOUNTAIN PLAU LOADING DOCK \/ Location or Elevator LOADING DELIVERY • Effective January 9th ,ate , m,` FOR WINTER 2009 Code of Conduct for Delivery Drivers • Turn off engine and refrgeratlon. - � . Keep conversations 13) b quiet, �' a Take ca ro be as quiet as possible, especially with movement • Turn radios and and d cell cell phones down. • Use rubber tires on your two heelers, where possible 1 • Use common sense- people are sleeping in the \ early morning hours. Reminders Loading & Delivery map and Info: ' ..w »••a• ba as o°., c www.yalgOV.com /batllndtlellyery /��__� ��z �� ) .: %w•I Mountain Plaza Loadina Dock �/ . ` 'b • 970 - 754 -3099 (Vail Mountain Security) l Checkoonn! Charlie • Hours 7:30 M 6 A — '.00 PM: 7 ay9 dlweek - 2 • Phone: 97047177603 (after hours, contact Vail Police non-emergency: 970474 -2201) Special Circumstance Whenever possible, belorerequestlng an exception to \` i �•° w °M the loading and delivery guidelines, PA— contact ' Checkpoint Charlie. Spatial circumstances will he managed fry the Vail Police Department and include, a ftes TO but are not limited to: �� MOUNTAIN • Businesses receiving large Items (sculptures, PLAZA fumltu" gallery pieces, etc.) and/or large volume deliveries (skis, clothing, etc) Service trucks (plumbers, electricians, carpet cleaners, etc.) tp a Shuttles, taxis or hmasines with large quantities of 2009 Winter Regulations ®® 1i `` R D ® delays roused by Indecent weather, -Zonal On- street, dose -in delivery available mechanical mical breakdown or road closures from 4 e. m. to 8:30 a.m. on Bridge Street h� p • Flowers or other perishables and Hanson Ranch Road (upper Bridge Street) Deliveries which are heavy • PrNa[e auto deliveries ® -Zone 2: On-street, close -in delivery available • Hazardous materials from 4 a.m. to 10:30 a.m. on Gore Creek Drive • Personal vehicles Fragile Items Meal deliveries Moving vans ® _ Outlying Zones: Dispersed options during restricted • special events hours on a 1st come, 1 st served basis; 6 a.m. to B p.m.; Amored cars tea by permit issued at Checkpoint Charlie Ily IM emWa.� N.n. laeaba Ba.ln... r.n. L#ein Mountain Plana Loading Dock vW Rv.^anapawolm of lyre oue W2 (Operational hours fort Loading Dock arMelevators are 9:00 AM OO 10:00 PM, MwWaTMlou9h 5u1baT) aea/rarreW :e/so'ene ann VI I„ewp's /ewnenelp Remn W5 AE Baderppe W MI Mendro 1J 1. Direction to Oe Mountain Plain Loafing Bock. Pere spade el wpb sup Lnanar i+ I, Da a Main Vail, W # 176 and enter the traRN oracles. W ulie Fw GYYPY m Meatef i oabry x1 AnYn Shop M2 Meul Trtlaf 0 Ii. Turn rig ht onto Vail Road, vJeer'. Geapo m m nil. Proceed straight on Vail Road and look for the Mt Plaza Loading Dock electronic status board on your right ea...a leem.o -a ap�nc Sta.W Oa Mounwn ope In, N, Turn right Into the tunnel and follow the signage to the loading dock. P e�rce� sY� ue+mq. u w,nwn N.e sl 2. Alm lentlthes may o]ntatt Va I Mount n �i!nty at ( 97017543099 m re 4eT and will then be Lh'•'A duodu s m law m acouire me M "es xl Mmnub P. At ati—oraEe RF, aneyoren'cscode. Wriui Sd Ca Nweira 9lae 012 S d Y B4 3. NO CHAINS are allowed Inside tfe tunnel and Loading Dock area. o+ a. Npu.. N2 4. Follow the map located On the east wall of the Loading pock for spate asvgnmenLS, helpful infomabon and addtarnel inWucton. e.p a rim ua %a 5. Tile eittelNar [umlel door will he in the cbs0d OosihOn. Aess h achieVade aladnaorally (va an Issued RF rani), granted va entry d an isuad eeMnce wnee'. x Paw! BWlbvar atlp O] code or granted by calling the appropriate party from the afros control panels. The edenor tunnel door will be In the open position during eeusame wt Porm•. Plzu us summer months (May through October) to faGllbte access to the Public county road (weatner dependant). All Interior III also be tl1e Belitwror Slap - Prw co Peel $aLYb 03 closac position aM afaPiS Is Va 01e same mains as the tunnel doer. gag w Beny Fad A41— Slav 141w TresaNaq Dp PopCn Rearm a Bic (Sae En 06 Bip Bear SSVO Pepe ry.a.wrnn/Gnlbr Grmnmvnma 05 6. The eiecltronK Loading Dock Sign, lotted at the Vail Road and Forest Rd Inffasecbon, will notify drivers tt be dock is available a full. If this Sneeong lot Rmno w loading dock sign reads full pease continue m to arobte delm" location and return later. There wll be NO staging allowed on the stress. el�u iz wpaem wpm m 7. Al Mountain Plaza aid Vail Village tenants are responsible for reaaW ng and sign of( on their deliveries. The Loading Dock Is not a staging area 6lu'e Otp Pad u%I F7 and all shlpi tents must to delivered immediately to die receiving party. Deliveries left greater than 4 hours wll be mr oVed from the area. &rEen L Wmua RE !Pon Byrne Reai Erete = B = Ch F CMm a us Peep E.IW Wr 9. Deliveries made to sunoulding Properties within the Val VfNge core may use wirer eleValOr, designated as #3 and 04. %ease fdbw lye B.epe sn.e: A yellow line on the loadkg dodk W the elevatnns W., Renrn / —P Remn W5 M] 9. If you require asslstano, with the operations of the dock area please use the plane located outside the Loading DOM offer and M operator will Lekwef BsnYx rc A 9epble Taenli W] assist you cemm ice Fan Reaeurnt YA 9anmu N5 10. The Mountain Pan Loading poO. Mil rat pmo tie dollies, hand cmis or paBei halm. Drives are responstbie rw Uh r own equipment required N cem.nel GNY+m ice s pa,e Peelavml Pz deliver their goods. There k m I NO storage of these items in the Loading Dark area c,­ T NT Bevel Gruen x1 d r+.a.v BnaP.n qne veu P..ae ox Si. Mwn'a h Raze is rat reSpOnslde for arty hems left on tle Loading Dock a the surrounding area. cnmm sanpa tie emrl.k - m 12. All teWnts/dellVery Pe nel ate responsible for cleaning up after their delMems. This Iraudes the leading dock, pathways traveled, and Cnerm Snwd U"` Suter 010 91br, emal a Franpbn Reed Eaeb NA elevators. Trash & recyding remplades are readily —labe on the clack. Spin Kits and mate'ais are also a Vaiabie should bey be needed. anamnnY Ybr•a Mm oT SMa. smm a Franpuan Rine Eewe o1 13. Vehide engines shall be shut oft while deilvenes are belng node, cnnnogwr eaMM raeb E {I.IW W W Nleal OPxe. l2 9daY (IIIMa Clxvhctrm) W5 14, NO LONG TERM PARKING In the loading dock. The entire area Is designated as a deft y / pickup none on yl Any vehicles in vitiation wll be cp "uY B00"• tie spn nmap P.W Eebb ddieted and towed at the owners expense. anal sera leaf. E-1 as sonlwn.p R.mn / Bwr wn<5: wamM'e A a.ppen R'Oaay X] s4uee Bbafan 35. The Loading dock is nlIXltoled by se"nty cameras. IMPOrOprlate behaVla and m violation ti Loading Dock rules will result in 1055 Of Loading copa Gawv n swu.xs T+ Dock Privileges Pnse and clAlon to 0e fullest e,Itett of me law woe applicable oa,e.r on suwra sera. x9 16. Please report any damage to velkcles or mall imm lately by rallinp cne Bn' fa M+ sar.tonl Be Vail Mntain Security at (970) 7543049- coverts Bbpe Sae Ot a eel Bevb C", b a Ni d Cab Jexa YR Ty Roan B2 OeM011 oefery f10 Tura Bwra!VWIMwnlan Papea Spe RI pmprar FUn NI T.ae lYpsrb EpYbmal Mlauea OS Tia dO Ft Peres• r—a T— U7 To CaJI bCooF %2 ENPaCaall.a Pmpp. ea OS Tammy Bpwma B] a FalYme FUn .n T.0. a G2 MI Up In Skl Snw.boeN glop N1 ! �y °r \e,/ev a. GWnor OrrnNanma. PoPY ReaaxW WTMCneF Reawrml P3 UNBenY N3 �_r /� /` GoNen Bea R V Alkba GuE /Val Mounlsn unap. a Spe Rt oewry MB Val Boor d linos X1 d ! .a, GaraM Nt VNI Fine M Gabry m -7 (O.eM01a11 N Veil lea F2 V. yv fYafun Ma VW mbmeaone r F2 1wa X] X] • \ rt+f WBMa Preabua IiI 011 Vel VW =T, Gmby Ys r t IuYOn fM OBb J ua, iced \ \ 'y�D JBmtl n F x VW MamImn AEVanlun Cenw C1 \ C.aa GMry N5 vW Me Inn LOaeem Spe /Tens Brvo reef PgMeGW Rt � WMWaa l3 VmI NaWC MC M2 ® Gallery Ma Y lw1 JeN I V•I Peyer MS N.a., wlwnewaEwb ut Vin Reary N2 O] 11 R mMer Nanoa N] VtlI T -SMn CO K3 The Mountain Plaza wapad I.e — T - sm,lG a,B�YEnn.n, w ,w V1leeep. XIO VW Vatry Rea Ere'a!RUdanaa C-- Pr-- NT Loading and Delivery '� .; UTOaRwWae u] Vaivrip.A:­ Jt s 'W�dt o "( - 02 ama.pe X5 Lslcabl Pip Entrercel 02 -- A facility can handle vehicle %5 \r tau5wp Mawey e1 Vrb TO in length up to 55' (WB -50) r e W pbs A, ymaab'. o, LosMa cal con.. of vaWml.'