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HomeMy WebLinkAbout2004 Town Council Agendas Evening SessionEVENING MEETING 6:00 P.M. TUESDAY, January 20, 2004 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 (5 min.) • Appointment to the Minturn Cemetery District. BACKGROUND RATIONALE: The Minturn Cemetery District has requested the Town Council appoint a member to their district board of directors. The district has a current mil levy of .436 mils (per $100,000 assessed valuation this equals $43.60) in the Town of Vail, and as such, the board believes Vail should have representation. This can be either a Councilmember or staff. This board meets monthly, the second Monday of the month, 5:00 P.M. in the Public Works facility and the meetings usually last an hour. STAFF RECOMMENDATION: Direct the Town Manager to appoint a member from within staff. 3. Judy Camp ITEM/TOPIC: RESOLUTION NO. 4, Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE PAYROLL ACCOUNT, THE TOWN OF VAIL GENERAL CHECKING ACCOUNT, AND THE TRC CHECKING ACCOUNT HELD AT FIRST BANK AS PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 4. Judy Camp ITEM/TOPIC: RESOLUTION NO. 5, Series of 2004, A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE US BANK ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 5. Judy Camp ITEM/TOPIC: RESOLUTION NO. 6 Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE WESTSTAR ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 6. Judy Camp ITEM/TOPIC: RESOLUTION NO. 7, Series of 2004, A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE ALPINE BANK ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 7. Judy Camp ITEM/TOPIC: RESOLUTION NO. 8, Series of 2004 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: STAN ZEMLER, PAMELA A. BRANDMEYER, JACQUE LOVATO, AND JUDY CAMP ON THE COLO TRUST ACCOUNT FOR THE TOWN OF VAIL PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO. (2 min.) ACTION REQUESTED OF COUNCIL: Approve as presented. BACKGROUND RATIONALE: These resolutions add Town Manager Stan Zemler as an authorized signer. STAFF RECOMMENDATION: Approve 8. Nino Licciardi ITEM/TOPIC: Vail Recreation District Update (10 min.) 9. Greg Moffet ITEM/TOPIC: Status Report on the Red Sandstone Elementary Lynn Fritzlen School (RSES) Multi-Purpose Recreation Facility RE: the Capital Craig Bruntz Project Construction Budget and Operational Budget. (30 min.) BACKGROUND RATIONALE: On December 16th, Council heard an overview of the progress in determining options for construction and funding of amulti-purpose recreation facility to be located at RSES. Current funding partners are: $369,000 Eagle River Water and Sanitation District (ERWSD) Of the orginal escrowed $400,000, $20,000 was used in the temporary re-location of the gymnastics facility to Avon and another approximately $11,000 in preliminary design costs for the new facility. $150,000 RE50J Eagle County School District $250,000* Vail Resorts, Inc. (VRI) $150,000 Town of Vail (TOV) cash earmarked $100,000 TOV in-kind $250,000** Vail Recreation District (VRD) TOTAL CONTRIBUTIONS WILL NOW BE $1,269,000 $1,185,030 ESTIMATED COST OF CONSTRUCTION * Conditional based on conveyance of easements ** Subject to passage of mil levy increase in May '04 election This project is next set to go to Planning and Environmental Commission (PEC) on February 23, 2004. Unresolved issues: insurance, water tap fee(s), unresolved transportation issues, which may include a CDOT-required left-hand lane for turning and re-location of the bus shelter and lower lot parking. 10. Nina Timm ITEM/TOPIC: Discuss an amendment to the Red Sandstone Rick Sackbauer Creek Deed Restriction for units A-1 and B-9 (20 min.) BACKGROUND RATIONALE: These are currently owned by Mountain Valley Developmental Services and are completely wheel chair accessible. Rick wants to amend the deed restriction so that the units are always prioritized for people with disabilities. 11. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2004, an George Ruther ordinance vacating that platted public right-of-way between Lots P-3 & j, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive; and setting forth details in regard thereto (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 3 Series of 2004, upon first reading BACKGROUND RATIONALE: Pursuant to the Vail Town Charter, the Vail Town Council shall only transfer or convey interest in real property held by the Town of Vail via the adoption of an ordinance approving the conveyance. The purpose of Ordinance No. 3, Series of 2004, is to comply with the applicable provisions of the Vail town Charter in the vacating of a certain portion of Town-owned public right-of-way. Through the adoption of Ordinance No. 3 and the recording of the accompanying final plat, the Vail Town Council will vacate a portion of unused right-of-way and replat a new right-of-way for the Hanson Ranch Road Chute in Vail Village and remedy along-standing error. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 3, Series of 2004, upon first reading. 12. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 1, Series of 2004, an ordinance amending the effective date of Ordinance Nos. 9 and 10, Series of 2003, from February 1, 2004 to July 10, 2004, and setting for details in regard thereto (10 min.) 13. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 2, Series of 2004, an ordinance repealing Ordinance Nos. 9 and 10, Series of 2003, to revoke the approval of said ordinances causing each to become null and void, and setting for details in regard thereto (10 min.) 14. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) Adjournment (8:05 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, FEBRUARY 3, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, FEBRUARY 3, 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. AGENDA EVENING MEETING 6:00 P.M. TUESDAY, January 6, 2004 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. Lorelei Donaldson ITEM/TOPIC: Consent Agenda (5 min.) Pam Brandmeyer ^ Approval of the December 2, 2003 and the December 16, 2003 Evening Meeting Minutes. ^ Resolution No. 1, Series 2004, a resolution designating a public place within the Town of Vail for the posting of notice for public meetings of the Vail Town Council, planning and environmental commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail. ^ Appointment of 2 members to the Commission on Special Events (CSE) from three applicants: Ian Anderson, Stephen Connolly, and Robert Rothenberg. 3. Ceil Folz ITEM/TOPIC: Request for In-Kind Services by the Vail Valley Kurt Krieg Foundation (VVF) for Two Special Events: American Ski Classic and The Session (Snowboarding) (15 min.) 4. George Ruther ITEM/TOPIC: First reading of Ordinance No. 1, Series of 2004, an ordinance amending the effective date of Ordinance Nos. 9 and 10, Series of 2003, from February 1, 2004 to July 10, 2004, and setting for details in regard thereto (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2004, on first reading. BACKGROUND RATIONALE: Ordinance Nos. 9 and 10, Series of 2003, were approved by the Town of Vail to facilitate the redevelopment of Chateau at Vail hotel property located a 13 South frontage Road. The purpose of this ordinance is to amend the effective date of Ordinance Nos. 9 and 10, Series of 2003, from February 1, 2004 to July 10, 2004. This ordinance is brought on behalf of Waldir Prado (property owner) and T.J. Brink (representing the applicant). First reading of Ordinance No. 1 Series of 2004, 5. George Ruther ITEM/TOPIC: First reading of Ordinance No. 2, Series of 2004, an ordinance repealing Ordinance Nos. 9 and 10, Series of 2003, MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12- 7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto (PEC05-0097). Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel __________________________________________________________ ___________ I. SUMMARY The applicant, the Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects, is requesting approval of a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building). Based upon Staff’s review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department approval, with conditions, recommends of the major exterior alteration and modification of an existing outdoor dining deck subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant is requesting approval of an exterior alteration to allow for the addition of approximately 1,000 square feet of commercial floor area and restaurant space; the addition of an elevator to provide access to the first and top floors of the building; and a residential deck addition at the penthouse level, all within the Gore Creek Plaza Building. Also being requested as part of this application is the modification of the configuration of the existing outdoor dining deck at Sweet Basil, which was originally approved through a conditional use permit request granted by the Planning and Environmental Commission in 1992. At the ground floor, the applicant is proposing to increase the size of the existing retail space at Emata (formerly John Galt) by 364 square feet. Concurrently, the applicant is proposing to enclose a portion of the outdoor dining deck at Sweet Basil restaurant, thereby expanding the restaurant by 366 square feet. As a part of that expansion, Sweet Basil has proposed to reconfigure the deck and planter area outside of the restaurant, eighty (80) square feet of which is located within the Town’s right-of-way. On December 20, 2005, the applicant received permission from the Vail Town Council to proceed 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12- 7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto (PEC05-0097). Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel __________________________________________________________ ___________ I. SUMMARY The applicant, the Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects, is requesting approval of a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building). Based upon Staff’s review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department approval, with conditions, recommends of the major exterior alteration and modification of an existing outdoor dining deck subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant is requesting approval of an exterior alteration to allow for the addition of approximately 1,000 square feet of commercial floor area and restaurant space; the addition of an elevator to provide access to the first and top floors of the building; and a residential deck addition at the penthouse level, all within the Gore Creek Plaza Building. Also being requested as part of this application is the modification of the configuration of the existing outdoor dining deck at Sweet Basil, which was originally approved through a conditional use permit request granted by the Planning and Environmental Commission in 1992. At the ground floor, the applicant is proposing to increase the size of the existing retail space at Emata (formerly John Galt) by 364 square feet. Concurrently, the applicant is proposing to enclose a portion of the outdoor dining deck at Sweet Basil restaurant, thereby expanding the restaurant by 366 square feet. As a part of that expansion, Sweet Basil has proposed to reconfigure the deck and planter area outside of the restaurant, eighty (80) square feet of which is located within the Town’s right-of-way. On December 20, 2005, the applicant received permission from the Vail Town Council to proceed 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12- 7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto (PEC05-0097). Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel __________________________________________________________ ___________ I. SUMMARY The applicant, the Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects, is requesting approval of a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building). Based upon Staff’s review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department approval, with conditions, recommends of the major exterior alteration and modification of an existing outdoor dining deck subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant is requesting approval of an exterior alteration to allow for the addition of approximately 1,000 square feet of commercial floor area and restaurant space; the addition of an elevator to provide access to the first and top floors of the building; and a residential deck addition at the penthouse level, all within the Gore Creek Plaza Building. Also being requested as part of this application is the modification of the configuration of the existing outdoor dining deck at Sweet Basil, which was originally approved through a conditional use permit request granted by the Planning and Environmental Commission in 1992. At the ground floor, the applicant is proposing to increase the size of the existing retail space at Emata (formerly John Galt) by 364 square feet. Concurrently, the applicant is proposing to enclose a portion of the outdoor dining deck at Sweet Basil restaurant, thereby expanding the restaurant by 366 square feet. As a part of that expansion, Sweet Basil has proposed to reconfigure the deck and planter area outside of the restaurant, eighty (80) square feet of which is located within the Town’s right-of-way. On December 20, 2005, the applicant received permission from the Vail Town Council to proceed 1 through the development review process to modify the configuration of the deck for review by the Planning and Environmental Commission (PEC) and Design Review Board (DRB). The deck exists through a lease agreement which was drafted between the Town of Vail and the Gore Creek Plaza Building in1998. The lease must be revised as a condition of approval for this application. At the second story, the applicant is proposing to add116 square feet of commercial floor area to the Sweet Basil kitchen, lending more spatial flexibility to the employees of the restaurant. Finally, the proposal involves the addition of a new deck at the penthouse level for the top floor homeowner and the replacement of the windows and doors throughout the building. Though these aspects of the application do not require the review of the Planning and Environmental Commission as they are not affecting the overall interior square footage that are a part of the major exterior alteration, their inclusion in this application has been deemed necessary for the sake of clarification. The proposal also encompasses the addition of an elevator, which will provide access to (stops at) the ground (first) floor and the Penthouse floor and will result in the addition of thirty four (34) square feet of floor area at every level. The elevator will prompt the construction of en elevator “tower” element at the south façade. It should be noted that none of the proposed square footage will extend beyond the existing building envelope due to the location of an underground parking garage, which extends directly along the property line at Gore Creek Drive. Therefore, the amount of site coverage existing on the lot will not be exceeded by the approval of this application. A detailed description of the applicant’s request, the proposed architectural plans, and the proposed rendering and photos of the existing site have been attached for reference (see Attachments A, B, C and D). A vicinity map has been provided as well (Attachment E). III. BACKGROUND The Gore Creek Plaza Building was originally constructed in 1962, prior to the Town of Vail’s adoption of zoning regulations. The building is currently zoned Commercial Core 1 and has requested and received one variance in the 1990s for the addition of approximately sixty (60) square feet of site coverage to build a dumpster enclosure. The Building is currently non-conforming in regard to several aspects of the applicable building and fire codes. Multiple meetings have been held between Town Staff and the property ownership to determine the appropriate conditions of approval will provide increased conformance of this building with the requirements of each Department. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, variance applications and exterior alteration or modification applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for finalapproval, approval with modifications, or denialof a variance application, in accordance with Chapter 12-17, Variances, Vail Town Code; and a major exterior alteration or modification application, in accordance with Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code. 2 Design Review Board: The Design Review Board has no review authority over a variance application or major exterior alteration or modification application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-7B: Commercial Core 1 (CC1) District (in part) 12-7B-1: Purpose: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-7B-7: Exterior Alterations and Modifications: (in part) A-6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-7B-1 of this article; that the proposal is consistent with applicable elements of the Vail village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan; and that the proposal does not otherwise negatively alter the character of 3 the neighborhood. Further, that the proposal substantially complies with the Vail village urban design guide plan and the Vail village design considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail comprehensive plan. VAIL VILLAGE URBAN DESIGN GUIDE PLAN (in part) Urban Design Considerations (in part) Sub-Area Concepts (Gore Creek Drive/Bridge Street) Commercial Expansion (ground floor) not to exceed ten feet in depth, possible ? arcade. Limited Building Expansion/Improvements: Increase façade transparency on ? south side to strengthen pedestrian activity, with entry to street. Potential expansion may be considered on south end of building to improve street enclosure proportions but must respect designated Hill street – Gore Range view corridors. Potential second level open balcony deck (sun pocket) to restore activity to street lost from ground floor terrace. Façade improvements. Eyesores removed, increased façade transparency, ? entries simplified and oriented to intersection. Pedestrian walkway defined (by paving, planters, lighting, benches, etc.) to avoid ? traffic conflicts and unify diverse, disconnected building facades. Increased attraction to reinforce lodge arcade, west end of Core Area. Commercial expansion – one story to provide active façade to pedestrian street, ? help reinforce connection of Gore Creek Drive to Willow Bridge Road. Vail Village Design Considerations (in part) A. Pedestrianization All new or expansion construction should anticipate the appropriate level of pedestrianization adjacent to the site. A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways. Many of the improvements recognized in the Urban Design Guide Plans and accompanying Design Considerations are to reinforce and expand the quality to pedestrian walkways throughout the Village. C. Streetscape Framework To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: 1. Open space and landscaping – berms, grass, flowers and soft tree plangent as a soft, colorful framework linkage along pedestrian routes; and plazas and park green spaces as open nodes and focal point along those routes. 4 2. Infill commercial storefronts – expansion of existing building, or new infill development to create commercial activity generators to give street life and visual interest, as attractions at key locations along pedestrian routes. D. Street Enclosure Very general rules, about the perception of exterior spaces have been developed (empirically) by designers, based on the characteristics of human vision: They suggest that an external enclosure is most comfortable where its walls are approximately ½ as high as the width of the space enclosed; If the ration falls to ¼ or less, the space seems unenclosed; ? If the height is greater than the width, it comes to resemble a canyon ? Canopies, awnings, arcade and building extensions can all create a pedestrian focus and divert attention from upper building heights and “canyon” effects. 