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2003 Town Council Agendas Evening Meeting
AGENDA TOWN COUNCIL EVENING MEETING TUESDAY, January 7, 2003 7:00 P.M. TOV COUNCIL CHAMBERS 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. ITEMITOPIC: Citizen Participation. (5 min.) 2. ITEMITOPIC: Consent Agenda (5 min.) Approval of Dec. 3`d and 17t", 2002, meeting minutes. 3, ITEM1TOPiC: Summer Air Service. (20 min.) Kent Myers BACKGROUND RATIONALE : Local group is attempting to provide air service next summer from Dallas to Eagle. Kenfi Myers is leading this effort and will address the Council about funding a portion of the flight guarantees for this effort. 4. iTEMITOPiC: Next Steps for Appointments to the Bob McLaurin Conference Center Oversight Committee (5 min.) Russ Forrest BACKGROUND RATIONALE: Council has received 26 Indica#ions of interest to serve in the categories of Lodging, Retaillbusiness and At-large. Direct staff as to how to proceed in selecting the 6 appointments, e.g. scheduling interviews, accepting letters with qualifications, etc. Although Staff called each applicant individually, due to the holidays, vacations, etc., some applicants did not supply the requested information. Other applicants had already forwarded resumes/background by a-mail and could not take the time at this time of year to reduce the content to Council's original request. The packets include all information Staff had received by 1.0:00 A.M. Thursday, 1102103. As well, Chris Canepa in the "Lodging" category withdrew his name because he has recently accepted a position in another state; and, Steve Pope in the "At Large" withdrew his application. Staff would like direction an the next steps for this selection process. 5. Town Manager's Report. (5 min.) 6. Adjournment. (7:40 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL. REGULAR WORK SESSION WILL BE ON TUESDAY, JANUARY 7, 2003, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. F: mcaste rlagendaltcmeetl20031010703 THE NEXT VAlL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, JANUARY 7, 2003, BEGINNING AT 7:00 P.M_ IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-Dour notification. Please call 479-2332 voice or 479-2356 TDD far information. F: mcasterfagendaltcmeet!2003!010703 J AGENDA TOWN COUNClL EVENING MEETING TUESDAY, January 21, 2003 7:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 7. ITEMITOPIC: Citizen Participation. (5 min.) 2. ITEMITOPIC: Artwork For Deer Migration Fence (5 min.) i,.eslie Pickling ACTION REQUESTED OF COUNCIL: Direct the Art in Public Places Program to proceed with the project. BACKGROUND RATIONALE: A canvas fence funded by ECO and the Town of Vai! will be placed along the bike path in Dowd Junction to facilitate migration of mule deer. The Art in Public Places. Program would like to enhance the appearance of the fence by applying a stenciled design to it. AIPP selected a design proposed by artist Barbara Baer which uses large organic shapes to suggest, cyclists, Gore Creek, and leaves. STAFF RECOMMENDATION: Approve the project. 3. Town Manager's Report. (5 min.) 5 Adjournment. (7:'15 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL T1MES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION F: mcasterlagendaltcmeeU244314i 2 i 43 WILL BE ON TUESDAY, 1=EBRUARY 4, 2403, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, FEBRUARY 4, 2043, BEGINNING AT 7:00 P.M_ IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 vaics ar 479-2356 TDD far information. F : mcasterlagendaltcmeet/2003109 2103 AGENDA TOWN COUNCIL EVENING MEETING TUESDAY, February 4, 2003 7:00 P.M. TOV COUNCIL CHAMBERS 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. iTEMITOPIC: Citizen Participation. (5 min.) 2. ITEMITOPIC: Fire Services Discussion. (45 min.) Bob McLaurin John Gulick 3. ITEMITOPIC: Financing far Lionshead Public Improvements (45 min.) Bob McLaurin Russ Forrest ACTION REQUESTED OF COUNCIL: Provide direction on next steps. BACKGROUND RATIONALE: The purpose of this hearing is to receive public and Town Council input an several critical questions on Lionshead public improvement financing. Staff would like to review the need for public financing in Lionshead, the options for financing the desired public improvements, and receive direction on whether to proceed with Tax Increment Financing as the preferred tool far public financing. Staff would like to review haw much tax increment financing is anticipated to generate naw that we have more specific development information from Vail Resorts and input from the Eagle County Assessor's office. Then staff would like to review and receive input on several critical questions on moving forward with Lionshead public improvement financing. 4. ITEMITOPIC: Village Special Improvement District Discussion (45 min.) Greg Hall 1-: mcasterlagendaltcmeet1244314129 03 5. ITEMITOPIC: Parking Task Farce Update. (15 min.) Ludwig Kurz Dick Cleveland 6. ITEMITOPIC: Art in Public Places (AIPP) Year End Review. Leslie Pickling (15 min.) BACKGROUND RATIONALE: The Art in Public Places Program Board would like to inform the Town Council of our activities and accomplishments. 7. ITEMITOPIC: Artwork 1=or Deer Migration Fence (5 min.} Leslie Pickling ACTION REQUESTED OF COUNCIL: Direct the Art in Public Places Program to proceed with the project. BACKGROUND RATIONALE: This spring, a vinyl fence will be placed along the bike path in Dowd Junction to facilitate migration of deer. The Art in Public Places Program would like to enhance the appearance of the fence by applying a stenciled design to it. AIPP selected a design proposed by artist Barbara Baer which uses large organic shapes to suggest cyclists, Gore Creek, and leaves. The artwork will be applied to the entire length of the north side of the fence which is'most visible to !70 motorists. The fence on the south side of the bike path will be a solid blue color. STAFF RECOMMI^NDATION: Approve the project. 8. ITEMITOPIC: Artwork for Donovan Park Pavilion D~Ors. (5 min.) Leslie Pickling ACTION REQUESTED OF COUNCIL: Direct AIPP to proceed with the project. BACKGROUND RATIONALE: The Art in Public Places Program has selected a design proposed by artist Kate Petley fior the.front doors of the Donovan Park Pavilion. An Aspen leaf, measuring approximately 4 inches, will be etched randomly into the glass of the front doors and side lights. The aspen leaf motif is also being used in the building's patio. Funding comes from the project and AIPP budgets. F: mcaste r/agenda/tcmeet12003/012103 STAFF RECOMMENDATION: Approve the project. 9. Town Manager's Report. (5 min.) 10. Adjournment. (10:10 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, FEBRUARY 1$, 2403, BEGINNING AT 2:00 P.M. IN' THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, FEBRUARY 18, 2003, BEGINNING AT 7:00 P.M_. iN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. F; mcaster/agendaltcrneeU2003/012103 AGENDA TowN couNCIL EVENING MEETING TUESDAY, February 18, 2003 7:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ~ . ITEMITOPIC: Citizen Participation. (5 min.) 2. ITEMITOPIC: National Athletic Training Month Proclamation {5 min.) 3. ITEMITOPIC: Request for Dobson Ice Time by Vail Junior Vince Cook Hockey & the Learning Center. (10 min.) Glenn Heelan 4. CONSENT AGENDA: Approval of January 7 & 21, 2003, meeting minutes. (5 min.) 5 Pam Brandmeyer ITEMITOPIC: Donovan Park Pavilion Use of Facility. (30 min.) Sub-committee Recommendation: • Issue liquor license for pavilion and grounds. • Philosophically set price and use to approach "break even" status 6. ITEMITOPIC: Dog Park Discussion. {10 min.} Todd Oppenheimer Larry Pardee 7. 1TEMITOPIC: Appointment of Pamela A. Brandmeyer as Interim Town Manager. (5 min.) 8 Town Manager's Report. {5 min.) 9 Adjournment. (8:15 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUB.~ECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, MARCH 4, 2003, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, MARCH 4, 2003, BEGINNING AT 7:00 P.M_ IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. AGENDA TOWN COUNCIL EVENING MEETING TUESDAY, March 4, 2003 7:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and canno# be relied upon to determine at what time Council will consider an item. 1. ITEMITOPIC: Citizen Participation. (5 min.) 2. ITEMITOPIC: Nottingham Environmental Quality Award. Bill Carlson (10 min.) 3. ITEMITOPIC: Art in Public Places (AIPP) Year End Leslie Pickling Review. (15 min.) 4. ITEMITOPIC: Multi-Jurisdictional Forest Fuels Reduction Project in Intermix Areas. {30 min.) Cal Wettstein Ron Cousineau BACKGROUND: The reduction of hazardous fuel loading patterns is the objective of the State and Federal Forest Services in "intermix" areas of Vail, Minturn and adjacent Eagle County. 5. ITEMITOPIC: Investment Policy Report. (10 min.) Judy Camp 6. Town Manager's Report. {5 min.) 7. Adjournment. (8:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, MARCH 18, 2003, BEGINNING AT 2:00 P.M, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, MARCH 18, 2003, BEGINNING AT 7:00 P.M_ IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. r AGENDA TOWN COUNCIL EVENING MEETING TUESDAY, March 18, 2003 7:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Counci! will consider an item. 1. lTEM1TOPIC: Citizen Participation. (5 min.} 2. ITEMITOPIC: Presentation from the Division of Wildlife. Bill Andre {10 min.) 3. ITEM1TOPiC: Vail Valley Economic Council Update. Arn Menconi {15 min.) 4. CONSENT AGENDA: Approval of February 4 and 18, 2003 meeting minutes. {5 min.) 5. ITEMITOPIC: Fire Services Decision. {20 min.) Bob McLaurin BACKGROUND RATIONALE: At the February 4th Council meeting discussion of fire services, the Council indicated they would make a fiinal decision on fire services on March 18th ACTION: Direct staff on how to proceed with fire protection issues. 6. ITEMITOPIC: Appointments to PEC, DRB, CSE, AIPP, LLA, Bldg. Board of Appeals. {15 min.) 7. ITEMITOPIC: Appointment of Wilcox, Miller, & Nelson - TOV search for Town Manager. {10 min.) Review contract - Appoint Council Member to serve as staff contact in search process. $. Matt Mire ITEMITOPIC: Bighorn leash law ordinance, Ordinance .#1, Series of 2003, first reading. (10 min.} AN ORDINANCE AMENDING TITLE SIX OF THE VAIL TO CODE; EXEMPTING AREAS OF BIGHORN PARK FROM TOWN OF VAIL REQUIRMENTS REGARDING PET ANIMAL OWNERS' IMMEDIATE AND PHYSICAL CONTROL OF DOGS; AND SETTING FORTH DETAILS IN REGARD THERETO. ACTION REQUESTED OF COUNCIL: Approve, amend, or deny Ordinance No. 1, Series 2DD3. BACKGROUND RATIONALE: The Council requested an ordinance amending the Town Code to allow dogs to be in certain areas of Bighorn Park without the requirement that the dog be under the Physical Control or the Immediate Control of the dog's responsible party, as defined in the Vail Town Code. STAFF RECOMMENDATION: Approve, amend or deny Ordinance No. 1, Series 2003. 9. ITEMITOPIC: George Ruther First Reading of Ordinance No. 2, Series of 2003, an ordinance amending Section 12-3-3, Appeals, Vail Town Cade, amending the procedures for appealing a decision, determination, or interpretation of the Administrator, Design Review Board andlor Planning and Environmental Commission, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIt_: Listen to a staff presentation on the proposed text amendment ordinance and approve, approve with modifiications, or deny Ordinance No. 2, Series of 2003 on firsk reading. BACKGROUND RATIONALE: The Vail Town Council directed staff to prepare an ordinance amending the appeals procedure for the Zoning Regulations of the Vail Town Code to eliminate the conflict between the 10-day appeals timeframe and the meeting schedule of the Vail Town Council. On February 24, 2003, the Planning and Environmental Commission held a pulalic hearing to discuss the proposed text amendment. Fallowing discussion of the amendment, the Commission voted 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission has been attached for reference. 10. 1TEMITOPIC: AN ORDINANCE AMENDING TITLE $ OF THE VAIL TOWN CODE; PROVIDING AMENDMENTS AND ADDITIONAL UVARRANTY CONDITIONS REGARDING STREET OPENINGS, EXCAVATIONS AND PAVEMENT CUTS; AND SETTING FORTH DETAILS IN REGARD THERETO. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend, or deny Ordinance No. 3, Series 24D3. BACKGROUND RATIONALE: This ordinance amends the Vail Town Code to require that contractors provide the Town with a two year, as opposed to a one year, warranty period for certain street work performed within the Town of Vail. STAFF RECOMMENDATION: Approve, amend or deny Ordinance No. 3, Series 2403. 11. ITEMITOPIC: Resolution #1, Series of 2003, A resolution designating a public place within the Town of Vail for the posting of notice far public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other Boards, Commissions, and Authorities of the Town of Vaii. (5 min.) 12. Town Manager's Report. (5 min.) 12. Adjournment. (9:Q5 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, APRIL 1, 2043, BEGINNING AT 2:DD P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, APRIL 1, 2003, BEGINNING AT 7:00 P.M_ IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. AGENDA TOWN COUNCIL EVENING MEETING TUESDAY, April 'l, 2003 6;00 P.M. TOV COUNCIL CHAMBERS 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. ITEMITOPIC: Citizen Participation. (5 min.) 2. CONSENT AGENDA: a. Proclamation #2, Series of 2003, proclaiming April 13 - 19, 2003, as National Public-Safiety Telecommunications Week. (5 min.} Each year, the second week of April honors the men and women nationwide who serve as public safety telecommunicatars. This observance was first conceived by Patricia Anderson of the Contra Costa County (Calif.} Sheriff s Office in 1981. By the early 1990s, the national Association of Public Safety Communications Officials organization successfully lobbied Congress far a formal proclamation. Rep. Edward J. Markey (D-Mass.) introduced what became H.J. Res. 284 to create "National Public Safety Telecammunicator Week." Following congressional procedure, it was introduced twice more in 1993 and 1994, before becoming permanent. In recognition of the dedicated staff of the Vail Public Safety Communications Center and staff, the town would like to propose that the Town Council reaffirm the congressional proclamation created in 1992 by signing a proclamation of support. This year, National Public Safety Telecommunicator Week runs from April 13-19. This proclamation will be a strong show of public support in these tremulous times. h, ITEMITOPIC: IGA with Eagle County Animal Control for 2003 animal control services (5 min.) ACTION REQUESTED DF COUNCIL: Approve for Town Manager to sign BACKGROUND RATIONALE: This is the annual contract with Eagle County and there are no changes in the agreement from 2002. STAFIF RECOMMENDATION: Approve for signature. c. Approval of March 4 and 18, 2003, meeting minutes. (5 min.) 3, 1TEMITOPIC: Directionlapproval ofi'03 budget Bob McLaurin Modificationslreductions to allow staff to proceed ,ludy Camp with preparation of '04 budget (20 min.} 4. George Ruttier ITEMITOPIC: Nail's Front Door Ordinance # 4, Series of 2003, first reading. (2 hours -Items 4,5, & 8} ITEMITOPIC: First Reading of Ordinance No. 4, Series of 2003, an ordinance amending Title 12, Zoning Regulations, Chapter 4, Districts Established, Section 12-4-1, Designated, of the Vaif town Code, to establish the Ski Base Recreation 2 (SBR 2) district, and setting forth details in regard thereto. Resolution No. 2, Series of 2003, a resolution amending the Vail Land Use Plan to expand the boundaries of the Plan; amend the text of the Plan regarding the exchange of United States Forest Service lands; amend the description of the "Ski Base" land use designation, and setting forth details in regard thereto. Resolution No. 3, Series of 2003, a resolution amending the Vaif Village Master Plan to expand the boundaries of the Plan; amend the description of the "Ski Base Recreation" land use category; add sub-area #11, "Nail's Front Door" to the list of the Vail Village sub-areas; amend the master plan iflus#rative plans, and setting forth details in regard thereto. ACTION REQUESTED OF GOUNCIL: Listen to a staff presenta#ion on the proposed ordinance and resolutions and approve, approve with modifications, or deny Ordinance No. a, Series of 2003, Resolution No. 2, Series of 2003, and Resolution Na. 3, Series of 2003. BACKGROUND RATIONALE: On March 10, 2003, the Town of Vail Planning and Environmental Commission held a public hearing. to consider an application to amend the Vail Land Use Plan, Vaif Village Master Plan and to establish a new zone distric# in Title 12, Zoning Regulations, Vail Town Code. Upon considering the application, the Commission voted unanimously to forward a recommendation of approval of the application to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council, dated April 1, 2003, for further details. 5. ITEMITOPIC: Resolution #2, re: Veil's Front Door. r3. lTEM1TOPIC: Resolution #3, re: Veil's Front Door. 7. BiII Gibson ITEMITOPIC: First Reading of Ordinance No. 5, Series of 2003, an ordinance amending Title 12, Zoning Regulations, Vail Town Cade, for proposed "house keeping" amendments and/or corrections, and setting forth details in regard thereto. {'15 min.) ACTION REQUESTED OF COUNCIL: Listen to a staff presentation on the proposed text amendment ordinance and approve, approve with modifications, ar deny Ordinance No. 5, Series of 2003, on first reading. BACKGROUND RATIONALE: Through the review process of various zoning applications, problems arise with specific code sections that are not clear to applicants. This often occurs with zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission and to the Town Council to "clean-up" the Zoning regulations. These amendments are not intended to amend the substantive content of the code, but rather to "clean-up" errors and clarify sections of the cede. On March 24, 2003, the Planning and Environmental Commission held a public hearing #a discuss the proposed text amendments. Following discussion of the amendment, the Gammissian voted 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council. $. Sill Gibson ITEMlTOP1C: First Reading of Ordinance No. 6, Series of 2003, an ordinance amending Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12- 6D-3, 12-13-4, Vail Town Code, to allow a Type it employee housing unit as a permitted use and to eliminate a Type II employee housing unit as a conditional use in the Single-Family Residential (SFR), Two-Family Residential {R), and Two-Family Primary/Secondary Residential {PS) districts, and setting forth details in regard thereto, (5 min.) ACTION REQUESTED OF COUNCIL: Set the date of the Town Council's public hearing of the frst reading of Ordinance Na. 6, Series of 2003, for Tuesday, May 6, 2003. BACKGROUND RATIONALE: The primary purpose for these proposed text amendments is to expedite the development review process for Type II Ef-fU applications in an effort to make more efficient use of the Planning and Environmental Commission, Town Staff, and applicants' time and resources. On March 24, 2043, the Planning and Environmental Commission held a public hearing to discuss the proposed text amendments. Following discussion of the amendment, the Commission voted 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council. Since the initiation of these proposed tex# amendments, the Town of Vail has received a subsequent application for proposed text amendments to Title 12 (Zoning Regulations), Vail Town Code, related to the regulation of Type II ENUs. Staff is recommending that the Town Council se#s the public hearing date for Ordinance No. 6, Series 2003, #o coordinate with the anticipated public hearing date for the subsequent text amendment proposal. 9. ITEMITOPIC: Ordinance #7, Series of 2003, first reading George Ru#her Vail Village Inn. (15 min.) ITEMITOPIC: f=irst Reading of Ordinance No. 7, Series of 2003, an ordinance amending Ordinance No. 21, Series of 2001, Section 6, Approval Expiration; Time Limitations, Special Development Dis#rict No. 6, Vail Village Inn, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL; Listen to a staff presentation on the proposed ordinance and approve, approve with modifications, or deny Ordinance No.'7, Series of 2003, on first reading. BACKGROUND RATIONALE: On March 24, 2003, the Town of Vai! Planning and Environmental Commission held a public hearing to consider an application to amend Ordinance No. 21, Series of 2001, Section 6, Approval Expiration; Time Limitations, Special Development District No. 6, Vail Village Inn. Upon considering the application, the Commission voted unanimously to forward a recommendation of approval of the application to the Vaif Tawn Council. Please refer to the staff memorandum to the Planning and Environmental Commission, dated March 1 Q 2003, for fur#her details. 10. ITEMITOPIC: Bighorn leash law ordinance, Ordinance .#'1, Matt Mire Series of 2003, second reading. (10 min.) AN ORDINANCE AMENDING TITLE SIX OF THE VAIL TOWN CODE; EXEMPTING AREAS OF BIGHORN PARK FROM TOWN OF VAIL REQUIRMENTS REGARDING PET ANIMAL OWNERS' IMMEDIATE AND PHYSICAL CONTROL OF DOGS; AND SETTING DETAILS IN REGARD THERETO. ACTION REQUESTED OF COUNCIL: Approve, amend, or deny Ordinance No. 1, Series 2003. BACKGROUND RATIONALE: The Council requested an ordinance amending the Town Code to allow dogs to be in certain areas of Bighorn Park without the requirement that the dog be under the Physical Control or the Immediate Control of the dog's responsible party, as defined in the Vail Town Code. STAFF RECOMMENDATION: Approve, amend or deny Ordinance No. 1, Series 2003. 11. 1TEMITOPIC: George Rufher Second Reading of Ordinance No. 2, Series of 2003, an ordinance amending Section 32-3-3, Appeals, Vaii Town Code, amending the procedures for appealing a decision, determination, or in#erpretation of the Administrator, Design Review Board andlor Planning and Environmental Commission, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Listen to a staff presentation on the proposed text amendment ordinance and approve, approve with modifications, or deny Ordinance No. 2, Series of 2003 on second reading. BACKGROUND RATIONALE: The Vail Town Council directed staff to prepare an ordinance amending the appeals pracedcre for the Zoning Regulations of the Vail Town Code to eliminate the conflic# between the 10-day appeals #imeframe and the meeting schedule of the Vail Town Council. On February 24, 2003, the Planning and 1=nviranmental Commission held a public hearing to discuss the proposed text amendment. Following discussion of the amendment, the Commission voted 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission has been attached for reference. 12. ITEMITOPIC: ORDINANCE #3, SERIES OF 2003, AN ORDINANCE AMENDING TITLE 8 OF THE VAIL TOWN CODE; PROVIDING AMENDMENTS AND ADDITIONAL WARRANTY CONDITIONS REGARDING STREET OPENINGS, EXCAVATIONS AND PAVEMENT CUTS; AND SETTING FORTH DETAILS IN REGARD THERETO,(5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend, or deny Ordinance No. 3, Series 2003. BACKGROUND RATIONALE: This ordinance amends the Vail Town Code to require that contractors provide the Town with a two year, as opposed to a one year, warranty period for certain street work performed within the Town of Vail. STAFF RECOMMENDATION: Approve, amend or deny Ordinance No. 3, Series 2003. 