. IBak Enrmu) tie and has a height clearance of 13' 6" 4' a Mf wa mA M5 Lope Tower E WW 9ne1ORlonlgnnaopMrKMENI RE l2 Pmroaa /Ew P.ens Bs WNrb WW Ea Lou Orwro !b I Empawn L1 MEMORANDUM To: Vail Town Council From: Community Development Department Public Works Department Date: February 17, 2009 Re: A request for direction from the Vail Town Council on how to proceed with the South Frontage Road relocation application as it relates to use of Town -owned right -of -way or a roadway easement. I. SUMMARY A request for direction from the Vail Town Council on how to proceed with the South Frontage Road relocation application as it relates to use of Town -owned right -of -way or a roadway easement. After evaluating the proposed application and reviewing a list of potential pros and cons associated with locating the proposed South Frontage Road improvements in either a Town -owned right -of -way or an easement, Staff recommends the improvements proposed to be located within a Town -owned right -of -way. 11. BACKGROUND Vail Resorts Development Company (VRDC), the applicant, is proposing to relocate a portion of the South Frontage Road to facilitate the redevelopment of West Lionshead. The Colorado Department of Transportation (CDOT) requires that the Town of Vail submits the relocation application on behalf of VRDC. Prior to submitting the application to CDOT, however, the Town of Vail must approve the relocation application. The Town staff and the applicant have been actively preparing the relocation application to submit to CDOT. On January 20, 2009, the Town Council heard a work session presentation on the proposed South Frontage Road relocation application. An outcome of the work session was a request by the Town Council for staff to prepare a list of potential pros and cons associated with locating the South Frontage Road within a right -of -way or within an easement. The purpose of the list of pros and cons is i to help the Town Council determine which option should be selected. i III. ANALYSIS OF PROPOSAL j The applicant, VRDC, is proposing a combination of CDOT right -of -way and easements granted to the Town of Vail to accommodate the proposed South Frontage Road improvements (ie; curb and gutter, road lanes, medians, sidewalks, bicycle paths, snow storage, road maintenance, etc.) The proposed easement is 20 -feet wide by approximately 1,700 feet in length. The area of the easement is approximately 34,000 square feet (0.78 acre) in size. This approach differs from all other portions of the existing frontage roads throughout Town. According to the Town's recorded subdivision plats, all of the existing frontage roads are located completely within CDOT right -of -way. 1 Pros /Cons of an Easement: Pros • The Town/TIFF District collects property tax revenue on the land. • The Town maintains control of the land rather than CDOT. • The land would be owned and maintained by the future metro district. (maintenance of sidewalks and other improvements). • Allows for temporary underground soil nails /shoring prohibited by CDOT. • Allows for construction staging on the land. • Allows for subsurface development (ie parking structure). • Allows for the land area (ie 34,000 square feet) to be calculated in development potential. • Allows CDOT to transfer more land area resulting in the potential for CDOT to spend some of the proceeds in Vail, potentially on a Simba Run underpass. Cons • Requires additional review and possible amendments of the Lionshead Redevelopment Master Plan to address setbacks, step - backs, and landscaping buffers • Requires careful drafting of easement language to ensure clarity and all possible future needs. Pros /Cons of Town -owned Right -of -Way: Pros • Provides the Town with unilateral control of the land area. • Allows for possibility of temporary underground soil nails /shoring prohibited by CDOT with agreement from Town. • Allows for construction staging on the land with agreement from Town. • Allows for subsurface development (ie parking structure) with agreement with Town. • Clearly establishes location from which setbacks will be measured. Cons • Reduces the land area to be used in calculation of development statistics like landscape area, GRFA, density, and site coverage. • Results in increased maintenance cost to the Town of Vail. • The Town/TIFF District does not collect property tax revenue on the land. IV. STAFF RECOMMENDATION After evaluating the proposed application and reviewing a list of potential pros and cons associated with locating the proposed South Frontage Road improvements in either a Town -owned right -of -way or an easement, Staff recommends the improvements proposed to be located within a Town -owned right -of -way. Staff recommends the Vail Town Council directs Staff and VRDC to prepare the proposed South Frontage Road relocation application utilizing a Town -owned 20- foot right -of -way to accommodate the road improvements. 2 ORDINANCE NO.2 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, VAIL TOWN CODE REGARDING THE OFFENSE OF DISTURBING THE PEACE IN THE TOWN OF VAIL. 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, text messaging and email have become a regular and consistent form of media and communication in the United States and elsewhere; WHEREAS, it has been demonstrated that such communication can be abused and used for the purpose of harassing others; and WHEREAS, the Town Council finds that the crime of disturbing the peace within the Town of Vail is of paramount concern and efficient police regulation of such a crime j would preserve the general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Section 6 -3D-4A is amended to read as follows: A. Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person by: 1. Insults, taunts or challenges to another in a manner likely to provoke a violent or disorderly response; or I 2. Following a person in or about a public place; or i 3. Engaging in conduct or repeatedly committing acts that alarm or seriously annoy another person and that serve no legitimate purpose; or 4. Initiating communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene; or 5. Making a telephone call or causing a telephone to ring repeatedly, whether or not a conversation ensues, with no legitimate conversation; or Ordinance No. 02, Series of 2009 6. Making repeated communications at inconvenient hours or in offensively coarse language. 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 I would have passed this ordinance, and each part, section, subsection, sentence, clause n 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 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 4. 