5 E. Street Edge Unlike many American towns there are no standard setback requirements for buildings in Vail Village. Consistent with the desire for intimate pedestrian scale, placement of portions of a building at or near the property line is allowed and encouraged to give strong definition to the pedestrian streets. Where buildings jog to create activity pockets, other elements can be used to continue the street edge: Low planter walls ? Tree planting ? Arcades ? Raised decks ? Raised sidewalks ? Texture changes in ground surface ? Facades Transparency: Pedestrian scale is created in many ways, but a major factor is the openness, attractiveness, and generally public character of the ground floor façade of adjacent building. Transparent store fronts are “people attractors”, opaque or solid walls are more private, imply “do not approach”. On pedestrian-oriented streets such as in the Village, ground floor commercial facades are proportionately more transparent than upper floors. Upper floors are typically more residential, private and thus less open. Decks and Patios: Dining decks and patios, when property designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street – making a richer pedestrian experience than if those streets were empty. 6 VAIL VILLAGE MASTER PLAN (in part) V. Goals, Objectives, Policies and Action Steps Goal #1: Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. VI. SITE ANALYSIS Address: 193 Gore Creek Drive (Gore Creek Plaza Building) st Legal Description: Part of Lot 5B, Block B, Vail Village 1 Filing Zoning: Commercial Core 1 (CC1) Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Standard Allowed/Required Existing Proposed Lot Area: .173 acres (7,535 sq. ft.) no change no change . Setbacks:Per Vail Village Urban Design Guide Plan no change Height: Per Vail Village Urban Design Guide Plan no change Density (max): 4.325 dwelling units no change no change GRFA (max): 6,028 square feet no change no change Landscaping: Per Vail Village Urban Design Guide Plan (specifying no net loss) Parking: Parking requirements are no longer assessed within the CC1 zone district Site Coverage: 6,043 sq. ft. (80%) 6,084 sq. ft. (80.6%) no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Mixed Use Commercial Core I South: Mixed Use Commercial Core I East: Mixed Use Commercial Core I West: Mixed Use Commercial Core I VIII. CRITERIA AND FINDINGS The review criteria for a major exterior alteration are established by Chapter 12-7, Vail Town Code. 7 A. Consideration of Factors Regarding Major Exterior Alteration or Modification: The review criteria for a request of this nature, which includes additions of greater than 100 square feet of floor area, are established by the Vail Town Code. The emphasis of this review is on the proposal’s compatibility with the zoning code, the Town of Vail Streetscape Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Design Considerations and the Vail Comprehensive Plan. 1. Compliance with the Town of Vail Zoning Code. Staff believes this proposal is consistent with the purpose of the Commercial Core 1 district as outlined in Section 12-7B-1, Vail Town Code, as follows: “To provide sites and maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 Zone District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The district regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrian ways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village.” Staff believes the consistency of this proposal with the above criteria stems from the applicant’s ability to maintain a predominantly pedestrian environment despite the expansion of retail and restaurant space. The applicant’s proposal will ensure light and air through the transparency of the façade and will not disrupt the building scale that defines the Village. 2. Compliance with the Vail Village Urban Design Guide Plan. Staff believes this proposal is consistent with the “Gore Creek Drive/Bridge Street Sub-Area” objectives outlined in the Vail Village Urban Design Guide Plan, which states commercial expansions should be allowed at the ground floor as long as façade transparency and the pedestrian experience are maintained or enhanced. 3. Compliance with the Urban Design Considerations for Vail Village and the Exterior Alteration Criteria. 1. Urban design considerations (in part) a. Pedestrianization By providing additional enclosure at the first floor level, the applicant is ensuring the pedestrian experience is enhanced through eye-level improvements. 8 b. Streetscape framework The proposal improves the quality of the walking experience by providing some landscaping within the planter and by creating new commercial activity to give “street life and visual interest”. c. Street enclosure The proposal ensures a “comfortable” enclosure for the street in that it is only one story in height in most areas and does not cause the pedestrian to experience the “canyon effect”. d. Street Edge The continuation of the low planter walls, the use of tree plantings, and the use of a raised deck, encompass three of the aspects of street edge which the Plan identifies as successful. e. Views The height of the building expansions proposed by the applicant will not affect the views experienced by the pedestrian within the Village. 2. Architectural/Landscape considerations a. Roofs The proposal under consideration utilizes low-slope roof forms, which are specified in the criteria of the Plan. b. Facades The proposal under consideration utilizes transparency, particularly at the south and east side of the Sweet Basil enclosure, which is detailed by the Plan as essential to a quality experience for the pedestrian. The transparent storefront proposed for the Emata space is outlined in the Plan as a “people attractor”. c. Balconies The balcony proposed at the penthouse level of the building will lend “scale to the building” and will “add(s) variety to the building forms”, both of which are criteria listed in the Plan. d. Decks and Patios The deck proposed by the applicant will likely continue to be successful due to its position in the sunlight from 11 a.m. to 3 p.m. and its elevation above the sidewalk to provide better separation between the pedestrian and the diner. 9 to revoke the approval of said ordinances causing each to become null and void, and setting for details in regard thereto (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 2, Series of 2004, on first reading. BACKGROUND RATIONALE: Ordinance Nos. 9 and 10, Series of 2003, were approved by the Town of Vail to facilitate the redevelopment of Chateau at Vail hotel property located a 13 South frontage Road. The purpose of this ordinance is to revoke the approval of said ordinances causing each to become null and void. This ordinance is brought on behalf of Waldir Prado (property owner) and T.J. Brink (representing the applicant). 6. Bill Gibson ITEM/TOPIC: Second Reading of Ordinance No. 33, Series of 2003, an ordinance amending Sections 12-2-2, 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 12-16-3, Vail Town Code, to allow a funiculars, 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 (P/S), 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 (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 33, Series of 2003, on second 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 16, 2003, the Town Council voted 7-0 to approve the first reading of Ordinance No. 33, Series of 2003, with one modification. 7. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. 37, Series of 2003, an ordinance amending Title 7, Chapter 2, of the Vail Town Code; allowing for an automatic reduction of points assessed for certain traffic offenses; and setting forth details in Regard thereto (5 min.) 8. Lorelei Donaldson ITEM/TOPIC: Approval of 2004 Ford Park Summer Managed Pam Brandmeyer Parking Plan (15 min.) 9. Warren Campbell ITEM/TOPIC: A proposal by Vail Resorts for the acceptance of several easements on the proposed Forest Place Subdivision. The Forest Place Subdivision is located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). 20 min. ACTION REQUESTED OF COUNCIL: Adopt, adopt with modifications, or deny the applicant's proposed Forest Place Subdivision and the associated easements being granted to the Town of Vail. BACKGROUND RATIONALE: On December 8, 2003, the Planning and Environmental Commission approved a request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site. The plat includes several easements which are to be granted to the Town and require the acceptance of Town Council. Please see the memorandum for further details. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council adopts the proposed Forest Place Subdivision and the associated easements, located at 615 West Forest Road/Unplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). 10. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) 11. Adjournment (7:55 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 20, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JANUARY 20, 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. EVENING MEETING 7:00 P.M. TUESDAY, FEBRUARY 3, 2004 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. Lorelei Donaldson ITEM/TOPIC: Consent Agenda (5 min.) Pam Brandmeyer ^ Approval of the January 6, 2003 and the January 20, 2003 Evening Meeting Minutes. 3. ITEM/TOPIC: Council Appointments (25 min.) A. Appointment of Kim Ruotolo to the Channel 5 Vail Valley Community Television Board. BACKGROUND RATIONALE: Ludwig Kurz has served as the Council's representative on this board. This is a voting member at Council discretion. B. Appointment of Dick Cleveland to the Eagle County Regional Transportation Authority (ECO). BACKGROUND RATIONALE: Ludwig Kurz has served as Town Council representative on this authority and Mike Rose serves as the voting alternate. This is a voting member required by state legislation. C. Appointment to the Colorado Ski Museum and Ski Hall of Fame. BACKGROUND RATIONALE: Ludwig Kurz has served as the Town Council representative and an advisory member. D. Appointment to the Parking Task Force. BACKGROUND RATIONALE: Ludwig Kurz has served along w/Dick Cleveland on this task force. Meetings are held as needed, usually resulting in 6-8/year. Voting member. E. Appointment to the LionsHead Task Force BACKGROUND RATIONALE: Ludwig Kurz has served along w/Diana Donovan, Greg Moffet, Bill Jewitt, and community members: Bill Anderson, Werner Kaplan, and Robert Lazier. Voting member. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 13, 2006 SUBJECT: A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05-0098) Applicant: Town of Vail Planner: Warren Campbell ______________________________________________________________________ I. SUMMARY The applicant, Town of Vail, is requesting a recommendation from the Planning and Environmental Commission regarding an amendment to the Vail Land Use Plan text and map to designate the land area included within the boundaries of the Lionshead Redevelopment Master Plan as being regulated in terms of land use by the Lionshead Redevelopment Master Plan. Staff is asking the Commission to listen to a presentation on the proposed Vail Land Use Plan text and map amendments. Upon completion of the presentation, staff is requesting that Commission engages in a discussion with the staff and provide their input and feedback on the proposal and then forward a approval recommendation of to the Town Council on the proposed text and map amendments. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a recommendation from the Planning and Environmental Commission regarding an amendment to the Vail Land Use Plan text and map to designate the land area included within the boundaries of the Lionshead Redevelopment Master Plan as being regulated in terms of land use by the Lionshead Redevelopment Master Plan. The purpose of this meeting is to allow the staff to present revised Vail Land Use Plan text and a revision to the Vail Land Use Plan Map. III. BACKGROUND The Town of Vail Land Use Pan was adopted on November 18, 1986, with the purpose of articulating land use goals and guiding future decisions regarding land use within the Town. Accompanying the Plan is a map which identifies in a spatial format the location of the Land Use Categories identified in the Plan. The Vail Land Use Plan and map have been updated several times. Most recently, in association with the Vail’s Front Door project. Section V of this memorandum will 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 13, 2006 SUBJECT: A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05-0098) Applicant: Town of Vail Planner: Warren Campbell ______________________________________________________________________ I. SUMMARY The applicant, Town of Vail, is requesting a recommendation from the Planning and Environmental Commission regarding an amendment to the Vail Land Use Plan text and map to designate the land area included within the boundaries of the Lionshead Redevelopment Master Plan as being regulated in terms of land use by the Lionshead Redevelopment Master Plan. Staff is asking the Commission to listen to a presentation on the proposed Vail Land Use Plan text and map amendments. Upon completion of the presentation, staff is requesting that Commission engages in a discussion with the staff and provide their input and feedback on the proposal and then forward a approval recommendation of to the Town Council on the proposed text and map amendments. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a recommendation from the Planning and Environmental Commission regarding an amendment to the Vail Land Use Plan text and map to designate the land area included within the boundaries of the Lionshead Redevelopment Master Plan as being regulated in terms of land use by the Lionshead Redevelopment Master Plan. The purpose of this meeting is to allow the staff to present revised Vail Land Use Plan text and a revision to the Vail Land Use Plan Map. III. BACKGROUND The Town of Vail Land Use Pan was adopted on November 18, 1986, with the purpose of articulating land use goals and guiding future decisions regarding land use within the Town. Accompanying the Plan is a map which identifies in a spatial format the location of the Land Use Categories identified in the Plan. The Vail Land Use Plan and map have been updated several times. Most recently, in association with the Vail’s Front Door project. Section V of this memorandum will 1 go into greater detail on the contents of the Plan. IV.ROLES OF THE REVIEWING BOARDS Vail Land Use Plan Amendments Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Design Review Board: Action: The Design Review Board has no review authority on Land Use Plan amendments. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of a Vail Land Use Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. V. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan (in part) The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these 2 goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The Vail Land Use Plan contains the following goals: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and permanent recreational uses to serve both the visitor and the resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.5 Commercial strip development of the Valley should be avoided. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision- making process. 1.9 National Forest land which is exchanged, sold or otherwise falls into private ownership should remain as open space and not be zoned for private development. 3 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.6 An additional golf course is needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 4 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned “street happenings” should be encouraged. 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c) New development should be controlled to limit commercial uses. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5 5.2 Quality time-share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Sub-section 8.3.C of the Vail Land Use Plan outlines the amendments procedures for proposed changes to the Plan. The amendment process is one which is intended to assure the Plan’s effectiveness with periodic updates to reflect current thinking and changing market conditions. The process includes amendments which may be initiated in any of the following three ways: A. By the Community Development Department B. By the Planning and Environmental Commission or Town Council C. By the Private Sector Pursuant to Sub-section 8.3.C.2, in part, (an application initiated by the private sector), “Such applications will be considered at a meeting with the PEC. At the PEC public hearing, a recommendation shall be made to the Town Council, whereupon a decision shall then be rendered. To change the by this procedure, it shall be the responsibility of the applicant to clearly demonstrate how conditions have changed since the Plan was adopted, how the Plan is in error, or how the addition, deletion, or change to the Plan is in concert with the Plan in general. Such decision may include approval, approval with conditions, or denial. Amendments may be requested for changes to the goals and policies and/or Land Use Plan map. If such request is approved, such change shall be made to the Plan document and/or map. If such request is denied, no such request that is substantially the same as that previously denied shall be considered for a period of one year.” An amendment to the Vail Land Use Plan shall be approved by the Vail Town Council upon passage of a resolution. VI. PROPOSED MASTER PLAN AMENDMENTS To change the Vail Land Use Plan it will be the responsibility of staff to clearly demonstrate 1) how conditions have changed since the Plan were adopted; 2) OR how the Plan in error 3) how the addition, deletion, or change to the Plan are in concert with the Plan in general. 6 4. Warren Campbell ITEM/TOPIC: Appeal of the December 8, 2003, Planning and Environmental Commission denial of a request for a sign variance pursuant to Section 11-4A-1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Village 1st Filing. (5 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or modify the Planning and Environmental Commission's denial of a variance to Section 11- 4A-1, Signs Permitted in Zone District, Vail Town Code. BACKGROUND RATIONALE: On December 8, 2003, the Planning and Environmental Commission denied a request for a variance to Section 11-4A-1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro along East Meadow Drive. The applicant has submitted an appeal of the Planning and Environmental Commission's denial. Please refer to the staff memorandum for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Planning and Environmental Commission's denial of the requested variance to Section 11-4A-1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Village 1st Filing. 5. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 3, Series of 2004, an Matt Mire ordinance vacating that platted public right-of-way between Lots P-3 & j, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive; and setting forth details in regard thereto (5 min.) 6. Lorelei Donaldson ITEM/TOPIC: Approval of Ford Park User Fees (5 min.) 7. Rick Chastain ITEM/TOPIC: The Pro Cycling tour team is planning a trip to Vail and would like to give an update to the Town Council (15 min.) 8. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) 9. Adjournment (8:15P.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, FEBRUARY 17, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, FEBRUARY 17, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2601 voice or 479-2356 TDD for information. TOWN COUNCIL EVENING MEETING 6:00 P.M. TUESDAY, FEBRUARY 17, 2004 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. Dwight Henninger ITEM/TOPIC: Recognition of Vail dispatchers Sharon Farmer and Amy Gray. Farmer was recently awarded a Life Saving Award from the Eagle County Sheriff's Office and the Vail Police Department's Bronze Wreath of Meritorious Service, while Gray received the Vail Police Department's Certificate of Commendation (5 min.) 2. ITEM/TOPIC: Citizen Participation (5 min.) 3. ITEM/TOPIC: Consent Agenda Stan Zemler A. Resolution No. 9, Series of 2004, CML (5 min.) George Ruther B. Resolution No. 10, Series of 2004, a resolution authorizing the Town Manager to sign a bargain and sale deed, for good and valuable consideration, in hand paid or received, to hereby sell and convey a certain vacated potion of platted right-of- way between Lots P-3and J, Block 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive, that is described on Exhibit A attached hereto and made part hereof, with all its appurtenances, to Vail Associates Holdings, LTD., a Colorado corporation, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 10, Series of 2004. BACKGROUND RATIONALE: On February 3, 2004, the Vail Town Council approved Ordinance No. 3, Series of 2004, an ordinance vacating that platted public right-of-way between Lots P-3 & j, Block 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive; and setting forth details in regard thereto. Upon approval of Ordinance No. 3, Series of 2004, the next step in the conveyance process is to now execute the bargain and sale deed of the vacated right-of-way and record the final plat at the Office of the Eagle County Clerk & Recorder. 