13. ITEMITOPIC: Approval of East Vail Repeater Site. (5 min.) 14. Town Manager's Report. (5 min.) 15. Adjournment. (9:45 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, APRIL 15,.2003, BEGINNING AT 2;40 P.M. IN THE TOV COUNCIL CHAMBERS, THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, APRIL 15, 2003, BEGINNING AT 7:00 P.M_. IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. AGENDA TOWN COUNCIL EVENING MEETING TUESDAY, April 15, 2003 6:00 P.M. TOV COUNCIL CHAMBERS NOTE: Times of items are approximate, subject tv change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEMITOPIC: Citizen Participation. (5 min.) 2. ITEMITOPIC: Discussion of Business Improvement Kaye Ferry District (BID). (1 hour} 3. ITEMITOPIC: Memorial Park Task Force Update. Diana Donovan (30 min.) Merv Lapin 4. Bill Gibson ITEMITOPIC: Appeal of the March 5, 2003, Design Review Board decision to approve the proposed Halaby residence, consisting of a new two-family residence and Type II Employee Housing Unit, located at 252 West Meadow Drivell_ot 8, Vail Village 2"d Filing. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or overturn the Design Review Board's decision to approve the proposed Halaby residence. BACKGROl1ND RATIONALE: On March 5, 2003, the Design Review Board approved the proposed Halaby residence, consisting of a new two-family residence and Type II Employee Housing. Unit, located at 252 West Meadow.DrivelLot 8, Vail. Village 2"d Filing. Adjacent property owners Merv Lapin, 232 West Meadow Drive, and Caleb and Maryan Hurtt, 272 West Meadow Drive, have filed appeals of the Design Review Board's March 5, 2003, decision. Please refer to the s#aff memorandum for additional information. STAFF RECOMMENDATION: Community Development Department recommends that the Town Council upholds the March 5, 2003, Design Review Board decision to approve the proposed Halaby residence, cansis#ing of a new two-family residence and Type li Employee Housing Unit, located at 252 West Meadow DrivelLot 8, Vail Village 2°d Filing. 5. Warren Campbell ITEMITOPIC: Appeal of the March 10, 2003, Planning and Environmental Commission condition of approval requiring the applicant to mitigate all fire violations listed in the letter dated March 20, 2002, from the Town of Vail Fire Department within 12 months of the issuance of a building permit in the Gore Creek Plaza Building, located at 193 Gore Creek DrivelLot A, Block 5B, Vail Village 1s~ Filing. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or modify the Planning and Environmental Commission's condition requiring the applicank to correct the fire violations which exist currently in their condominiums, within the Gore Creek Plaza Building within 12 months of the issuance of a building permit. BACKGROUND RATIONALE: On March 10, 2003, the Planning and Environmental Commission approved a conditional use permit for the elimination of an existing dwelling unit (Unit 3} at the Gore Creek Plaza Building. There was one condition of approval which required that the applicant mitigate the violations listed in the Vail Fire Department's letter dated March 20, 2002, within 12 months of the issuance of a building permit. The Vail Fire Department's letter stipulated an 18 month time frame to develop a plan for mitigating the violations which is by September 20, 2003. The letter also stipulated an 18 month time frame from September 20, 2003, to complete all mitigation solutions which would place the completion of all work on May 20, 2005. The applicant has submitted an appeal of the Planning and Environments! Commission's condition. Please refer to the staff memorandum far additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council modifies the Planning and Environmental Commission's condition of approval. The condition should be modified to read as follows: The applicant shall submit a plan to address the violations identified in the March 20, 2002 letter from the Town of Vail Fire Department in the identified time frame for khe Penthouse, Unit 2, and Unit 3. The applicant shall perform the mitigation required to remedy the existing violations in the Penthouse, Unit 2, and Unit 3 no later than May 20, 2005, as outlined in the March 20, 2002, letter. This revised condition follows the dates outlined in the Fire Department's March 20, 2002, letter while meeting the intent of the Planning and Environmental Commission's desire to have the mitigation performed in the Penthouse, Unit 2, and Unit 3 at the Gore Creek Plaza Building, located at 193 Gore Creek DrivelLot A, Block 56, Vail Village 1 s, Filing. 6. ITEMITOPIC: Approval of Slurry Seal S#reet Improvements Larry Pardee Project contract. (5 min.} ACTION REQUESTED OF COUNCIL: Approve and Award contract. BACKGROUND RATIONALE: Slurry Seal is part of the Town of Vail's on going preventive maintenance program to our asphalt streets. Slurry Seal helps to extend the life of asphalt pavement. Also provides a new all-weather and skid resistance surface to our streets. Intermountain Slurry Seal Inc bid is within budget. Staff recommends awarding the project to Intermountain Slurry Seal Cnc. The Project is scheduled to begin sometime in August 2003. Bids: Contractor Total Bid Intermountain Slurry Seal Inc. (Utah) $134,400.00 Quality Paving (Denver) $149,500.00 TOV 2003 Capital Street Maintenance Budget $ISO,OOOAO RECOMMENDATION: The Public Worics Department recommends awarding the project to krttermountain Slurry Seal nc. 7. ITEMITOPIC: Resolution # 4, Series of 2003, Authorization Condemnation of Timber Ridge. (15 min.) A RESOLUTION DECLARING THE INTENT OF THE TOWN OF VA1L TO ACQUIRE A FEE SIMPLE INTEREST IN THE PROPERTY LOCATED AT 1280 LIONS RIDGE LOOP FOR PU6LIC HOUSING PURPOSES, FURTHER CONTINUANCE OF GOOD FAITH NEGOTIATIONS TO ACQUIRE SAID PROPERTY INTEREST, AND AUTHORIZATION TO INITIATE AN ACTION IN EMINENT DOMAIN TO ACQUIRE SAID PROPERTY IN THE EVENT GOOD FAITH NEGOTIATIONS DO NOT RESULT 1N AN AGREEMENT TO ACQUIRE SAID PROPERTY INTEREST. ACTION REQUESTED OI:' COUNCIL: Approve or deny Resolution No. 4, Series 2003. BACKGROUND RATIONALE: The Town of Vail has determined that it is necessary to acquire an unencumbered fee simple in#erest in the Property, and since good faith negotiations did not result in volun#ary granting of the Property, it is necessary that the Town of Vail acquire said interest in said real property through the use of the Town's power of eminent domain as provided for in Section 1.2 of the Vail Town Charter. STAFF RECOMMENDATION: Approve. $. Judy Camp Ordinance #l3, Series of 2003, first reading, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HEAVY EQUIPMENT FUND, REAL ESTATE TRANSFER TAX FUND, AND CONFERENCE CENTER FUND OF THE 2003 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (1 S min.} • VCBA Funding Decision • WCTB Funding Decision • East Vaii Repeater Site. ITEMITOPIC: Discussion of budget reductions far 2003 and 2004; first reading of Ordinance No 8, Series of 2003, an ordinance making supplemental appropriations and budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Conference Center Fund of the 2003 budget for the Town of Vail, Colorado and authorizing the expenditures of said appropriations as set forth herein; and setting for the details in regard thereto. ACTION REQUESTED OF COUNCIt_: Provide direction for preparation of 2004 budget; approve, deny, or approve with modifications supplemental appropriation #1 of 2003 BACKGROUND RATIONALE: Council and staff have reviewed potential reductions for the 2003 and 2004 budgets. The agreed-upon reductions need to be incorporated into the town's budget. Also, there are certain capital projects in process for which budgets were appropriated in 2002, but not yet spent. Those remaining budgets need to be rolled forward for appropriation in 2003. Finally, the town has added a Conference Center Fund as a result of the November 2002 election and expenditures from this fund need to be appropriated so that project planning and administration can proceed. The supplemental appropriation provides for the appropriate changes to the 2003 budget for all of the above. Decisions on the remaining items for 2004 will give staff direction far preparing a revised 5-year forecast and beginning to prepare the 2004 budget. STAFF RECOMMENDATION: Approve/approve with modifications the first reading of ordinance #8. 9. ITEMITOPIC: Resolution #2, a resolution amending the Vaii Land Use Plan to expand the boundaries of the plan, amending the text of the plan regarding the exchange of United States Forest Service Lands, amending the description of the "ski base" land use designation, and setting forth details in regard thereto. (10 min.) 9 0. 1TEMITOPIC: Resolution #3, a resolution amending the Vail Village Master Plan to expand the boundaries of the plan; amending the description of the "Ski Base/Recreation" land use category; adding Sub-Area #11, "Nail's Front Door" to the list of Vail Village Sub~Areas; amending the Master Plan Illustrative Plans, and setting forth details in regard there#o. (10 min.) 11. George Ru#her ITEMITOPIC: Nail's Front Door Ordinance # 4, Series of 2003, second reading. (40 min.) ITEMITOPIC: Second Reading of Ordinance No. 4, Series of 2003, an ordinance amending Title 12, Zoning Regulations, Chapter 4, Districts Established, Section 12-4-1, Designated, of the Vaii town Code, to establish the Ski Base Recreation 2 (SBR 2) district, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Listen to a staff presentation on the proposed ordinance and resolutions and approve, approve with modifications, or deny Ordinance No. 4, Series of 24D3, Resolution No. 2, Series of 2003, and Resolution No. 3, Series of 2003. BACKGROUND RATIONALE: On March 10, 2003, the Town of Vail Planning and Environmental Commission held a public hearing to consider an application to amend the Vail Land Use Plan, Vail Village Master Plan and to establish a new zone district in Title 12, Zoning Regulations, Vail Town Cade. Upon considering the application, the Commission voted unanimously to forward a recommendation of approval of the application to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council, dated April 1, 2003, for further details. 12. ITEMITOPIC: Ordinance #7, Series of 2403, second reading, Vail Village Inn. (15 min.) George Ruttier Second Reading of Ordinance No. 7, Series of 2003, an ordinance amending Ordinance No. 21, Series of 2001, Section 6, Approval Expiration; Time L.imifations, Special Development District No. 6, Vail Village Inn, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Listen to a staff presentation on the proposed ordinance and approve, approve with modifications, or deny Ordinance No. 7, Series of 2DD3, on second reading. BACKGROUND RATIONALE: On March 24, 2003, the Town of Vai! Planning and Environmental Commission held a public hearing to consider an application to amend Ordinance No. 21, Series of 2001, Section 6, Anpravai Exoirafion; Time Limitations, Special Development District No. 6, Vail Village Inn. Upon considering the application, the Commission voted unanimously to forward a recommendation of approval of the application to the Vail Town Council. Please re#er to the staff memorandum to the Planning and Environmental Commission, dated March 10, 2003, for further details. 13. Town Manager's Report. {5 min.) 14. Adjournment. {10:35 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, MAY 6, 2003, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, MAY 8, 2DD3, BEGINNING AT 7:00 P.M_ IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. AGENDA TOWN COUNCIL EVENING IUIEETING TUESDAY, May 6, 2003 6:00 P.M. TOV COUNCIL CHAMBERS 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. ITEMITOPIC: Request to go through the process for an Leslie Pickling Art in Public Places (AIPP)IFord Park art studio. (5 min. 2. ITEMITOPIC: Request to proceed through the process for George Ruther Vail Park (Lot P3 and J.) (10 min) 3. ITEMITOPIC: Request to proceed through the developmenfi Warren Campbell review process with a proposal to construct a new deck awning in the Town of Vail right-af-way. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of Remonov & Company, owners of the Vista Bahn Building, to apply for new awnings over the front entrance to the building and over the deck used by the Tap Room, located at 333 Hanson Ranch RoadlLot C, Block 2, Vail Village 1St Filing. Since Remonov & Company are proposing to construct a significant portion of #heir new awnings on Town of Vail property (i.e. the Hanson Ranch Road right-of-way), Town Council permission is required to proceed through the developmen# review process. If Council grants permission to proceed #hrough the process the applicant will need to submit a Planning and Environmental Commission variance application for additional site coverage and Design Review Board application. STAFF RECOMMENDATION: The Community Development Department recommends that the F:mcaster/agenda/tcmeet/050603 Town Council give Remonav & Company and their representative further direction on this matter. 4. ITEMITOPIC: Bid approval for Vail Valley Drive. Tom Kassmel Reconstruction. (5 min.) ACTION REQUESTED OF COUNCIL: Approve and Award contract. BACKGROUND RATIONALE: Vail Valley Drive is scheduled and budgeted to be reconstructed from Gold Peak to the l=ord Park soccer field parking lot entrance. The project includes the reconstruction of the existing deteriorating pavement, the construction of a new storm water system including curb and gutter, the construction of a brick paver walk from Gold Peak to the existing bike path in#ersection, the construction of a concrete walk from the bike path to the Ford Park soccer field parking lot entrance, the construction of a raised crosswalk at the Ford Park Amphitheatre walk, and the reconstruction of the existing bike path just east of Ski Club Vail. The above improvements are being constructed in order to improve pedestrian, bicyclist, and vehicular traffic along this section of Vail Valley Drive and to improve the condition of the existing roadway. Currently there are no accommodations for pedestrians and bicyclists along this busy section of roadway. Both the Ford Park Amphitheatre and the Ford Park soccer field generate constant pedestrian traffic in both the summer and winter seasons. The lack of pedestrian accommodations causes pedestrianlbicyciist/vehicularlbus conflicts that are a safety hazard. The construction of this project will minimize these conflicts. The Project was bid on April 30th, 2003 by three contractors. The Bid was set up in two parts, the first being the base construction bid, which includes the complete construction of the project. The second was an alternate bid, that allowed the contractor to offer a cost savings deduct off the base construction bid if Vail Valley Drive was allowed to be closed to two way traffic and temporarily made a one way road for eastbound traffic only, from May 19th to June 27th, from the east entrance of Manor Vail to the Vail Valley Drive bus turnaround just east of the Ford Park soccer field. This temporary change would allow the contractor to save on Traffic Control in that time period. The three bids the Town has received are as follows: Bids: Contractor 13&B Excavating Base Construction Bid $572,737.66 Traffic Control Deduct* {$3,500.00) Bid with Deduct $569,237.66 Ewing Trucking & $580,833.18 {$16,000.00) $564,833.18 Construction Dallarosa $596,404.92 ($17,669.D0) $578,735.92 Construction *The Traffic Control Deduct cost was bid as an alternate. The cost represents the savings to the Town if Vail Valley Drive is closed to two-way traffic and temporarily a one way road for eastbound traffic only, from the East entrance of Manor Vail to the Vail Valley Drive bus F:mcaster/agenda/tcmeet/0506x3 turnaround just east of the Ford Park Soccer field Ali three bids fall within the project budget. Staff recommends awarding the project to the low Base Construction Bid, B&B Excavating. StafF believes the Traffic Control Deduct cost savings to the Town does not out weigh the costs of educating the public on the change of traffic direction and the inconvenience to the residence and Town services. The Project is scheduled to follow the following timeline: Project Start May 19tH Milestone 1 (paving completed) June 27t" Project Complete July 18tH RECOMMENDATION: The Public Works Department recommends awarding the project to B&B Excavating. 5. ITEMITOPIC: Community Survey results. (30 min) Suzanne Silverthorn Chris Cares 6. ITEMITOPIC: Citizen Participation. (5 min.) 7. ITEMITOPIC: Bill Gibson First Reading of Ordinance No. 5, Series of 2003, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, for proposed "house keeping" amendments andlor corrections, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Listen to a staff presentation on the proposed text amendment ordinance and approve, approve with modifications, or deny Ordinance No. 5, Series of 2003, on first reading. BACKGROUND RATIONALE: On March 24, 2003, the Planning and Environmental Commission held a public hearing to discuss the proposed text amendments. Following discussion of the amendments, the Commission voted 6-0 to forward a recommendation of approval of the proposed text amendments to the Vail Town Council. On April 1, 2003, the Town Council reviewed the proposed Ordinance No. 5, Series of 2003, and voted 7-0 to table the first reading of this ordinance to its April 15, 2003, public hearing. This item was subsequently tabled from the April F:mcaster/agenda/tcmeet/050603 15, 2003, Council public hearing to the May 6, 2003, public hearing. Please refer to the staff memorandum for additional information. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 5, Series of 2003, on first reading. 8. ITEMITOPIC; Faur Seasons SDD Ordinance, Ord. #9, first Allison Ochs reading. (1 '/z hours) 1TEMITOPIC: An ordinance repealing and re-enacting Ordinance No. 14, Series of 2001, providing for the major amendment of Special Development District No. 36, Four Seasons Resort, and amending the approved development plan for Special Development District No. 36 in accordance with Chapter 12-9A, Vail Town Code, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 9, Series of 2003, on first reading. BACKGROUND RATIONALE: Ordinance No. S, Series of 2003, amends Special Development District No. 36 to allow for the redevelopment of the existing Chateau at Vail and Vail Amoco site. The proposal includes 118 accommodation units, 22 fractional fee club units, 34 Type III Employee Housing Units, 18 condominiums, retail and restaurant uses, conference and meeting rooms, and a spa and health club. On April 28, 2003, the Planning and Environmental Commission voted 4- 0 to forward a recommendation of approval of a major amendment to Special Development District No. 36, Four Seasons Resort, pursuant to Section 12-9A-10, Vail Town Code, to allow for amixed-hotel. In addition, the Planning and Environmental Commission voted 4-0 to approve a conditional use permit to allow far a 22 unit Fractional Fee Club, and a conditional use permit to allow for 34 Type Ill Employee Housing Units. Please refer to the staff memorandum for additional information. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance Na. 9, Series of 2003, F:mcaster/agenda/tcmeet/050603 on first reading. 9. ITEMITOPIC: Ordinance #10, Series of 2003, first reading, Allison Ochs rezoning the Vail Amoco site. (15 min.) An ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 9A, Vail village 2nd filing, from the Heavy Service zone district to the Public Accommodation zone district. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 10, Series of 2003, on first reading. BACKGROUND RATIONALE: On April 28, 2003, the Planning and Environmental Commission voted 5-0 to forward a recommendation of approval of a rezoning of Lot 9A, Vail Village 2nd Fiiing from Heavy Service zone district to Public Accommodation zone district, in accordance with Section 12-3-7, Vail Town Code. The rezoning is in association with the proposed major amendment to Special Developmenfi District No. 36, Four Seasons Resort, as outlined in Ordinance No, 9, Series of 2003. Please refer to the staff memorandum far additional information. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 10, Series of 2003, on first reading. 10. ITEMITOPIC: Loading and Delivery Ordinance, first Allison Ochs reading, Ord. #11. (15 min.) An ordinance amending Section 12-10-9, Loading Standards, Vail Town Code, to allow for an amendment to the size requirement for loading berths and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 11, Series of 2003, on first reading. BACKGROUND RATIONALE: On April 14, 2003, the Planning and Environmental Commission voted 6-0 to forward a recommendation of approval to the Vail Town Council to allow for a text F:mcaster/agenda/tcmeet/050503 amendment to Section 12-10-g: Loading Standards, Vail Town Code, to amend the minimum size requirement for loading berths. Currently, Section 12-10-9, Loading Standards, Vai! Town Code, requires loading berths to be a minimum of 12 ft. wide by 25 ft. long by 14 ft. high. The Town of Vail Community Development Department and Public Works Department initiated this text amendment to amend the minimum size requirement for loading berths to be 12 ft. wide by 35 ft. long by 14 ft. high. In addition, the Planning and Environmental Commission requested that Section 12-10-9, Loading Standards, Vail Town Code, be amended to allow the Planning and Environmental Commission the ability to grant variations to the minimum loading berth size requirement subject to the finding that such variation is necessary to prevent negative impacts to the public right-of-way. Please refer to the staff memorandum for additional information. STAFF RECOMMEN©ATION: The Community Development Department recommends that the Town Council approve Ordinance No. 11, Series of 2003, on first reading. 11. Judy Camp ITEMITOPIC: Second reading of Ordinance No 8, Series of 2003, an ordinance making supplemental appropriations and budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Conference Center Fund of the 2003 budget for the Town of Vail, Colorado and authorizing the expenditures of said appropriations as set forth herein; and setting for the details in regard thereto. {10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with modifications second reading of supplemental appropriation #1 of 2003. BACKGROUND RATIONALE: Supplemental appropriation #1 of 2003 was approved with modifications on April 15, 2003. Approval of the second reading will finalize appropriation of funds for the items included. STAFF RECOMMENDATION: Approvelapprove with modifications the second reading of ordinance #8. 12. Town Manager's Report. (5 min.) F:mcaster/agenda/tcmeet/fl5fl6fl3 93. Adjournment. (90:45 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, MAY 20, 2003, BEGINNING AT 2:00 P.M. IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, MAY 20, 2003, BEGINNING AT 7:00 P.M_ IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. F:rr~caster/agenda/~cmeet/050603 VAIL TOWN COUNCIL AGENDA EVENING MEETING 6 P.M. TUESDAY, MAY 20, 2p03 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEMITOPIC: Citizen Participation (5 min.) 2. ITEMITOPIC: Appointment of Members to the Vail Local Housing Authority and the Vail Local Licensing Authority {10 min.) 3. Russell Forrest ITEMITOPIC: Presentation of Options for Moving Forward with Conference Center Facility (90 min.