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 17 day of February, 2009, and a public hearing for second reading of this Ordinance set for the 3` day of March, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 02, Series of 2009 w ORDINANCE NO.4 SERIES 2009 AN ORDINANCE AMENDING CHAPTER 5 -1, PUBLIC NUISANCES, TO MINIMIZE THE POTENTIAL NEGATIVE EFFECTS OF CONSTRUCTION WORK LIGHTING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council finds and determines that the nighttime operation of construction work lighting directed at adjacent properties and right -of -ways creates a public nuisance; and, WHEREAS, the Town Council finds and determines that the nighttime operation of construction work lighting after the associated construction activities have ceased creates a public nuisance; and, _ WHEREAS, the Town Council finds and determines the provisions of Chapter 5 -1, Public Nuisance, Vail Town Code, must be amended to address the potential negative affects of construction work lighting; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting these regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 . Chapter 5 -1, Public Nuisances, of the Vail Town Code is hereby amended in part as follows (text to be deleted is in stFikethmugI4, text that is to be added is bold, and sections of text that are not amended have been omitted) 5 -1 -11: CONSTRUCTION WORK LIGHTING: The purpose of this section is to minimize the possible negative effects of construction work lighting on adjacent properties within the town. i A. All artificial light sources operated for the purpose of illuminating construction work activities shall be directed internally to the development site toward the specific construction work area or on -site objects intended to be illuminated. Any artificial light sources operating between sunset and sunrise for the purpose of illuminating construction work activities directed at an adjacent property or public way within the town shall be deemed a public nuisance. B. All artificial light sources operated for the purpose of illuminating construction work activities shall cease operation once the associated construction activities have ceased. Any artificial light source operating between sunset and sunrise for the purpose of illuminating construction work activities that remains in operation after the associated construction activities have ceased shall be deemed a public nuisance. C. This section shall not apply to lighting required for identifying hazards or illuminating road construction. Ordinance No. 4, Series of 2009, second reading G 4 D. This section shall not apply to any outdoor lighting otherwise regulated by Section 14 -10 -7, Outdoor Lighting, Vail Town Code. 5 -1 -4412: CREATION OF NUISANCE PROHIBITED: No person shall perform any act or acts constituting a nuisance under sections 5 -1 -2 through 5- 1-4911 of this chapter nor shall any person create, keep, maintain, or allow or cause to be created, kept, maintained or to exist any nuisance set forth in sections 5 -1 -2 through 5- 14-011 of this chapter within the town. 5- 14213: INVESTIGATION; ABATEMENT NOTICE: The town council or any person specifically authorized by the council shall investigate into every public nuisance within the town, and the town council shall have the power to deliver a request for abatement to any person in control of any public nuisance. Any request for abatement delivered by the town council shall be in writing and shall state the nature of the nuisance or nuisances which are to be abated and shall specify a reasonable time within which such nuisance or nuisances are to be abated. It is the duty of any person in control of any public nuisance within the town to abate the nuisance upon receiving a request for abatement from the town council within the time specified in the request. 5- 14314: ABATEMENT PROCEDURE: In addition to or in place of proceeding under section 5 -1-42 13 of this chapter against any person who is believed to have violated or to be violating any of the provisions of this chapter, the town council may direct the town attorney to bring an action in the municipal court for the town to abate and restrain any nuisance set forth in sections 5 -1- 2 through 5 -1-4-G 11 of this chapter within the town; provided, that any action to abate and restrain any such nuisance shall operate as a bar to any subsequent proceedings under section 5 -1-42 13 of this chapter for the violation of any of the provisions of this chapter where the violation occurred prior to the action to abate or restrain the nuisance, and no testimony given by the defendant at any hearing in an action to abate or restrain the nuisance shall be admissible against such person in any proceeding under section 5- 1-1-2 13 of this chapter instituted for any violation of the provisions of this Chapter occurring subsequent to the hearing. 5 -1 -4415: CIVIL REMEDY NOT PRECLUDED: No provision of this chapter shall be construed as prohibiting any private person from bringing any action, seeking any remedy or taking any step with respect to any nuisance set forth in sections 5 -1 -2 through 5 -14.9 11 of this chapter as that person may be authorized or permitted to bring, seek, or take under state law. 5- 144516: VIOLATION; PENALTY: Any person convicted of violating any of the provisions of this chapter shall be punished as provided in section 1 -4 -1 of this code; provided, that each separate act in violation of the provisions of this chapter, or each and every day or portion thereof during which any separate act in violation of this chapter is committed, continued, or permitted, shall be deemed a separate offense. 2 Ordinance No. 4, series of 2009, second reading a Section 2 . If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3 . The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4 . The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occui i ed pi ior to tl ie effective date I ie. eof, any proseeutien corn menraed, nor any othe r action o r 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 3` day of February, 2009 and a public hearing for second reading of this Ordinance set for the 17 day of February, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17 day of February, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 3 Ordinance No. 4, Series of 2009, second reading C OPY TOWN OVAIRL Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.vailgov.com February 11, 2009 Mary Morgan, Acting Forest Supervisor c/o Roger Poirer, White River National Forest PO Box 948 Glenwood Springs, CO 81602 RE: Draft Environmental Impact Statement for 2007 Vail Ski Area Improvement Project Dear Mary, Thank you for giving the Town of Vail an opportunity to comment on the DEIS for the proposed Vail Ski Area Improvement Project. The following is a summary of our comments: Traffic and Parking • Contrary to the statements on page 3-40 of the DEIS, Vail Resort and the Town of Vail are no longer building a transportation center on the North Day Lot located at the intersection of South Frontage Road and East Lionshead Circle. • The Town of Vail believes Vail Resorts should be responsible for accommodating the impacts of any net new traffic and parking demands generated by this proposal. Specifically including, but not limited to, all net increases in skier parking demand and employee parking for the new restaurant use (per TOV zoning: 1 parking space per 120 sq. ft. of seating area). • The Town of Vail