4. Greg Hall ITEM/TOPIC: Vail Village Streetscape Bid Award for 2004-2005 (15 min.) ACTION REQUESTED OF COUNCIL: Approve/ Deny Vail Village Streetscape Project Bid BACKGROUND RATIONALE: The Town of Vail and Eagle River Water Sanitation District cooperatively have designed and bid construction improvements in Vail Village. These improvements include the replacement of utility lines, drainage system improvements, installation of a snowmelt system and final streetscape treatment for Bridge Street, Wall Street, Earl Eaton Plaza, Hanson Ranch Road from Seibert Circle to Hanson Ranch Chute and Gore Creek Drive from Wall Street to Mill Creek. The Town of Vail has received three bids for the "Vail Village Streetscape Project". The bids received are as follows: Vail Village Streetscape Project Bids Base Bid Alternate A Base Bid With Alt A B& B Excavating $ 6,298,220.06 $ 35,945.00 $ 6,290,867.04 Gould Construction $ 8,009,020.15 $ 37,980.00 $ 7,904,800.15 American Civil Constructors $ 8,207,569.00 $ (80,000.00) $ 7,947,069.00 Designer Estimate $ 5,902,780.80 $ 115,000.00 $ 6,009,605.80 The Project is scheduled to begin construction staging April 12tH 2004 with full excavation to begin April 19th 2004. The project will continue in a spring and fall construction sequence for the next 2 years 2004-20005. The project will also include the construction of a restroom underneath Vendettas' deck, (it is not included in the bid, nor the project budget, but estimated to be $350,000). The Streetscape Design Committee reviewed the bid and recommends the council direct the Town Manager to execute a contract t with B & B Excavating up to $ 6,650,000, to construct the utility, drainage, snowmelt and streetscape improvements including a public bathroom underneath Vendettas deck. STAFF RECOMMENDATION: Direct the Town Manager to execute with B&B Excavating a contract up to $6,650,000 and supplement the streetscape budget an additional $ 250,000 for the unbudgeted restroom from other project account savings. 5. Greg Hall ITEM/TOPIC: Purchase six transit buses from Orion Bus Todd Scholl Industries (10 min.) ACTION REQUESTED OF COUNCIL: Approve/ Deny Purchase of six transit buses. BACKGROUND RATIONALE: The Town signed a contract to purchase eight buses in June, 2002, from Orion Bus Industries. The contract has an "options" clause that allows us to purchase up to fifteen additional coaches within five years with the price being adjusted by the CPI index for Series ID 1413 Trucks and Buses. The original contract price was $293,000 per bus, the current proposal is $298,980 per bus which is a net increase of just over 2%. The total contract price for the six buses will be $1,793,880. The Town has secured two FTA grants (2003 & 2004) of approx. $1,420,900 for a net cost to the Town of $372,980. The six buses that are being replaced are 1990, 1991 & 1992 model years and only one of the buses being replaced is ADA compliant. The FTA's minimum life expectancy is 12 years for a bus. These buses will complete the replacement of the older 35' conventional buses the Town operates and reduces the bus fleet size by 2 buses, per the budget reduction measures of 2003. The newer buses will have cleaner burning engines and will meet all ADA requirements. The Town has budgeted in capital projects for four buses to be replaced in 2004 and two in 2005, the delivery of the buses is one year from the contract signing. The Town has also budgeted a Hybrid in-town bus for 2005, and I hope to have a demo in Vail in the near future. STAFF RECOMMENDATION: Purchase six transit buses from Orion Bus Industries. 6. Matt Gennett ITEM/TOPIC: Appeal of the December 8, 2003, Planning and Environmental Commission (PEC) denial of a request for a setback variance, pursuant to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd Filing (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or modify the Planning and Environmental Commission's denial of a variance to Section 12- 6D-6, Setbacks, Vail Town Code. BACKGROUND RATIONALE: On December 8, 2003, the Planning and Environmental Commission denied a request for a variance to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd Filing. The PEC's denial of the applicant's request was based upon the applicant's self imposed hardship and that a grant of special privilege would occur if a variance were to be granted. The applicant has submitted an appeal of the Planning and Environmental Commission's denial. Please refer to the attached Planning and Environmental staff memorandum from the December 8, 2003 meeting for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Planning and Environmental Commission's denial of the requested variance to Section 12-6D-6, Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd Filing. 7. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) Council Retreat Update Adjournment (7:30 P.M.) 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, MARCH 2, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, MARCH 2, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. TOWN COUNCIL EVENING MEETING AGENDA 6:00 P.M. TUESDAY, MARCH 2, 2004 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 (5 min.) • Approval of the February 2, 2004 and February 17, 2004 Evening Meeting Minutes. 3. ITEM/TOPIC: Proclamation 1, 2004. A Proclamation designating March 6, 2004 Helmut Pricker Day in Vail, Colorado (5 min.) 4. Kent Myers ITEM/TOPIC: Summer Air Service Update. United and Continental airlines proposals. (15 min.) 5. Bill Gibson ITEM/TOPIC: Proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) zone districts, and setting forth details in regard thereto (45 min.) ACTION REQUESTED OF COUNCIL: Listen to a staff presentation concerning the Planning and Environmental Commission's recommendation related to the proposed Gross Residential Floor Area (GRFA) text amendments and then solicit public input and questions. BACKGROUND RATIONALE: This is a continuation of the Town Council's February 3, 2004 discussions. 6. Leslie Pickling ITEM/TOPIC: Approval Vail Village Streetscape Art work (5 min.) ACTION REQUESTED OF COUNCIL: Vote to approve artwork MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 27, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment to Chapter 20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. (PEC06-00) Applicant: Town of Vail Planner: George Ruther I. SUMMARY The Town of Vail Community Development Department has identified a need to amend the process for zoning district determination of annexed areas, as prescribed in Chapter 12-20 of the Zoning Regulations. The current process results in an inordinate amount of time due to the two step process. If approved, this amendment will streamline the process for determining zoning of annexed areas by creating a concurrent review process. The purpose of this public hearing is to present the proposed text amendment for amending the zoning determination process for the Commission’s consideration. Staff is recommending that the Planning & Environmental Commission forwards a approval recommendation of of the proposed text amendment to the Vail Town Council. The criteria and findings that the Planning & Environmental Commission must consider when evaluating this request are outlined in Section V of this memorandum. II. DESCRIPTION OF THE REQUEST The Town of Vail Community Development Department is proposing a text amendment to Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. This amendment has been initiated by the Community Development Department in an effort to streamline and expedite the process for determining zoning of annexed areas. If approved, an application for zoning of annexed areas will be able to be considered simultaneously with an application for annexation. Presently, according to Section 12- 20-4, Zoning District Determination, Vail Town Code, an application for zoning of annexed areas shall only occur after the effective date of the annexing ordinance. Upon the adoption of the proposed amendment, the Zoning Regulations will no longer preclude the two ordinances ( zoning and annexing) from being reviewed at the same time. 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 27, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment to Chapter 20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. (PEC06-00) Applicant: Town of Vail Planner: George Ruther I. SUMMARY The Town of Vail Community Development Department has identified a need to amend the process for zoning district determination of annexed areas, as prescribed in Chapter 12-20 of the Zoning Regulations. The current process results in an inordinate amount of time due to the two step process. If approved, this amendment will streamline the process for determining zoning of annexed areas by creating a concurrent review process. The purpose of this public hearing is to present the proposed text amendment for amending the zoning determination process for the Commission’s consideration. Staff is recommending that the Planning & Environmental Commission forwards a approval recommendation of of the proposed text amendment to the Vail Town Council. The criteria and findings that the Planning & Environmental Commission must consider when evaluating this request are outlined in Section V of this memorandum. II. DESCRIPTION OF THE REQUEST The Town of Vail Community Development Department is proposing a text amendment to Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. This amendment has been initiated by the Community Development Department in an effort to streamline and expedite the process for determining zoning of annexed areas. If approved, an application for zoning of annexed areas will be able to be considered simultaneously with an application for annexation. Presently, according to Section 12- 20-4, Zoning District Determination, Vail Town Code, an application for zoning of annexed areas shall only occur after the effective date of the annexing ordinance. Upon the adoption of the proposed amendment, the Zoning Regulations will no longer preclude the two ordinances ( zoning and annexing) from being reviewed at the same time. 1 bold The proposed amendments are indicated in (additions) and strike-through (deletions) as follows: CHAPTER 20 Annexed Areas 12-20-1: APPLICABILITY: This Title shall be applicable to any area annexed to the Town subsequent to the effective date hereof. and zoning districts shall be initially imposed on the annexed area within the time prescribed in the annexing ordinance and in accordance with the provisions of this Chapter. (Ord. 23(1974) § 3: Ord. 8(1973) § 22.100) 12-20-2: ZONING DISTRICTS IMPOSED: An annexed area shall be divided into one or more zoning districts as established by An application for the imposition of zoning on the Section 12-4-1 of this Title. annexed area may be considered in conjunction with the annexing ordinance at any time after a petition for annexation has been found to be valid in accordance with CRS 31-12-107. The proposed zoning ordinance shall not be passed on final reading prior to the passage of the annexing ordinance on final reading. If an application for zoning determination is not reviewed in conjunction with the annexing ordinance, a final zoning district determination must be made within ninety days of the effective date of the annexing ordinance. (Ord. 13(1974) § 3: Ord. 8(1973) § 22.201) 12-20-3: DESIGNATED ON ZONING MAP: The zoning districts imposed on an annexed area shall be shown on a map which shall become an addition to the Official Zoning Map adopted by Section 12-5-1 of this Title. (Ord. 23(1974) § 3: Ord. 8(1973) § 22.202) 12-20-4: ZONING DISTRICT DETERMINATION: A. Hearing Date: After the effective date of an annexing ordinance, the Town Council by motion shall direct the Planning and Environmental Commission to set a date for a public hearing to consider the zoning districts to be imposed on the annexed area. The date of the public hearing for consideration of zoning on the annexed area shall be set in accordance with the applicable provisions of Chapter 3 of this Title. B. Notice; Conduct Of Hearing: Notice shall be given, the hearing shall be conducted, and a report of the Planning and Environmental Commission stating its findings and recommendations shall be transmitted to the Town Council in accordance with the applicable provisions of Chapter 3 of this Title. C. Council Action: Upon receipt of the report of the Planning and Environmental Commission, the Town Council shall determine the zoning districts to be imposed on the annexed area in accordance with the applicable provisions of subsections 12-3-7F and G of this Title. 2 D. Ordinance Enactment: The determination of zoning district by the Town Council shall be made through its enactment of an ordinance imposing zoning districts on the annexed area. (Ord. 23(1974) § 3: Ord. 8(1973) §§ 22.302–22.304) III. BACKGROUND On August 7, 1973, the Vail Town Council enacted Ordinance No. 8, Series of 1973, adopting the Zoning Regulations for the Town of Vail and dividing the Town into twelve zone districts as shown on the Official Zoning Map of the Town of Vail. On November 12, 1974, the Vail Town Council enacted Ordinance No. 23, Series of 1974, an emergency ordinance amending the Zoning Ordinance through the addition of provisions to make it applicable to areas subsequently annexed to the Town and for the imposition of zoning districts on annexed areas. The emergency ordinance was a result of the Bighorn Annexation in East Vail in 1974. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for finalapproval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. REVIEW CRITERIA 3 The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, The general and specific purposes of the Zoning Regulations are prescribed in Section 12-1-2, Purpose, of the Vail Town Code. The following purposes are listed in Section 12-1-2, “General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community.” As this request is for an amendment to the process for imposing zoning on annexed areas, Staff believes that each of the above-described purposes of the Zoning Regulations is applicable. As such, this amendment furthers the purposes of the Zoning Regulations. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, This text amendment, as proposed, is an effort to streamline and expedite the process for determining zoning of annexed areas. If approved, an application for zoning of annexed areas will be able to be considered simultaneously with an 4 7. Matt Gennett ITEM/TOPIC: Request to proceed through the development review process with a proposal to place a monument sign and landscaping improvements on a small portion of the soccer field site located adjacent to the eastern Northwoods entrance at 620 Vail Valley Drive (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: The Northwoods Condominium Association has submitted an application for design review to the Town of Vail Community Development Department to allow for extensive landscape improvements to occur on their property, located at 600 Vail Valley Drive/Pinos Del Norte. It is contemplated that a monument sign and a small area of landscape improvements will be located on the northwestern most tip of the Town of Vail soccer field site, located at 620 Vail Valley Drive/Tract & Lot A, Block 2, Vail Village 7th Filing. The Town of Vail (TOV) is the owner of the soccer field. As required by 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 approval for the applicant's request to proceed through the development review process. The monument sign and landscaping will have no impact on the soccer field or its use. 8. Matt Mire ITEM/TOPIC: First Reading of Ordinance 4, Series 2004. An Ordinance Amending Title Six of the Vail Town Code; Exempting Areas of Stephens Park from Town of Vail Requirements Regarding Pet Animal Owners' Immediate and Physical Control of Dogs; and Setting Forth Details in Regard Thereto (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 4, Series 2004. BACKGROUND RATIONALE: In 2003 the Council designated areas of Bighorn Park to allow dogs to be unleashed. At that time Council agreed to allow aone- yeartrial period for unleashed dogs at Stephens Park and that trial period has ended. Accordingly, Council requested an Ordinance for consideration to make Stephens Park an official dog park pursuant to the Town Code. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 4, Series 2004, on first reading. 9. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 5, Series 2004, an Ordinance Amending Title 4, Chapter 3, of the Municipal Code of the Town of Vail; Providing for Certain Amendments to the Town of Vail Sales Tax Code; and Setting Forth Details in Regard Thereto(5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 5, Series 2004. BACKGROUND RATIONALE: The jeopardy and assessment provision as proposed by this ordinance is consistent with state law and with other municipal tax codes, including our own ski lift tax. The amendment was requested by the Town Finance Department and will provide the Town of Vail Finance Director with more latitude in implementing and enforcing the Town's sales tax code in situations where a delay would jeopardize collection of the taxes due. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 5, Series 2004, on first reading. 10. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) Adjournment (8:00 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, MARCH 16, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, MARCH 16, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. EVENING MEETING 6:00 P.M. TUESDAY, MARCH 16, 2004 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. Rod Slifer ITEM/TOPIC: Review draft "Vail Conference Center Business Plan" (60 min.) ACTION REQUESTED OF COUNCIL: The purpose of this meeting is to introduce the draft Vail Conference Center Business Plan to the Vail Town Council and answer questions on the plan. No action is requested at this time. BACKGROUND RATIONALE: The first phase of the Vail Conference Center project is to complete a market analysis and a business plan for the facility. HVS Convention, Sports and Entertainment Facilities was selected by the Vail Town Council and the Conference Center Oversight Committee to prepare this study. The major goals of this study where to: 1. An accurate analysis of the market demand for a conference facility in Vail. 2. A comprehensive evaluation of the fiscal impacts of a conference facility in Vail. 3. The development of specific recommendations on the programmatic elements for the conference center that will meet the market demand for a conference facility in the future. 4. Development of a specific business plan for the Vail conference facility that will provide the most appropriate balance of generating the maximum economic benefit for the community while providing a financially sound plan for the operation of the conference facility. After the presentation on March 16th, the Conference Center Advisory Committee plans to meet with several investment bankers and develop a final recommendation for structuring the debt and creating a final cash flow model for the project. In addition, the Committee is receiving additional information on the cost associated with adding parking to the existing Lionshead Parking Structure. A preliminary cash flow model is included in the report but may change as additional information is received in the next 2-3 week. On April 6th, 2004 the Conference Committee plans to return to the Vail Town Council with a final recommendation on next steps for moving forward with the Conference Center. 