} ACTION REQUESTED OF COUNCIL: Choose a preferred location for the conference facility. BACKGROUND RATIONAL: Vail Resorts has indicated that the conference center will need to pay for 300 parking spaces to use the Vail Resorts maintenance facility site for the conference center. Staff has worked with Vail Resorts to develop alternatives for moving forward with the conference facility. The alternatives include: • Locating the conference facility at the Vail Resorts site • Locating the conference facility at the Lionshead charter bus lot site STAFF RECCOMMENDATION: Staff has provided a list of pros and cons on both alternatives for the Council's consideration, (See attached memo) 4. Matt Mire ITEMlTOPIC: Business Improvement District (30 min.) Pam Brandmeyer • Decision to move forward • Consideration of $15,000 funding request 5. Dick Cleveland ITEMITOPIC: Authorization for the Town Manager to Negotiate and Sign Diana Donovan Donovan Pavilion Management Contract Chuck Ogilby (5 min.) Rod Slifer 6. Greg Hail ITEMlTOPIC: Approval to proceed through the PECIDRB approval process far the Streetscape Master Plan designs. (45 min.) ACTION REQUESTED OF COUNCIL: Approval of the Streetscape Master Plan design to proceed through the master plan amendment process (Vail Village, to include snowmelt or not Evening Session Agenda Page 1 S/15/43 and its general limits, East Meadow Drive and West Meadow Drive) BACKGROUND RATIONALE: The Town of Vail has undertaken extensive design and public processes to update the areas mentioned above in anticipation of the redevelopment of Vail Village. The plans have been reviewed by the public and the adjacent property owners. The Vail Village design plan has been reviewed with regards to snowmelt limits and recommended by the Streetscape Design Committee. The Vail Streetscape Master Plans need to be updated to reflect the current plans. The plans will need to proceed through the master plan amendment process. The Council as the owner of the project should sign off on the project prior to being submitted to PI=C for approval Once the PEC recommends a plan for approval, the Council amends the master plan by a resolution. STAFF RECOMMENDATION: Direct Staff to submit a PEC application to amend the Streetscape Master Plan 7. Todd Oppenheimer ITEMITOPIC: Approval of Pirate Ship Park Design Concepts (30 min.) ACTION REQUESTED OF COUNCIL: • Approval of preliminary design. • Direction to proceed through DRB and final design. BACKGROUND RATIONALE: Please refer to the attached F.A.Q. Sheet and Illustrations. STAFF RECOMMENDATION: Suggest any desired modifications and approve preliminary design of the Pirate Ship park renovation and direct staff to proceed to DRB and final design. 8. Tom Kassmel ITEMlTOPIC: Bighorn Asphalt Overlay Contract Approval (5 min.} ACTION REQUESTED OF COUNCIL: Approve and award contract. BACKGROUND RATIONALE: Bighorn Road was last overlaid in 1992. In order to protect the pavements structural integrity it is now time for its next overlay, It is currently within the capital streets maintenance plan and budget to complete a new asphalt overlay for the second half of the roadway. The Town completed the overlay an the first half last summer. The Town of Vail has received three bids for the "Bighorn Road Asphalt Overlay Project". The Project includes a 2" asphalt overlay beginning at Streamside Circle west and ending at Main Gore Drive. The bids received are as follows: Bids: Evening Session Agenda Page 2 5/15/03 Contractor Total Bid 13&B Excavating $126,428.00 Grand River Construction $141,430.30 Elam Construction $162,229.00 9. George Ruther Staff recommends awarding the project to B&B Excavating. The Project is scheduled to begin by June 16 and be completed by Juiy 3. RECOMMENDATION: The Public Works Department recommends awarding the project to B&B Excavating ITEMITOPIC: Resolution No. 5, Series of 2003, a hearing of substantial compliance of a petition for annexation to facili#ate the development of Vail's Front Door {Vista L3ahn area) project. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No.5, Series of 2003 BACKGROUND RATIONALE: Vaii Resorts Development Company (VRDC) has submitted a petition for annexation of the two parcels of land adjacent to the Town of Vail municipal boundary. The proposed annexation is intended to facilitate the development of Vail's Front Dvor project. Pursuant to "The Municipal Annexation Act of 1965", as set forth in Article 12, Title 13, Colorado Revised Statutes, the Vail Town Council shall make a finding of fact, by resolution, that the petition for annexation is in substantial compliance with the requirements of the Annexation Act of 1965. Said finding shall be made prior to consideration of the petition for annexation by the Town of Vail. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Resolution No. 5, Series of 2003. An approval of Resolution No. 5, Series of 2003 does not constitute an approval of the annexation request. Instead, it simply allows the applicant to proceed through the annexation review process. 10. George Ruther ITEMITOPIC: First Reading of Ordinance No. 12, Series of 2003, an ordinance establishing Special Development District No. 37, Tivoli Lodge, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 12, Series of 2003. BACKGROUND RATIONALE: Evening Session Agenda Page 3 5/15/03 On April 28, 2003, the Town of Vail Planning and Environmental Commission held a public hearing an a request to establish Special Development District No. 37, Tivoli Lodge. The purpose of the new Special Development District is to facilitate the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Road. Upan review of the request, the Planning and Environmental Commission voted 6-1 (Lamb opposed} to forward a recommendation of approval of the request to establish Special Development District No. 37, Tivoli Lodge, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated May 20, 2003, far further details (attached}. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approve Ordinance No. 12, Series of 2003, on first reading. 11. George Ruther ITEMlTOPIC: First reading of Ordinance No. 13, Series of 2003, an ordinance amending Section 12-7A-3, Conditional Uses, Article A, Public Accommodation {PA) District, Chapter 7, Title 12, Zoning Title, Town Code of Vail, to add lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying up to fifteen percent {15%} of the total gross residential flaar area of the main structure ar structures on the site, as a new conditional use in the District, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 13, Series of 2003, BACKGROUND RATIONALE: On April 28, 2003, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Section 12-7A-3, Conditional Uses, of the Town Code of Vail. The purpose of the proposed amendment is to facilitate the redevelopment of khe Sonnenalp Hotel and Swiss Chalet, located at 3$6 Hanson Ranch Road. Upon review of the request, the Planning and Environmental Commission voted unanimously (6-0} to forward a recommendation of approval of the request amend Section 12-7A-3 of the Town Code of Vail, to the Vail Town Council. Please refer to the staff memorandum to the Vail Tawn Council dated May 20, 2003, for further details (attached), STAFF RECOMMENDATION; The Community Development Department recommends that the Vail Town Council approves Ordinance No. 13, Series of 2003, on first reading. 12. Allison Ochs ITEMITOPIC: Second Reading of Ordinance No. 11, Series of 2003, Loading and Delivery Ordinance (5 min.} An ordinance amending Section 12-10-9, Loading Standards, Vail Town Code, to allow for an amendment to the size requirement for loading ber#hs and setting forth details in regard thereto. Evening Session Agenda Page 4 5/15/03 ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 11, Series of 2003, an first reading. BACKGROUND RATIONALE: On April 14, 2003, the Planning and Environmenta! Commission voted 6-0 to forward a recommendation of approval to the Vaii Town Council to allow for a text amendment to Section 12-10-9: Loading Standards, Vail Town Cade, to amend the minimum size requirement for loading berths. Currently, Section 12-10-9, Loading Standards, Vail Town Code, requires loading berths to be a minimum of 12 ft, wide by 25 ft. long by 14 ft. high. The Town of Vail Community Development Department and Public Works Department initiated this text amendment to amend the minimum size requirement for loading berths to be 12 ft. wide by 35 ft. sang by 14 ft. high. In addition, the Planning and Environmental Commission requested that Section 12-10-9, Loading Standards, Vail Town Code, be amended to allow the Planning and Environmental Commission the ability to grant variations to the minimum loading berth size requirement subject to the finding that such variation is necessary to prevent negative impacts to the public right-af-way. Please refer to the staff memorandum for additional information. STAFF RECOMMENDATION: The Community Developmen# Department recommends that the Town Council approve Ordinance No. 11, Series of 2003, on second reading. 13. Town Manager's Report {5 min.) 14, Adjournment {11:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: {ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, JUNE 3, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JUNE 3, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479- 2332 voice ar 479-2356 TDD for information. Evening Session Agenda Page 5 5/15/03 VAIL TOWN COUNCIL AGENDA EVENING MEETING 6 P.M. TUESDAY, JUNE 3, 2003 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. ITEMITOPIC: Citizen Participation (5 min.} 2. ITEMITOPIC: Consent Agenda re: April 1, April 15, May 6 and May 20, Evening Meeting Minutes (5 min.) 3. Jim Sparr ITEMITOPIC: Presentation of Fire S#udy Analysis (1 hr.) John Gulick Pam Brandmeyer BACKGROUND RATIONALE: On April 28, the Town of Vail entered into a $4,800 con#ract with Jim Sparr, president of Almont Associates, Inc., to review previous fire station location and staffing studies and to conduct an independent analysis of Vail's fire service levels. The report has since been completed and includes a series of recommendations. ACTION REQUESTED OF COUNCIL: Review the findings, the staff recommendation and provide direction. STAFF RECOMMENDATION: Authorize creation of a third fire company and design and construction of a West Vaii fire station, white continuing discussions on consolidation of services. 4. Russell Forrest ITEMITOPIC: Conference Center Discussion re: Next Steps (45 min.} • Appointment of Oversight Committee Members • Request for Proposal for Business Plan • Project Manager ACTION REQUESTED OF COUNCIL: Staff is requesting the Vail Town Council provide the following direction: 1. Appoint the Conference Center Oversight Committee (select two from lodging; two from retaillbusiness; two from community at large; and two to four Council representatives). Bill Jensen will serve as Vail Resorts' representative. 2. Provide direction on whether to issue an RFP for consulting services to update the market analysis and comple#e a business plan for the conference center. 3. Determine if a project manager should be retained by the Town and whether to move forward with issuing an RFQ for a project manager. BACKGROUND RATIONALE: At the May 2Q 2003 Vail Town Council meeting, the Council approved a motion to locate the conference center at the charter bus lot site in Lionshead and to initiate negotiations with Vail Resorts on the proposals presented by Vail Resorts to contribute to public parking at the Lionshead parking s#ructure. The Town Council also directed staff to move forward with the next steps for selecting an oversight committee. STAFF RECOMENTATION Approve of the issuance of an RFp for creating a business plan and a RFQ far selec#ing a project manager for the conference center. 5. Angela Mueller ITEMITOPIC: Children's Garden of Learning Discussion re: a $75,000 grant request to pay for the construction and ren#ai costs for the interim location of the Children's Garden of Learning. Also, discuss a written lease for the new building being constructed as par# of Middle Creek project. (30 min.) ACTION REQUESTED OF COUNCIL: Consider a request by the Children's Garden of Learning for a grant #o cover temporary location cos#s and a lease for the new facili#y at Middle Creek. BACKGROUND RATIONALE: The Children's Garden of Learning has been working with the Town of Vail and the Middle Creek project developer far the past two years. The school has reviewed many interim sites with the Tawn and parents. After exhausting all options, the school will be moving to Red Sandstone Elementary School July 1. STAFF RECOMMENDATION: fi. Judy Camp ITEMITOPIC: Funding for the Vail Chamber and Business Association and the Vail Valley Chamber and Tourism Bureau (15 min.) ACTION REQUESTED OF COUNCIL: BACKGROUND RATIONALE: STAFF RECOMMENDATION: 7. Matt Mire lTEMlTOPIC: First reading of Ordinance No. 14, Series of 2003, an Nina Timm ordinance authorizing the creation of Timber Ridge Affordable Housing Corporation and the making of a loan to Timber Ridge Affordable Housing Corporation in connection with the Corporation's acquisition of Timber Ridge apartments and authorizing the execution and delivery of a project agreement concerning such project; ratifying action previously taken and appertaining thereto; repealing all ordinances in conflict herewith. (30 min.) ACTION REQUESTED OF GOUNCIL: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2003 an first reading. BACKGROUND RATIONALE: The Vail Town Council has determined to form the Timber Ridge Affordable Housing Corporation under provisions of the Colorado Nonprofit Corporation Act, Articles 121 through 137 of Title 7, Colorado Revised Statutes, as amended, for the purpose of acquiring, operating, maintaining and developing the Timber Ridge multifamily ren#al housing project. STAFF RECOMMENDATION: Staff recommends the Vail Town Council approve Ordinance No. 14, Series of 2003, on first reading. 8. Bill Gibson ITEMITOPIC; Second Reading of Ordinance No, 5, Series of 2003, an ordinance amending Ti#le 12, Zoning Regulations, Vail Town Code, for proposed "house keeping" amendments andlor corrections, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Listen #o a staff presentation on the proposed text amendment ordinance and approve, approve with modifrcations, or deny Ordinance No. 5, Series of 2003, on second reading. BACKGROUND RATIONALE: On March 24 the Town of Vail Planning and Environmental Commission held a public hearing to discuss the proposed text amendments. 1=ollowing discussion of the amendments, the Commission voted 6-0 to move forward with a recommendation of approval of the proposed text amendments to the Vail Town Council. On May 6 the Town Council approved Ordinance No. 5, Series of 2003, on first reading by a vote of 4-2. Please refer to the staff memorandum for additional information. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council approve Ordinance No. 5, Series of 2003, on second reading. 9. George Ruttier ITEMITOPIC: Second Reading of Ordinance No. 12, Series of 2003, an ordinance establishing Special Development District No. 37, Tivoli Lodge, and se##ing forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 12, Series of 2003, on second reading. BACKGROUND RATIONALE: On April 28 the Tawn of Vai! Planning and Environmental Commission held a public hearing on a request to establish Special Development District No. 37, Tivoli Lodge. The purpose of the new Special Development District is to facilitate the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Road. Upon review of the request, the Planning and Environmental Commission voted 6-1 {Lamb opposed) to forward a recommendation of approval of the request #o establish Special Development District No. 3T, Tivoli Lodge, to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Departmen# recommends that the Vail Town Council approve Ordinance No. 12, Series of 2003, on second reading. 10. George Ruther ITEMITOPIC: Second reading of Ordinance No. 13, Series of 2003, an ordinance amending Section 12-7A-3, Conditional Uses, Article A, Public Accommodation (PA) District, Chapter 7, Title 12, Zoning Title, Town Cade of Vail, to add lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying up to fifteen percent {15%} of the total gross residential floor area of the main structure or structures on the site, as a new conditional use in the District, and setting forth details in regard thereto. (15 min.} ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 13, Series of 2003. BACKGROUND RATIONALE: On April 28 the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Section 12-7A-3, Conditional Uses, of the Town Code of Vail. The purpose of the proposed amendment is to facilitate the redevelopment of the Sonnenalp Hotel and Swiss Chalet, located at 386 Hanson Ranch Road. Upon review of the request, the Planning and Environmental Commission voted unanimously (6-0) to forward a recommendation of approval of the request amend Section 12- 7A-3 of the Town Code of Vail, to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 13, Series of 2003, on second reading. 11. Pam Brandmeyer ITEMlTOPIC: Town Manager's Report {5 min.) 12. Adjournment (9:50 p.m.} NOTE UPCOMING MEETING START TIMES BELOW: {ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, JUNE 17, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING Mf=EYING WILL BEGIN AT 6 P.M. ON TUESDAY, JUNE 17, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please cal! 479- 2332 voice or 479-2356 TDD for information. VAiL TOWN COUNCIL AGENDA EVENING MEETING 6 P.M. TUESDAY, JUNE 17, 2003 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. ITEMfIfOPIC: Citizen Participation (5 min.} 2. Allison Ochs iTEMITOPIC: Second Reading of Ordinance No. 9, Series of 2fl03, an ordinance repeating and re-enacting Ordinance No. 14, Series of 2001, providing for the major amendment of Special Development Distric# No. 36, Four Seasons Resort, and amending the approved development plan for Special Development District No. 36 in accordance with Chapter 12- 9A, Vail Town Code, and setting forth details in regard thereto. (5 min.} ACTION REQUESTED OF COUNCIL: Table Ordinance No. 9, Series of 2003, on second reading to July 15. BACKGROUND RATIONALE: Ordinance No. 9, Series ofi 2003, amends Special Development District No. 36 to allow for the redevelopment of the existing Chateau at Vail and Vail Amoco site. The proposal includes 118 accommodation units, 22 fractional fee club units, 34 Type III Employee Housing Units, 18 condominiums, retail and restaurant uses, conference and meeting rooms, and a spa and health club. On May S the Town Council voted to approve Ordinance No. 9, Series of 2003, on first reading, and se# second reading to occur on June 17. However, at this time the applicant has yet to meet one ofi the conditions regarding the relocation of parking for 9 Vail Road, and has therefore asked for the second reading to be tabled to July 15. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council table Ordinance No. 9, Series of 2003, on second reading to July 15. 3. Allison Ochs ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2003, Rezoning the Vail Amoco Site. (5 min.} An ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 9A, Vail Village 2"~ filing, from the Heavy Service zone district to the Public Accommodation zone district. ACTiQN REQUESTED OF COUNCIL: Table Ordinance No. 10, Series of 2003, on second reading. BACKGROUND RATIONALE: On May 6 the Town Council approved an first reading Ordinance Na. 10, Series of 2003, an ordinance rezoning Lot 9A, Vail Village 2"d Filing from Heavy Service zone distric# to Public Accommodation zone district, in accordance with Section 12-3-7, Vail Town Code. The rezoning is in association with the proposed major amendment to Special Development District No. 36, Four Seasons Resort, as outlined in Ordinance No. 9, Series of 2003. At this time the applicant has yet to meet one of the conditions regarding the relocation of parking for 9 Vai[ Road, and has therefore asked second reading to be tabled to July 15. STAFF RECOMMENDATION: ° The Community Development Department recommends the Town Council table Ordinance No. 10, Series of 2003, an second reading to July 15. 4. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 14, Series of 2003, an Nina Timm ordinance authorizing the creation of Timber Ridge Affordable Housing Corporation and the making of a loan to Timber Ridge Affordable Housing Corporation in connection with the Corporation's acquisition of Timber Ridge apartments and authorizing the execution and delivery of a project agreement concerning such project; ratifying action previously taken and appertaining thereto; repealing ail ordinances in conflict herewith. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2003 on first reading. BACKGROUND RATIONALE: The Vaii Town Council has determined to form the Timber Ridge Affordable Housing Corporation under provisions of the Colorado Nonprofit Corporation Act, Articles 121 through 137 of Title 7, Colorado Revised Statutes, as amended, for the purpose of acquiring, operating, maintaining and developing the Timber Ridge multifamily rental housing project. STAFF RECOMMENDATION: Staff recommends the Town Council table Ordinance No. 14, Series of 2003, on first reading to July i. 5. Bill Gibson ITEMITOPIC: Request to proceed through the development review process with a proposal to construct a portion of a new outdoor dining deck an Town of Vail property. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE: it is the desire of Remonov & Company, owners of the Vista Bahn Building, to construct a new outdoor dining deck at the Tap Room, located at 333 Hanson Ranch RoadlLot C, Black 2, Vail Village 1St Filing, Since Remonov & Company is proposing to construct a portion of the new outdoor dining deck on Town of Vail property located directly south of the Vista Bahn Building property boundary, Town Council permission is required to proceed through the development review process. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council approve this request to proceed through the development review process. Please note that an approval of this request does not constitute approval of the proposed improvements, it only allows the applicant to proceed through the development review process. The Town Council will be informed of the status of the proposal through periodic updates of the DRB and PEC meetings. 