believes Vail Resorts should be responsible for mitigating the impacts of any construction traffic accessing the proposed development areas through the Town's streets. • The Town of Vail believes Vail Resorts should be responsible for mitigating the impacts of any staging or storage of construction vehicles or construction materials associated with this proposal within the Town boundaries. Employee Housing and Affordable Housing • Contrary to statements on page 3 -56 of the DEIS, Vail Resorts has still not yet begun construction of any employee housing beds associated with the Arrabelle at Vail Square development. Therefore, no such housing is scheduled for completion in May of this year. • As stated in the DEIS, both the Town of Vail and Eagle County zoning regulations include employee housing mitigation requirements. The Town of Vail believes Vail Resorts should be responsible for mitigating the housing needs for the new employees associated with this proposal consistent with the standards established by either the County or the Town (per TOV zoning: mitigation required for 20% of new employees at a rate of 2.4 employees per 1,000 sq. ft. of new net floor area). If you have any questions, please contact me directly at (970) 479 -2173 or via email at bgibsonCcDvailgov.com Sincerely, Bill Gibson, AICP Town Planner CC: Vail Town Council Vail Resorts b� RECYCLED PAPER L USDA United States Forest White River Supervisor's Office Department of Service National 900 Grand Avenue Agriculture Forest P.O. Box 948 Glenwood Spgs., CO 81602 -0948 (970) 945 -2521 TTY (970) 945 -3255 FAX (970) 945 -3266 File Code: 1950- 3/2720 Date: December 15, 2008 Dear Interested Participant, The White River National Forest is seeking comments on a Draft Environmental Impact Statement (DEIS) that analyzes 2007 Vail Ski Area Improvements Project. Vail Ski Area is located on the Holy Cross Ranger District of the White River National Forest and operates under a Special Use Permit from the White River National Forest. Public comments on the DEIS will be accepted for 45 days from publication of the Notice of Availability (NOA) in the Federal Register (the anticipated date of publication of the NOA is December 29 , 2008). The NOA provides the sole means of calculating the close of the DEIS comment period. The entire DEIS can be reviewed and downloaded at the White River National .Forest's website: http•/ /www.fs.fed.us /r2 /Whiterivgr /projects/ Based on the analysis presented in the DEIS, I have identified the Proposed Action (Alternative 2) excluding the Golden Peak development (lift, trail and snowmaking projects) as my Preferred Alternative for this project. The Preferred Alternative includes upgrading Chair 5, installing the Sun Down lift, constructing a new maintenance facility and restaurant, and providing snowmaking on the Simba Trail. The Golden Peak race terrain development is not part of the Preferred Alternative at this time due to potential impacts to watershed health in the area. . The Forest Service believes that the Preferred Alternative best meets the purpose and need for action while minimizing resource impacts. Written comments should be submitted to: Mary Morgan, Acting Forest Supervisor, c/o Roger Poirier, White River National Forest, P.O. Box 948, Glenwood Springs, CO 81602; or fax: (970) 945 -3266. Hand - delivered comments may be submitted at the Forest Supervisor's Office or the Dillon Ranger District between the hours of 8:00a.m.- 4:30p.m. Mon -Fri, excluding holidays. Electronic comments should be submitted in a format such as an email message, plain text (.txt), rich text (.rtf), or Word (.doc) to: comments- rocky - mountain- white- river- eastzone a,fs.fed.us For appeal eligibility, comments must have an identifiable name attached or verification of identity will be required. A scanned signature may serve as verification on electronic comments. Caring for the Land and Serving People Printed on Recycled Paper �� If you choose to comment, please include: (1) your name, address, telephone number, and organization represented (if applicable); (2) title of the DEIS upon which you are commenting; (3) specific facts or comments with supporting reasons that I should consider in reaching a decision. Please be as specific as possible. Your comments will be considered prior to my signing a decision for the project. Copies of the decision document will be mailed to those individuals or groups who submit comments on the DEIS, those who submitted comments. during the initial scoping period, and to those requesting a copy. Thank you for your interest and participation in this project and I look forward to your comments. Copies of the DEIS are available for review at the Vail Public Library in Vail, CO, at the Forest Supervisor's Office, and at the Holy Cross Ranger District Office. If you have any questions or comments, or if you would like to receive a hard copy or CD version of the DEIS, please contact Roger Poirier at the Forest Supervisor's Office in Glenwood Springs, CO at (970) 945 -3212 or Don Dressler at the Holy Cross Ranger Station in Minturn, CO at (970) 827 -5157. Sincerely, . 310 MARY �, RGAN Acting Forest Supervisor cc: Brian A Lloyd MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: February 17, 2009 RE: Stream Tract Encroachment Update The purpose of this memo is to provide an update to the Vail Town Council on twenty -one (21) potential encroachments Into town-owne stream tracts. Sinee 2.00, Staff has been WOFking with owners to mitigate the encroachments, resulting in restoration of the stream tract to its natural state at numerous properties. The following chart provides a summary of the potential encroachments, including the address, internal case number, description of the encroachment and whether the issue was resolved. Encroachment Address Case # Description Resolved? 193 Beaver Dam Rd 06Enc -12 Landscaping /Bench Requires follow -up 324 A Beaver Dam Rd 06Enc -13 Construction Waste Yes 228 Bridge St 06Enc -11 Landscaping Requires follow -up 2920 Booth Creek Drive 06Enc -17 Landscaping Requires follow -up 2930 A/B Booth Creek Drive 06Enc -28/29 Landscaping Requires follow -up 2950 Booth Creek Drive 06Enc -27 Patio Requires follow -up 2990 Booth Creek Dr 06Enc -15 Patio Requires follow -up 3010 Booth Creek Drive 06Enc -26 Wood patio /artwork Requires follow -up 303 Gore Creek Dr 06Enc -20 -25 Landscaping Yes 3070 Booth Creek Drive 06Enc -16 Bench and Wood Patio Requires follow -up 265 Forest Rd 06Enc -14 Landscaping Yes 44 W Meadow Drive 06Enc -06 Landscaping Requires follow -up 82A/B W Meadow Dr 06Enc -01/04 Retaining Walls Yes 142 W Meadow Dr 06Enc -03 Landscaping Yes 232 W Meadow Dr 06Enc -02 Bridge Requires follow -up 1275 A/B Westhaven Circle 06Enc -30/31 Path Yes 1295 Westhaven Circle 06Enc -34 Basketball Court Requires follow -up 1325 A/B Westhaven Circle 06Enc -32/33 Landscaping Requires follow -up 1345 Westhaven Circle 06Enc -37 Grading Yes 1385 Westhaven Cir I 06Enc -38 Landscaping Requires follow -up 1415 A/B Westhaven Dr 06Enc -35/26 Path Requires follow -up I I t A TOwNVO vA i L ! Department of Police Memorandum To: Town Council St an Zemler. Town manager From: A�$teve Wright, Commander MbDwight Henninger, Chief of Police Date: February 5. 