3. Russ Forrest ITEM/TOPIC: Resolution No. 11, Series of Malcolm Murray 2004 approving the Lionshead Public Facilities Development Plan (20 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modification, or deny the Lionshead Public Facilities Development Plan. BACKGROUND The Vail Reinvestment Authority is requesting that the Town Council approve the Lionshead Public Facilities Development Plan based on the findings in section VII of the attached memorandum. The purpose of this plan is to facilitate the redevelopment of Lionshead by removing or curing covenants that may impede redevelopment and to generate revenue to pay for public improvements with tax increment financing. Staff has also developed an option to postpone the initiation of tax increment financing and not start a 25 year clock for bond financing. Therefore, two versions of the plan are provided in this proposal. Option 1 is to include the ability to implement tax increment financing and eliminate covenants that impede redevelopment at the owners consent and option 2 excludes TIF financing at this time. Staff is recommending that the Vail Town Council approve the Lionshead Public Facilities Development Plan using one of the two options mentioned in Section III of this memorandum. On February 23, 2004, the Planning and Environmental Commission unanimously found that the Lionshead Public Facilities Development Plan conforms to the Vail Comprehensive Plan. 4. Malcolm Murray ITEM/TOPIC: Request to approve of Resolution No. 12, Series of Russ Forrest 2004 approving the P-3 & J Reinvestment Plan (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the P3&J Reinvestment Plan. BACKGROUND The Vail Reinvestment Authority is requesting that the Vail Town Council approve the P-3 & J Reinvestment Plan based on the findings in section VII of the attached memorandum. The purpose of this plan is remove or cure covenants that may impede redevelopment of this property. Staff is recommending that the Vail Town Council approve the P-3& J Reinvestment. On February 23, 2004 the Planning and Environmental Commission unanimously found that the P-3 & J Reinvestment Plan conforms to the Vail Comprehensive Plan. 5. Russ Forrest ITEM/TOPIC: Request to approve of Resolution No. 13, Series of 2004 authorizing the Town Manger to remove certain protective covenants within Forest Court Subdivision. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or deny Resolution No. 13, Series of 2004 BACKGROUND: Vail Resorts has received approval for a new subdivision called Forest Court Subdivision located on Forest Road. Certain protective covenants exist on the site that prevents development of the property. These covenants can be modified by the mutual consent of the Town of Vail and Vail Resorts Inc. Vail Resorts has already begun to remove ski operation facilities on the site and would like to begin installation of infrastructure for the new subdivision within the year. This area is not part of the Lionshead Urban Renewal Area. 6. Russ Forrest ITEM/TOPIC: Request to approve of Resolution 14, Series of 2004 that would authorize the Town Manger to modify certain protective covenants on 601 Forest Road on a parcel of land owned by the Town of Vail (30 min.) ACTION REQUESTED OF COUNCIL: Approve or deny Resolution 14, Series of 2004 BACKGROUND Vail Resorts conveyed a portion of 601 Forest Road to the Town of Vail on January 20, 2000. In this conveyance Vail Resorts modified certain protective covenant on the land. Resolution 14, Series of 2004 would authorize the Town Manager to reestablish certain protective covenants that would keep the property as wetlands and allow the Town to take reasonable care for the site. It would also allow certain types of trails that do not involve structures or board walks to be created on the site. This land is zoned Natural Area Preservation and is already dedicated open space. These changes in the covenants have been requested by adjacent property owners. Given the zoning on the land, the existence of wetlands on the site, and the open space designation of the property, staff recommends approval of Resolution 14, Series of 2004. 7. Pam Brandmeyer ITEM/TOPIC: Fly Vail Summer/Continental Airlines Pledge Kent Myers (5 min.) STAFF RECOMMENDATION: Make a motion to continue the Council's "pledge" by a letter of intent the $10,000 at this time, and in September, should a cash subsidy be required from the town, at that time proceed with a supplemental appropriation, thus equalizing the Town of Vail's commitment and risk to the other various funding stakeholders. 8. Dwight Henninger ITEM/TOPIC: Update on I-70 Mitigation Measures (15 min.) Stan Zemler Greg Hall BACKGROUND: On Dec. 2, 2003, the Vail Town Council voted 5-1 to table to March 16, 2004 second reading of an ordinance banning the use of engine brakes along I-70 through Vail. The legislation was originally introduced to call attention to the issue of I-70 noise and to signify the Town Council's intent to take aggressive and proactive measures to reduce highway noise, which is impacting Vail's quality of life and its economic vitality. In lieu of approving an immediate ban on engine brakes, the Town Council agreed to pursue astaff-recommended collaborative approach involving the Colorado Motor Carriers Association, the Colorado Department of Transportation, the Town of Vail and other agencies as a first step. A Memorandum of Understanding (MOU) between the Town of Vail and the Colorado Motor Carriers Association was subsequently signed on Dec. 3, 2003 which provides a framework for the comprehensive actions. The measures include ayear-long education and traffic enforcement program, noise and speed monitoring, and pursuit of a noise mitigation demonstration project. The purpose of tonight's presentation is to provide the Town Council with an update on the activities. REQUESTED ACTION OF THE TOWN COUNCIL: Review the actions to date, provide comment, and authorize the Town Manager to approve a contract of up to $90,000 with Hankard Environmental of Ft. Collins for noise monitoring and development of a noise mitigation demonstration project. Funding for this project is contained in the 2004 capital projects budget. STAFF RECOMMENDATION: 1) Approve authorization of a noise monitoring and mitigation contract of up to $90,000 with Hankard Environmental; 2) Authorize the town manager to continue with the alternative actions outlined in the Memorandum of Understanding between the TOV and the Colorado Motor Carriers Association; 3) Schedule date for next quarterly review. 9. Pam Brandmeyer ITEM/TOPIC: New Appointments (20 min.) Building and Fire Codes Appeals Board (B&FCA) 1 board vacancy fora 2 year term and 1 alternate vacancy • Thomas DuBois • Rich Seth Planning and Environmental Commission (PEC) 5 vacancies to be filled, 4 positions to be filled are for 2-year terms and **one position will be fora 1-year term • Anne Fehlner-Gunion • Joe Hanlon • Bill Jewitt • Roland (Rollie) Kjesbo • George Lamb • Steve Lindstrom • David D. Viele Design Review Board (DRB) 3 vacancies to be filled, each are for 2 year terms • Scott Proper • Margaret Garvey Rogers Art in Public Places (AIPP) 3 vacancies to be filled, each are for 3 year terms • Millie Aldrich • Barbie Christopher • Pamela Hopkins • Tim Moffet • William Rey • Dan Telleen 10. Leslie Pickling ITEM/TOPIC: Art in Public Places (AIPP) Year End Review (15 min.) 11. Larry Pardee ITEM/TOPIC: Slurry Seal Street Improvements Project (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- weatherand skid resistance surface to our streets. All public streets in Intermountain and Matterhorn Districts will be Slurry Sealed. Intermountain Slurry Seal Inc bid is within budget. Staff recommends awarding the project to Intermountain Slurry Seal Inc. The Project is scheduled to begin sometime in mid June 2004 and completed before the 4th of July. Bids: Contractor Total Bid ~ Intermountain Slurry Seal Inc. (Utah) $ 72,000.00 Quality Paving (Denver) $ 79,352.75 Intermountain Pavement Preservation $118,831.25 (Denver) TOV 2004 Capital Street Maintenance $ 80,000.00 Budget RECOMMENDATION: 5 The Public Works Department recommends awarding the project to Intermountain Slurry Seal Inc. 12. Matt Mire ITEM/TOPIC: First Reading of Ordinance 8, Series 2004, an Dwight Henninger Ordinance Amending Title 6, Chapter 3, "GENERAL OFFENSES," Buck Allen of The Municipal Code of The Town of Vail; Providing for the Addition of "Article I. Violation of Restraining Order"; and setting forth details in regard thereto (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 8, Series 2004, on first reading. BACKGROUND RATIONALE: Currently, there is no provision in the town's criminal code which addresses a violation of a restraining order. Adding this violation to the town's police regulations will allow both the police department and the municipal court to more effectively enforce the town code and deal with offenders who violate lawful orders of this type. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 8, Series 2004, on first reading 13. Matt Mire ITEM/TOPIC:: First Reading of Ordinance 9, Series Dwight Henninger 2004, an Ordinance Amending Title 6, Chapter 3, Article A, of The Municipal code of The Town of Vail; Providing for Certain Amendments to the Town of Vail Police Regulations Relating to Offenses by or Against Public Officers and Government; and Setting Forth Details in Regard thereto (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 9, Series 2004, on first reading. BACKGROUND RATIONALE: Currently, there is no provision in the town's criminal code which addresses a violation of bail bond conditions. Adding this violation to the town's police regulations will allow both the police department and the municipal court to more effectively enforce the town code and deal with offenders who fail to comply with conditions imposed upon them by the municipal court. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 9, Series 2004, on first reading. 14. Stan Zemler ITEM/TOPIC: Second Reading of Ordinance No. 28, Series of Dwight Henninger 2003, an Ordinance Prohibiting the Use of Dynamic Braking Greg Hall Devices on a Certain Section of Interstate Highway 70 within the Town of Vail and Setting Forth Details in Regard Thereto. (5 min.) BACKGROUND: On Dec. 2, 2003, when the Vail Town Council voted 5-1 to table second reading of this ordinance to March 16, 2004, it did so with the understanding the ordinance would be deferred so long as significant progress is achieved in reducing highway noise through other means, such as the Memorandum of Understanding (MOU) between the Town of Vail and the Colorado Motor Carriers Association signed Dec. 3, 2003. However, to meet legal notification requirements, second reading of Ord. No. 28, Series of 2003, must come before the Town Council on this, its scheduled date for disposition. ACTION REQUESTED OF COUNCIL: Bring closure to this ordinance in one of the following manners: 1) table to a future date; 2) vote on a motion to support or reject; or 3) allow ordinance to fail due to lack of a motion. STAFF RECOMMENDATION: The I-70 update presented earlier in the evening will demonstrate significant progress in addressing the Town Council's objective, thus, making it unnecessary to follow through with implementation of the legislation at this time. 15. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. 4, Amending Title 6 of the Vail Town Code; exempting Areas of Stephens Park from Town of Vail Requirements Regarding Pet Animal Owners' Immediate and Physical Control of Dogs; and Setting forth Details in Regard thereto (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 4, Series 2004 on second reading. BACKGROUND RATIONALE: In 2003 the Council designated areas of Bighorn Park to allow dogs to be unleashed. At that time Council agreed to allow cone-year trial period for unleashed dogs at Stephens Park and that trial period has ended. Accordingly, Council requested an Ordinance for consideration to make Stephens Park an official dog park pursuant to the Town Code. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 4, Series 2004, on second reading. 16. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. 5, Series 2004, an Ordinance Amending Title 4, Chapter 3, of the Municpal Code of the Town of Vail; Providing for Certain Amendments to the Town of Vail Sales Tax Code: and Setting Forth Details in Regard thereto (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 5, Series 2004. BACKGROUND RATIONALE: The jeopardy and assessment provision as proposed by this ordinance is consistent with state law and with other municipal tax codes, including our own ski lift tax. The amendment was requested by the Town Finance Department and will provide the Town of Vail Finance Director with more latitude in implementing and enforcing the Town's sales tax code in situations where a delay would jeopardize collection of the taxes due. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 5, Series 2004, on second reading. 17. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) Adjournment (9:55 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, APRIL 6, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, APRIL 6, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. EVENING MEETING 6:00 P.M. TUESDAY, APRIL 6, 2004 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. Elizabeth Hoffman, ITEM/TOPIC: President of the University of Colorado, will Ph.D. provide a brief update of the economic development efforts and financial challenges facing Colorado public higher education (15 minutes). 3. ITEM/TOPIC: Consent Agenda (5 min.) Approval of March 2, 2004 & March 16, 2004 Minutes 4. Gregg Barrie ITEM/TOPIC: Pirate Ship Park Design Approval (10 min.) Todd Oppenheimer ACTION REQUESTED OF COUNCIL: Approval of Proposed Site Plan for final design work, preparation of construction documents, and final pricing. BACKGROUND RATIONALE: Per the direction provided by the Town Council on December 16, 2003, Staff has prepared a Site Plan for Pirateship Park. The plan includes an area for swings as requested and also recommends low level lighting to improve safety and security. STAFF RECOMMENDATION: Approve the Proposed Site Plan as submitted with swings and lighting recommendations. 5. Warren Campbell ITEM/TOPIC: Request to proceed through the development review Chip Melick process with a proposal to perform landscaping improvements, relocate a public easement and construct private improvements on 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 Manor Vail Resort to apply for landscaping improvements to the tennis court site along Vail Valley Drive, relocate the existing pedestrian easement leading from Vail Valley Drive to Ford Park, and to construct private improvements on Town property along Gore Creek in conjunction with their Special Development District (SDD) application. Since Manor Vail Resort is proposing to MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 24, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson _____________________________________________________________________ I. SUMMARY The purpose of today’s work session hearing with the Planning and Environmental Commission is to establish the parameters by which the proposed Lion Square Lodge North will be reviewed and evaluated by the Planning and Environmental Commission. Additionally, today’s work session hearing will allow the applicant an opportunity to present the Commission with an introduction to the major exterior alteration application for the proposed Lion Square Lodge North renovation. The desired outcomes of this hearing are as follows: ? For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Redevelopment Master Plan; and ? For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Mixed Use 1 District; and ? For the Commission to understand the general elements of the applicant’s renovation proposal. ? For the Commission to provide the applicant with initial feedback on the proposed bulk, mass, height, setbacks, architectural style, parking and circulation, compatibility with the neighborhood, off-set of development impacts, etc. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. The Planning and Environmental Commission will be asked to provide initial feedback to the applicant regarding the proposal. Staff and the applicant request table that the Planning and Environmental Commission the applicant’s request for further review at the Commission’s May 8, 2006, public hearing. 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 24, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson _____________________________________________________________________ I. SUMMARY The purpose of today’s work session hearing with the Planning and Environmental Commission is to establish the parameters by which the proposed Lion Square Lodge North will be reviewed and evaluated by the Planning and Environmental Commission. Additionally, today’s work session hearing will allow the applicant an opportunity to present the Commission with an introduction to the major exterior alteration application for the proposed Lion Square Lodge North renovation. The desired outcomes of this hearing are as follows: ? For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Redevelopment Master Plan; and ? For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Mixed Use 1 District; and ? For the Commission to understand the general elements of the applicant’s renovation proposal. ? For the Commission to provide the applicant with initial feedback on the proposed bulk, mass, height, setbacks, architectural style, parking and circulation, compatibility with the neighborhood, off-set of development impacts, etc. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. The Planning and Environmental Commission will be asked to provide initial feedback to the applicant regarding the proposal. Staff and the applicant request table that the Planning and Environmental Commission the applicant’s request for further review at the Commission’s May 8, 2006, public hearing. 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 24, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson _____________________________________________________________________ I. SUMMARY The purpose of today’s work session hearing with the Planning and Environmental Commission is to establish the parameters by which the proposed Lion Square Lodge North will be reviewed and evaluated by the Planning and Environmental Commission. Additionally, today’s work session hearing will allow the applicant an opportunity to present the Commission with an introduction to the major exterior alteration application for the proposed Lion Square Lodge North renovation. The desired outcomes of this hearing are as follows: ? For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Redevelopment Master Plan; and ? For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Mixed Use 1 District; and ? For the Commission to understand the general elements of the applicant’s renovation proposal. ? For the Commission to provide the applicant with initial feedback on the proposed bulk, mass, height, setbacks, architectural style, parking and circulation, compatibility with the neighborhood, off-set of development impacts, etc. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. The Planning and Environmental Commission will be asked to provide initial feedback to the applicant regarding the proposal. Staff and the applicant request table that the Planning and Environmental Commission the applicant’s request for further review at the Commission’s May 8, 2006, public hearing. 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 24, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the renovation of the Lion Square Lodge North, located at 660 West Lionshead Place/Lot 8, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0019) Applicant: Lion Square Lodge North Condominium Association, represented by Viele Development Planner: Bill Gibson _____________________________________________________________________ I. SUMMARY The purpose of today’s work session hearing with the Planning and Environmental Commission is to establish the parameters by which the proposed Lion Square Lodge North will be reviewed and evaluated by the Planning and Environmental Commission. Additionally, today’s work session hearing will allow the applicant an opportunity to present the Commission with an introduction to the major exterior alteration application for the proposed Lion Square Lodge North renovation. The desired outcomes of this hearing are as follows: ? For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Redevelopment Master Plan; and ? For the Commission to understand how the proposed renovation to the Lion Square Lodge North is regulated by the Lionshead Mixed Use 1 District; and ? For the Commission to understand the general elements of the applicant’s renovation proposal. ? For the Commission to provide the applicant with initial feedback on the proposed bulk, mass, height, setbacks, architectural style, parking and circulation, compatibility with the neighborhood, off-set of development impacts, etc. The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time. The Planning and Environmental Commission will be asked to provide initial feedback to the applicant regarding the proposal. Staff and the applicant request table that the Planning and Environmental Commission the applicant’s request for further review at the Commission’s May 8, 2006, public hearing. 