6. Angela Muller ITEMITOPIC: Children's Garden of 1"earning Funding Request to Move to Red Sandstone Elementary School (30 min.) 7. Greg Hall ITEM/TOPIC: Holy Cross Energy Easement (1l} min,) Tom Kassmel ACTION REQUESTED OF COUNCIL: Approve Request BACKGROUND RATIONALE: Holy Cross Energy is currently in the design and permitting phase of a large underground power line construction project. The purpose of the project is to provide needed electrical facilities to meet and better serve the increasing power demands of the Town of Vail and the Vail Resort's ski area. In order to complete the project, Holy Cross will need to cross Town of Vail property, thus they will be required to be granted an easement. The Town request permission to proceed with granting Holy Cross the required easements and return to council with an ordinance and documentation to officially document the easements. STAFF RECOMMENDATION: The Public Works Department recommends the Town Council grant Hoiy Cross permission to proceed with preparing easement documents and an ordinance to be approved at a later date. 8. Greg Hall 1TEMITOPIC: Bighorn Flood Remediation (25 min.) Tom Kassmel ACTION REQUESTED OF COUNCIL: Approve Request BACKGROUND RATIONALE: The Town of Vail has developed a set of schematic bid plans and a bid schedule to facilitate the timely reconstruction of the flood impacted roadways. The plans are limited to major road reconstruction work within the Town of Vail right-ofi-way and do not include the extensive work that will be required to repair impacted drainage ways. This additional drainage work is expected to be completed in a timely manner and reimbursed by CDOT. The bid plan and schedule that was developed merely establishes unit prices for major construction items. It does not include items such as re- vegetatian, utility conflicts and other unforeseen construction items. In response to our bid request, the Town has received bids from three contractors. After discussions with each contractor the bids compare as follows: Descrrptron Site Resource B&B Ewinq Upper Columbine $ 51,122.79 $59,021.87 $48,615.50 Lower Columbine $15,388.59 $15,231.01 $12,222.40 Bighorn Rd. $ 8,947.00 $5,94$.13 $4,453.30 Spruce Way $41,392.82 $42,193.05 $38,095.00 Diversion Drainage $4,010.00 $5,782.29 $1,800.00 Total $120,861.20 $128,176.35 $105,18fi.20 Based on the bids received the Town of Vail suggests that a contract be awarded to Ewing Trucking and Construction. The contractor is aware that change orders are inevitable and that additional work will be warranted as site conditions allow. The Town suggests a contingency of at least 35 percent be added to allow for unforeseen conditions and those items not included above. The above costs, including the additional contingency, survey and design costs are anticipated to be reimbursed by CDOT. The Town wil! be meeting with CDOT Friday, June 13 to discuss construction and reimbursement. In addition, after further review and investigation of the existing condition of the roadways in need of repair, we have determined that it may be prudent to expand the scope of work for these roadways and construct additional road and drainage improvements at this time. By completing these additional road improvements the Town will be able to fully reconstruct portions of Spruce Way and Columbine Drive and extend their life span an additional 20 to 30 years. The Town proposes two alterna#ives: Alternative #1 -Minimal Reconstruction Reconstruct only what is necessary to repair the road damage from the flood. This alternative will only mitigate the immediate damage and the roads will still need to be fully reconstructed within the next five to 10 years, at an additional cost #o the Town of approximately $300,000 (cost projected six years out}. Alternative #2 -Full Street Improvement Reconstruct approximately 1,800 linear feet of road, specifically including Spruce Way from Spruce Drive to Bighorn Creek and Columbine Drive from the north end at the tunnel to Bighorn Road. The full reconstruction would include substantial improvements to the existing drainage system and a new pavement structure for the full width of the roadway. This will extend the life of the pavement structure for 30 to 40 years. The following is a breakdown of the estimated costs: Bighorn Flood Remediation Alternatives June ~ ],2003 Alternative No.1-Minimalfleconstruction Road Reconstruction (includes 35% contingency) $ ]47,750.00 Anticipated CDOT Reimbursement 5 ]4].750.00 Town of Vail Cost $ D.DD Alternative No. 2-Fui! Street Improvements Road Reconstruction (includes 35% contingency) $ 14i ,750.00 Pulverize Roadways $ 11,600A4 Additional Asphalt $ ~ 23,474.00 Additional Grading $ 4,000.00 Additional Haul $ 2,040A4 Storm Sewer $ 58,704.00 Manhole $ 3,000.00 Inlet $ 2,500A0 Curb & Gutter $ 14,625.00 Misc. Savings $ (3,600.00) Design, Survey, Testing ~ 15.400,00 Total Cost $ 253, 050.00 Anticipated CDOT Reimbursement $ ]41,750.00 Town of Vail Cost $ ~ i7,3DD.DD It is our recommendation the Town Council approve moving forward with Alternative No.2 and allow us to continue to develop full reconstruction plans for the roadways within the limits described above, and atlow us to further negotiate with the low bidder, Ewing Trucking and Construction, for the additional work and award a contract to Ewing Trucking and Construction for Alternative No. 2 once Tina{ plans and negotiations have been completed. Alternative No. 2 will potentially afford the Town a savings of $200,000 wi#hin six years and limit road construction in that area to this year. We have approximately $50,000 of the above needed amount available from the Capital Street Improvement Budget. This will require $61,300 in a supplemental from the Capital Projects fund balance. STAFF RECOMMENDATION: The Public Works Department recommends approving the above request. 8. Mike McGinnis ITEMITOPIC: first Reading of Ordinance Na. 15, Series of 2003, Private Matt Mire Activity Bonds far Middle Creek (15 min.) ACTION REQUESTED OF COUNCIL: Approve. BACKGROUND RATIONALE: This Ordinance authorizes issuance of Bonds by the Tawn fior Middle Creek Village Apartments project. The Bonds are not a debt or obligation of the Town within the meaning of Tabor or any other state or local law, but are issued under the state statute known as the County and Municipality Revenue Bond Act, which specifically limits the obligations of the Town. Bond proceeds will be loaned to Middle Creek Village, LLC., who is solely responsible to pay for debt service an the Bonds as well as issuance costs. Issuance of this type of bonds is a common form of financing for low-cost #inancing of affordable multifamily housing. STAFF RECOMMENDATION: Approve 9. Matt Mire ITEMlTOPIC: Resolution No. 6, Series of 2003, a resolution declaring a local disaster; and providing other details relating thereto, (15 min.) ACTION REQUESTED OF COUNCIL: Approve. BACKGROUND RATIONALE: On ar about June 1, a flood occurred when a culvert under 1-70 was unable to carry water from Bighorn Creek, creating a 20 foot by 2Q foot sinkhole in the Westbound lanes of the interstate near the East Vail, 1-70- interchange. Said flood resulted in flooding into East Vail neighborhoods damaging both private property and public infrastructure, requiring ongoing emergency action to avert danger and/or damage. The flooding originally occurred an June 1 and has required an ongoing response ever since. Pursuant to Colorado law, the effect of this declaration of disaster shall be to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster emergency plans and #a authorize the furnishing of aid and assistance under such plans. STAFF RECOMMENDATION: Approve 10. Town Manager's Report {5 min.} 11. Adjournment (8:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WkLL BEGIN AT 2 P.M. ON TUESDAY, JULY 1, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JULY 1, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation avaikabie upon request with 24-hour notification. Please calf 479- 2332 voice or 479-2356 TDD #ar information. AGENDA EVENING MEETING 6 P,M, TUESDAY, JULY 1, 2003 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (5 min.) 2. ITEM/TOPIC: Consent Agenda re: June 3 and June 17 Evening Meeting . Agendas (5 min.} 3. Mike McGinness ITEMITOPIC: Tax Exempt Financing Reclamation Act (TEFRA) Hearing Matt Mire to meet the technical requirements of the Internal Revenue Service Code Nina Timm {#5 min.) ACTION REQUESTED OF COUNCIL: Conduct the public hearing to satisfy the Internal Revenue Service code. BACKGROUND RATIONALE: The TEFRA Hearing is an Internal Revenue Service code requirement in order to obtain tax-exempt status for the Private Activity Bonds being issued for Middle Creek Village. The Town of Vail, as conduit issuer, must conduct this public hearing in order to satisfy the Internal Revenue Service requirements. RECOMMENDATION: Conduct the public TEFRA Hearing in order to obtain tax-exempt status for the Private Activity Bonds for Middle Creek Village. 4. Judy Camp ITEMITOPIC: November Election Discussion (3Q min.} Pam Brandmeyer ACTION REQUSTED OF COUNCIL: Provide staff direction on ballot preparation and/or additional fact-finding. BACKGROUND RATIONALE: The Town Council has been evalua#ing a list of possible ballot options for the upcoming November election. During the June work sessions, those options were narrowed to a ballot measure that would seek support for a modest property tax increase to be used to build and equip a new fire station in West Vail and renovate the existing fire station at Main Vail The election timetable requires first reading of a ballot ordinance at the Augus# 5 evening meeting. STAFF RECOMMENDATION: .Staff recommends preparation ofi a ballot measure that covers the cost of constructing, equipping and staf#ing a third fiire station as well as renovation of the Main Vail fire station. 5. Allison Ochs ITEMITOPIC: Appeal of the May 21 Design Review Board decision to deny the proposed awnings at the Ore House, Located at 232 Bridge Street I Lots C and D, Block 5, Vail Village Filing 1. (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or overturn the Design Review Board's decision to deny the proposed awnings at the Ore House. BACKGROUND RATIONALE: The applicant, Larry Anderson, submitted an application to erect clear plastic awnings which roll up into the existing deck awning at the Ore House Bar and Restaurant. The application was in response to an enforcement letter sent by the Community Development Department for erecting the clear plastic awnings without design approval. On May 21, the Design Review Board denied the proposed awnings at the Ore House. The denial was due to a 2:2 tie of the DRB, which according to procedure, constitutes a denial of a proposal. The applicant, Larry Anderson, representing the Ore House, submitted an appeal of the Design Review Board's May 21 decision. Please refer to the staff memorandum for additional information. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council upholds the May 21 Design Review Board. decision to deny the proposed awnings at the Ore House, located at 232 Bridge Street /Lots C and D, Block 5, Vail Village Filing 1. 6. Allison Ochs ITEMIi'OPIC: Appeal of the June 9 Planning and Environmental Commission decision to approve with conditions a request for a variance from Section 12-7A-11, Parking and Loading, Vail Town Code, to allow for parking and loading in the front setback, located at 9 Vail Road 1 Lot C, Vaii Village 2"d Filing. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or overturn the Planning and Environmental Commission's decision to approve with conditions the proposed variance. BACKGROUND RATIONALE: On June 9 the Planning and Environmental Commission voted to approve a variance from Section 12.7A-i 1, Parking and Loading, Vail Town Code, to allow for parking and loading in the front setback, located at Nine Vaii Road condominiums, The applicants, Nine Vail Road Condominium Association and Nicolet island Development, Inc., requested a variance from Section 12-7A-11, which states, in part, "no of grade or above grade surface parking or loading area shall be located in any required fronf setback area." The applicants are proposing four surface parking spaces in the front setback adjacent to West Meadow Drive. The PEC voted 4-2 to approve (Schofield and Bernhardt opposed} the variance request with the condition that only two parking spaces and the minimum area required for aturn-around be located in the front setback, while the remaining two spaces be located within the parking structure of the proposed Four Seasons Resort. Nine Vaii Road Condominium Association has filed an appeal of the PEC's June 9 decision. Please refer to the staff memorandum for additional information. STAFF RECOMMENDATION: The Community Development Department recommends the Vaii Town Council uphold the June 9 Planning and Environmental Commission decision to approve with conditions the request for a variance from Section 12-7A-11, Parking and Loading, Vail Town Cade, to allow for parking and loading in the fronts®tback, iocated at 9 Vail Road /Lot C, Vaii Village 2`~ Filing. 7. Sybill Navas ITEMITOPIC: 2004 Allocation Request for Commission an Special 1=vents (5 min.} 8. Rick Chastain ITEMlTOPIC: 2004 Allocation Request for Pro Cycling Taur (5 min.} 9. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 6, Series of 2003, an ordinance amending Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12- 6D-2, 12-fiD-3, 12-13-4, Vail Town Code, to allow a Type it employee housing unit as a permitted use and tv eliminate a Type II employee housing unit as a conditional use in the Single-Family Residential (SFR), Two-Family Residential (R}, and Two-Family PrimarylSecandary Residential (PS) districts, and setting forth details in regard thereto. (15 min.j ACTION REQUESTED OF COUNCIL: Listen to a staff presentation on the proposed text amendment ordinance and approve, approve with modifications, ar deny Ordinance No. 6, Series of 2003, on first reading. BACKGROUND RATIONALE: The primary purpose for these proposed text amendments is to expedite the development review process for Type II EHU applications in an effort to.make more efficient use of the Planning and Environmental Commission, Tawn Staff and applicants' time and resources. On March 24 the PEC held a public hearing to discuss the proposed text amendments. Following discussion of the amendment, the PEC voted 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council 10. Bill Gibson ITEMlTOPIC: First Reading of Ordinance No. ifi, Series of 2003, an ordinance amending Section 12-13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHtJ requirements, to allow the separate sale or transfer of Type II EHUs, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Listen to a staff presentation on the proposed text amendment ordinance and approve, approve with modifications, or deny Ordinance No. 16, Series of 2003, on first reading. BACKGROUND RATIONALE: On June 9 the Planning and Environmental Commission held a public hearing to discuss the proposed text amendments. Following discussion of the amendment, the PEC voted 6-1 (Kjesbo opposed) to forward a recommendation of approval of the proposed text amendment to the Vail Town Council. 11. Matt Mire ITEMITOPIC: Reading of Ordinance No. 14, Series of 2003, an Nina Timm emergency ordinance authorizing the creation of Timber Ridge Affordable Housing Corporation and the making of a loan to Timber Ridge Affordable Housing Corporation in connection with the Corporation's acquisition of Timber Ridge apartments and authorizing the execution and delivery of a project agreement concerning such project; ratifying action previously taken and appertaining thereto; repealing all ordinances in conflict herewith. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2003. BACKGROUND RATIONALE: The Vail Town Council has determined to form the Timber Ridge Affordable Housing Corporation under provisions of the Colorado Nonprofit Corporation Act, Articles 121 through 137 of Titla 7, Colorado Revised Statutes, as amended, for the purpose of acquiring, operating, maintaining and developing the Timber Ridge multifamily rental housing project. STAFF RECOMMENDATION: Staff recommends the Town Council approve Ordinance No. 14, Series of 2Qa3. 12. Mike McGinnis ITEM/TOPIC: Second Reading of Ordinance No. 15, Series of 2003, .Matt Mire Private Activity Bonds for Middle Creek (15 min.) ACTION REQUESTED OF COUNCIL: Approve. BACKGROUND RATIONALE: This Ordinance authorizes issuance of Bonds by the Town for Middle Creek Village Apartments project. The Bonds are nc~t a debt or obligation of the Town within the meaning of Tabor o- any other state or local law, but are issued under the state statute known as the County and Municipality Revenue Bond Act, which specifically limits the obligations of the Town, Bond proceeds will be loaned to Middle Creek Village, l_LC., who is solely responsible to pay for debt service on the Bonds as well as issuance costs. Issuance of this type of bands is a common farm of financing for low-cost financing of affordable multifamily housing. STAFF RECOMMENDATION: Approve 13. Town Manager's Report (5 min.) 14. Adjournment (9:25 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, JULY 15, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL RI=GULAR EVENING MEETING WILL BI=GIN AT 6 P.M. ON TUESDAY, JULY 15, 2003 IN TOV COUNCIL CHAMBERS Sign language interprets#ion available upon request with 24-hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. AGENDA EVENING MEETING 6 P.M. TUESDAY, JULY 15, 2003 NOTE: Times of Items are approximate, subjec# to change, and canno# be relied upon to determine at what time Council will consider an item. 1. ITEMROPIC: Citizen Participation {5 min.) 2. ITEM/TOPIC: Consent Agenda re: June 3 Mee#ing Minutes {5 min.) 3. Kelli McDonald lTEM/TOPIC: Vail Town Council Sitting as the Vaii Focal Marketing Beth Slifer Board {2 hr,) Bill Siegel Steve Rosenthal Funding Request for ProGycling Tour • Advertising Campaign Results Year-to-Date • Public Rela#ions Update • Web Site Update 4. Pam Brandmeysr ITEMITOPIC: Fire Services Update re: November Ballot, Consolidation, Matt Mire Fire Station Design {30 min.) ACTION REQUESTED OF COUNCIL: Review efforts to improve fire services and direct the town attorney to prepare an ordinance authorizing the placement of a general obligation bond issue on the November election ballot, or to continue pursuit of consolidation agreements with Eagle River Fire and the Eagle Ambulance District, or both. BACKGROUND RATIONALE: Since March, the Town Council has made a series of decisions to improve the delivery of fire services throughout the community. As such, the Council has authorized the design of a fire station to be built on the Hud Wirth site in West Vail in such a way as to accommodate combined emergency services functions. Additionally, Council has expressed interest in asking Vail's electorate to finance the cost to construct and equip a new facility, in addition to a rebuild of the Main Vaii fire station. Staff has prepared a memo outlining those costs and a recommended financing mechanism for the November ballot, as well as an update on consolidation discussions, which could impact the timing of a ballot issue. 5. Greg Hall ITEMITOPIC: Request to Proceed through the Town's Development Review Process far Temporary Use of the Ford Park Softball Fields for Parking During the 03-04 Ski Season {15 min.) ACTION REQUESTED OF COUNCIL: .~ Authorize staff to explore the feasibility of using the fields at Ford Park for temporary ski season parking and to submit an applica#ion to the Planning and Environmental Commission for a Conditional use permit. BACKGROUND RATIONALE: Members of the Vail Parking Task Force met on Juiy 9 and are recommending further exploration of a concept to use the softball fields at Ford Park for overflow parking during ski season. Due #o the significant undertaking involved in exploration and implementation, the Task Force has asked the Town Council for authorization to proceed. 6. George Ruther ITEMIT'OPIC: Request to proceed through fihe development review process with a proposal to construct a bridge across Gore Creek to allow snowcat access to Vaii Mountain from the maintenance facility in Lionshead. (10 min.) ACTION REQUESTED OF COUNCIL; Approve, approve with modifications, or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE; - Upon approval to proceed through the development review process with an application that affects land awned by the Town of Vail, Vail Resorts Development Company {VRDC) will submit a development review application to the Town of Vaii Community Development Department to allow for the issuance of a conditional use permit to construct a bridge across Gore Creek for snowcat access to Vail Mountain from the maintenance facility in 1_ionshaad. The proposed access route would be located across the site of the new wastewater treatment plant (Old Town Shops} to the new bridge aver the creek, connecting to the Westin Ho Trail. The Town of Vail {TQV) is the owner of land affected by the route. As required by the Vail Town Code, in order to proceed through the development review process, the permission of the property owner(s) (TOV} is required. STAFF RECOMMENDATION; The Community Development Department recommends that the Town Council grant an approval for the applicant's request to proceed through the development review process. 7, Bill Gibson ITEM/TOPIC: Second Reading of Ordinance No. 6, Series of 2003, an ordinance amending Sections i2.6B-2, 12-813.3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D- 3, 12-13-4, Vail Town Code, to allow a Type 11 employee housing unit as a permitted use and to eliminate a Type II employee housing unit as a conditiona! use in the Single-Family Residential (SFR}, Two-Family Residential {R), and Two-Family PrlmarylSecondary Residential (PS} districts, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 6, Series of 2003, on second reading. BACKGROUND RATIONALE: On July 2 the Vail Town Council voted 5-2 (Donovan and Jewitt opposed) #o approve Ordinance No. 6, Series of 2003, on first reading without modifications. 8. Allison Ochs ITEMITOPIC: Second Reading of Ordinance No. 9, Series of 2003. An ordinance repealing and re-enacting Ordinance No. 14, Series of 2001, providing for the major amendment of Special Development District No. 36, Four Seasons Resort, and amending the approved development plan for Special Development District No. 36 in accordance with Chapter 12- 9A, Vail Town Cade, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL.: Table Ordinance No. 9, Series of 2003, on second reading, to August 19. BACKGROUND RATIONALE: Ordinance No, 9, Series of 2003, amends Special Development District No. 36 to allow for the redevelopment of the existing Chateau at Vail and Vail Amoco site. The praposai includes 118 accommodation units, 22 fractional fee club units, 34 Type III Employee Housing Units, 18 condominiums, retail and restaurant uses, conference and meeting rooms, and a spa and health club. On May 6, the Town Council voted to approve Ordinance Na. 9, Series of 2003, on first reading, and set.second reading to occur on June 17. At this time, staff is requesting that second reading be tabled to August 19 to allow far additional time to resolve the conditions of first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council table Ordinance No. 9, Series of 200$, on second reading to August 19. 