2008 Subject: Taxi /Limo Rules In the fall of 2008, the department began a review of the existing taxi /limo rules (which have been in effect for approximately 5 -6 years) for the purpose of possible revision in light of complaints /suggestions made by the owner of Hummers of Vail, Jonathan Levine. Department personnel have had numerous conversations with Levine. The Colorado Public Utilities Commission (PUC) differentiates taxi cabs and limousines in their regulations. The most significant difference is the provision stating taxi cabs may solicit point -of- sale business (fares) while limousines may only respond if a pre - arranged appointment has been made away from the point of pickup. No point -of -sale- business may be solicited by limousines. Attachment #1 contains the original taxi /limo rules referenced in paragraph #l. Attachment #2 contains the recommendations suggested by Levine. You will note the suggestions which were incorporated in our new rules. You will also note those rejected and those which violate PUC regulations. Attachment #3 contains the new rules which were distributed to police personnel and the taxi and limousine companies in December, 2008. On December 30, 2008, I contacted Bob Laws, an investigator with the Public Utilities Commission, and faxed our new rules to him This was done to ensure we were not in conflict with their taxi /limo regulations. Attached is Laws' reply indicating our new rules are in alignment with PUC regulations. Additionally. the sign shop produced new signs for the entrance to the Vail Transportation Center to reflect the rule changes. Those changes are indicated on the attached map. i i 'I �I r TAXI & LIMOUSINE COMPANY REGULATIONS FOR THE VAIL VILLAGE CORE AREA Effective July 7, 2006 In an effort to best serve the public and assist transportation companies with an equitable system to access the Vail Village core area, the following regulations will be in effect and enforced by the Vail Police Department. 1) Taxis /Limos may not drive on Bridge Street to drop off or pick up passengers unless a special circumstance exists such as assisting an injured or handicapped passenger. 2) Taxis may not stage at the intersection of Bridge Street and Gore Creek Drive but may pick up passengers that have called to arrange a pickup and are waiting at the intersection. 3) Taxis may not stage in the Village core area prior to 1 Opm. Limos are not authorized to stage in the Village core area. 4) Taxi companies may stage up to two taxis each in the loading zone on the south side of Gore Creek Drive between Checkpoint Charlie and the Squash Blossom. Taxis may not stage any closer to Bridge Street than this. Passengers will be able to hail taxis from the intersection of Bridge Street and Gore Creek Drive. 5) Each taxi company may stage one taxi in the loading zone north of Checkpoint Charlie on the south side of the International Bridge. These taxis can then move up to the loading zone indicated in #4 as space becomes available. 6) Citizens sometimes request that police officers summon a taxi for them. Officers will make an effort to equally distribute these requests among the taxi companies. If you should have any questions regarding these regulations, please contact Vail Police Commander Steve Wright at 479 -3433 or the on -duty patrol supervisor at 479 -2201. i Attachment #2- Levine's Suggestions November 17, 2008 TAXI & LIMOUSINE COMPANY REGULATIONS FOR THE VAIL VILLAGE AND LIONSHEAD CORE AREA In an effort to best serve the public and assist transportation companies with an equitable system to access the Vail Village core area, the following regulations will be in effect and enforced by the Vail Police Department. 1) Taxis /Limos may not drive on Bridge Street to drop off or pick up passengers unless a special circumstance exists such as assisting an inured or handicapped passenger. * *In original rules ** 2) Taxis may not stage at the intersection of Bridge Street and Gore Creek Drive but may pick up passengers that have called to arrange a pickup and are waiting at the intersection. * *In original rules ** 3) Taxis may not stage in the Village core area prior to 10pm. Limos are not authorized to stage in the Village core area. * *In original rules ** 4) Taxi or Limos are not allowed to Pick -up /Drop -off clients beyond Checkpoint Charlie prior to 5pm unless the clients are staying at Hotels /Condos directly assessed by this area. * *Rejected ** 4) Taxi companies may stage up to two taxis each in the loading zone on the south side of Gore Creek Drive between Checkpoint Charlie and the Squash Blossom. Taxis may not stage any closer to Bridge Street than this. Passengers will be able to hail taxis from the intersection of Bridge Street and Gore Creek Drive. * *In original rules ** 5) Limos can wait a max of 5mins for a pre - arrange pickup at the Bridge Street and Gore Creek Drive location. Taxis are not allowed to wait or stage at the Bridge Street and Gore Creek Drive location. * *Rejected ** 6) Each taxi company may stage one taxi in the loading zone north of Checkpoint Charlie on the south side of the International Bridge. These taxis can then move up to the loading zone indicated in #4 as space becomes available. * *In original rules ** f I 7) Citizens sometimes request that police officers summon a taxi for them. Officers will make an effort to equally distribute these requests among the taxi companies and Limo Companies. "Rejected" 8) Taxi or Limos are not allowed inside the Lionshead mall (The entire mall is a designated fire lane). * *New rule by Vail PD ** 9) Taxi or Limos must follow all Skier Drop -off Signage RESTRICTIONS! * *Adopted ** 10) Taxi companies may stage up to two taxis at the Main Vail Transportation Center in the TAXI Stand area only. Taxis are not allowed to stage or pick -up in the Shuttle lane. * *Rejected ** 11) Limos can wait a max of 5mins for a pre - arrange pickup in the Shuttle lane at the Main Transportation Center. Limos are not allowed to stage in the Taxi Stand area. * *Partially adopted ** If you should have any questions regarding these regulations, please contact Vail Police Commander Susan Douglas at 479 -2352 or the on -duty patrol supervisor at 479 -2201. I Revised November 14.2007 3 t ,t i Attachment #3- New Rules TAXI & LIMOUSINE REGULATIONS FOR VAIL PEDESTRIAN CORE AREAS EFFECTIVE DATE: December 19, 2008 1- Taxis /limos may not pick up /drop off clients beyond Checkpoint Charlie prior to 5 pm unless clients are residing in hotels /condos in the Village core area. 2- Taxis /limos may not drive on Bridge Street to pick up or drop off passengers unless a special circumstance exists such as assisting an injured or handicapped passenger. fi�- k�g ef- luggage orTersnnai �tems d� not com ri a pecial circumstance. 3- Taxis /limos may not stage at the intersection of Bridge Street and Gore Creek Drive but may pick up passengers who have called to arrange a pick up and are waiting at the intersection. 4- Taxis may not stage in the Village core area prior to l Opm. Limos are not authorized to stage in the Village core area. 5- After 10 pm, taxi companies may stage up to two taxis each in the loading zone on the south side of Gore Creek Drive between Checkpoint Charlie and the Squash Blossom. Taxis may not stage any closer to Bridge Street than this. Passengers will be able to hail taxis from the intersection of Bridge Street and Gore Creek Drive. 