1 II. DESCRIPTION OF THE REQUEST The applicant is has submitted a Major Exterior Alteration application to allow for the construction of 9 new dwelling units, 47 new structured and surface parking spaces, and a significant re-face of the existing Lion Square Lodge North building located 660 West Lionshead Place. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). Lion Square Lodge North is located within the Lionshead Redevelopment Master Plan area and within the Lionshead Mixed Use 1 Zone District. The purpose of this work session is to provide the Planning and Environmental Commission with information from the Town’s regulatory documents addressing how the proposed Lion Square Lodge North renovation will be reviewed. Please refer to Section V of this memorandum. Additionally, this work session will provide the applicant an opportunity to introduce the Lion Square Lodge renovation proposal to the Commission and the Commission to provide initial feedback to the applicant. The applicant’s preliminary zoning analysis (Attachment B), the applicant’s preliminary master plan analysis (Attachment C), and proposed architectural plans (Attachment D) have been attached for reference. A letter from an adjacent property owner has also been attached (Attachment F). The attached letter makes reference to a private sales agreement between Montaneros and Lion Square Lodge North. Please be aware that the Town of Vail has no legal authority or obligation to interpret, mediate, enforce, etc. any private agreement, contract, covenant, etc. The Planning and Environmental Commission may only review the proposed Lion Square Lodge North proposal within the parameters of the Vail Town Code and the adopted Master Plans. III. BACKGROUND The Lion Square Lodge North site was annexed into the Town of Vail in August of 1969. According to Eagle County records, the existing 27 dwelling unit Lion Square Lodge North was originally constructed in 1974. According to Town of Vail records, a temporary Certificate of Occupancy was issued in April of 1975 and the final Certificate of Occupancy was issued in July of 1976. Only minor repairs and renovations have occurred since the original construction. The property was originally zoned Commercial Core 2 District and was rezoned to Lionshead Mixed Use 1 District in 1999. IV.ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff in review this major exterior alteration application: A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district 2 Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission’s approval “shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping.” Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board’s decision. V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Lion Square Lodge North proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: Introduction 2.1 Purpose of the Master Plan ? 3 2.2 Definition of a Master Plan ? 2.3 Policy Objectives ? 2.3.1 Renewal and Redevelopment ? 2.3.2 Vitality and Amenities ? 2.3.3 Stronger Economic Base Through Increased Live ? Beds 2.3.4 Improved Access and Circulation ? 2.3.5 Improved Infrastructure ? 2.3.6 Creative Financing for Enhanced Private Profits and ? Public Revenues Chapter 4: Master Plan Recommendations – Overall study Area 4.1 Underlying Physical Framework of Lionshead ? 4.1.1 Lionshead Master Plan Concept ? 4.1.5 West Lionshead – Residential/Mixed-Use Hub ? 4.3 Connections to the Natural Environment ? 4.3.1 Visual Connections ? 4.3.1.2 North-South Orientation of Buildings ? 4.6 Vehicular and Pedestrian Circulation ? 4.6.4 Modifications to West Lionshead Circle and ? Lionshead Place 4.6.4.1 East Intersection of W. Lionshead Circle ? and South Frontage Road 4.6.4.2 Intersection of Lionshead Place and West ? Lionshead Circle 4.6.4.3 Pedestrian Sidewalks and Crossings ? 4.6.4.4 Visual Improvements ? 4.7 Loading and Delivery ? 4.7.1 Properties with Direct Service Access ? 4.8 Parking ? 4.8.2 Residential Properties ? 4.9 Housing ? 4.9.3 Policy Based Housing Opportunities ? 4.10 Gateway, Landmarks, and Portals ? 4.10.1 Gateways and Portals ? 4.10.2 Landmarks ? 4.11 Public Art ? Chapter 5, Detailed Plan Recommendations 5.12 Lion Square Lodge ? 5.12.1 Traffic Concerns ? 4 5.12.2 Pedestrian Connection between the Main Building ? and the North Building 5.12.3 Ski Yard Pedestrian Access ? 5.12.4 Potential Development and Redevelopment ? Scenarios Chapter 6, Site Design Guidelines 6.3 Primary Pedestrian Walk ? 6.6 Pedestrian Path ? 6.8 Primary Pedestrian Walk ? Chapter 7, Design Standards 7.1 Landscape Area ? 7.2 Site Coverage ? 7.3 Setbacks ? 7.4 GRFA ? 7.5 Density (Dwelling Units Per Acre) ? 7.6 New Unit Definition ? 7.7 Building Height ? Chapter 8, Architectural Design Guidelines 8.1 Vision Statement ? 8.2 Organization, Purpose and Scope ? 8.3 New and Existing Structures ? 8.4 Design Guidelines ? 8.4.1 Planning Considerations ? 8.4.2 Architecture ? 8.4.2.1 Introduction ? 8.4.2.2 Building Form and Massing ? 8.4.2.3 Building Height ? 8.4.2.4 Exterior Walls ? 8.4.2.5 Exterior Doors and Windows ? 8.4.2.6 Balconies, Guardrails, and Handrails ? 8.4.2.7 Roofs ? 8.4.2.8 Fireplaces and Chimneys ? 8.4.2.9 Details ? Zoning Regulations Lionshead Mixed Use – 1 Zone District 12-7H-1: PURPOSE: 5 The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 zone district, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: 6 Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3- 4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: 7 A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3- 4 of this Title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. Time-share units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Bed and breakfast as further regulated by Section 12-14-18 of this Title. Brew pubs. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. 8 Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized 9 construct and alter 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 Planning and Environmental Commission and Design Review Board applications. The review process for creating a new SDD requires the Planning and Environmental Commission to forward a recommendation of approval or denial to the Council. If Council were to approve the SDD it would require two public readings of an ordinance to establish the SDD. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council give Manor Vail Resort and their representative further direction on this matter to proceed through the design review process. 6. Bill Gibson ITEM/TOPIC: Appeal of the March 8, 2004, Planning and Environmental Commission (PEC) approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. This variance request is associated with Vail Resorts Development's snowcat access relocation proposal (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, modify, or overturn the Planning and Environmental Commission's approval of a variance from Chapter 14-6, Grading Standards, Vail Town Code. BACKGROUND RATIONALE: On March 8, 2004, the Planning and Environmental Commission approved a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height in association with Vail Resorts Development's proposed snowcat access relocation proposal. On March 16, 2004, the Vail Town Council "called-up" the Planning and Environmental Commission's approval of the variance request. Please refer to the attached March 8, 2004, Staff memorandum to the PEC for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Planning and Environmental Commission's approval of the requested variance to Chapter 14-6, Grading Standards, Vail Town Code. 7. Rod Slifer ITEM/TOPIC: Update on Vail Conference Center and a request Russ Forrest issue an RFP for an owners representative (30 min.) ACTION REQUESTED OF COUNCIL: The Vail Conference Center Advisory Committee is requesting that the Vail Town Council authorize Town staff to issue an RFP for an owner's representative for the Vail Conference Center. In addition, the Committee would like to provide an update to the Council on progress to date on developing a recommendation for financing the facility. BACKGROUND RATIONALE: On March 16th, 2004 HVS provided an overview of the Business Plan to the Vail Town Council. On March 30th, 2004 the Conference Center Advisory Committee interviewed the following four investment bankers: Kirkpatrick Pettis„ Hanifen Imhoff„ Piper Jaffray, and ,George K. Baum (Steve Jeffers). The Committee is continue to follow-up with questions with these investment bankers. The Committee is requesting that the Vail Town Council authorize Town staff to issue an RFP for an owner's representative consultant. The attached RFP is broken into two phases: pre construction and construction. This RFP would determine the level of interest and the costs associated with the attached scope of service. It would not commit the Town to entering into a contract or moving forward with the project. The Committee would like to begin the search process now while a final recommendation for financing the project is being completed. The Committee would not propose hiring an owners representative until the Vail Town Council reviews and approves a plan for financing the project. 8. Judy Camp ITEM/TOPIC: First reading of Ordinance No. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund Dispatch Services Fund and Marketing Fund for the 2004 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. (15 min.) ACTION REQUESTED OF COUNCIL: Approve first reading of Ordinance No. 7 BACKGROUND RATIONALE: Provided separately STAFF RECOMMENDATION: Approve first reading of Ordinance No. 7 9. George Ruther ITEM/TOPIC: First reading of Ordinance No. 11, Series of 2004, an Matt Mire ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing"; and setting forth details in regard thereto (15 min.) 3 ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No.11, Series of 2004, upon first reading BACKGROUND RATIONALE: Pursuant to the Vail Town Charter, the Vail Town Council shall only transfer or convey interest in real property held by the Town of Vail via the adoption of an ordinance approving the conveyance. The purpose of Ordinance No. 11, Series of 2004, is to comply with the applicable provisions of the Vail Town Charter in the vacating of a certain subterranean portion of Town-owned public right-of-way. Through the adoption of Ordinance No.11 and the recording of the accompanying exhibit to the ordinance, the Vail Town Council will vacate a portion of subterranean right-of-way to allow for the construction of a new underground private parking structure beneath Hanson Ranch Road. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 11, Series of 2004, upon first reading. 10. Matt Mire ITEM/TOPIC: Second Reading of Ordinance 8, Series 2004, an Buck Allen Ordinance Amending Title 6, Chapter 3, "GENERAL OFFENSES," of The Municipal Code of The Town of Vail; Providing for the Addition of "Article I. Violation of Restraining Order"; and setting forth details in regard thereto (5 min.) 11. Matt Mire ITEM/TOPIC: Second Reading of Ordinance 9, Series Buck Allen 2004, an Ordinance Amending Title 6, Chapter 3, Article A, of The Municipal code of The Town of Vail; Providing for Certain Amendments to the Town of Vail Police Regulations Relating to Offenses by or Against Public Officers and Government; and Setting Forth Details in Regard thereto (5 min.) 12. Dwight Henninger ITEM/TOPIC: Proclamation designating April 11, 2004, through April 17, 2004, to be National Public Safety Telecommunications Week (5 min.) 13. Pam BrandmeyerlTEM/TOPIC: New Appointments (20 min.) Design Review Board (DRB) 1 board vacancy fora 1 year term • Sherry Dorward • Diana Mathias Art In Public Places (AIPP) 1 board vacancy fora 1 year term • Millie Aldrich Dan Telleen 14. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) Adjournment 9:10 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 BEGIN AT 2 P.M. ON TUESDAY, APRIL 20, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, APRIL 20, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. 5 VAIL TOWN COUNCIL SPECIAL MEETING Thursday, April 15, 2004 4:00 P.M. IN Community Development Conference Room 75 S. Frontage Road Vail, CO AGENDA ITEM/TOPIC: Discussion of 4th of July Farmer's Market Venue BACKGROUND RATIONALE: On March 16, 2004, under the Town Manager's Report, the Town Council overturned the Town Manager's recommendation to hold the Farmer's Market on Willow Bridge Road as a regular Sunday summer venue but not to hold the event on Sunday, the 4th of July at that location. Question of proper notice was brought forward at the April 6 evening meeting under Citizen Participation, at which time Council moved to reconsider its decision of March 16. The motion on April 6 was to reconsider the March 16 decision which was two part: 1) Approve the Farmer's market venue in front of the Austria Haus on East Meadow Drive, thus rerouting buses each Sunday; 2) Allow this event to be held at that location on Sunday, July 4. This reconsideration was scheduled to be heard at Council's next regular meeting on April 20. The applicant, Rick Scalpello, then requested the item be tabled to May 4th for reconsideration as he would be out of town on April 20. STAFF RECOMMENDATION: Approve the Town Manager's original recommendation of disallowing the Farmer's Market on Sunday, July 4, on East Meadow Drive to the north of the Austria Haus. Ratify Council's previous decision to allow the Farmer's Market to be held at the location of East Meadow Drive, north of the Austria Haus on consecutive Sundays throughout the summer, but allow for some as yet unresolved exceptions, e.g., Procycling Tour. 2. ITEM/TOPIC: Commission on Special Events (CSE) Funding for This Year's Vail America Days (July 4tn) BACKGROUND RATIONALE: In December 2003, the CSE allocated $25,000 for the annual Vail America Days July 4th Celebration. Of this budget, $15,000 goes toward fireworks; $7,500 toward bringing the Washington High School Prep band from East Los Angeles to Vail; and the remaining $2,500 will support all other entertainment activities and programming. The event producer, Eagle Valley Events, Inc., has approached the CSE to request additional funding (budget attached) in order to produce an event of the caliber anticipated in Vail. The CSE will meet at their next regularly scheduled meeting Tuesday, April 20, to discuss this funding request. The CSE has $15,000 unallocated in 2004. STAFF RECOMMENDATION: Provide direction for the 2004 Vail America Days/July 4th celebration. Staff suggestions include, but are not limited to: 1. Recommend to the CSE to fund an additional $15,000 toward this event. 2. Give a letter of "high confidence" to Eagle Valley Events, Inc., that an additional one-time commitment of $10,000 will be considered at the Council's out-of-cycle contribution meeting on Tuesday, June 1, 2004. Should the event planner be successful in raising corporate sponsorship, the Town dollars would not be required. 3. Designate Vail America Days as one of the "culturally designated" events for future sponsorship consideration by the Vail Town council. 4. Give specific direction to the applicant as to type of programming and entertainment Council would like provided on July 4tn EVENING MEETING 6:00 P.M. TUESDAY, APRIL 20, 2004 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. Greg Hall ITEM/TOPIC: Village Streetscape Update (5 min.) Scott Bluhm 3. Dwight Henninger ITEM/TOPIC: The President's Volunteer Service Award is a recognition program for those who contribute a significant amount of time to volunteer service (10 min.) • Jeff Bey • Kyle Cureau • Frank D' Alessio • Michelle Hall • Werner Kaplan • Gilda Kaplan • Dave Luke • Jane Schmoll • Mabel Selak • Dick White • Charlene Zent 4. Bill Carlson ITEM/TOPIC: Mauri Nottingham Environmental Quality Award. (15 min.) • Tom Page • Eagle Valley Library District 5. Rod Slifer ITEM/TOPIC: Update on Vail Conference Center and a request to Merv Lapin move forward with recommended next steps for the conference Dave Pease center. (1 hour) Russ Forrest ACTION REQUESTED OF COUNCIL: Receive an update on the conference center and authorize the Conference Center Advisory Committee and staff to take a series of proposed next steps. BACKGROUND RATIONALE: The committee has continued to work with investment bankers on how to structure the financing for the conference center and pay for the anticipated operational deficit for the facility. On April Stn the Committee met again with: ^ Kirkpatrick Pettis, ^ Piper Jaffray, and ^ George K. Baum (Steve Jeffers) 1 All three firms have developed financial plans for both paying for the debt associated with a $42.5 million project. All three firms felt confident that they could fund both the debt service and still have money left to fund the projected operational deficit for the conference center while building an operational reserve. The Committee is requesting authorization from the Town Council to move forward with a series of next steps outlined in the staff memorandum. 6. Leslie Pickling ITEM/TOPIC: Approval of Vail Village Streetscape hand rails and guard rails (5 min.) ACTION REQUESTED OF COUNCIL: Vote to approve AIPP expenditure for hand rails and guard rails. BACKGROUND RATIONALE: Hand rails and guard rails are required for the Wall Street portion of the Vail Village Streetscape project. The Art in Public Places (AIPP) program is proposing to upgrade the standard pipe railings that are currently specified for the project and replace them with hand forged metal railings. High quality railings fabricated by a traditional blacksmith and designed by an artist will compliment Vail's alpine architecture and enhance the appearance of Wall Street. 7. Matt Gennett ITEM/TOPIC: Appeal of the March 3, 2004, Design Review Board (DRB) approval with conditions of a proposal to build a new single family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon, by the owner of lot 24B, Glen Lyon, Mr. Barry Cunningham. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, with conditions, or modify the DRB's approval with conditions of a new single family residence located at 1310 Greenhill Court/Lot 17, Glen Lyon. BACKGROUND RATIONALE: On March 17, 2004, the DRB approved with conditions an application, by Mr. John Purchase, to build a new single family residence on his property, Lot 17 of the Glen Lyon Subdivision. The DRB's condition of approval was formulated based on the testimony provided by the appellant, Mr. Barry Cunningham, who stated during the public hearing held on the aforementioned date that the proposed structure would have negative impacts on the enjoyment of his property due to its proximity to the property line shared by lots 17 and 24B. Despite the fact that Mr. Purchase's original plan had the structure within the required building envelope, the DRB imposed a condition that calls for the structure to be located 8'-9' back from the original location on-site. The DRB created and imposed the condition upon the applicant to address the issues raised by the appellant. STAFF RECOMMENDATION: Staff recommends that the Town Council uphold the DRB's approval with conditions of the proposed new residence located at 1310 Greenhill Court/Lot 17, Glen Lyon. 8. Bill Gibson ITEM/TOPIC: Appeal of the March 8, 2004, Planning and Environmental Commission (PEC) approval of a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. This variance request is associated with Vail Resorts Development's snowcat access relocation proposal. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, modify, or overturn the Planning and Environmental Commission's approval of a variance from Chapter 14-6, Grading Standards, Vail Town Code. BACKGROUND RATIONALE: On March 8, 2004, the Planning and Environmental Commission approved a request for a variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in height in association with Vail Resorts Development's proposed snowcat access relocation proposal. On March 16, 2004, the Vail Town Council "called-up" the Planning and Environmental Commission's approval of the variance request. Please refer to the attached March 8, 2004, Staff memorandum to the PEC for additional information. On April 6, 2004, the Town Council tabled this item to its April 20, 2004 meeting. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Planning and Environmental Commission's approval of the requested variance to Chapter 14-6, Grading Standards, Vail Town Code. 9. Judy Camp ITEM/TOPIC: 2nd reading of Ordinance No. 7, Series of 2004, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund Dispatch Services Fund and Marketing Fund for the 2004 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. (15 min.) 10. George Ruther ITEM/TOPIC: 2nd reading of Ordinance No. 11, Series of 2004, an Matt Mire ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch 3 Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing"; and setting forth details in regard thereto (30 min.) 11. John Power ITEM/TOPIC: Resolution No. 15, a Resolution adopting the correct version of the CIRSA bylaws and intergovernmental agreement and repealing any and all resolutions inconsistent herewith (5 min.) 12. Matt Mire ITEM/TOPIC: Resolution No. 16, a Resolution approving Greg Hall the P-3 Development Agreement (the "Agreement") between the Town of Vail (the "Town") and Vail Associates Holdings, Ltd., a Colorado Corporation ("Vail Holdings"), which agreement pertains to the development and respective rights and responsibilities of the Town and Vail Holdings in relation to the development site owned by Vail Holdings and consisting of Lot P-3, Vail Village Fifth Filing, and an adjacent vacated portion of Hanson Ranch Road right-of- way; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 16, Series of 2004. BACKGROUND RATIONALE: On August 11, 2003, the Town of Vail Planning and Environmental Commission ("PEC") conditionally approved a development review application to allow for the construction and operation of a "private off-street vehicle parking structure" and a "public park" on Lots P3 & J, Block 5A, Vail Village Fifth Filing. Among other conditions, the PEC required that the applicant, Vail Resorts Development Company, submit a development agreement that outlines the obligations, responsibilities and commitments of the Town of Vail ("Town") and the Developer ("Vail Holdings Ltd") regarding the development of the site, for review and approval by the Town Council, prior to the issuance of a building permit for the approved improvements. The P-3 Development Agreement is proposed to address the adopted condition of approval. 13. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) • Forest Service/Town of Vail MOU Contract with the Division of Corrections to cut and stack wild land fuel materials in preparation for controlled burns. 14. Adjournment (9:55 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, MAY 4, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, MAY 4, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. 5 EVENING MEETING 6:00 P.M. TUESDAY, MAY 4, 2004 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. Greg Hall ITEM/TOPIC: Village Streetscape Update (5 min.) 3. ITEM/TOPIC: Consent Agenda, approval of April 6, 15, 20 minutes. (5 min.) 4. ITEM/TOPIC: Update on Vail Conference Center and a request to move forward with negotiations to hire an owner's representative for the conference center (30 min.) ACTION REQUESTED OF COUNCIL: Receive an update on the conference center and to authorize the Town Manager to negotiate and execute a contract for owner's representative services for the conference center based on the Conference Center Advisory Committee's recommendation. BACKGROUND RATIONALE: The Town Council on April 20th authorized a series of next steps which included interviewing owner's representative firms for the conference center. On April 29th, the committee met to interview five owner's representative firms. The Town Council has been forwarded the five proposals for your consideration. The committee anticipates making a recommendation to the Vail Town Council at the May 4th Town Council meeting. If a recommendation has not yet been formulated by May 4th, then the committee anticipates giving Council a brief update on progress and next steps. Staff would propose that any contract include a termination clause so that the Town could terminate services at its discretion. 5. Stan Zemler ITEM/TOPIC: Formation of Capital Committee (5 min.) 6. Greg Hall ITEM/TOPIC: I-70 Central Mountain Transportation Corridor Coalition (15 min.) Attached is an intergovernmental agreement whose primary purpose is to form an, informal, non-statutory coalition of governments along the I-70 interstate central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current plan for future transportation improvement. Town staff recommends approval of this IGA. Involvement in this coalition is appropriate, as its focus coincides with the Town's established goals and long-term solutions for I-70 and noise mitigation. No initial dues are required. Any project funding would be paid for out of noise mitigation funds. 7. John Gulick ITEM/TOPIC: Wildfire Preparedness (15 min.) Weather forecasters are predicting a summer similar to the 2002 fire season, with hot & windy days and little precipitation. Fortunately, fires in our local area have been small, but larger fires have burned within sixty miles, near Glenwood Springs. A short slide show on wild land fire mitigation projects in Vail and county- wide fire suppression efforts will be shown. 8. Bill Carlson ITEM/TOPIC: Update on TOV West Nile Public Information Program (5 min.) 9. Greg Hall ITEM/TOPIC: Proposed utility easement along I-70 earthen berm in East Vail, discussion on proposed utility easement for water lines relocation to complete the earthen berm along the north side of I-70 in the Bald Mountain Rd vicinity 10. Matt Mire ITEM/TOPIC: Resolution No. 16, a Resolution approving Greg Hall the P-3 Development Agreement (the "Agreement") between the Town of Vail (the "Town") and Vail Associates Holdings, Ltd., a Colorado Corporation ("Vail Holdings"), which agreement pertains to the development and respective rights and responsibilities of the Town and Vail Holdings in relation to the development site owned by Vail Holdings and consisting of Lot P-3, Vail Village Fifth Filing, and an adjacent vacated portion of Hanson Ranch Road right-of- way; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 16, Series of 2004. BACKGROUND RATIONALE: On August 11, 2003, the Town of Vail Planning and Environmental Commission ("PEC") conditionally approved a development review application to allow for the construction and operation of a "private off-street vehicle parking structure" and a "public park" on Lots P3 & J, Block 5A, Vail Village Fifth Filing. Among other conditions, the PEC required that the applicant, Vail Resorts Development Company, submit a development agreement that outlines the obligations, responsibilities and commitments of the Town of Vail ("Town") and the Developer ("Vail Holdings Ltd") regarding the development of the site, for review and approval by the Town Council, prior to the issuance of a building permit for the approved improvements. The P-3 Development Agreement is proposed to address the adopted condition of approval. 11. George Ruther ITEM/TOPIC: 2nd reading of Ordinance No. 11, Series of 2004, an Matt Mire ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., a subterranean portion of Hanson Ranch Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing"; and setting forth details in regard thereto (30 min.) BACKGROUND RATIONALE: Pursuant to the Vail Town Charter, the Vail Town Council shall only transferor convey interest in real property held by the Town of Vail via the adoption of an ordinance approving the conveyance. The purpose of Ordinance No. 11, Series of 2004, is to comply with the applicable provisions of the Vail Town Charter in the vacating of a certain subterranean portion of Town-owned public right-of-way. Through the adoption of Ordinance No.11 and the recording of the accompanying exhibit to the ordinance, the Vail Town Council will vacate a portion of subterranean right-of-way to allow for the construction of a new underground private parking structure beneath Hanson Ranch Road. 12. Adjournment (9:40 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, MAY 18, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, MAY 18, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. EVENING MEETING 6:00 P.M. TUESDAY, MAY 18, 2004 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. Rod Slifer ITEM/TOPIC: Youth Recognition Award. (5 min.) r Jenna Tjossem /Battle Mountain High School r Sylvan Ellefson / Vail Mountain School Vail Youth Ambassador Award ,> McClees Stephens /Battle Mountain High School ,> Patrick Scanlan / Vail Mountain School 2. ITEM/TOPIC: Citizen Participation (5 min.) 3. Greg Hall ITEM/TOPIC: Village Streetscape Update (5 min.) Scott Bluhm 4. ITEM/TOPIC: Conference Center Update (5 min.) 5. Lorelei Donaldson ITEM/TOPIC: New Appointments (10 min.) Vail Local Licensing Authority (VELA) 2 Vacancies, 2 year term, beginning 6.01.04. ,> Robert Rothenberg ,> Kaye Ferry Vail Local Housing Authority (VLHA) 1 Vacancy, 5 year term beginning June 1, 2004 ,> Thomas Dubois .> Tom Gorman r Connie Knight ,> Ethan Moore r John Schofield John Schofield 6. Bill Gibson ITEM/TOPIC: Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple- Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) zone districts, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2004 on first reading. BACKGROUND RATIONALE: On September 8, 2003, the Town of Vail Planning and Environmental Commission voted 6-0 to forward a recommendation of approval for proposed text amendments to the gross residential floor area (GRFA) regulations for Vail's residential zone districts. 7. Russ Forrest ITEM/TOPIC: Request for the Town Council to approve the execution of three easements to facilitate snowmaking on Vail Mountain and the creation of a bridge. (15 min.) These easements include: r easement for the vault (encloses snowmaking pumps) is on an unplatted parcel -Book 272, Page 663 (this is the stream tract/hillside parcel) -description is NW 1/4 of NW 1/4 of section 7, township 5 S, range 80 west), ,> easement for the snowmaking line is on Tract K, and r easement for the bridge and snow making utilities are on both Tract K and the unplatted parcel ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to execute above mentioned easement for snow making facilities on Town Land on the South Side of Gore Creek and for the creation of a bridge that would carry the snowmaking line and provide access across Gore Creek for the potential future development of a snowcat access BACKGROUND RATIONALE: Vail Resorts needs to create a water connection to Vail Mountain. The pump house located on Forest Road which has provided snow making capacity on Vail Mountain has now been demolished. Vail Resorts and Town Staff have agreed that given a letter sent to the Glen Lyon Subdivision homeowners in 1996, that Vail Resorts should pursue a amendment to a Special Development District to obtain final approval for snow cat access across Tract K, Glen Lyon Subdivision. In addition, Vail Resorts would like to first obtain the support of the subdivision to amend the covenants which prevent the creation of the planned snow cat access. However, this may take 2-4 months and VR needs to move forward with snow making facilities this summer. The bridge would provide the means to bring a water line across the creek to interconnect into a new pump system (i.e. underground in a vault). Vail Resort could place a water pipe under Gore Creek. However, they anticipate building a bridge for the snow cat access which would also support the snowmaking utilities. 8. Todd Oppenheimer ITEM/TOPIC: Approval of guard rails and handrails for Wall Street. (7.5 min.) Railings and Guardrails The Art in Public Places board has made a recommendation for a design for a hand forged steel guardrail for Vendetta's deck on Wall Street and for handrails for Wall Street. Both are an organic design in keeping with the overall design for the village and will be fabricated by Freils Ironworks in Arvada. Handrails and guardrails will be installed in June. 9. Todd Oppenheimer ITEM/TOPIC: Wall Street Improvements including Earl Eaton Plaza Playground. (7.5 min.) BACKGROUND RATIONALE: Earl Eaton Plaza In response to direction from the town council an RFP was sent out to six artists asking for designs for sculptural pieces that could be used as play pieces in Eaton Plaza. Five artists submitted their ideas which were reviewed by the Art in Public Places (AIPP) Board. AIPP asked artist Robert Tully to study Eaton Plaza and the Wall Street redevelopment and then to further refine his proposal. Robert is proposing whimsical composition including two limestone sculptures depicting a big horn sheep and a bear along with a marble cloud. The play surface will be a combination of colored "spectraturf" and grass. 10. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) ,> Request to endorse Eagle County Open Space Advisory Committee Recommendation to fund Bair Ranch Conservation Project. r Discussion of Council Packet distribution schedule. 11 Adjournment 8:00 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, JUNE 1, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JUNE 1, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. TOWN COUNCIL EVENING MEETING 6:00 P.M. TUESDAY, JUNE 1, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Pam Brandmeyer Item/Topic: I-70 Sinkhole: One Year Anniversary, Update and Joe Russell Review (10 min.) John Gulick Greg Hall Larry Pardee Background: It was exactly one year ago today that a culvert beneath I-70 in East Vail gave way, causing a large sinkhole to form in the westbound lanes of I-70 and the subsequent flooding of Bighorn Creek into the neighborhood. The incident caused over $2 million in damage to public and private property as emergency responders worked more than 18 hours to contain the flooding. The one-year anniversary provides an opportunity to commemorate the community's response, review lessons learned, and to thank the community and participating agencies for their outpouring of support and cooperation. Action Requested of Council: None. 2. ITEM/TOPIC: Citizen Participation (5 min.) 3. ITEM/TOPIC: Consent Agenda, Minutes from 05.04.04, 05.18.04 (5 min.) 4. Russ Forrest ITEM//TOPIC: Update on Vail Conference Center and a request Kent Logan to move forward with the following requests: 1. Authorization to engage Piper Jaffray as the town's Investment Banker on the conference center. 2. Authorization to issue a Request for Qualifications for design team assistance on the conference Center 3. Request to move forward with a negotiated guaranteed maximum price process for engaging design and a general contractor. This essentially means that both the architect and general contractor will work for the Town of Vail. 4. Request for the Vail Town Council to approve the next phase of an owner's representative contract. The preconstruction phase of the contract would cost up to $155,774. However, the Conference Center Advisory Committee is only requesting $93,212 (Includes fees and reimbursables) to fund this function until a decision is MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell I. SUMMARY The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are requesting approval of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive. The proposed final plat amendment involves reconfiguring the lot line between Lots 4 and 7 to allow for a swap of 928 square feet approval of property between the two parcels. Staff is recommending of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are proposing to modify the property line between two existing lots resulting in two new lots. Review of this of the proposed final plat is occurring, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. The reconfiguration of the shared lot line results in both parcels swapping equal land areas of 928 square feet. The proposal results in the square footage of the proposed lots being identical to that of the square footage of the existing lots. This swap is proposed to allow for the owner of Lot 7 to apply for an addition to the existing house on the parcel in the future and for Lot 4 to protect a view which is important to the owners of Lot 4. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell I. SUMMARY The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are requesting approval of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive. The proposed final plat amendment involves reconfiguring the lot line between Lots 4 and 7 to allow for a swap of 928 square feet approval of property between the two parcels. Staff is recommending of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are proposing to modify the property line between two existing lots resulting in two new lots. Review of this of the proposed final plat is occurring, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. The reconfiguration of the shared lot line results in both parcels swapping equal land areas of 928 square feet. The proposal results in the square footage of the proposed lots being identical to that of the square footage of the existing lots. This swap is proposed to allow for the owner of Lot 7 to apply for an addition to the existing house on the parcel in the future and for Lot 4 to protect a view which is important to the owners of Lot 4. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell I. SUMMARY The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are requesting approval of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive. The proposed final plat amendment involves reconfiguring the lot line between Lots 4 and 7 to allow for a swap of 928 square feet approval of property between the two parcels. Staff is recommending of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are proposing to modify the property line between two existing lots resulting in two new lots. Review of this of the proposed final plat is occurring, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. The reconfiguration of the shared lot line results in both parcels swapping equal land areas of 928 square feet. The proposal results in the square footage of the proposed lots being identical to that of the square footage of the existing lots. This swap is proposed to allow for the owner of Lot 7 to apply for an addition to the existing house on the parcel in the future and for Lot 4 to protect a view which is important to the owners of Lot 4. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell I. SUMMARY The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are requesting approval of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive. The proposed final plat amendment involves reconfiguring the lot line between Lots 4 and 7 to allow for a swap of 928 square feet approval of property between the two parcels. Staff is recommending of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are proposing to modify the property line between two existing lots resulting in two new lots. Review of this of the proposed final plat is occurring, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. The reconfiguration of the shared lot line results in both parcels swapping equal land areas of 928 square feet. The proposal results in the square footage of the proposed lots being identical to that of the square footage of the existing lots. This swap is proposed to allow for the owner of Lot 7 to apply for an addition to the existing house on the parcel in the future and for Lot 4 to protect a view which is important to the owners of Lot 4. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell I. SUMMARY The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are requesting approval of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive. The proposed final plat amendment involves reconfiguring the lot line between Lots 4 and 7 to allow for a swap of 928 square feet approval of property between the two parcels. Staff is recommending of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are proposing to modify the property line between two existing lots resulting in two new lots. Review of this of the proposed final plat is occurring, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. The reconfiguration of the shared lot line results in both parcels swapping equal land areas of 928 square feet. The proposal results in the square footage of the proposed lots being identical to that of the square footage of the existing lots. This swap is proposed to allow for the owner of Lot 7 to apply for an addition to the existing house on the parcel in the future and for Lot 4 to protect a view which is important to the owners of Lot 4. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell I. SUMMARY The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are requesting approval of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive. The proposed final plat amendment involves reconfiguring the lot line between Lots 4 and 7 to allow for a swap of 928 square feet approval of property between the two parcels. Staff is recommending of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Lloyd Ruth, Javier Velasquez, and Peter Battin, represented by Ann Bishop, are proposing to modify the property line between two existing lots resulting in two new lots. Review of this of the proposed final plat is occurring, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. The reconfiguration of the shared lot line results in both parcels swapping equal land areas of 928 square feet. The proposal results in the square footage of the proposed lots being identical to that of the square footage of the existing lots. This swap is proposed to allow for the owner of Lot 7 to apply for an addition to the existing house on the parcel in the future and for Lot 4 to protect a view which is important to the owners of Lot 4. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). 1 made by the Council on whether to issue bonds, which is anticipated in the November/December 2004 time frame. (30 min.) ACTION REQUESTED OF COUNCIL: Approve the above mentioned next steps and funding authorization for an owner's representative. BACKGROUND RATIONALE: The Town Council on April 20th authorized a series of next steps which included interviewing owner's representative firms for the conference center. On April 29th, the committee met to interview five owner's representative firms. On May 18th, 2004 the Town Council authorized the Town Manager to execute a contract with ARC as the town's owner's representative and funding for the first phase of this contract or $8,510. The Town Council also authorized the Committee to negotiate with both Piper Jaffray and Kirkpatrick Pettis for being the town's investment banker on this project. The Committee met on May 26, 2004, and made the above mentioned recommendations. Recommendation The Conference Advisory Committee unanimously recommends that the Vail Town Council approve the above mentioned requests. 5. Greg Hall ITEM/TOPIC: Village Streetscape Update (5 min.) 6. Pam Brandmeyer ITEM/TOPIC: Out of cycle council funding requests (15 min.) Stan Zemler CURRENT GENERAL FUND EXPENDITURES A. Red Sandstone multi-use recreation facility Please see memorandum RETT CAPITAL FUNDING PROGRAM B. AIPP-Artist in Residence Building BACKGROUND INFORMATION: AIPP is requesting the town partner in its effort to renovate the Anholtz Ranch cabin located on the lower bench of Ford Park. The goal of the project is to turn the cabin into an artist-in-residence program. STAFF RECOMMENDATION: Fund $40,000 of $78,000 request, utilizing RETT funds. COUNCIL CONTRIBUTION C. Channel s BACKGROUND INFORMATION: Earlier this year in a status review re: Channel 5, Council directed Channel 5 to return in June for an out-of-cycle funding request for equipment upgrades and replacement. STAFF RECOMMENDATION: Deny Funding D. VVCTB Community Host Program BACKGROUND INFORMATION: In order to get the VVCTB in sync with current year and '05 requests, staff has asked them for separate submittal for parking passes for the '04-05 ski season, and then Council will see the VVCTB back in August for the '05- '06 ski season. In the past, the Community Host program has been funded through a 25 blue parking pass contribution from the Town of Vail, as well as a matching 25 Merchant Ski Pass contribution from Vail Resort, with the VVCTB providing oversight and management of the volunteers. In addition to the 25 blue parking passes, you will note a request from Suzanne Silverthorn attached asking for nine more parking passes to cover the '04-'05 fall/spring construction volunteers. The additional 9 parking passes will allow the VVCTB to staff the following days and times that you originally requested being two people from Sept 7 -Oct 17, 10am - 6pm (eight hours/day) and one person Oct 18 - 30,same hours. This would be 744 hours total for the fall. Each host works 80 hours to fulfill their requirement for a ski pass/parking pass, subsequently the VVCTB requires an additional 9.3 blue passes to facilitate the Hosts during the fall. STAFF RECOMMENDATION: Fund 34 blue parking passes for '04-'05 ski season. FUTURE GENERAL FUND EXPENDITURES E. Department of Justice ADA Requirements BACKGROUND INFORMATION: Staff has received a preliminary estimate (attached) for the town's ADA compliance costs of $116,822. Since the estimate was received at 9:00 A.M. Thursday, May 27, staff has not had the opportunity to research how to pay for these federally mandated requirements. A portion of the requirements are directly related to parks and recreation facilities that the town oversees, so an estimate of costs appropriate as a charge-back to AIPP will be suggested. Additionally, staff will look at current capital projects already funded in '04 to evaluate whether Council might consider moving those into '05 in order to reallocate funding. Also, there may be some additional cost savings based on "interpretation" of the law and we will continue to work with the Department of Justice to understand the requirements. Staff will return on the 15th of June for further discussion of funding sources. 7. Stan Zemler ITEM/TOPIC: Consideration of approval of Viele construction as low bidder for the Red sandstone multi-purpose recreation facility. (15 min.) 8. Jack Hunn ITEM/TOPIC: A request authorizing the Town Manager to execute Jay Peterson an easement with Vail Resorts to allow for the construction Tom Braun new bridge on a portion of Tract K, Glen Lyon Subdivision and the unplatted parcel of land located directly to the east of Tract K. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request authorizing the Town Manage to execute the easement. BACKGROUND RATIONALE: Vail Resorts needs to create a water connection to Vail Mountain. The pump house located on Forest Road which has provided snow making capacity on Vail Mountain has now been demolished. Vail Resorts and town staff have agreed that given a letter sent to the Glen Lyon Subdivision homeowners in 1996, that Vail Resorts shall pursue a amendment to a Special Development District to obtain final approval for snow cat access across Tract K, Glen Lyon Subdivision. In addition, Vail Resorts would like to first obtain the support of the subdivision to amend the covenants which prevent the creation of the planned snow cat access. However, this may take 2-4 months and VR needs to move forward with snow making facilities this summer. The bridge would provide the means to bring a water line across the creek to interconnect into a new pump system (i.e. in an underground vault). Vail Resorts could then place a water pipe under Gore Creek. However, they anticipate building a bridge for the snow cat access which would also support the snowmaking utilities for the Mountain. On May 18th, 2004, the Vail Town Council approved of two of the three easement requests necessary to facilitate snow making on Vail Mountain. Those two easements included: easement for the vault (encloses snowmaking pumps) is on an unplatted parcel - Book 272, Page 663 (this is the stream tract/hillside parcel) -description is NW 1/4 of NW 1/4 of section 7, township 5 S, range 80 west), and easement for the snowmaking water line on Tract K. At the applicant's request, the Vail Town Council tabled consideration of a bridge easement until discussions occurred between adjacent property owners. Those discussions have occurred and Vail Resorts is now requesting that the bridge 9. Bill Gibson 10. Stan Zemler easement be approved. ITEM/TOPIC: Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS). (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2004 on first reading. BACKGROUND RATIONALE: On September 8, 2003, the Town of Vail Planning and Environmental Commission voted 6-0 to forward a recommendation of approval for proposed text amendments to the gross residential floor area (GRFA) regulations for Vail's residential zone districts. This item was tabled for further discussion from the Town Council's May 18, 2004, meeting. ITEM/TOPIC: Town Manager's Report (10 min.) • Verbatim Book Sign Code Town staff has met with interested parties and continues to work toward a resolution. • Expenditure explanation for Pro-Cycling Tour event Please see attachment. • Berry Creek Sports Complex Feasibility update At the direction of Eagle County Board of Commissioners, Ballard, King and Associates, Recreation Facility Planning and Operation Consultants, Denver Colorado, have undertaken a feasibility study for an indoor recreation center to be located in the Berry Creek area of Edwards. The study, expected to be completed in the fall, will include an inventory and needs assessment of recreational facilities located within Eagle County. The firm has also begun collecting input from various taxing jurisdictions that are recreation providers located within the Vail Valley. Open forums for the public to add input are also planned. In a meeting with the consultant on May 21, staff stated the town would not be interested in seeing any duplication of services currently provided by other recreation providers, e.g., Town of Vail, Town of Avon, Town of Eagle, Town of Gypsum, Vail Recreation District, or Western Eagle County Metropolitan District, to name a few, nor would the town want facilities constructed that actually eroded, compromised, or otherwise competed with facilities these communities have used their own town-specific revenues to construct, maintain and staff. As an observation, staff added the addition of the athletic fields seemed an appropriate recreational use in that the other communities did not have the acreage available to add more fields to their current inventories. County dollars should be used toward facilities that do not currently exist in the county. • Intergovernmental Agreement for Emergency Response with the State of Colorado In your packet is a copy of an Intergovernmental Agreement (IGA) for Emergency Management that the State Office of Emergency Management is urging all jurisdictions to sign. This IGA formalizes the existing mutual aid and regional mobilization systems to send or receive aid in the event of a disaster or critical incident. The State has indicated that future Homeland Security grants may require that this document be signed and filed with the State before funds can be approved for a jurisdiction. Matt Mire, Chief Gulick and Henninger are all in agreement that the Town should enter into this IGA. Over seventy-five Colorado jurisdictions have already signed this agreement. If there are no disagreements to participate in this program, I will ask the Mayor to sign the formal IGA document. • 2004 VAIL VALLEY ATHLETE COMMISSION On May 14th, the Vail Valley Athlete Commission met to discussion funding requests for the spring/summer/fall of this year. You will find an attachment to the Town Manager's Report showing current funding requests, past requests, and fund balance. This commission has been operational for the last ten years, with the joint funding partners of Vail Resorts, Inc. (VRI); Beaver Creek Resort Company (BCRC); Vail Valley Foundation (VVF); and the Town of Vail (TOV). The partners have tried unsuccessfully over the past years to include the Town of Avon and Eagle County. Because of economic factors, contributions from both VRI and VVF have been reduced from $10,000 annually to meet the contributions from BCRC and the town. In script, you will find the funding allocations as agreed to by the partners for the summer program. In budget cuts from two years ago, the town's contribution was pared down five percent to follow other allocations across the board. • INFORMATION SIGNS AT VILLAGE INFORMATION CENTER Council will recall a Council-generated request to make improvements to the signs at this information center at a meeting last fall. VVCTB, the current contractor for services, set about getting bids to upgrade the signs on the exterior of the building. The final bid came in around $8,000, but also required a several thousand dollar electrical upgrade for its back-lighting, at which time Council directed staff to get involved due to the complications and funding issues. Staff ended up making the signs currently installed, and altogether, was able to accomplish this for approximately $600, both labor and materials. In a meeting earlier this week, the staff at the center commented they were very pleased with the outcome, so if you're driving by, please take a look and let us know whether anything further should be done. • Update on private contributions streetscape development 11. ITEM/TOPIC: Adjournment (8:05 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 15, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JUNE 15, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. TOWN COUNCIL EVENING MEETING 6:00 P.M. TUESDAY, JUNE 1, 2004 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: I-70 Sinkhole: One Year Anniversary, Update and Review (10 min.) Background: It was exactly one year ago today that a culvert beneath I-70 in East Vail gave way, causing a large sinkhole to form in the westbound lanes of I-70 and the subsequent flooding of Bighorn Creek into the neighborhood. The incident caused over $2 million in damage to public and private property as emergency responders worked more than 18 hours to contain the flooding. The one-year anniversary provides an opportunity to commemorate the community's response, review lessons learned, and to thank the community and participating agencies for their outpouring of support and cooperation. Action Requested of Council: None. 2. ITEM/TOPIC: Citizen Participation (5 min.) 3. ITEM/TOPIC: Consent Agenda, Minutes from 05.04.04, 05.18.04 (5 min.) 4. Greg Hall ITEM/TOPIC: Village Streetscape Update (5 min.) 5. ITEM/TOPIC: Out of cycle council funding requests (15 min.) 6. Stan Zemler ITEM/TOPIC: Consideration of approval of Viele construction as low bidder for the Red sandstone multi-purpose recreation facility. (15 min.) 7. ITEM/TOPIC: Bridge Easement, VRI (10 min.) 8. Bill Gibson ITEM/TOPIC: GRFA. Ordinance 10 (45 min.) 9. Matt Mire ITEM/TOPIC: Noxious Weeds, First Reading, Ordinance (10 min.) 10. Matt Mire ITEM/TOPIC: Criminal Code, First Reading, Ordinance (10 min.) 11. Stan Zemler ITEM/TOPIC: Town Manager's Report (25 min.) • Verbatim Booksellers Sign /Variance Issue • Expenditure explanation for Pro-Cycling Tour event. • Berry Creek Sports Complex Feasibility update Intergovernmental Agreement for Emergency Response with the State of Colorado. In your packet is a copy of an Intergovernmental Agreement (IGA) for Emergency Management that the State Office of Emergency Management is urging all jurisdictions to sign. This IGA formalizes the existing mutual aid and regional mobilization systems to send or receive aid in the event of a disaster or critical incident. The State has indicated that future Homeland Security grants may require that this document be signed and filed with the State before funds can be approved for a jurisdiction. Matt Mire, Chief Gulick and Henninger are all in agreement that the Town should enter into this IGA. Over seventy-five Colorado jurisdictions have already signed this agreement. If there are no disagreements to participate in this program, I will ask the Mayor to sign the formal IGA document. 2004 VAIL VALLEY ATHLETE COMMISSION On May 14th, the Vail Valley Athlete Commission met to discussion funding requests for the spring/summer/fall of this year. You will find an attachment to the Town Manager's Report showing current funding requests, past requests, and fund balance. This commission has been operational for the last 10 years, with the joint funding partners of Vail Resorts, Inc. (VRI); Beaver Creek Resort Company (BCRC); Vail Valley Foundation (VVF); and the Town of Vail (TOV). The partners have tried unsuccessfully over the past years to include the Town of Avon and Eagle County. Because of economic factors, contributions from both VRI and VVF have been reduced from $10,000 annually to meet the contributions from BCRC and the town. In script, you will find the funding allocations as agreed to by the partners for the summer program. In budget cuts from two years ago, the town's contribution was pared down five percent to follow other allocations across the board. • INFORMATION SIGNS AT VILLAGE INFORMATION CENTER Council will recall aCouncil-generated request to make improvements to the signs at this information center at a meeting last fall. VVCTB, the current contractor for services, set about getting bids to upgrade the signs on the exterior of the building. The final bid came in around $8,000, but also required a several thousand dollar electrical upgrade for its back-lighting, at which time Council directed staff to get involved due to the complications and funding issues. Staff ended up making the signs currently installed, and altogether, was able to accomplish this for approximately $600, both labor and materials. In a meeting earlier this week, the staff at the center commented they were very pleased with the outcome, so if you're driving by, please take a look and let us know whether anything further should be done. • Update on private contributions streetscape development ,> Vendetta's Deck Improvements 10. ITEM/TOPIC: Adjournment (8:10 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 BEGIN AT 2 P.M. ON TUESDAY, JUNE 15, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JUNE 15, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. VAIL TOWN COUNCIL EVENING MEETING 6:00 P.M. TUESDAY, JUNE 15, 2004 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: Streetscape Update. (5 min.) 3. Russ Forrest ITEM/TOPIC: The Vail Conference Center Advisory Committee is Rod Slifer requesting the following from the Vail Town Council: (30 min.) Kent Logan ,> Approval of the proposed process for engaging the public in the design team selection process. r Selection criteria for request for proposals. .- Consideration of proposed process givens. r Review of updated project budget and interrelated parking costs. r Consideration and review of the major points of the proposed scope of service in a request for proposals for design services (to be given to the top 3-4 teams selected in the qualification competition. ACTION REQUESTED OF COUNCIL: Approve the above mentioned next steps. BACKGROUND RATIONALE: On June 1, 2004 the Vail Town Council voted to approve the following requests from the Vail Conference Center Advisory Committee (Committee): ,> Authorization to engage Piper Jaffray as the Town's investment banker on the conference center. r Authorization to issue a Request for Qualifications for design team assistance on the conference center. ,> Request to move forward with a negotiated guaranteed maximum price process for engaging a design team and a general contractor (as opposed to a design build process). This essentially means that both the architect and general contractor will work for the Town of Vail. ,> Request for the Vail Town Council to approve the next phase of an owner's representative contract. The preconstruction phase of the contract would cost up to $155,774. However the Committee is only requesting $93,212 (Includes fees and reimbursable) to fund this function until a decision is made by the Council to issue bonds which is anticipated in the November/December 2004 time frame. STAFF RECOMMENDATION: The Conference Advisory Committee recommends that the Vail Town Council approve the above mentioned requests. 4. Warren Campbell ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's approval of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's approval of a design review application pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On May 5, 2004, the Design Review Board approved a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane. The appellant, Robert L. Kandell, MD, resident at 4259 Nugget Lane, has appealed the Design Review Board's approval. Please refer to the staff memorandum dated June 15, 2004, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Design Review Board's approval pursuant to Section 12-11, Design Review, Vail Town Code, to allow for site improvements to an existing residence, located at 4269 Nugget Lane/Lot 3, Bighorn Estate Resubdivision of Lots 10 and 11, subject to the findings in Section VI of the staff memorandum dated June 15, 2004. 