9. Allison Ochs ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2003. An ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 9A, Vail village 2nd filing, from the Heavy Service zone district to the Public Accommodation zone district. (5 min.) ACTION REQUESTED OF COUNCIL: Table Ordinance No. 10, Series of 2003, on second reading. BACKGROUND RATIONALE: On May 6 the Town Council approved on first reading Ordinance No. 10, Series of 2003, an ordinance rezoning Lot 9A, Vail Village 2nd Filing from Heavy Service zone district to Public Accommodation zone district, in .accordance with Section 12-3-7, Vail Town Cade. The rezoning is in association with the proposed major amendment to Special Development District No. 36, Four Seasons Resort, as outlined in Ordinance No, 9, .~ Series of 2003. At this time, staff Is requesting that second reading be tabled to August 19 to allow far additional time to resolve the conditions of first reading. STAFF RECOMMEN©ATlON: The Community Development Department recommends that the Town Council table Ordinance No. 10, Series of 2003, on second reading to August 19. 10. Town Manager's Report (5 min,) 11. Adjournment (9:30 P.M.} NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, AUGUST 5, 2003 IN THE TOV COUNCIh CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT fi P.M. ON TUESDAY, AUGUST 5, 20x3 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479- 2332 voice ar 478-2356 TDD for information. AGENDA EVENING MEETING 6 P.M. TUESDAY, AUG. 5, 2003 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, tTEMITOPIC: Citizen Participation (5 min.) 2. Helen Fritch ITEMITOPIC: 2003 Vail Great Commercial Gardens Contest Winners (5 min.) 3. ITEMITOPIC: Consent Agenda re: July 1 and July 15 Meeting Minu#es (5 min.) ~l, Ludwig Kurz ITEMITOPIC: Fire Services Update (10 min.) Pam Brandmeyer 5. Pam Brandmeyer ITEMITOPIC: Request to Participate in a Joint Study to Explore Consolidated Fire and Emergency Medical Service (EMS). (5 min.) BACKGROUND: The Town of Vail and Eagle River Fire Protection District operate fire services for their constituents. Each fire department also provides first response EMS service in advance of a response from a third taxing district, which provides Advanced Life Support and transport services to the local hospital. These three governments tax and charge separately for their services. There is a growing interest in the community to see services merge and consolidate to achieve greater economies of scale. Therefore, stafF proposes to cast-share a study that would focus on what outcomes, bath pro and con, would result from a merger of fire and EMS systems. The study would identify haw the merged system would function and operate, and identify the cost economies and quality of service. The cost of the study is estimated at $30,000. Other potential partners include Vail Valley Medical Center, Eagle River Fire Protection District, Beaver Creek Metro District, Eagle County Ambulance District and Western Eagle County Ambulance District. ACTION REQUESTED OF COUNCIL: Direct staff to proceed with acost-share contribution not to exceed $10,000 to fund a study to explore consolidated fire and EMS service. 6. Taylor Hawes ITEMlTOPIC: Northwest Colorado Council of Governments (NWCCOG} Discussion re: Governor's Water Initiatives and Other Items (20 min.} BACKGROUND RATIONALE: Taylor Hawes, Co-Director of NWCCOG Committee, will discuss statewide matters related to water such as the Statewide Water Supply Initiative, Referendum A and the Colorado River Return Project ('the Big Straw"). 7. Rebecca Leonard ITEMITOPIC: Eagle County Master Plan Update (15 min.) BACKGROUND RATIONALE: The current Eagle County Master Plan was written and adopted in 1996. Many things have changed since then, including the county staff's ability to do astate-of-the-.art plan for the county. The county has the benefit today of GIS, more up-to-date information for the census and other technological advances that will help in creating a more user friendly document. The county's senior planner, Rebecca Leonard, will go over the process of creating an updated master plan and highlight points in the process for the Town of Vail to participate and provide input. S. Judy Camp ITEMITOPIC: 2002 Audit Report (15 min.) Mike Jenkins 9. Greg Hah ITEMITOPIC: Review of Council Policy I]irection to Vail Parking Task Force re: 2003-04 Ski Season Objectives (30 min.) ACTION REQUESTED OF COUNCIL: Review the parking policy objectives agreed to by the Vail Town Council and reaffirm and or change to provide direction to the Parking Task Force. BACKGROUND RATIONALE: The Council establishes parking policy objectives to provide direction to the Parking Task Force. The following policies have been adopted previously: • Provide Range of Product Types o Value for Skiers o Encourage Shopping and Dining • Charge for Value Provided o Yield Management • Increase Physical Parking Supply o Product Variety o Employee Options • Simplify Management Process o Consistency o Affordability of discounts 10. Greg Hall ITEMITOPIC: Approval of Vail Village Streetscape Two Year Construction Phase and Budget (20 min.} ACTION REQUESTED OF COUNCIL: Approve the two-year project plan, which includes snowmelt a5 outlined in a memo dated July 10, 2003 and recommended by the Vail Village Streetscape design committee. BACKGROUND RATIONALE: Capital budget appropriations are authorized annually each fall. In order to construct the first phase of the improvements next April, work on the final design and coordination with property owners, businesses, and special even# promoters needs to begin by mid-August 2003, Additionally, in order to be cost-effective in both design and construction, it is recommended to complete a two year project plan. The actual construction contract will no# be awarded until early 2004. STAFF RECOMMENDATION: Approve the two-year project plan for Vail Village Streetscape, including funds for snowmelt of public right-af-way as outlined, for 2004 and 2005. Direct staff to include projec# costs in the 2004 and 20D5 annual appropriation ordinances for Councii consideration in 2003 and 2004. Direct staff to enter into the final design contract with the design consultant team, Wenk and Associates. 11. Russell Forrest ITEMITOPIC: Market Analysis and Business Plan Consultant Team Scott Proper Selection for the Vaii Conference Center {30 min.) ACTION REQUESTED OF COUNCIL: Review the recommendation from the Conference Center Advisory Committee and provide direction to staff on whether to enter into contract negotiations with the recommended consulting team. BACKGROUND RATIONALE: The first phase of the Vail Conference Center project is to complete a market analysis and business plan for the facility. An RFP was issued at the Vail Town Council's direction on June 9 to solicit proposals for a market analysis and business plan. The Town received eight proposals, which were reviewed by the advisory committee. After reviewing the proposals, the advisory committee invited the top three consulting firms to Vail for interviews. The three teams included CH Johnson, HVS and EPS. The advisory committee is requesting the Council direct the Town of Vail staff to enter into contract negotiations with HVS. 12. John Gulick ITEMlTOF'IC: Dobson Ice Arena Smoke Management Discussion {5 min.) BACKGROUND RATIONALE: The Town of Vail Fire Marshal's office and Building Department received three RFP's from engineering firms on designing and installing a smoke control sys#em for Dobson Ice Arena as recommended by ARUP. In order to increase the allowable occupancy from 1,000 to 3,000 persons during a special event, a smoke management and make-up air system must be installed. The system activates upon receipt of a smoke or fire alarm, thereby allowing for a safe and orderly evacuation of the premises, Shirmer Engineering Corporation, Rolf Jensen & Associates, Inc. and Beaudin Ganze Consulting Engineers, Inc. have submitted proposals. STAFF RECCOMMENDATION: Staff recommends#ion is to proceed with Beaudin Ganze {BGCE), due to their experience and successful history of working with the Town of Vail and Vail Recreation District (VRD}. BGCE has a fee of $15,573 and Shirmer Engineering was $16,920. Beaudin Ganze provided electrical engineering services for Dobson Arena when VRD improved the building's emergency generator. The consulting firm also assisted in analyzing the snowmelt system adjacent to Dobson Arena in 1996. Staff also recommends inviting the VRD to share the expenses of the smoke management improvements 13. Matt Mire ITEMlTOPIC: First Reading of Ordinance No, 17, Series of 2003, an Ordinance Authorizing the Conveyance of Fee Title to Two Parcels of Real Property in the Town of Vail and Setting Forth Details in Regard Thereto. {15 min.) ACTION REQUESTED OF COUNCIL: ApprovelApprove with modifications. BACKGROUND RATIONALE: These are two small parcels that were not conveyed with the Old Town Shop parcel and are contiguous to that land. They are required for the ERWSD to expand their operation. STAFF RECOMMENDATION: Approve 14. John Power ITEMITOPIC: Resolution No. 7, Series of 2003, Approving Bylaws and an Intergovernmental Agreement with Colorado Intergovernmental Risk Sharing Agency {5 min.) 15. George Ruther ITEMITOPIC: Resolution No. 8, Series of 2003, a resolution amending Section 8.4.2.3, Building Height, Linnshead Redevelopment Master Plan, to further clarify the calculation of the maximum average building height of buildings constructed in the Lionshead Mixed Use -1 and 2 zone districts, and first reading of Ordinance No. 18, Series of 2003, an ordinance amending Section 12-2-2, Definitions, Title 12, Zoning Title, Town Cade of Vail, to define terms used in the determination of building height in the Town of Vail, and setting forth details in regard thereto. {20 min,) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 8, Series of 2003, and Ordinance No. 18, Series of 2003, on first reading, BACKGROUND RATIONALE: The Department of Community Development requested that the Planning and Environmental Commission review an administrative interpretation of the maximum height calculation for structures constructed in the Lionshead Mixed Use zone districts. Staffs request was in response to recent discussions regarding the calculation of the average maximum height from which staff has concluded that further clarification is necessary to ensure that the intent of the regulation has been met. Specifically, staff recognized that there are multiple methods of measuring average maximum height and numerous questions about haw to implement the height calculation. Outlined in Section V of the Planning and Environmental Commission memorandum, dated Jan. 13, is the preferred and recommended method of calculation. This request was brought to the Planning and Environmental Commission for review and consideration, pursuant to Section 12-3-3, Vail Town Code. On Jan. 13, following three work session meetings with the Commission on this topic, the Commission voted unanimously to forward a recommendation of approval of the proposed amendment to the Lionshead Redevelopment Master Plan and the Zoning Regulations of the Vail Town Code to the Vail Town Council. A copy of the Planning and Environmental Commission memorandum, dated Jan. 13, has been attached for reference. STAFF RECOMMENDATION; The Community Development Department recommends that the Vai! Town Council approves Ordinance No. 1$, Series of 2003, on first reading and Resolution No. 8, Series of 2003. 16. Town Manager's Report (5 min.} 17. Adjournment (9:30 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, AUGUST 19, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, AUGUST 19, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notifica#ion. Please call 479- 2332 voice or 479-2356 TDD for information. AGENDA EVENING MEETING 6 P.M. TUESDAY, AUG. 19, 2003 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. iTEMITOPIC: Citizen Participation (5 min.} 2. John Power ITEMITOPIC: Introduction of New Town of Vail Manager (10 min.} 3. Cell Folz ITI~MITOPIC: Vail Valley Foundation Funding Request for 2009 World Alpine Ski Championships {20 min.} 4. Judy Camp ITEMITOPIC: Review of Contribution Requests {30 min.) 5. Russell Forrest ITEMITOPIC: Housing Enforcement Discussion (3D min.) Nina Timm ACTION REQUESTED OF COUNCIL: Provide staff with direction regarding deed restrictions and enforcement of employee housing units. BACKGROUND RATIONALE: The Town Council has requested an update regarding the types and number of employee housing units within the Town of Vail. There ,are three major types of deed restrictions each with different requirements and enforcement capabilities. The Vai! Local Housing Authority also is providing input regarding future deed restrictions, incentives and enforcement of employee housing units. STAFF RECOMMENDATION: None at this time. 6. Allison Ochs ITEMITOPIC: Second Reading of Ordinance No. 9, Series of 2003. An ordinance repealing and re-enacting Ordinance No. 14, Series of 2001, providing for the major amendment of Special Development District No. 36, Four Seasons Resort, and amending the approved development plan for Special Development District No. 36 in accordance with Chapter 12- 9A, Vail Town Cade, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table second reading of Ordinance No. 9, Series of 2003, to September 16. BACKGROUND RATIONALE: Ordinance No. 9, Series of 2003, amends Special Development District No. 36 to allow for the redevelopment of the existing Chateau at Vail and Vail Amoco site. The proposal includes 118 accommodation units, 22 fractional fee club units, 34 Type III Employee Housing Units, 18 condominiums, retail and restaurant uses, conference and meeting rooms, and a spa and health club. On May 6, the Town Council voted to approve Ordinance No. 9, Series of 20D3, an first reading, and set second reading to occur on June 17. At this time, staff is requesting that second reading be tabled to September 16 to allow for additional time to resolve the conditions of first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council table Ordinance No. 9, Series of 2003, on second reading to September 16. 7. Allison Ochs ITEMITOPIC: Second Reading of Ordinance No. 10, Series of 2003. An ordinance amending the official zoning map for the Town of Vaii in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 9A, Vail Village 2nd filing, from the Heavy Service zone district to the Public Accommodation zone district. (5 min.) ACTION REQUESTED OF COUNCIL: Table second reading of Ordinance No. 10, Series of 2003, to September 16. BACKGROUND RATIONALE: On May 6 the Town Council approved on first reading Ordinance No. 10, Series of 2003, an ordinance rezoning Lot 9A, Vail Village 2nd Filing from Heavy Service zone district to Public Accommodation zone district, in accordance with Section 12-3-7, Vaii Town Code. The rezoning is in association wi#h the proposed major amendment to Special Development District No. 36, Faur Seasons Resort, as outlined in Ordinance No, 9, Series of 2003. At this time, staff is requesting that second reading be tabled to September 16 to allow for additional #ime to resolve the conditions of first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council table Ordinance No. 1D, Series of 2DD3, on second reading to September 16. 8. Matt Mire ITEMITOPIC: Second Reading of Ordinance No. 17, Series of 2003, an Ordinance Authorizing the Conveyance of Fee Title to Two Parcels of Real Property in the Town of Vail and Setting Forth Details in Regard Thereto. (8 min.) ACTION REQUESTED OF COUNCIL: ApprovelApprove with modifications. BACKGROUND RATIONALE: These are two small parcels that were not conveyed with the Old Town Shop parcel and are contiguous to that land. They are required for the ERWSD to expand their operation. STAFF RECOMMENDATION: Approve 9. George Ruther ITEMITOPIC: Second reading of Ordinance No. 18, Series of 2003, an ordinance amending Section 12-2-2, Definitions, Title 12, Zoning Title, Town Code of Vail, to define terms used in the determination of building height in the Town of Vail, and setting forth details in regard thereto. (5 min.} ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 18, Series of 2003, on second reading. BACKGROUND RATIONALE: The Department of Community Development requested that the Planning and Environmental Commission review an administrative interpretation of the maximum height calculation for structures constructed in the Lianshead Mixed Use zone districts. Staffs request was in response to recent discussions regarding the calculation of the average maximum height from which staff has concluded that further clarification is necessary to ensure that the intent of the regulation has been met. Specifically, staff recognized that there are multiple methods of measuring average maximum height and numerous questions about how to implement the height calculation. Outlined in Section V of the Planning and Environmental Commission memorandum, dated Jan. 13, is the preferred and recommended method of calculation. This request was brought to the Planning and Environmental Commission far review and consideration, pursuant to Section 12-3-3, Vail Town Code. On Jan. 13, following three work session meetings with the Commission on this topic, the Commission voted unanimously to forward a recommendation of approval of the proposed amendment to the Lionshead Redevelopment Master Plan and the Zoning Regulations of the Vail Town Code to the Vail Town Council. A copy of the Planning and Environmental Commission memorandum, dated Jan. 13, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 18, Series of 2003, on second reading. 10. Pam Brandmeyer ITEMITOPIC: Discussion to Participate In Joint Study to Explore Consolidated Fire and Emergency Medical Service {5} min. ACTION REQUEST OF COUNCIL: Direct Interim Town Manager to decline participation at this time. BACKGROUND RATIONALE: On Aug. 5, the Town Council voted 5-0 #o table a request to participate in a joint study to explore consolidated fire and Emergency Medical Service. The action was tabled due to concerns about the timing of such a study, possible duplication and citizen confusion, given Council's current direction to pursue consolidation with the Eagle River Fire Protection District. The staff recommendation is to decline participation at this time. 11. Town Manager's Report (5 min.) 12. Adjournment (8:05 P.M.} NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUB,3ECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, SEPTEMBER 2, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAkL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, SEPTEMBER 2, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour natificatian. Please call 479- 2332 voice or 479-2356 TDD for information. AGENDA EVENING MEETING 6 P.M. TUI=SDAY, SEPT. 2, 2003 NOTE: Times of i#ems are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEMITOPIC: Citizen Participation (5 min,} 2. Jack Taylor tTEMITOPIC: Legislative Update (15 min.) 3. Matt Mire ITEMITOPIC: Resolution No. 9, Series 2003, a Resolution Opposing Referendum "A" on the 2003 Colorado Election Ballot and Providing Other Details Relating Thereto {5 min.} ACTION REQUESTED OF COUNCIL: Approve, deny or approve with amendments, Resolution 9, Series of 2003. BACKGROUND RATIONALE: At the August 19 Town Council meeting the Council requested the Town Attorney prepare a resolution formally opposing Referendum "A" on the 2003 Colorado election ballot. 4. Greg Hal! ITEMITOPIC: 2003-04 Parking Program Recommendations by the Vail Parking Task Force {30 min.) 5. Frank Johnson ITEMITOPIC: ProCycling Tour 2004 Funding Request {30 min.} 6, Judy Camp ITEMITOPIC: Contribution Requests Funding Decision for 2004 (10 min.} 7. Warren Campbell ITEMITOPIC: An appeal of the Design Review Board decision denying DRB03-0277, a staff approval to replace the existing awnings on the Vail Das Schone Building, located at 2121 North Frontage Road West/Vail Das Schone Filing 3 (20 min.} ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, overturn or modify the Design Review Board's denial requiring the applicant to replace the existing awning with a solid color or stripped awning other than the current pattern and color scheme at the Vail Das Schone Building. BACKGROUND RATIONALE: On July 22 staff approved an application, DRB 03-0277, from the Vail Das Schone Condominium Association, represented by Scott Wirth, to replace a portion of their existing awnings with identical "same-for-same" awnings. On Aug. 6 the Design Review Board, at their regularly scheduled meeting called up staff's approval of the awning replacement and unanimously denied DRB 03-0277. The Design Review Board stated that they felt the existing stripped awning was no longer appropriate and detracted from the building. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council overturn the Aug. 6 Design Review Board decision to deny the identical "same-for-same" replacement of the existing stripped awning on the Vail Das Schone Building, located at 2191 North Frontage Road WestlLnt A, Block 5B, Vail Village 1st Fiiing. 8. George Ruther ITEMITOPIC: An appeal of the Design Review Board decision denying DRB03-0256, a request to replace a black rubber membrane roof with a new white painted rubber membrane roof at the Eiger Chalets, Unit 7, located at 9350 Sandstone Drive ILot G3, Eiger Chalets. (25 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or overturn the Design Review Board's decision. BACKGROUND RATIONALE: On July 16, the appellant appeared before the Town of Vail Design Review Board with an application to replace a black rubber membrane roof with a new white painted rubber membrane roof at the Eiger Chalets. Following a site visit to the property and discussion of the request at the public hearing, the Design Review Board denied the applicant's request, and since the work had already been completed, required that the appellant apply a washed stone ballast atop the rubber roof membrane to match the exterior roof material of the new roof to several of the other roofs on the Eiger Chalet Townhomes. Since the denial of the reques# by the Design Review Board, the appellant has painted a portion of the rubber membrane roof grey in an attempt to come into compliance with the intent of the design guidelines. STAFF RECOMMENDATION: Community Development Department recommends that the Town Council upholds the Design Review Board decision denying a request to replace a black rubber membrane roof with a new white painted rubber membrane roof at the Eiger Chalets, Unit 7, located at 9350 Sandstone Drive ILot G3, Eiger Chalets, and requires that the property owner complies with the Design Review Board's requirements. 9. Matt Gennett ITEMITOPIC: First Reading of Ordinance No. 19, Series of 2003, an ordinance repealing and reenacting Title 91, Sign Regulations, Vail Town Code, to achieve the four goals set forth by the community as follows: • Develop a clear purpose statement for the sign code (complete). • Develop a new sign code, complete with graphics, for the Town of Vail that contributes to the Town's vision statement of being the "Premier Resort Community." Signage and display elements should add something to the Vail experience...not detract from it. • Make the code easier to understand and implement. • Make the code easier to enforce by the Town. {30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 19, Series of 2003, on first reading. BACKGROUND RATIONALE: On Apri! 28, 2003, the Planning and E=nvironmental Commission voted 5-0 to recommend approval to the Vail Town Council the proposed modifications to Title 11, Sign Regulations, as it was determined that the objectives set forth by the community, town officials and staff had been accomplished in the proposed new draft. A copy of staff's memorandum to the PEC is attached for reference. 