6- After 10 pm, each taxi company may stage one taxi in the loading zone north of Checkpoint Charlie on the south side of the International Bridge. These taxis can then move up to the loading zone indicated in #5 as space becomes available. 7- Citizens sometimes request that police officers summon a taxi for them. Officers /dispatchers will make an effort to equally distribute these requests among the taxi companies. i 8- Taxis /limos are not authorized to enter the Lionshead mall area. The mall area is a designated fire lane. 9- Taxis /limos must adhere to skier drop -off signage instructions. 10- Limos may wait a maximum of five minutes for a pre - arranged pick up in the designated lane at the Village Transportation Center. 11- Town of Vail vehicles will endeavor to park at the east end of the taxi /limo lanes. If you should have any questions regarding these regulations, please contact Vail Police Commander Susan Douglas at 479 -2352 or the on -duty patrol supervisor at 479 -2201. f I (2/6/2009) Steve Wright - RE: Taxi /Limo Rules Page 1 t. From: "Laws, Bob" <Bob.Laws@dora.state.co.us> To: "Steve Wright' <SWright @vailgov.com> Date: 12130/2008 4:39 PM Subject: RE: Taxi /Limo Rules Steve: I ran these by Gary Gramlick in the rates and authorities unit and Chief of Transportation Terry Willert. They did not see anything that conflicts with our rules. Neither did I. Bob Laws Criminal Investigator III Colorado Department of Regulatory Agencies Public Utilities Commission Safety and Compliance Unit 1560 Broadway, Suite 250 Denver, CO 80202 P 303.894.2848 1 F 303.869.0335 www.dora.state.co.us - - -- Original Message---- - From: Steve Wright [mailto:SWright @vailgov.com) Sent: Tuesday, December 30, 2008 1:51 PM To: Laws, Bob Subject: Taxi /Limo Rules FYI t i I 1 L F r „� _ti ° _ � mss. „ <.i� -�„�'r _• �,.� °j s '�'' .w i Y'�. 1 .� ` SFRONTAGE RDE :�' �f � � .. a• ��{ • w �_ -.1► ' + a �r �� !� t;r� '1 a.� � .'r .d r l MEMORANDUM TO: Town Council FROM: Stan Zemler, Town Manager Judy Camp, Finance Director Kelli McDonald, Economic Development Manager DATE: February 17, 2009 SUBJECT: Vail Economic Advisory Council 2008 Accomplishments and 2009 Work Plan BACKGROUND The Vail Economic Advisory Council (VEAC) was established in 2006 for the purpose of advising the Town Council, Town Manager and the community on economic issues that will sustain, enhance and diversify the town's economy. Members are appointed by the Town Manager and the Council holds public meetings the 2 nd Tuesday of each month. The major functions of the VEAC are as follows: • Adopt and implement an annual work plan • Initiatives to increase economic vitality • Economic lens to Town of Vail issues • Sounding board for the Town Manager MEMBERS The members of the VEAC are: • Mark Gordon and Dick Cleveland, Town Council members • Greg Moffet and Mia Vlaar, representing the community -at -large • Chris Jarnot and John Garnsey, representing Vail Resorts • Rob Levine, Pam Stenmark and Mark Cervantes, lodging representatives • Matt Morgan, Brian Nolan and Steve Kaufman, food and beverage representatives • Rayla Kundolf, Bob McNichols, Laurie Mullen and Bob Boselli, retail representatives • Michael Kurz, Tori Franks and Steve Rosenthal, representing local business organizations • Mike Ortiz from the Vail Recreation District • Alan Kosloff and M. Joseph McHugh, part -time homeowners ATTACHMENTS Attached please find the 2008 Accomplishments and 2009 Work Plan for the VEAC. VAIL ECONOMIC ADVISORY COUNCIL 2008 ACCOMPLISHMENTS - Adopted the 2008 VEAC Work Plan - Updated the SWOT Analysis - Assisted in developing 10 year Vision and 5 year Economic Development Strategic Plan - Monitored financial reports monthly - Adopted a same store sales comparison for established businesses in both Vail Village and Lionshead in the categories of lodging, retail and restaurants - Provided recommendations to the Vail Strategic Housing Plan - Provided recommendations to the Vail Village Master Plan update - Provided recommendations to the Vail Environmental Strategic Plan - Provided recommendations to the Commission on Special Events for event funding strategies i - Provided recommendations regarding traffic congestion and parking needs - Conducted a transportation survey regarding employee parking and transportation - Provided recommendations to the Vail Valley Partnership and Vail Chamber and Business Association to become complimentary organizations - Provided recommendations on improving the relationship between the Town of Vail and Vail Resorts - Provided recommendations to the lodging community to come forward with a proposal for utilization of Conference Center funds VAIL ECONOMIC ADVISORY COUNCIL 2009 WORK PLAN MISSION The Vail Economic Advisory Council (VEAC) was established in 2006 as a citizens' advisory group for the purpose of advising the Vail Town Council, Town Manager and the community on economic issues that will sustain, enhance and diversify the town's economy. Members are appointed by the Town Manager and Council holds public meetings the 2 Tuesday of each month. The major function of the VEAC is to focus on the overall economic future of Vail (West Vail to East Vail) and to develop an organized plan of action using specific information gained from past studies, existing studies and economic indicators. VEAC Areas of Focus: r • Build a strong relationship between Town of Vail and Vail business community • Increase the Town of Vail's economic activity • Focus on building a year -round economy • Support a quality workforce delivering world -class service • Provide support for sustaining, upgrading and maintaining Vail's capital assets • Support the stimulation of diversity of services and businesses locating in the Town of Vail GOAL 1: BUILD A STRONG RELATIONSHIP BETWEEN THE TOWN OF VAIL AND VAIL BUSINESS COMMUNITY Objective: Continue the efforts of the Vail Economic Advisory Council Action Step: Adopt the VEAC 2009 work plan Objective: Strengthen partnerships with Vail businesses Action Step: Facilitate open communication between the Town of Vail, Vail Resorts and businesses in the sectors of retail, lodging, food and beverage, development, real estate, medicine, etc. by holding regular meetings, roundtables and forums Objective: Create alignment with business organizations Action Step: Facilitate forums that align and combine efforts between the following business organizations: Vail Chamber and Business Association Vail Valley Partnership Eagle County Economic Council Lionshead Merchant Association Meadow Drive Partnership GOAL 2: INCREASE THE TOWN OF VAIL'S ECONOMIC ACTIVITY AS MEASURED BY SALES TAX REVENUE TO EXCEED ANNUAL INFLATION, AS MEASURED BY THE CONSUMER PRICE INDEX Objective: Benchmark and monitor local economic performance in order to track and respond to changing economic conditions Action Step: Review reports at monthly meetings including but not limited to: Vail Business Review Sales Tax Collected Same Store Sales Reports Vail Lodging Occupancy Reports Competitive Resort Reports Consumer Confidence Reports Travel Trend Reports Economic Indicator Table Economic Forecast Reports GOAL 3: FOCUS ON BUILDING A YEAR -ROUND ECONOMY; REDUCE ECONOMIC SEASONLALITY BY GROWING THE SUMMER ECONOMY (MAY — OCTOBER) AT A RATE GREATER THAN THE WINTER ECONOMY (NOVEMBER — APRIL) Objective: Vail Local Marketing District annual plans will be developed Action Step: Review the annual Vail Local Marketing District plan and provide input as it relates to sustainable economic