10. Matt Gennett ITEMITOPIC: First Reading of Ordinance No. 20, Series of 2003, an ordinance amending Sections 12-61-9B., Housing (H} District, Location of Business Activity, Outdoor Displays; 12-7B-186., Commercial Core 1 (CC1 } District, Location of Business Activity, Outdoor Displays; 12-7C- 14B., Commercial Core 2 {CC2) District, Location of Business Activity, Outdoor Displays; 12-7D-11 B., Commercial Core 3 (CC3) District, Location of Business Activity, Outdoor Displays; 12-7E-13B., Commercial Service Center {CSC) District, Location of Business Activity, Outdoor Displays; 12-7H-17B., Lionshead Mixed Use 1 (LMU-1) District, Location of Business Activity, Outdoor Displays and; 12-71-17B., Lionshead Mixed Use 2 {LMU-2} District, Location of Business Activity, Outdoor Displays, Vail Town Code to regulate the outdoor display of merchandise in the Town of Vail to an eight month period of April 1 to December 1, annually, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 20, Series of 2003, on first reading. BACKGROUND RATIONALE: The Community Development Deparkment has conducted numerous meetings with the merchant community, the majority of which support the proposed text amendment. The Planning and Environmental Commission {PEC} held a public meeting on this request August 11, 2003, at which the PEC forwarded a recommendation of denial to the Town Council as they determined that outdoor displays are not an aesthetic issue far the town. A copy of staff's memorandum to the PEC is attached for reference. 11. George Ruther ITEMITOPIC: First Reading of Ordinance Na. 21, Series of 2003, an ordinance amending the Official Town of Vail Zoning Map to rezone Lots 1 & 2, Mill Creek Subdivision from Natural Area Preservation (NAP) District to Ski Base Recreation 2 (SBR-2) District and Lots P3 & J, Block 5A, Vaii Village 5t~ Filing from Public Accommodation (PA) District #o Parking {P) District, and setting forth details in regard thereto. (30 min.} ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2oa3. BACKGROUND RATIONALE: On Aug. 11 the Town of Vail Planning and Environmental Commission held a public hearing on the request to rezone Lots 1 & 2 Mill Creek Subdivision and Lots P3 & J, Block 5A, Vail Village 5`~' Filing to Ski Base Recreation District and Parking District, respectively. Upon review of the requests, the Planning and Environmental Commission voted 4-0 to forward a recommendation of approval of the rezoning requests to the Vail Tawn Council. A copy of the staff memorandum to the Planning and Environmental Commission dated August 11, 2003, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 21, Series of 2003, on first reading. 12. Greg Hall ITEMlTOPIC: I-70 Programmatic Environmental Impact Study (PSIS) Preferred Alternatives (1 hr.) 13. Pam Brandmeyer ITEMITOPIC: Town Manager's Report, re: New Year's Eve Celebration Bill Dewitt for Youth (10 min.) BACKGROUND RATIONALE: A $4,800 funding application was presented to the Vail Commission an Special Events {CSE) at its Aug. 26 meeting. The application was submitted jointly by the Vail Recreation District, the Vail Police Department and the Vail Community Information Office to resurrect a drug and alcohol free New Year's Eve celebration for teens. Noting the town's previous involvement in alternative entertainment options on New Year's Eve, CSE members were hesitant to take action on the request without additional clarification from the Town Council. STAFF RECOMMENDATION: Direct the Vaii Commission an Special Events #o evaluate and take action on the $4,800 funding application at its earliest convenience. 14. Adjournment (10:40 P.M.} NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, SEPTEMBER 16, 2003 IN THE TOV COUNCIL CHAMBERS. • THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, SEPTEMBER 16; 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. AGENDA EVENING MEETING 6 P.M. TUESDAY, SEPT. 16, 2043 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. ITEMITOPIC: Citizen Participation (5 min.) 2. ITEMITOPIC: Approval of the Aug. 5 and Aug. 19 Evening Minutes (5 min.) 3. George Ruther ITEMITOPIC: Appointment to Fill Vacancy on the Design Review Board (5 min.) 4. John Gulick ITEMITOPIC: Update an U.S. Forest Service Fuel Mitigation Efforts Phii Bowden (10 min.) BACKGROUND RATIONALE: Phil Bowden, Fire Management Officer for the U.S. Forest Service, is requesting the Vail Town Council provide permission to burn piles of logs (this fall} on Town of Vail owned property known as unit #6 of the Booth Creek Proposed controlled burn area. Unit #6 is located behind the Falls Condominiums in East Vail. There are approximately 36 acres of town- owned property within the USFS boundary designs#ed as part of the unit #6. Multiple agencies have worked throughout the summer cutting and stacking fogs #o be burned when weather conditions become favorable in this area. Over the past three years, Bowden has updated Council on details of the project, however, the windows of opportunity to utilize live fire were delayed during last summer's drought. ACTION REQUESTED OF COUNCIL: Provide written permission far the USFS to burn piles of lags on town- owned land in the unit #6 area of the Booth Creek controlled burn area. 5. Kelli McDonald ITEMITOPIC: Approval of Off-Season Hours for Vail Visitor Centers and Funding Request for Off-Season Signs and Information Signs for Visitor Centers {5 min.} fi. Greg Hall ITEMlTOPIC: I-70 Noise Discussion (1 hr.) Steve Wright 7. Pam Brandmeyer ITEMCTOPIC: Request for Funding for Set-Up and Take-Down of the Vail Kirk Hansen Ice Dome for the 2003-04 Winter Season and Discussion of Interest by Vail Junior Hockey Association and Western Eagle County Metropolitan Recreation Dis#rict andlor Bogle County to Purchase Bubble and Relocate to a Temporary Site at Miller Ranch {20 min.) 8. Judy Camp ITEMITOPIC: First Reading of Ordinance No. 24, Series of 2003, 2004 Budget (20 min.) 9. ,lady Camp IT~MITOPIC: First Reading of Ordinance No. 23, Series of 2003, Supplemental Appropriation for the 2003 Budget (20 min.) 10. Russell Forrest ITEMITOPIC: First Reading of Ordinance No. 22, Series of 2003, Vail Memorial Park rezoning re: amending the official zoning snap of the Town of Vail for Lot 1, Katsos Ranch Minor Subdivision A part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian from natural area preservation District to the Outdoor Recreation District. (30 min.} ACTION REQUESTED OF COUNCIL: Review, Approve or Deny First Reading of Ordinance 22, Series of 2003. BACKGROUND RATIONALE: The Vail Town Council reviewed the proposed design for the Vail Memorial Park June 3 and voted to allow the Vail Memorial Park Foundation to apply for this use on town-owned land. On August 20 the Design Review Board reviewed the project and voted 3-0 to direct staff to "staff' approve the project after all applicable Planning and Environmental Commission approvals have occurred. On September $ the Planning and Environmental Commission voted to approve the minor subdivision and conditional use permit for the memorial park. They also voted to recommend to the Town Council that they approve the proposed rezahing of the Park to Outdoor Recreation District. STAFF RECOMMENDATION: Staff is recommending that the Town Council approve Ordinance 22, Series of 2003, subject to the criteria and findings in section IX of the attached staff memorandum. 11. Matt Gennett ITEMITOPIC: First Reading of Ordinance No. 20, Series of 2003, an ordinance amending Sections 12-61-9B., Housing (H} District, Location of Business Activity, Outdoor Displays; 12-7B-18B., Commercial Gore 1 {CC1) District, Location of Business Activity, Outdoor Displays; 12-7C- 14B., Commercial Core 2 (CC2) District, Location of Business Activity, Outdoor Displays; 12-7D-11 B., Commercial Core 3 (CC3} District, Location of Business Activity, Outdoor Displays, 12-7E-13B., Commercial Service Center {CSC} District, Location of Business Activity, Outdoor Displays; 12-7H-17B., Lionshead Mixed Use 1 {LMU-1) District, Location of Business Activity, Outdoor Displays; 12-71-17B., Lionshead Mixed Use 2 (LMU-2) District, Location of Business Activity, Outdoor Displays; and 12-8E-5B, Ski Base Recreation-2 (SBR-2}, Location of Business Activity, Outdoor Displays Vail Town Cade to regulate the outdoor display of merchandise, within all zone districts listed above except Core 3 (CC3) and Commercial Service Center {CSC), to an eight month period of April 1 to December 1, annually, and setting forth details for all aforementioned zone districts in regard thereto. (2Q min.) ACTION REQUESTED OF COUNCIL: ~ .1 Approve, approve with condi#ions, or deny Ordinance No. 20, Series of 2003, on first reading. BACKGROUND RATIONALE: The Community Development Department has conducted numerous meetings with the merchant community, and received supportive input. The Planning and Environmental Commission (PEC) held a public meeting on this request August 11, 2003, at which the PEC forwarded a recommendation of denial to the Town Council as they decided outdoor displays are not a visual issue. A firs# reading of this ordinance went before Council September 2, 2003, where it was tabled in order for staff to provide more clarity regarding the distinction in language between the separate groups of zone districts potentially affected by this zone district. A copy of staff's memo (8111103) to the PEC has been attached for reference. 12. Russell Forrest ITEMITOPIC: Second Reading of Ordinance No. 9, Series of 2003. An ordinance repealing and re-enacting Ordinance No. 14, Series of 2001, providing for the major amendment of Special Development District No. 36, Four Seasons Resort, and amending the approved development plan for Special Development District No. 36 in accordance with Chapter 12- 9A, Vail Town Code, and setting forth details in regard thereto. (40 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 9, Series of 2003, on second reading. BACKGROUND RATIONALE: Ordinance No, 9, Series of 2003, amends Special Development District No. 36 to allow for the redevelopment of the existing Chateau at Vail and Vail Amnca site. The proposal includes 118 accommodation units, 22 frac#ional fee club units, 34 Type Ill Employee Housing Units, 18 condominiums, retail and restaurant uses, conference and meeting roams, and a spa and health club. On May 6, 2003, the Town Council voted to approve Ordinance No. 9, Series of 2003, on first reading. Second reading has been table numerous times to allow the applicant and staff to meet the required conditions of first reading of Ordinance No. 9, Series of 2003. The modifications to Ordinance No. 9, Series of 2003, are outlined in the staff memorandum. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 9, Series of 2003, on second reading. 13. Russell Forrest ITEMITOPIC: Second Reading of Ordinance No. 10, Series of 2003. An ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning 1^ot 9A, Vail village 2nd filing, from the Heavy Service zone district to the Public Accommodation zone dis#ric#. (5 min.} ACTION REQUESTED Of COUNCIL: Approve Ordinance No. 10, Series of 2003, on second reading. ,- BACKGROUND RATIONALE: On May 6 the Town Counci! approved on first reading Ordinance No. 10, Series of 2003, an ordinance rezoning Lot 9A, Vail Village 2nd Filing from Heavy Service zone district to Public Accommodation zone district, in accordance with Section 12-3-7, Vail Town Code. The rezoning is in association with the proposed major amendment to Special Development District No. 36, Four Seasons Resort, as outlined in Ordinance No, 9, Series of 2003. Ordinance Na. 10, Series of 2003, has been tabled numerous times to allow the applicant and staff to meet the conditions of Ordinance No. 9, Series of 2003. The modifications to Ordinance No. 10, Series of 2003, are outlined in the staff memorandum. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 10, Series of 2003, on second reading. 14. George Ruther ITEMITOPIC: Second Reading of Ordinance No, 21, Series of 2003, an ordinance amending the Official Town of Vail Zoning, Map to rezone Lots 1 & 2, Mill Creek Subdivision from Natural Area Preservation (NAP) District to Ski Base Recreation 2 (SBR-2) District and Lots P3 & J, Block 5A, Vail Village Stn Filing from Public Accommodation (PA) District to Parking (P) District, and setting forth details in regard thereto. {10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2003. BACKGROUND RATIONALE: On Aug. 11 the Town of Vail Planning and Environmental Commission held a public hearing an the reques# #o rezone Lots 1 & 2 Mill Creek Subdivision and Lots P3 & J, Block 5A, Vail Village 5th Filing to Ski Base Recreation District and Parking District, respectively. Upon review of the requests, the Planning and Environmental Commission voted 4-0 to forward a recommendation of approval of the rezoning requests to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission dated August 11, 2003, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Counci! approves Ordinance No. 21, Series of 2003, on second reading. 15. Kirk Hansen ITEMITOPIC: Town Manager's Report (10 min.) • Approval to purchase seven Ford Explorers to replace Saab leased patrol cars for $167,000. 16. Adjournment (10:25 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, OCTOBER 7, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, OCTOBER 7, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please calk 479- 2332 voice or 479-2356 TDD for information. AGENDA EVENING MEETING 6 P.M. TUESDAY, OCT. 7', 2003 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEMITOPIC: Citizen Participation (5 rnin.) 2. Lorelei Donaldson ITEMITOPIC: Appointment of Nov. 4, 2003 Election Judges (5 min.) 3. Rod Slifer ITEMITOPIC: Conference Center Oversight Committee Update (5 min.) Russell Forrest 4. Matt Mire ITEMITOPIC: Resolution No. 10, Series 2003, an Intergovernmental Agreement with Eagle County Animal Control for 2003 Animal Control Services (5 min.) ACTION REQUESTED OF COUNCIL: Approve for Town Manager to sign, BACKGROUND RATIONALE: This is the annual contract with Eagle County and there are no changes in the agreement from 2003. 5. Warren Campbei[ ITEMITOPIC: A proposal by Sonnenalp Properties.for the adoption of an Dominic Mauriello Encroachment Easement to allow the Sonnenalp Hotel building to encroach onto Town of Vail owned Tract I, Vail Village First Filing. The Sonnenalp Ho#el is located at 20 Vail Road/parts of Lots Land K, Block 5E Vail Village First Filing. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifiications or deny the applicant's request for an Encroachment Easement. BACKGROUND RATIONALE: In 1992, the Sonnenalp Resort (then the Sonnenalp Bavaria Haus} was approved for redevelopment. The Improvement Location Certificate (ILC) used to verify building locations showed the project as completely within the boundaries of the property. Subsequent to the ILC it was discovered that there is a three-foot error in the original plat far Vai! Village 1st Filing. The iLC was based upon this original survey monumentation, and thus did not correct this three-foot error. The encroachments include two portions of the Sonnenalp Resort building, a small retaining wall and a small portion of a hot tub for a total area of 57 sq. ft. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council review the proposed Encroachment Agreement and approve the easement, located at 24 Vaif Roadlparts of Lots L and K, Bloci< 5E, Vail Village 1st Filing. 6. Warren Campbell ITEMITOPIC: Request to proceed through the development review Michael Black process with a proposal to perform several landscaping projects in the Town of Vaii right-of-way in Lianshead. (5 min.) ACTION REQUESTED OF COUNCIL.: Approve, approve with modifications or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of Robert Lazier, owner of the Lazier Arcade and commercial spaces in the Lifthouse Lodge, to apply for several landscaping changes within the Town of Vaii right-of-way in Lionshead Village. Since Mr. Lazier is proposing to construct and alter landscaping elements on Town of Vail property, Town Council permission is required to proceed through the development review process. If Council grants permission to proceed through the process the applicant will need to proceed forward with their Design Review Board application. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council give Mr. Lazier and his representative, Michael Black, further direction on this matter to proceed through the design review process. 7. Matt Gennett ITEMlTOPIC: A request by the Village Center Condominium Homeowner's Association to heat a portion of sidewalk that encroaches off their southerly property boundary onto the Town of Veil's "Stream Tract" property. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny the applicant's request. BACKGROUND RATIONALE: The Town of Vail and the Village Center Association have entered into an encroachmen# agreement which permits the improvements presen#ly situated on Town of Vail property to be properly "repaired and maintained." Reduced site plans depicting the encroaching improvements and a copy of the signed encroachment agreement have been attached for reference. 8. Matt Gennett ITEMROPIC: A request by Winterstorm, LLC, represented by NEDB~ Construction, to improve a portion of Town of Vai! land located adjacent to Lot 16B, Vaii Valley 3rd Filing- (2439 Sunburst Drive). The applicant wishes to build a set of stone steps across a strip of Town land situated between the golf course and bike path (see attached site plan and photos). (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny the applicant's request. BACKGROUND RATIONALE: The applicant wishes to build a walkway similar to the one depicted in the attached photo of the neighbor's property, which is likewise located on Town of Vail land. A site plan and photographs are attached for reference. 9. Matt Gennett ITEMlTOPIC: f=irst reading of Ordinance No. 19, Series of 2003, an ordinance repealing and reenacting Title 11, Sign Regulations, Vail Town Code, to accomplish longstanding goals and objectives set forth by the Town, with input from the public, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 19, Series of 2003, on first reading. BACKGROUND RATIONALE: On April 28 the Planning and Environmental Commission voted 5-0 to recommend approval to the Vail Town Council the proposed modifications to Title 11, Sign Regulations. The PEC determined the objectives set forth by the community, town officials and staff had been accomplished in the proposed new draft. The Town Council discussed the new draft of Title 11 at its regularly scheduled meetings held on Sep. 2 and Sept. 16. A copy of staff's last memorandum to the PEC is attached for reference, as are other supplemental materials, including the latest draft of the proposed Title 11, intended to clarify the differences between today's sign regulations, and the various alternatives that have been explored thus far. 10. Bill Gibson 1TEMITOPIC: Second Reading of Ordinance No, 6, Series of 2003, an ordinance amending Sections 12-68-2, 12-6B-3, 12-6C-2, 12-6C-3, 12- 6D-2, 12-6D-3, 12-13-4, Vail Town Code, to allow a Type II employee housing unit as a permitted use and to eliminate a Type !f employee housing unit as a conditional use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS} districts, and setting forth details in regard there#o. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 6, Series of 2003, on second reading. BACKGROUND RATIONALE: On July 2 the Vail Town Council vo#ed 5-2 (Donovan and Jewitt opposed) to approve Ordinance No. 6, Series of 2003, on first reading without modifications. On July 15 the Vail Town Council tabled the second reading of Ordinance No. 8, Series of 2003, to allow staff to further examine the Town's enforcement policies related to employee housing uni# deed restrictions. 11. Russell Forrest ITEMITOPIC: Second Reading of Ordinance No. 9, Series of 2003. An ordinance repealing and re-enacting Ordinance No. 14, Series of 2001, providing for the major amendment of Specia! Development District No. 36, Four Seasons Resort, and amending the approved development plan for Special Development District No. 3fi in accordance with Chapter 12- 9A, Vail Town Code, and setting forth details in regard thereto. {20 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 9, Series of 2003, on second reading. BACKGROUND RATIONALE: Ordinance No. 9, Series ofi 2003, amends Special Development District No. 36 to allow for the redevelopment of the existing Chateau at Vail and Vail Amoco site. The proposal includes 118 accommodation units, 22 fractional fee club units, 3~4 Type III Employee Housing Units, 18 condominiums, retail and restaurant uses, conference and meeting rooms, and a spa and health club. On May 6 the Town Council voted to approve Ordinance Na. 9, Series of 2003, on first reading. Second reading has been table numerous times to allow the applicant and staff to meet the required conditions of first reading of Ordinance No. 9, Series of 2003. The modifications to Ordinance No. 9, Series of 2003, are outlined in the staff memorandum. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 9, Series of 2003, on second reading. 12. Russell Forrest ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2003. An ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 9A, Vail Village 2nd Filing, from the Heavy Service zone district to the Public Accommodation zone district. (5 min.) ACTION REQUESTED OF COUNCIL; Approve Ordinance No. 10, Series of 2003, on second reading, BACKGROUND RATIONALE: On May 6 the Town Council approved on first reading Ordinance No. 10, Series of 2003, an ordinance rezoning Lot 9A, Vaii Village 2nd Filing from Heavy Service zone district to Public Accommodation zone district, in accordance with Section 12-3-7, Vail Town Coda. The rezoning is in association with the proposed major amendment to Special Development District No. 36, Four Seasons Resort, as outlined In Ordinance No, 9, Series of 2003. Ordinance No. 10, Series of 2003, has been tabled numerous times to allow the applicant and staff to meet the conditions of Ordinance No. 9, Series of 2003. The modifications to Ordinance No. 10, Series of 2003, are outlined in the staff memorandum. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance Na. 10, Series of 2003, on second reading. 13. Matt Gennett ITEM/TOPIC: Second Reading of Ordinance No. 20, Series of 2003, an ordinance amending Sections 12-61-9B., Housing (H) District, Lacatian of Business Activity, Outdoor Displays; 12-7B-18B., Commercial Care 1 (CC1 }District, Location of Business Activity, Outdoor Displays; 12-7C- 14B., Commercial Core 2 (CC2} District, Lacatian of Business Activity, Outdoor Displays; 12-7D-11 B., Commercial Core 3 (CC3} District, Location of Business Activity, Outdoor Displays; 12-7E-136., Commercial Service Center (CSC} District, Location of Business Activity, Outdoor Displays; 12-7H-17B., Lianshead Mixed Use 1 (LMU-1) District, Location of Business Activity, Outdoor Displays; 12-71-17B., Lionshead Mixed Use 2 (LMU-2) District, Location of Business Activity, Outdoor Displays; and 12-8E-5B, Ski Base Recreation-2 (SBR-2), Location ofi Business Activity, Outdoor Displays Vail Town Code to regulate the outdoor display of merchandise, within all zone districts listed above except Core 3 (CC3) and Commercial Service Center (CSC), to an eight month period of April 1 to December 1, annually, and setting forth details for all aforementioned zone districts in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny ordinance No. 2fl, Series of 2fl03, on second reading. BACKGROUND RATIONALE: The Community Development Department has conducted numerous meetings with the merchant community and received supportive input. The Planning and Environmental Commission (PEC) held a public meeting on this request Aug. 11 at which the PEC forwarded a recommendation of denial to the Town Council as they decided outdoor displays are not a visual issue. A first reading of this ordinance was passed by Council on Sept. i6 by a vats of 4-3 (Moffet, Ogiiby and Cleveland apposed}. A copy of staff's memo to the PEC from their Aug. i 1 meeting has been attached for reference. 14. Russell Forrest ITEM/TOPIC: Second of Ordinance No. 22, Series of 2003, Vail Memorial Park rezoning re: amending the official zoning map of the Tawn of Vail for Lot 1, Katsos Ranch Minor Subdivision A part of Section 2 and 3, Township 5 South Range 80 West of the Sixth Principal meridian from natural area preservation District to the Outdoor Recreation District. (10 min.) ACTION REQUESTED OF COUNCIL: Review, approve or deny first reading of Ordinance No. 22, Series of 2003. BACKGROUND RATIONALE: The Vail Town Council reviewed the proposed design #or the Vail Memorial Park June 3 and voted to allow the Vail Memorial Park Foundation to apply for this use on town-owned land. On Aug. 20 the Design Review Board reviewed the project and voted 3-0 to direct staff to "staff" approv ble Planning and Enviro„~, Environmental Commission voted to approve the minor subdivision and conditional use permit for the memorial park. They also voted to recommend to the Town Council that they approve the proposed rezoning of the Park to Outdoor Recreation District. STAFF RECOMMENDATION: Staff is recommending that the Town Council approve Ordinance No. 22, Series of 2(103, subject to the criteria and findings in section IX of the attached staff memorandum. 15. Judy Camp iTEM/TOPIC: Second Reading of Ordindnce No. 23, Series of 2003, Supplemental Appropriation for the 2043 Budge# (5 min.) 16, Judy Camp ITEMITOPIC: Second Reading of Ordinance No. 24, Series of 2003, 2004 Budget (10 min.) 17. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) 18. Adjournment (8:35 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, OCTOBER 21, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, OCTOBER 21, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon reguest with 24-hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. EVENING MEETING ,4GEND~4 6 P.M. TUESDAY, OCT. 21, 2Q03 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEMITOPIC: Citizen Participation (5 min.) 2. ITEMITOPIC: Consent Agenda re: Approval of Sept. 2 and Sept. 16 Evening Meeting Minutes (5 min.) 3. Sybill Navas ITEMITOPIC: Appointments to Fill Two Vacancies on the Commission on Special Events (5 min.) 4. Gregg Barrie ITEMITOPIC: Floodplain Review (10 min.) BACKGROUND RATIONALE: Proposed changes to Vail's flood plain map, including impacts to adjacent property owners, will be discussed during informational workshops on Oct. 22 and 29, hosted by the Tawn of Vail and the Federal Emergency Management Agency (FEMA}. The new map is an update from the current 1983 version and will be used to determine flood insurance rates for the various flood hazard areas in the town. While every property owner has the option to purchase flood insurance regardless of the property's location, the map is used by insurance companies and mortgage brokers to determine who is required to carry flood insurance. 5. Rod Slifer ITEMITOPIC: Conference Center Committee Update (20 min.) Scott Proper Russell Forrest 6. Russell Forrest ITEMITOPIC: Overview of the Lionshead Submittal by Vail Resorts, Inc. Jack Hunn {30 min.) 7. Russell Forrest ITEMITOPlC: Request for a Continuance on the Front Door Project Appeal from Nov. ~ to Dec. 2 (10 min.) $. Matt Gennett ITEMITOPIC: First reading of Ordinance No. 19, Series of 2003, an ordinande repealing and reenacting Title 11, Sign Regulations, Vail Town Code, to accomplish longstanding goals and objectives set forth by the Town, with input from the public, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve wi#h conditions or deny Ordinance No. 19, Series of 2003, on first reading. BACKGROUND RATIONALE: On April 28 the Planning and Environmental Commission voted 5-0 to recommend approval to the Vail Town Council the proposed modifications to Title 11, Sign Regulations. The commission dekermined that the objectives set forth by the community, town officials and staff had been accomplished in the proposed new draft. The Town Council discussed khe new draft of Title 11 at its regularly scheduled meetings held on Sept. 2, Sept. 16 and Oct. 7. A copy of staff's last memorandum to the PEC is at#ached for reference, as are other supplemental materials, including the latest draft of the proposed Title 11, intended to address the comments received from council at its last hearing. 9. Matt Mire ITEMITOPIC: First Reading of Ordinance No. 26, Series of 2003, Parking Fine Ordinance re: Regulations, an Ordinance Amending Title 7, Chapter 3, Article D "Parking Infractions,"; and Amending Chapter 6 "Transportation Center," of the Municipal Code of the Town of Vail; and Setting Forth Details in Regard Thereto. {10 min.) ACTION REQUESTED OF COUNCIL: ApprovelAmendlDeny BACKGROUND RATIONALE: An ordinance was requested by Town Council to increase parking fines. Additional amendments were also necessary to Title 7, Chapter 6 of the Vail Town Code to more effectively enforce Town of Vail parking regulations. 10. Matt Gennett 1TEMITOPIC: First Reading of Ordinance No. 27, Series of 2003, an ordinance amending Title 14, Section 10, Development Standards Handbook, to allow for the use of temporary, pliable, transparent sidewall enclosures for covered outdoor dining decks associated wi#h eating and drinking establishments, and setting #orth details in regard thereto. {15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 27, Series of 2003, on first reading. BACKGROUND RATIONALE: The Planning and Environmental Commission (PEC) held a public meeting to consider this request on Aug. 25, at which the PEC forwarded a recommendation of approval to the Town Council after determining that the use of these enclosures, on an intermittent, seasonal basis, would be an asset to the vitality of Vail. A copy of staff's memo to the PEC from their Aug. 25 meeting has been attached far reference. The Summary section (Section 1} of the attached memo articulates the rationale behind staff's request. 11. Matt Mire ITEMITOPIC: First Reading of Ordinance No. 28, Series of 2003, I-70 Joe Russell Engine Brake Noise Ordinance, an Ordinance Prohibiting the Use of Stan Zemler Dynamic Braking Devices on a Certain Section of Interstate Highway 70 within the Town of Vail and Setting Forth Details in Regard Thereto. (30 min.} ACTION REQUESTED OF COUNCIL: ApprovelAmendlDeny BACKGROUND RATIONALE: On Sept. 16, an ordinance was requested by Town Council to reduce noise on 1-70 caused by dynamic braking devices. 12. Stan Zemler ITEMITOPIC: Town Manager's Report (10 min.) 13. Adjournment (8:45 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, NOVEMBER 4, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 7 P.M. ON TUESDAY, NOVEMBER 4, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479- 2332 voice or 479-2356 TDD for information. AGENDA EVENING MEETING 7 P.M. TUESDAY, NOVEMBER 4, 2U03 (Late Startl 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. ITEMITOPIC; Citizen Participation (5 min.} 2. ITEMITOPIC; Consent Agenda re: Approval of Sept. 16, Oct. 7 and Oct. 21 Evening Meeting Minutes (5 min.) 3. Russell Forrest ITEM/TOPIC: Resolution No. 12, Series of 2003, Creating an Urban Renewal Authority and Designating the Vail Town Council as the Governing Body of the Urban Renewal Authority (30 min.) ACTION REQUESTED OF COUNCIL: The Lionshead Task Force is requesting the Vail Town Council review and approve Resolution No. 12, Series of 2003, to create an Urban Renewal Authority. BACKGROUND RATIONALE: The Lionshead Task Force has been working over the last two years to develop a plan for implementing the public improvements identified in the Lionshead Master Plan. A variety of traditional financing tools have been evaluated to pay for the needed public improvements in Lionshead. The preferred tool ,recommended by the Lionshead Task Farce is tax increment financing. It is now important to move forward with the implementation of a public financing tool following the submittal of applications from Vail Resorts for the development of its Lionshead properties. The Task Force is requesting the Vail Town Council review and approve Resolution No. 12, Series of 2003, to create an Urban Renewal Authority. Furthermore. a petition has been received and verified from the Vail Town Clerk to create an Urban Renewal Authority. The proposed name of this authority is the Vail Reinvestment Authority. The resolution as written would make the Vail Town Council the Vail Reinvestment Authority. STAFF RECOMMEDATION: Staff is recommending the Town Council approve Resolution No. 12, Series of 2003. 4. George Ruther ITEM/TOPIC: Appeal of the Sept. 22, Planning and Environmental Commission (PEC} decision to approve the development plan for Vail's Front Door Project, located at 145 Vail RoadlLots 1 & 2, Mill Creek Subdivision (1 hour) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions or overturn the Town of Vail Planning and Environmental Commission's decision to approve the proposed development plan for Vail's Front Door Project. BACKGROUND RATIONALE: On Sept. 22, the Town of Vail Planning and Environmental Commission approved the proposed development plan for Vail's Front Door Project, located at 145 Vail Road/Lots 1 & 2, Mill Creek Subdivision. On Oct. 2, Mrs. LuAnne Wells, represented by Karen Romeo of the law firm of Stevens, Littman, Biddison, Tharp and Weinberg, L.L.C., filed an appeal of the Sept. 22 Town of Vail Planning & Environmental Commission decision to approve the development plan for Vail's Front Door Project. The appeal tiled on behalf of Mrs. LuAnne Wells was filed pursuant to Title 12, Chapter 3, Section 12-3-3(C), Vail Town Code. Please refer to the memorandum to the Vail Town Council from the Community Development Department, dated Nov. 4, 2003 for additional information on the appeal. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council ~phollds the Sept. 22 Town of Vail Planning and Environmental Commission decision to approve the proposed development plan for Vail's Front Door Project, located at 145 Vail Road/Lots 1 & 2, Mill Creek Subdivision. 5. Greg Hali ITEMITOPIC: Resolution No. 11, Series of 2003 Vai! Village Streetscape Warren Campbell Master Plan Addendum (20 min.) ACTION REQUESTED OF COUNCIL: The Town Council is responsible for final approvalldenial on Tawn of Vail Streetscape Master Plan amendments. The Town council is being requested to approve or deny Resolution No. 11, Series 2003, Town of Vail Streetscape Master Plan amendment. BACKGROUND RATIONALE; The Planning and Environmental Commission has forwarded a recommendation of approval of the Vail Village Streetscape Master Plan Addendum to the Town Council. The following suggestion of the PEC accompany the recommendation. That the applicant should verify that all materials proposed for use in the Streetscape are low maintenance, have a long lifespan, and are durable so as to avoid costly maintenance and upkeep. The Town of Vail Streetscape Master Plan was adopted on November 20, 1991. The purpose of the plan as stated within the document is to: "... provide a comprehensive and coordinated conceptual design for streetscape improvement That: 7) is supported by the community; 2) enriches the aesthetic appearance of the Town; and 3) emphasizes fhe importance of craftsmanship and creative design in order to create an excellent pedestrian experience." The Town of Vail Streetscape Master Plan is intended to serve as a guide for developing detailed streetscape improvements. The addendum is proposed to facilitate the culmination of ideas for updates and refinement which evolved from multiple meetings held aver the past year by a focus group which included several members of the Town Council and business owners. The DRB has no review authority on Town of Vail Master Plan updates. The DRB shall review the final plans when decisions on the specific materials have been made prior to the start of construction. STAFF RECOMMENDATION: The Town Council is requested to review and approve Resolution No.11, Series of 2003, Town of Vail Streetscape Master Plan Addendum based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. 0. Matt Gennet ITEMITOPIC: Second Reading of the new proposed draft of Title 11, Ordinance No. ~ 9, Series of 2003, Sign Regulations, an ordinance reflecting changes addressed at the Town Council's first reading of the draft an Oct. 21 (30 min.) Issues identified at the last meeting include, but are not limited to: • The location and proximity of signs to surrounding signs is an important issue and should be addressed; • The text should not be the only aspect of a hanging/projecting business sign that is measured; • Window signs may be allowed up to ~ 5 percent of the total window area without further specification; • Second-floor businesses should be allowed appropriately-sized signs; • The allowed size of business signs should not exceed that of building signs; • Joint directory signs should be allowed up to one square foot for a business; • The color of Private No-parking signs should not be regulated strictly; • A Temporary Site-Development sign should be removed prior to the issuance of a TCO; • A distinction should be made between "wind-induced movement" and animation, in relation to prohibited signs; • Any change in the ownership of a business should require that non- conforming signs be brought into compliance. ACTION REQUESTED OF COUNCIL: Q vote on the second reading of title 11, Sign Regula#ions, is requested at this time. BACKGROUND RATIONALE: On April 28, the Planning and Environmental Commission voted 5-0 to recommend approval to the Vail Town Council the proposed modifications to Title 11, Sign Regulations. The commission determined that the objectives set forth by the community, town officials and staff had been accomplished in the proposed new draft. The Town Council discussed the new draft of Title 11 at previous regularly scheduled meetings held on Sept. 2, Sept. 16 and Oct. 7. The first reading of Title 11 took place on Oct. 21. Since first reading, minor changes have been made according to the comments solicited from Council. 7. Matt Mire ITI*MITOPIC: Second Reading of Ordinance No. 26, Series of 2003, Dwight Henninger Parking Fine Ordinance, an Ordinance Amending Title 7, Chapter 3, Article D "Parking Infractions," and Amending Chapter 6 "Transportation Center," of the Municipal Code of the Town of Vail; and Setting Forth Details in Regard Thereto {10 min} ACTION REQUESTED OF COUNCIL: ApprovelAmendlDeny BACKGROUND RATIONALE: An ordinance was requested by Town Council to increase parking fines. Additional amendments were also necessary to Title 7, Chapter 6 of the Vail Town Code to more effectively enforce Town of Vail parking regulations. 8. Matt Gennett ITEMITOPIC: Second Reading of Ordinance No. 27, Series of 2003, an ordinance amending Title 14, Section 10, Development Standards Handbook, to allow for the use of temporary, pliable, transparent sidewali enclosures for covered outdoor dining decks associated with eating and drinking establishments, and setting forth details in regard thereto. Outdoor Dining Decks {5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 27, Series of 2003, on second reading. BACKGROUND RATIONALE: The Planning and Environmental Commission {PEC) held a public meeting to consider this request on Aug. 25, at which the PEC forwarded a recommendation of approval to the Town Council after determining that the use of these enclosures, on an intermittent, seasonal basis, would be an asset to the vitality of Vail. A copy of staff's memo to the PEC from their Aug. 25 meeting has been attached for reference. The Summary section (Section 1 } of the attached memo articulates the rationale behind staff's request. 9. Stan Zemler ITEMITOPIC: Town Manager's Report (5 ruin.} 1Q. Adjournment (9:50 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, NOVEMBER 18, 2003 IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, NOVEMBER ~8, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation a~aiiable upon request with 24-hour notification. Please call 479- 2332 ~aice or 479-2356 TDD for information. AGENDA EVENING MEETING 6 P.M. TUESDAY, NOVEMBER 98, 2003 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. lTEM1TOPIC: Citizen Participation (5 min.} 2. Lorelei Donaldson ITEMITOPIC: Appointment of one member to the Building and Fire Codes Appeals Board (B&FCA) {5 min.) 3. Pam Brandmeyer ITEMITOPIC: Authorization to Sign a Letter of Agreement to Discuss and Study Consolidated Fire Services (15 min.) 4. Pam Brandmeyer ITEMITOPIC: Park User Fee (10 min.) Lorelei Donaldson 5. Ceil Folz ITEMITOPIC: Request for in-kind services to support December Kurt Krieg 2003 Birds of Prey World Cup event in Beaver Creek (15 min.) BACKGROUND: Since 1997 and the addition of the Birds of Prey venue in Beaver Creek, the town has partnered with the WF, Town of Avon, and Beaver Creek Resort Company to provide bus transportation to the base of Birds of Prey. Notably, the mast critically important exposure came through the 1999 World Alpine Ski Championships. The town has contributed annually "up to" $10,000 in in-kind bus transportation each of these years. Based on the scope of the annual event, the cost for providing this service has varied from $14,000 to $24,000. The request for this funding wilt go to the Commission on Special Events (CSE) Tuesday, November 18, at which time an endorsement from the CSE will possibly be forwarded to Council for approval. This year in addition to the above funding partners, ECO (Eagle County Regional Transportation Authority) will also partner in this event. STAFF RECOMMENDATION: Approve up to $10,000 in in-kind bus transportation support. 6. Lynn Fritzlen ITEMITOPIC: Overview of a "mufti-purposed recreational facility" (20 min.) 7. Dwight Henninger ITEMITOPIC: Resolution No.13, Series of 2003, First Reading Approving The Law Enforcement Assistance Fund {LEAF) Contract (5 min.) 8. Judy Camp ITEMITOPIC: First reading of Ordinance No.30, Series of 2003, an ordinance making supplemental appropriations and budget adjustments to the 2003 budget for the Town of Vail, Colorado and authorizing the expenditures of said appropriations as set forth herein; and setting fior the details in regard thereto. {10 min.) ACTION REQUESTED OF COUNCIL: Approve, deny, or approve with modifications supplemental appropriation No. 3 of 2003. BACKGROUND RATIONALE: Certain items that could not be contemplated at the time of the adoption of the original 2003 budget have occurred and need to be recognized. STAFF RECOMMENDATION: Approvelapprove with modifications the first reading of ordinance No. 30. 9. Judy Camp ITEMITOPIC: First Reading of Mill Levy Certification, Ordinance No. 31. Series 2003 (10 min.) BACKGROUND RATIONALE: Mill Levy assessments must be certified to the County for collection annually; this ordinance authorizes certification. Please note these numbers are only an estimate. We are waiting far current information from Eagle County for accurate numbers. ACTION REQUESTED OF COUNCIL: approve first reading of Ordinance No. 31. 10. Matt Gennett ITEMITOPIC: First Reading of Ordinance No. 32, Series of 2003 an ordinance providing for a major amendment of Special Development District No. 6, Vail Village Inn, Phase I, to allow for 2,132 sq ft of GRFA for a new residence to be located above the existing Alpenrose Restaurant. The proposal calls for taking a portion of existing restaurant space, located on the second floor of the restaurant, and making it part of the new proposed residence, which will encompass a modified third #loor as well, in accordance with Chapter 12-9A-10, Vail Town Code, and setting forth details in regard thereto. (1~ min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 32, Series of 2003, on first reading. BACKGROUND RATIONALE: On June 9, 2003, the Planning and Environmental Commission {PEC) unanimously approved the applicant's proposal, with one condition related to parking for the new residential unit, which the applicant has met. On July 15, 2003, the Design Review Board unanimously approved the applicant's proposal. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 32, Series of 2003, on first reading. 11. Matt Gennet ITEMITOPIC: Second Reading of the new proposed draft of Title 11, Ordinance No. 19, Series of 2003, Sign Regulations, an ordinance reflecting changes addressed at the Town Council's first reading of the draft on Oct. 21 (30 min.) Issues identified at the last meeting include, but are not limited to: • The location and proximity of signs to surrounding signs is an important issue and should be addressed; • The text should not be the only aspect of a hanginglprojecting business sign that is measured; Window signs may be allowed up to 15 percent of the total window area without further specification; • Second-floor businesses should be allowed appropriately-sized signs; • The allowed size of business signs should not exceed that of building signs; • Joint directory signs should be allowed up to one square foot for a business; • The color of Private No-parking signs should not be regulated strictly; A Temporary Site-Development sign should be removed prior to the issuance of a TCO; • A distinction should be made between "wind-induced movement" and animation, in relation to prohibited signs; Any change in the ownership of a business should require that non-conforming signs be brought into compliance. ACTION REQUESTED OF COUNCIL: A vote on the second reading of title 11, Sign Regulations, is requested at this time. BACKGROUND RATIONALE: On April 28, the Planning and Environmental Commission voted 5- 0 to recommend approval to the Vail Town Council the proposed modifications to Title 11, Sign Regulations. The commission determined that the objectives set forth by the community, town officials and staff had been accomplished in the proposed new draft. The Town Council discussed the new draft of Title 11 at precious regularly scheduled meetings held on Sept. 2, Sept. 16 and Oct. 7. The #irst reading of Title 11 took place on Oct. 21. Since first reading, minor changes have been made according to the comments solicited from Council. 