health Objective: Commission on Special Events and Council Contributions annual funding allocations will be developed Action Step: Review the annual funding allocations for Commission on Special Events and Council Contributions and provide input as it relates to sustainable economic health Objective: Schedule peer resort visits to other seasonal communities to learn best practices and trends for economic sustainability Action Step: Attend peer resorts visits to Aspen and Boulder in 2009 Objective: Collaborate on recommendation for use of Conference Center funds Action Step: Provide input to community group developing a proposal to Town Council for utilization of Conference Center funds GOAL 4: PROVIDE SUPPORT FOR A QUALITY WORKFORCE DELIVERING WORLD -CLASS SERVICE TO POSITIVELY IMPACT VAIL'S ECONOMY Objective: Work with the business community, Eagle County and other municipalities to address future workforce housing needs Action Step: Provide input into updates of the Vail Employee Housing Strategic Plan Objective: Work with the business community and Eagle County to address parking and transportation issues for workers and guests Action Step: Encourage business owners to implement programs that support employees who ride the bus or carpool to work Action Step: Review existing bus and carpool programs in Eagle County and share information with the Vail business community GOAL 5: PROVIDE SUPPORT FOR SUSTAINING, UPGRADING AND MAINTAINING VAIL'S CAPITAL ASSETS AS IT RELATES TO SUSTAINABLE ECONOMIC HEALTH Objective: Provide input to master plans, 15 -year capital plan and proposed development and redevelopment plans Action Step: Review Town master, strategic, 15 -year capital and redevelopment plans and provide feedback that considers the economic vitality of the plans Action Step: Send a representative to public hearings of the Planning and Environmental Commission and the Town Council to express the issues and opinions of the VEAC on development and redevelopment proposals Action Step: Identify and monitor the economic drivers in Vail and support those drivers GOAL 6: SUPPORT THE STIMULATION OF DIVERSITY OF SERVICES AND BUSINESSES LOCATING IN THE TOWN OF VAIL Objective: Develop a strategy to support retention and development of existing businesses Action Step: Develop a program of retention visits to include representatives from Town Council, VEAC, Town Manager's office and Economic Development office CAST - Colorado Association of Ski Towns Taxable Sales (based on Sales /Use tax collected) 2007/2006 to 2008/2007 Dec. Jan. Feb. Mar. Apr. Mav June July Aug. Sept. Oct. Nov. Dec. 07/06 08/07 08/07 08/07 08/07 08/07 08/07 08107 08/07 08/07 08/07 08/07 08/07 Winter Park 8.12% 12.65% 4.11% -0.95% -8.70% -8.18% - 16.86% - 17.96% - 6.65% - 26.66% - 23.54% -2730% - 14.08% Aspen 4.40% 13.73% 12.41% 6.73% 5.55% 7.54% -102% 1.01% 6.23% -7.88% - 12.20% -5,51% - 19.27% Breckenridge 12.07% 2.84% 8.37% 4.42% 0.85% 2.16% -0.60% 1.43% 4.45% 1.37% -0.16% -8.52% 1006% Fail 1.83% 6.90% 12.91% 11.37% - 17.42% 14.33% - 3.54% 10.45% 15.86% -8.20% -0.00% -4.08% -6.46% SteamboatSprings 7.22% 5.95% 7.31% 5.07% -1.72% 6.10% -0.42% 2.89% 2.84% -2.04% -3.78% -8.03% -9.07% Glenwood Springs 7.05% 1.29% 4.90% 1.37% 3.79% 3.65% -2.52% -0.32% -0.13% -2.36% -0.68% -7.28% -9.88% Snowmass -6.27% 11.17% 10.37% 5.82% - 14.62% 22.81% -9.81% 1.24% -4.70% - 12.19% - 24.66% - 22.89% Bobby Bank Vail Info, Inc. Vail Town Council Town of Vail, Colorado Hello Council Members: Here is a short summary from the Vail Visitor Information Centers for 2008 and looking forward to 2009. All of the following information is available daily, at the Village Information Center, as part of our open book policy we have maintained since we began. For Vail Info, Inc. this was a milestone year, as we completed our first three -year contract term and are now into the next contract. In addition to contacting every retail business twice a year in the spring and fall, we have begun to have an outreach with the Lionshead Merchant Association, the Meadow Drive Merchant Association and the Vail Chamber and Business Association in part by answering forwarded phone, email, and reservation requests. We have also been helping them fulfill collateral requests. i We have had 76,678 guests visit the Information Centers with the Village Center hosting 45,345 and 33,333 visiting the Lionshead Center. Winter, November through April, is generally busier in the Village while summer, May through October, is generally busier at the Lionshead Center. The Centers have been open 5,679 hours, 2,864 at the Village and 2,815 at Lionshead. The difference in hours can be attributed to a new program initiated by the Town to extend the Vail Village Centers hours during Hokdays until 8:00 p.m. and due to building repairs to the Lionshead Center. As one would expect the busiest days have generally been Friday, Saturday, and Sunday. Visitor demographics still appear less affluent, to us, than the demographic depicted in the VLMDAC reports. This is most likely because we are having more day visltors, up from Denver. The type of information sought by our guest usually involves "what should I do or see, and where should I go." This has not changed over the last 4 years. Visitor impressions of the redevelopment are usually also based upon the visitor demographics, with the older, or less affluent usually less happy or more melancholy about the whole thing. "I remember when there was only..." or "I remember when it cost only..." are still very common opinions expressed by our guests. We are very proud to say that during the 2008 -2009 season in addition to Vi Brown, who has been at the information centers for 40 years, we Currently have a 5 1h generation Vail local, Trent Ruder as well as two 4th generation Vail locals, Reva Wilcox and Bob Ruder. We have four other current staff members who were born here too. This is my 20t year in Vail - I'm the baby! In 2008 we booked a total of $157,740 in 793 Lodging Bookings. Bookings out of the Information Center have been down over the past year as have the number of guests we have had visit. We are down almost 5,000 visitors from 2007 to 2008. We have not had any complaints from the Lodges regarding this down turn. There has been a noticeable lack of inventory being inputted onto the reservation system on their end The amount of commission free revenue that has been kept by the Lodges as a result of the Town's policy of not charging commissions total's $23,661 for 2008. In the spirit of the Town's being proactive in regards to the country's current economic situation we initiated an expansion of our last minute reservation system, which has just been completed for the new year, that will allow us to book both last minute, at discounted prices, and central reservations, at "rack rate" prices all commission free. This was done at no cost to the Town. The next step in this expansion would be to "go live" bringing the extranet system available online, if the Council saw fit. In addition to the Visitor Information Services, such as information and lodging reservations, Vail Info, Inc was proud to be able to also work with the TOV to: Offer information services after hours, from 5 -10:30 during Vail Pass Closures, help the parking structure staff with guest ticket disputes, car lockouts and the "get out of jail free" program. New for this year we have begun offering