12. Stan Zemler ITEMITOPIC: Second Reading of Ordinance Series of 2003, [-70 Dwight Henninger Engine Brake Noise Ordinance No. 28, An Ordinance Prohibiting Greg Hall the Use of Dynamic Braking Devises on a Certain Section of Interstate Highway 70 within the Town of Vail and Setting Forth Details in Regard Thereto. (30 min.) ACTION REQUESTED: • Approvelreject second reading of Ordinance No. 28. • Provide direction to the Vail Police Department far I-70 traffic education and enforcement to include authorization of up to $46,000 for a one year pilot program. . • Direct the town manager to signlmodifylreject a memorandum of understanding between the Town of Vail and the Colorado Motor Carriers Association. • Direct the town manager to pursue somelall of the alternative approaches presented. BACKGROUND RATIONALE: On Oct. 21, Council voted to approve first reading of Ordinance No. 28 with a provision for second reading to be delayed to Nov. 18 to allow time for staff to prepare and present a list of alternative approaches. Those options include working with the Colorado Motor Carriers Association and Colorado Department of Transportation on a series of education, enforcement and engineering solutions, plus additional traffic education and enforcement by the Vail Police Department. STAFF RECOMMENDATION: Defeat second reading of Ordinance No. 28 and direct staff to pursue alternative approaches. 13. Stan Zemler ITEMlTOPIC: Town Manager's Report (10 min.) 14. Adjournment (9:00 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE} THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, DECEMBER 2, 2003, IN THE TOV COUNCIL GHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, DECEMBER 2, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation availalale upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. (AMENDED) AGENDA EVENING MEETING fi P.M. TUESDAY, DECEMBER 2, 2003 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. iTEMITOPIC: Citizen Participation (5 min.) 2. Pam Brandmeyer ITEMITOPIC: Vail Local Housing Authority Appointment to Fill the Unexpired Term of Chuck Ogilby to May 31, 2004. BACKGROUND RATIONALE: Attached you will find Chuck Ogilby's resignation letter dated November 19, 2003. Please note that in May of'04, the next position to be filled will be for afive-year term. State legislation does not require a sitting Councilmember to be on this authority, and further, should a Councilmember be appointed to this five year term, slhe can remain, ifi so desired, once a Council term has expired. 3. Lorelei Donaldson ITEMITOPIC; Appointment of Election Commission. {5 min.} The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. BACKGROUND RATIONALE: Per Section 2.5 of the Town Charter, an election commission shall be appointed by the Vail Town Council in the first December meeting following a regular town election, for a term of two (2) years and shall serve without compensation. The election commission includes the town clerk, as chairman, and two qualified and registered electors of the town. ACTION REQUESTED QF COUNCIL: Review and appoint Mary Jo Allen and Vi Brown as election commission judges for the next two years, from November, 2003 to November, 2005. 4. Matt Genett ITEMITOPIC: ORDINANCE NO. 32, SERIES OF 2003 (15 min.) An ordinance providing for a major amendment of Special Development District No. 6, Vail Village Inn, Phase I, to allow for 2,132 sq ft of GRFA for a new residence to be located. above the existing Alpenrose Restaurant. The proposal calls for taking a portion of existing restaurant space, located an the second floor of the restaurant, and making it part of the new proposed residence, which will encompass a modified third #loor as well, in accordance with Chapter 12-JA-10, Vail Town Code, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 32, Series of 2003, on first reading. BACKGROUND RATIONALE: On June 9, 2003, the Planning and Environmental Commission (PEC},unanimously approved the applicant's proposal, with one condition related to parking for the new residential unit, which the applicant has met. On July 15, 2003, the Design Review Board unanimously approved the applicant's proposal. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 32, Series of 2003, on first reading. 5. Russ Forrest ITEMITOpIC: Vail Town Council Sitting as the Town of Vail Reinvestment Authority re: Approval of the Following Three Actions (30 min.) 1. Adopt bylaw governing its operation 2. Allow the VRA execute an cooperation agreement to use Town of Vail staff 3. Sign a certificate far the Department of Local Affairs ACTION REQUESTED OF COUNCIL: Approve the above mentioned agreement, bylaws and certificate. BACKGROUND RATIONALE: On November 4, 2003 the Vail Town Council approved of Resolution No. 12, Series of 2003, which created the Vail Reinvestment Authority and which appointed the Vail Town Counci[ as the governing board for the authority. STAFF RECOMMENDATION: Approve the above mentioned documents. 6. Bill Gibson ITEMITOPIC: First Reading of Ordinance No. 33, Series of 2003, an ordinance amending Sections 12-6A-3, 12-68-3, 12-6C-3, 12- 6D-3, 12-6E-3, 12-6F-3, 12-6G-3, 12-6H-3, and 12T61-3, Vail Town Code, to allow a funicular and other similar conveyances as a conditional use in the Hillside Residential {HR), Single-Family Residential (SFR}, Two-Family Residential {R}, Two-Family PrimarylSecondary Residential (PIS), Residential Cluster (RC}, Low Density Multiple-Family (LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple-Family {HDMF), and Housing {H) Districts, and setting far details in regard thereto. {15 min.} ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 33, Series of 2003, on first reading. BACKGROUND RATIONALE: On November 10, 2003, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments. 7. Bill Gibson ITEMITOPIC: First Reading of Ordinance No. 34, Series of 2003, a proposed zone district boundary amendment to rezone Eagle River Water and Sanitation District properties, located at 846 West Forest Road, from Outdoor Recreation (OR) and Lionshead Mixed Use 2 {I_MU-2) zone districts to the General Use (GU) zone district (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 34, Series of 2003, on first reading. BACKGROUND RATIONALE: On October 27, 2003, the Planning and Environmental Commission voted 7-0 to #arward a recommendation of approval for the proposed zone district boundary amendment. $. Warren Campbell ITEMITOPIC: First Reading of Ordinance No. 35, Series of 2003, a proposed zone district boundary amendment to rezone the Lionshead tennis court site from Agriculture and Open Space zone district to Two-Family PrimarylSecondary zone district and to rezone the ski-way from Agriculture and Open Space zone district to Outdoor Recreation zone district, located at 615 West Forest Roadlunplatted (15 min.} ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 35, Series of 2003, on first reading. BACKGROUND RATIONALE: On October 27, 2003, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed zone district boundary amendments. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 35, Series of 2003, on first reading. 9. Warren Campbell ITEMITOPIC: First reading of Ordinance No. 36, Series of 2003, an ordinance amending Section 12-7H-5, conditional uses; generally {on all levels of a building or outside a building), Vail Town Code, to amend the list of conditions! uses and allow singie- family residential dwellings and two-family residential dwellings as conditional use in the !-ionshead Mixed Use-1 zone district; amending Section 12-16-7, use specific criteria and standards, to add four use specific criteria to be used in the evaluation of a conditional use permit request for single-family and two-family residential dwellings in the Lionshead Mixed Use -1 zone district, and setting forth details in regard thereto (30 min.) ACTION REQUESTED OF COUNCIL: Listen to a staff presentation on the proposed text amendment ordinance and approve, approve with modifications, or deny Ordinance No. 36, Series of 2003, on first reading. BACKGROUND RATIONALE: On November 14 and 24, 2003, the Planning and Environmental Commission held public hearings to discuss the proposed text amendments. Fallowing discussion of the amendment, and revisions made to the proposal in response to input provided by the public and the Commission, the Planning and Environmental Commission vo#ed 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council: A more complete description of the proposed text amendment and a copy of the proposed amending ordinance have been attached for reference. 10. Stan Zemler 1TEMITOPIC: Second Reading of Ordinance No. 28, -Series of Dwigh# Henninger 2003, an Ordinance Prohibiting the Use of Dynamic Braising Greg Hall Devices on a Certain Section of Interstate Highway 70 within the Town of Vail and Setting Forth Details in Regard Thereto. (20 min.) ACTION REQUESTED: --Provide direction to the Vail Police Department for I-74 traffic education and enforcement to include authorization of up to $46,000 for none-year pilot program. --Direct the town manager to signlmodify a memorandum of understanding between the Town of Vail and the Colorado Motor Carriers Association. --Direct the town manager to pursue somelall of the alternative approaches presented. BACKGROUND RATIONALE: On Oct. 21, Council voted to approve fiirst reading of Ordinance No. 28 with a provision for second reading to be delayed to Nov. 18 to allow #ime for staff to prepare and present a list of alternative approaches. On Nov. 18, Council voted to table second reading to Dec. 2 to allow time for a response from the Colorado Motor Carriers Association {CMCA) to the following question posed by the Town Council: Would the CMCA be willing to immediately sign an agreement to work cooperatively and in goad faith with the town in addressing various noise issues with the understanding that if the agreement is approved, Counci! will table second reading of the engine brake restriction ordinance to March 16, 2004? Staff has received a preliminary response from Greg Fulton, president of the Colorado Motor Carriers Association, indicating the organization has agreed to sign the memorandum of understanding as requested. STAFF RECOMMENDATION: Staff will continue to pursue Memorandum of Understanding {MOU) with Motor Carriers Association. Council will review status in March 2004. Recommend Council not take further action on Ordinance Number 28 at this time. 11. Judy Camp ITEMITOPIC: Second reading of Ordinance No. 30, Series of 2003, an ordinance making supplemental appropriations and budget adjustments to the 2003 budget for the Town of Vail, Colorado and authorizing the expenditures of said appropriations as set forth herein; and setting for the details in regard thereto. (10 min.} ACTION REQUESTED OF COUNCIL: Approve, deny, or approve with modifications supplemental appropriation Ordinance No. 30, series of 2003 BACKGROUND RATIONALE: Certain items that could not be contemplated at the time of the adoption of the original 2003 budget have occurred and need to be recognized. STAFF RECOMMENDATION: Approvelapprove with modifications the second reading of Ordinance No 30. 12. Judy Camp iTEMITOPIC: Second reading of Ordinance No. 31, Series of 2003, Mill Levy Certification (5 min.) ACTION REQUESTED OF COUNCIL: Approve second reading of Ordinance No. 31, series of 2003. BACKGROUND RATIONALE: Mill levy assessments must be certified to the County for collection annually; this ordinance authorizes certification. The ordinance has been updated to reflect #inal assessments and abatements from Eagle County. STAFF RECOMMENDATION: Approve second reading of Ordinance No. 3'i, series of 2003. BACKGROUND RATIONALE: Mill Levy assessments must be certified to the County for collection annually; this ordinance authorizes certification. The County has certified the mill levy at 4.70401 for 2003 property taxes payable in 2004. ACTION REQUESTIwD OF COUNCIL: Approve second reading of Ordinance No. 31. 13. Stan Zemler ITEMITOPIC: Town Manager's Report (10 min.) 14. Adjournment {9:00 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: {ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, DECEMBER 16, 2003, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL. BEGIN AT 6 P.M. ON TUESDAY, DECEMBER 16, 2003 IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. Vail Town Council Chambers Evening Meeting Schedule for Tuesday, December 16, 2003 VAIL LOCAL MARKETING DISTRICT (VEND) MEETING AGENDA TUESDAY, DECEMBER 16, 2003 6:00 P.M. VAIL TOWN COUNCIL CHAMBERS 1. Beth Skifer A. VLMD quarterly update to include an abbreviated Longwoods summer 2004 marketing presentation (30 min.) B. Resolution No. 1, Series of 2003, a resolution adopting an amended budget and making appropriations to pay the revised costs, expenses, and liabilities of the Vail LocalMarketing District for its fiscal year January 1, 2003 through December 31, 2003 (5 min.) C. Resolution No. 2, Series of 2003, a resolution adopting a budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2004 through December 31, 2004 (10 min.} ACTION REQUESTED OF COUNCIL: Sitting as the Vai! Local Marketing District, Council is requested to approve both resolutions - to amend the 2003 Budget and to adapt the 2004 Budget. BACKGROUND RATIONALE: Lodging tax receipts for the third quarter of 2003 were received at the end of November. Year-to-date receipts are down from last year and from budget. It is unlikely that the shortfall will be made up in the fourth quarter and VLMD has identified spendinq~ reductions to offset this shortfall. Also, on September 16t ,the Vail Town Council requested that the VLMD #und the Pro Cycling Tour for $30,000 in 2003 and $50,OQ0 in 2004. Council unanimously approved a motion by Greg Moffet to forgive a portion of the VLMD's working capital loan from the Town to the extent of the Pro Cycling Tour funding. Resolution No. 1 to amend the 2003 budget reflects both of these items and reduces 2003 appropriations from $1,900,000 originally budgeted to $1,854,047. VLMD presented a 2004 proposed marketing plan September 18th. Since that time, the above-mentioned revenue shortfall has been identified and the budget proposal supporting the marketing plan has been modified accordingly. The 2004 Pro Cycling Tour funding and resulting reduction in loan balance has also been reflected. Resolution No. 2 includes a total appropriation of $1,541,000. STAFF RECOMMENDATION: Approve both resolutions. CONVENE AS VAIL TOWN COUNCIL, 6:45 P.M. VAIL TOWN COUNCIL EVENING MEETING AGENDA 6:A~5 P.M. Tuesday, December 16, 2003 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEMITOPIC: Citizen Participation (5 min.) 2, Lorekei Donaldson ITEMITOPIC: Consent Agenda A. Approval of the Nov. 4 Evening Meeting Minutes, Nov. 11 Special Meeting Minutes, and Nov. 1$ Evening Meeting Minutes (5 min.} B. Appointment of four prospective appointees as judges for the Special Municipal Election to be held Tuesday, January 27, 2004 (5 min.) Vi Brown Holiday (Holly) Cole Karen Morter Summer Holm C. Appointment of three Vail Locale Marketing Dis#rict Advisory Council (VLMDAC) Members: (5 min.) Andrew Karow • Ken Friedman • Steve Rosenthal 3. Bill Jensen ITEMITOPIC: Vail's New Dawn Marketing Plan (15 min.) 4. Sybill Navas iTEMlTOPIC: Introduction of 2003120x4 Vai{ Youth Ambassadors, Patrick Scanlan and McClees Stephens. (5 min.) 5. Russ Forrest ITEMITOPIC: Authorize a cooperation agreement between the Town of Vail and the Vail Reinvestment Authority (5 min.) ACTION REQUESTED OF COUNCIL: Approve or amend the above coopers#ion agreement BACKGROUND RATIONALE: On November 4, 2003 the Vail Town Council approved of resolution #12, Series of 2003 which created the Vai! Reinvestment Authority and which appointed the Vail Town Council as the governing board for the authority. The next step is to take the necessary steps to create an independent Authority. STAFF RECOMMENDATION: Approve of the above mentioned agreement 6. Rod Slifier ITEMITOPIC: Conference Center Update {5 min.} 7. Nino Licciardi ITEMITOPIC; Request to Proceed Through the Process by the Vail Recreation District to Renovate and/or Re-construct the Vail Golf Course Club House (15 min.} 8. Greg Moffet ITEMITOPIC: Red Sandstone multi-purpose recreation facility update {15 min.) 9. Bill Gibson ITEMITOPIC: First Reading of Ordinance No. 33, Series of 2003, an ordinance amending Sections 12-6A-3, 12-6B-3, 12-6C-3, 12- 6D-3, 12-6E-3, 12-6F-3, 12-6G-3, 12-6H-3, and 12-61-3, Vail Town Code, to allow a funicular and other similar conveyances as a conditional use in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PIS}, Residential Cluster {RC), Low Density Multiple-Family {LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple-Family (HDMF), and Housing {H} Districts, and setting for details in regard thereto (15 min.} ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 33, Series of 2003, on first reading. BACKGROUND RATIONALE: On November 10, 2003, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments. On December 2, 2003, the Town Council voted 6-0 to table the first reading of Ordinance No. 33, Series of 2003, to December 16, 2003. 10. Matt Mire ITEMITOPIC: First Reading of Ordinance 37, Series of 2003, an ordinance amending Title 7, Chapter 2, of the Vai! Town Code; allowing for an automatic reduction of points assessed for certain traffic offenses; and setting forth details in Regard thereto (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with Amendments, Deny BACKGROUND RATIONALE: The Municipal Court has requested that a provision be included in the Town Code to allow for an automatic point reduction for certain traffic infractions, when a plea is made and the fine paid before the scheduled appearance date. This will reduce the Court case load in conjunction with the reduced Court schedule. STAFF RECOMMENDATION: Approve, Approve with Amendments, Deny Ordinance No. 3~', series 2003. An ordinance to amend the traffic code -plea amendment for traffic tickets. 11. Matt Genett ITEMITOPIC: ITEMITOPIC: Second Reading of Ordinance No. 32, Series of 2003. An ordinance providing for a major amendment of Special Development District No. 6, Vail Village Inn, Phase 1, to allow for 2,132 sq ft of GRFA for a new residence #o be located above the existing Alpenrose Restaurant. The proposal calls for taking a portion of existing restaurant space, located on the second floor of the restaurant, and making it part of the new proposed residence, which will encompass a modified third floor as well, in accordance with Chapter 12-9A-10, Vail Town Code, and setting forth details in regard thereto (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 32, Series of 2003, an first reading. BACKGROUND RATIONALE: On June 9, 2003, the Planning and Environmental Commission (PEC) unanimously approved the applicant's proposal, with one condition related to parking far the new residential unit, which the applicant has met. On Juiy 15, 2003, the Design Review Board unanimously approved the applicant's proposal. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 32, Series of 2003, on second reading. 12. Bill Gibson ITEMITOPIC: Second Reading of Ordinance No. 34, Series of 2003, a proposed zone district boundary amendment to rezone Eagle River Water and Sanitation District properties, located at $46 West Forest Road, from Outdoor Recreation (OR} and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district (15 min.} ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 34, Series of 2003, on second reading. BACKGROUND RATIONALE: On October 27, 2003, the Planning and Environmental Commission voted 7-0 #o forward a recommendation of approval for the proposed zone district boundary amendment. 13. Warren Campbell ITEMlTOPIC: Second Reading of Ordinance No. 35, Series of 2003, a proposed zone district boundary amendment to rezone the Lionshead tennis court site from Agriculture and Open Space zone district to Two-Family PrimarylSecondaryznne district and to rezone the ski-way from Agriculture and Open Space zone district to Outdoor Recreation zone district, located at 615 West Forest Roadlunplatted (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 35, Series of 2003, on second reading. BACKGROUND RATIONALE: On October 27, 2003, the Planning and Environmental Commission voted 7-0 to fiorward a recommendation of approval for the proposed zone district boundary amendments. On December 2, 2003, the Town Council voted 7-0 to approve Ordinance No. 35, Series of 2003, on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 35, Series of 2003, on second reading. Second Reading of Ordinance Na. 35, Series of 2003, a proposed zone district boundary amendment to rezone the Lionshead tennis court site from Agriculture and Open Space zone district to Two-Family PrimarylSecondary zone district and to rezone the ski-way from Agriculture and Open Space zone district to Outdoor Recreation zone district, located at 615 West Forest Roadlunplatted. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, ar deny Ordinance No. 35, Series of 2003, on second reading. 14. Warren Campbell ITEMITOPIC: Second Reading of Ordinance No. 36, Series of 2003, an ordinance amending Section 12-7H-5, conditional uses; generally (an all levels of a building or outside a building), Vail Town Code, to amend the list of conditional uses and allow single- family residential dwellings and two-family residential dwellings as a conditional use in the Lionshead Mixed Use-1 zone district; amending Section 12-16-7, use specific criteria and standards, to add four use specific criteria to be used in the evaluation of a conditional use permit request for single-family and two-family residential dwellings in the Lionshead Mixed Use -- 1 zone district, and setting forth details in regard thereto {5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 36, Series of 2003, on second reading. BACKGROUND RATIONALE: On November 10 and 24, 2003, the Planning and Environmental Commission held public hearings to discuss the proposed text amendments. Following discussion of the amendment, and revisions made to the proposal in response to input provided by the public and the Commission, the Planning and Environmental Commission voted 6-0 to forward a recommendation of approval of the proposed text amendment to the Vail Town Council. A more complete description of the proposed text amendment and a copy of the proposed amending ordinance have been attached for reference. On December 2, 2003, the Town Council voted 7-0 to approve Ordinance No. 36, Series of 2003, on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 36, Series of 2003, on second reading. 15. Stan Zemler ITEMITOPIC: Town Manager's Report. {10 min.) 16. Adjournment (9:20 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 2 P.M. ON TUESDAY, JANUARY 6, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEG1N AT 6 P.M. ON TUESDAY, JANUARY 6, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information.