guests a jump start service for their vehicles. We also display and sell TOV Art, help out during special events and sell VRD event tickets. We have been coordinating with the finance department to help implement the collection of brochure and magazine display fees, approximately $5,000 for 2008, directly offsetting the cost of running the booths to the TOV. One of the biggest challenges we have faced this year has been the response to the increase in the parking charges. Quite a few of comments have been pretty negative, to put it mildly, and the biggest request seems to be an increase in providing (or more accurately why we /somebody doesn't provide) free out lying shuttle serviced parking lots. Our employees have been doing their utmost to take these comments in stride while providing our current free parking options to the Guests. In conclusion I would like to thank you for the opportunity to handle the operations of the Visitor Information Centers for another three -year term. me ely, / V bb k y Ban Vail Info, Inc. NOVEMBER 2008 VAIL BUSINESS REVIEW 7OWN OF VAS ; February 3, 2009 Overall November sales tax decreased 4.6% with Retail decreasing 5.1 %, Lodging decreased 14.0 %, Food and Beverage decreased 9.4% and Utilities /Other (which is mainly utilities but also includes taxable services and rentals) increased 7.9 %. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e- mailed to you automatically from www.vailgov.com Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479 -2125 or Judy Camp at (970) 479- 2119. Sincerely, Sally Lorton Sales Tax Administrator i November 2008 Sales Tax VAIL VILLAGE November November November 2007 2008 % Collections Collections Change Retail 99,471 67,464 - 32.2% Lodging 42,081 36,472 - 13.3% Food & Beverage 97,854 79,339 - 18.9% Other 5,769 10,895 88.9% Tota 1 245,175 194 - 20.8% LIONSHEAQ November November November 2007 2008 % Collections Collections Chan Retail 26,286 40,913 55.6% Lodging 26,158 28,733 9.8 % Food & Beverage 17,538 35,522 102.5% Other 2,234 3,219 44.1% Total 72 108 50.1% November 2008 Sales Tax CASCADE VILLAG VAIUSANDST VAIL November November November 2007 2008 % Collections Collections Change Retail 111,992 115,429 3.1% Lodging 34,495 27 -19.1% Food & Beverage 43,316 29 - 32.9 % Other 4,979 5,154 3.5% Total 194 177 -8.8 %© OUT OF TOWN November November November 2007 2008 % Co llections Collections Change Retail 80,938 78 -3.0% Lodging 12,023 5,559 -53.8% Food & Beverage 475 305 - 35.8% Utilities & 146,624 152 4.3 % Other Total 240,060 237,294 -1.2 November 2 008 Sales Tax TOTAL November November November 2007 2008 % Collec Collections Change Retail 318,687 302,311 -5.1% Lodging 114,757 98,687 -14.0% Food & Beverage 159,183 144,216 -9.4% Utilities & 159,606 172 7.9% Other Total 752,233 717 -4.6% RETAIL SUMMARY November November November 2007 2008 %© Collections Collections Change FOOD 76,126 81,383 6.9% LIQUOR 19,919 21,261 6.7% APPAREL 30,604 24,037 - 21.5 % SPORT 73,994 67,429 -8.9 % JEWELRY 7,787 6,596 - 15.3% GIFT 5,484 3,350 - 38.9% GALLERY 2,746 2,901 5.6% OTHER 101,614 94,859 -6.6% HOME 413 495 19.9% OCCUPATION TOTAL 318,687 302,311 -5.1% DECEMBER 2008 VAIL BUSINESS REVIEW TOWN O P February 4, 2009 The December Vail Business Review breaks down the four percent sales tax collected for December and the year. Overall December sales tax decreased 6.4% with Retail decreasing 14.1 %, Lodging decreased 2.0 %, Food and Beverage decreased 4.9% and Utilities /Other (which is mainly utilities but also includes taxable services and rentals) increased 11.7 %. The year resulted in a 3.7 % increase overall with Retail decreasing 1.8 %, Lodging increased 5.9 %, Food and Beverage increased 2.8% and Utilities increased 14.0 %. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on www.vailgov.com You can subscribe to have the Vail Business Review and the sales tax worksheet e- mailed to you automatically from www.vail og. v.com Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479 -2125 or Judy Camp at (970) 479 -2119. Sincerely, Sally Lorton Sales Tax Administrator i i December 2008 Sales Tax VAIL VILLAGE December December December 2007 2008 % Collections Collections Chan Retail 563,184 404,551 - 28.2% Lodging 371,337 389,469 4.9% Food & Beverage 375,501 337,773 - 10.0% Other 16,156 18,228 12.8% Total I 1,326,178 1,150,021 - 13.3 % LIONSHEAD December December December 2007 2008 % Collecti Collections Change Retail 173,135 189 9.5% Lodging 308,083 308,410 0.1% Food & Beverage 91,966 113,847 23.8 % Other 7,856 8 7.0% Total 581,040 620,223 6.7% December 2008 Sales Tax CASCADE VILLAGE/EAST VAIUSANDSTONE(WEST VAIL December December December 2007 2008 % Collections Collections Change Retail 318,957 301,480 -5.5 % Lodging 208,113 177,046 - 14.9% Food & Beverage 64,910 55,359 - 14.7% Other 5 6,495 15.1% Total 597,621 540,380 -9.6 % OUT OF TOWN December December December 2007 2008 % Collections Collections Change Retail 89,785 87,535 -2.5% Lodging 50,804 44,951 - 11.5% Food & Beverage 2 9 931 2 - 26.8% Utilities & 183,462 204,840 11.7% Other Total 326,982 339,472 3.8% December 2008 Sales Tax TOTAL j December December December 2007 2008 % Collec Collections Change Retail 1,145,061 983,124 - 14.1% Lodging 938,337 919,876 -2.0% Food & Beverage 535,308 509,125 -4.9% Utilities & 213,115 237,971 11.7% Other Total 2,831 2,650,096 -6.4 % ' RETAIL SUMMARY December December December 2007 2008 % Collections Collections Change FOOD 221,680 213,740 -3.6% LIQUOR 56,261 60,293 7.2% APPAREL 125,497 103,604 -17.4% SPORT 531,189 426.191 -19.8% JEWELRY 51,986 33,047 - 36.4% GIFT 14.186 13,757 -3.0% GALLERY 6,744 6,109 -9.4% OTHER 137,138 125,823 -8.3% HOME 380 560 47.4% OCCUPATION TOTAL 1,145,061 983,124 -14.1% I l December 2008 YTD Sales Tax VAIL VILLAGE Dec. YTD Dec. YTD Dec. YTD 2007 2008 % Collections Collections Change Retail 2,919,743 2,586,893 - 11.4% Lodging 2 2,606,778 6.1% Food & Beverage 2,735,447 2 -2.6% Other 117,643 116,207 -1.2% Total 8,230,546 7 -3.1% LIONSHEAD Dec. YTD Dec. YTD Dec. YTD 2007 2008 % Collections Collections Chan Retail 871,060 1,096,217 25.8% Lodging 1,785,146 1,922,844 7.7% Food & Beverage 636,389 903,536 42.0% Other 85 88,110 2.6% Total 3,378,475 4,010,707 18.7% December 2008 YTD Sales Tax CASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL Dec. YTD Dec. YTD Dec. YTD 2007 2008 % Collections Collections Change Retail 1 1,943,453 2.8 %4 Lodging 1,374,307 1,388,742 1.1 % i Food & Beverage 761,776 682,251 10.4% Other 70,983 75,522 6.4 % Total 4 4 0.2 %a OUT OF TOWN Dec. YTD Dec. YTD Dec. YTD 2007 2008 % Collections Collections Change Retail 731,027 670,208 -8.3% Lodging 262,021 307 17.5% Food & Beverage 16,797 15 -8.4% Utilities & 2,213,674 2,556,075 15.5% Other Total 3,223,519 3,549 10.1% i December 2008 YTD Sales Tax TOTAL Dec. YTD Dec. YTD Dec. YTD 2007 2008 % Collections Collections Change Retail 6 6,296,771 -1.8% Lodging 5 6,226,277 5.9% Food & i Beverage 4 4 2.8% Utilities & 2,488,180 2,835,914 14.0% Other Total 18,929,923 19,624,181 3.7% I RETAIL SUMMARY Dec. YTD Dec. YTD Dec. YTD 2007 2008 % Collections Collections Change FOOD 1.3815,557 1,437,462 3.7% LIQUOR 331,981 388,683 17.1% APPAREL 816,000 799,456 -2.0% SPORT 2,276,665 2,256,332 -.9% JEWELRY 257,907 226,247 -12.3% GIFT' 122.813 105,551 -14.1% GALLERY 80.880 64.002 - 20.9% OTHER 1,131,876 1,013,04? - 10.5% HOME 7,468 5,996 - 19.7 % OCCUPATION TOTAL 6,412,147 6,296,771 -1.8%