5. Matt Gennett ITEM/TOPIC: An appeal of the May 19, 2004 Design Review Board (DRB) denial of an application to build a new primary/secondary, two-family residence located at 2830 Basingdale Blvd. /Lot 5, Block 9, Vail Intermountain. (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or modify the DRB's denial of a new single family residence located at 2830 Basingdale Blvd. /Lot 5, Block 9, Vail Intermountain. BACKGROUND RATIONALE: On March 17, 2004, the DRB went on a site visit and performed a conceptual review of the applicant's proposal for a new primary/secondary residence on the subject property. At the time of the conceptual review, the DRB gave the applicant positive comments on the design of the proposed structure, but did not mention anything else having to do with the site or the applicant's proposal. On April 12, 2004, the Planning and Environmental Commission (PEC) conditionally approved a request by Mr. Cope for variances from the front and side setbacks, and to have required parking in the front setback. On May 5, 2004, the DRB performed a final review of the applicant's proposal, which included another site visit, and informed the applicant they would not approve his application as proposed because it would cause the removal of several large, mature spruce trees on the site. The DRB stated the applicant would need to redesign his proposal in a manner that avoids the necessitated removal of the large trees in order to receive their approval. Mr. Cope protested, stating that he already tried to do so but could not, and reluctantly requested a tabling. On May 19, 2004, the DRB denied the applicant's proposal as originally submitted. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the DRB's denial of the proposed new residence located at 2830 Basingdale Blvd. /Lot 5, Block 9, Vail Intermountain. 6. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 6, Series of 2004 - An Ordinance Amending Section 5-1-6, "Undesirable Plants," of the Municipal Code of the Town of Vail providing for certain amendments to comply with the Colorado Noxious Weed Act and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance 6, Series 2004 on first reading. BACKGROUND RATIONALE: Pursuant to CRS § 35-5.5-101 et seq., the Colorado Noxious Weed Act, Town staff has developed a Weed Management Plan for those plants declared to be noxious weeds by state statute. The Ordinance also provides for other minor amendments to the Town Code to further comply with state statute. STAFF RECOMMENDATION: Approve Ordinance 6, Series 2004, on first reading. 7. Bill Gibson ITEM/TOPIC: Second Reading, Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) zone districts, and setting forth details in regard thereto. (30 Min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, deny, or table Ordinance No. 10, Series of 2004 on second reading. Should the Town Council choose to approve Ordinance No. 10, Series of 2004, on second reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 8. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) r Channel s In separate conversations with Larry Brooks, Avon's town manager, and Brian Hall, with Channel 5, staff understands the following: Avon pays three percent of its five percent franchise fee, or $13,000 directly to Channel 5. Additionally, Comcast, in a "pass through" arrangement with the Town of Avon, pays $10,000 annually for equipment replacement. Brian understands Vail will pay its $10,000 contribution after an additional $10,000 has been fund- raised. .> Community Host Program Request for additional Parking Passes. The Vail Valley Chamber and Tourism Bureau (VVCTB) has provided a request for two additional parking passes for hosting one staff member, Friday through Sunday, September 10 through October 17, eight hours daily. This will provide the construction back up and directions that have proven so successful this spring in the Village Streetscape Program. Authorize staff to distribute two (2) additional blue parking passes to support this ongoing program. ,> Three Neighborhood Picnics Scheduled The dates have been set for the town's annual neighborhood picnics. Please mark your calendars and plan to join us for one, two or all three gatherings: --Friday, June 25, Vail Village (Wall Street) --Thursday, July 22, Donovan Park --Thursday, Aug. 5, Bighorn Park The picnics will take place from 11:30 a.m. to 1:30 p.m. In the past, these gatherings have been a great opportunity to socialize with the neighborhood and to solicit comments and suggestions. Now that we have initiated a biennial process for the community survey (the next one scheduled for March 2005), the picnics will serve as an important feedback loop in lieu of the survey this year. 9. ITEM/TOPIC: 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 BEGIN AT 12 P.M. ON TUESDAY, JULY 6, 2004, IN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. ON TUESDAY, JUNE 29, 2004, IN TOV COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. PUBLIC MEETING NOTICE TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JULY 6, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input (10 min.) 2. Stan Zemler ITEM/TOPIC: Quarterly I-70 Noise Mitigation Update (20 min.) Greg Hall Dwight Henninger BACKGROUND: On December 2, 2003 the Vail Town Council directed town staff to pursue four areas of focus to mitigate I-70 impacts on a short-term and long-term basis with updates to be reported on a quarterly basis. The last quarterly update occurred on March 16, 2004 with reports on the four focus areas of education, enforcement, engineering and legislation. In this next quarterly report, staff is prepared to present a summary of additional actions, including traffic enforcement and education, noise and speed measurements, and an analysis of temporary noise wall demonstration options. ACTION REQUESTED OF COUNCIL: 1) Direct staff to continue to pursue a temporary noise wall demonstration project with additional analysis on two possible approaches: a trailer alternative; and a noise wall panel alternative. It could cost up to $263,000 to conduct the pilot program. (Is the Town Council comfortable continuing to pursue these alternatives.) 2) Authorize an expenditure of up to $60,000 from the Capital Projects Fund to purchase and install two speed control radar signs for installation on I-70. 3) Authorize the Town Manager to continue with the alternative actions outlined in the Memorandum of Understanding between the Town of Vail and the Colorado Motor Carriers Association. 4. Judy Camp ITEM/TOPIC: Discussion of Percentage Guideline for General Fund Balance (10 min.) ACTION REQUESTED OF COUNCIL: See separate memo BACKGROUND RATIONALE: See separate memo STAFF RECOMMENDATION: See separate memo 5. Stan Zemler ITEM/TOPIC: Ice Dome Public Hearing (15 min.) Greg Hall The ice dome facility is owned by the Town of Vail and has been operated by the Vail Recreation District for the past three seasons. However, recreation officials have indicated the district will not operate the facility for the 2004-05 season due to projected losses in the bubble's operations. In the past, the dome has received a conditional use permit to operate in a location just east of the golf course clubhouse from November to April. The facility is then placed in storage during the off-season. The bubble was acquired by the town in 2000 at the request of Vail Junior Hockey and other skating groups to offset scheduling conflicts at Dobson Ice Arena. The facility even endured a lawsuit by neighboring homeowners who feared the bubble would attract late-night noise and increased traffic. Following the recreation district's latest decision to forego operation of the bubble, the Vail Town Council has been presented with three possible options for consideration. One option is to sell the bubble to the highest bidder. Another option is to keep the bubble in storage for the next year to allow time to evaluate the demand for a second ice sheet in Vail. The third option is to solicit a third party operator for the 2004-05 season. 6. Russ Forrest ITEM/TOPIC The Vail Conference Center Advisory Committee (Committee) is requesting the following from the Vail Town Council: (30 min.) 1. Review the recommendation from the Committee on short- listing the design team candidates and to issue the Request for Proposals to the six recommended design teams. 2. Review and approve suggested changes to the design team selection process from the Committee. 3. Request permission to issue an RFP for a surveyor to survey the Lionshead parking structure site and surrounding area. ACTION REQUESTED OF COUNCIL: Approve of the above mentioned next steps and funding authorization for an owner's representative. BACKGROUND RATIONALE: On June 15, 2004 the Vail Town Council reviewed and approved the following next steps: 1. Approval of the proposed process for engaging the public in the design team selection process. 2. Selection criteria for request for proposals. 3. Consideration of proposed process givens. 4. Review of updated project budget and interrelated parking costs, and 5. Consideration and review of the major points of the proposed scope of service request for proposals for design services (to be given to the top three-four teams selected in the qualification competition). Recommendation The Conference Advisory Committee (sub-committee) unanimously recommends that the Vail Town Council approve the above mentioned requests. 7. John Gulick ITEM/TOPIC: Piney Lake /Forest Service Cut Update (10 min.) Cal Wettstein 8. Stan Zelmer ITEM/TOPIC: Request for funding of Vail Classic Bicycle Ride on Arn Menconi Labor Day Weekend (15 min.) The U. S. Forest Service (USES) is proposing a timber harvest of lodge pole pine in an area four miles northwest of Vail, near Freeman Creek. The primary access to this timber stand is via FSR700 Red Sandstone Road, the road to Piney Lake. Approximately 1,900 acres of timber will be harvested during an eight year period, between 2005 and 2012. Log trucks will be utilizing Red Sandstone Rd. and North Frontage Rd. for access to I-70, between June 1 and October 31. No hauling would occur on weekends or holidays. Flaggers and other safety measures will be in place during harvesting operations. BACKGROUND RATIONALE: Arn Menconi has approached the town to help sponsor a Labor Day bicycle ride to cover the route locally referred to as the Leadville Loop. At a meeting on June 30, Kelli McDonald and Ian Anderson, of the Vail Local Marketing District Advisory Council (VLMDAC) stated the event would be incorporated into the marketing efforts for the timeframe of August 15 through September 15, which efforts were endorsed by Council at an earlier meeting forgiving a $50,000 working capital loan to the Vail Local Marketing District (VLMD). The event is expected to draw between 300 to 500 riders, and it is anticipated the riders will spend at least one night in the Town of Vail. Lodging packages will be offered to incentivize this. Sybill Navas and Ian Anderson, on behalf of the Commission on Special Events, indicated another bicycle ride honoring Brent Malin had been funded by CSE for $3,000. The producer of this event has agreed to combine his event with Menconi's proposed Labor Day ride. Navas and Anderson stated the CSE had $7,000 remaining in their '03 budget and they would contact other board members to understand whether they would be willing to earmark these remaining dollars to the Labor Day event. Assuming the CSE is onboard, staff would recommend Council fund up to $15,000 from the original budgeted Pro Cycling Tour (PCT) dollars, now unexpended, of $75,000. 9. George Ruther ITEM/TOPIC: First reading of Ordinance No. 15, Series of 2004, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 15, Series of 2004, on first reading. BACKGROUND RATIONALE: At its June 28, 2004, public hearing, the Planning & Environmental Commission reviewed a request to remove an existing condition of approval which prohibits the operation of "restaurants or similar food service operations" on the Austria Haus property. Upon review of the request, the Planning & Environmental Commission voted 5-1 (Dewitt opposed) to forward a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 35. The Planning & Environmental Commission's findings and recommendation are identified in the June 28, 2004, staff memorandum to the Commission. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 15, Series of 2004, on first reading. 10. George Ruther ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel; and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2004. BACKGROUND RATIONALE: On June 14 and 28, 2004, the Town of Vail Planning & Environmental Commission held public hearings to consider a request for a major amendment to a special development district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Upon consideration of the request, the Commission voted 6-0 to forward a recommendation of approval of the request to the Town Council. In forwarding their recommendation, however, the Commission proposed several revisions to the conditions of approval. A copy of the staff memorandum to the Planning & Environmental Commission, dated June 28, 2004, with revised conditions have been attached for reference. STAFF RECOMMENDATION: The Community Development Department is recommending that the Town Council approves Ordinance No. 16, Series of 2004, upon first reading. 11. Matt Mire ITEM/TOPIC: First reading of Ordinance 12, Series 2004, An Ordinance amending Title 6, Chapter 3, of the Municpal Code of the Town of Vail; providing for certain housekeeping amendments to the Town of Vail Police Regulations: and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve/Amend/Deny Ordinance 12, Series 2004 BACKGROUND RATIONALE: After consultation with the Town Prosecutor, several housekeeping amendments are proposed to bring the Town's Police Regulations up to date and in further compliance with State Statute. STAFF RECOMMENDATION: Approve 12. Bill Gibson ITEM/TOPIC: (a) Second reading of Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations 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. (b) First reading of Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, deny, or table Ordinance No. 10, Series of 2004 on second reading. Approve, approve with modifications, deny, or table Ordinance No. 14, Series of 2004 on first reading. Should the Town Council choose to approve Ordinance No. 10, Series of 2004, on second reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 13. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 6, Series of 2004 - An Ordinance Amending Section 5-1-6, "Undesirable Plants," of the Municipal Code of the Town of Vail providing for certain amendments to comply with the Colorado Noxious Weed Act and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance 6, Series 2004 on second reading. BACKGROUND RATIONALE: Pursuant to CRS § 35-5.5-101 et seq., the Colorado Noxious Weed Act, Town staff has developed a Weed Management Plan for those plants declared to be noxious weeds by state statute. The Ordinance also provides for other minor amendments to the Town Code to further comply with state statute. STAFF RECOMMENDATION: Approve Ordinance 6, Series 2004, on second reading. 14. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) ,> ADA Compliance The town is ready to enter into a settlement agreement with the Department of Justice (DOJ) that allows for the modifications required specific to the town be completed within a year and per the separate report forwarded to the town. As a part of the town's report, improvements to the Ford Amphitheater (owned and operated by the Vail Valley Foundation, VVF) will coincide with the town's repairs. Town staff has been able to re-schedule maintenance projects in '04 to free up funding to complete approximately half of these repairs and will include line items in the '05 budget to complete the remaining work. The staff believes this will be completed on time, and with some refinements and negotiations along the way, under budget. Staff met with Dennis Stein, Jim Collins and Linda Alexander (attorneys for the Vail Recreation District, VRD) on Thursday, July 1, to discuss the separate report that was issued to the VRD. Negotiations on cost-share will continue. The DOJ, recognizing the VRD's issues are substantially more complicated and expensive to resolve, has expressed a willingness to enter into a much longer time negotiation with the VRD as long as both parties (the town and VRD) continue to hammer out the details and move forward in asolution-oriented manner. ,> Eagle County Capital Projects Committee Following the fall election in '03 and during Council's committee and task force appointments discussion, Rod Slifer was appointed to the County Capital Projects Committee to fill Ludwig Kurz's former position. Rod has indicated that because of his many other commitments, he would be comfortable with the Mayor Pro Tem, Dick Cleveland, serving in his stead in this capacity. r Update on Chamonix Property Master Planning We have issued the request for proposals for the master planning process for the Chamonix property. Proposals are due to the town at noon on July 9. We would like to form a subgroup to review the proposals. As envisioned, this subgroup would be comprised of several Council members, several neighborhood representatives and staff. If you would like to participate in the selection process, please let me know. ,> Donovan Pavilion Attached you will find a letter from Donovan Pavilion Management, Inc., outlining a change in internal structure. As well, you will see a current set of promotional and marketing materials that have been produced by this company for the pavilion. .> Transportation The Rural Resort Region will convene the first meeting to discuss the IGA for the establishment of an I-70 Central MountainTransportation Corridor Coalition. The meeting will be held on Friday, July 16 in the Fremont Room of the Summit County Community and Senior Center. ,> Request to use Council Days at Dobson The National Brotherhood of Skiers (NBS) will be bringing a group of 4-5,000 skiers to Vail from February 5-12, 2005. The Dobson Arena will be used by the NBS as their registration headquarters, for concerts and banquets. Bill Jensen of Vail Resorts has requested use of eight Town Council use days. The town's management agreement with the Vail Recreation District (VRD) allows for up to 10 days use from the time period of December 15 to March 14. The daily standard rental rate for the facility is $3,500/day. Day use given by the Council still requires hard costs be reimbursed to VRD that can run as high as $1,700/day (to include utilities, set up, tear down, staging, etc.). In the past, Council has not given more than 1 or 2 days of free use during this timeframe. In speaking with the Vail Recreation District (VRD), the district has already displaced regular programming to accommodate this group. The NBS has been offered a contract but had not yet signed it. In the VRD's negotiations with the group, the district had offered a discounted rate of $3,500 for day 1, with the remaining 7 days at $2,500/day (with no additional costs for services, which because of the various set ups, will be extensive). Staff is continuing to research solutions other than this one that would more effectively serve as an incentive but would not undermine the district's ability to garner some revenue. Staff will be prepared with a recommendation by Tuesday evening's meeting. ,> Vail Local Marketing District (VLMD) Working Capital Loan The Board of the VLMD met on June 15th and authorized the redirection of $50,000 originally budgeted for marketing the Pro Cycling Tour toward marketing in the Front Range during the fall. Town Council had previously agreed that the Town would forgive $50,000 of VLMD's loan from the Town so that VLMD could fund the Pro Cycling Tour. Staff requests a motion confirming that the $50,000 in loan forgiveness continues to apply with the change in use of the funds. ,> Easement / Red Sandstone multi-purpose recreation facility Authorize Torn Manager to sign trench agreement followed by a permanent easement agreement with Holy Cross Electric at the Red Sandstone multi-purpose recreation facility. The easement will provide power to the building by tying into the holy Cross Electric Vault in the road to the new transformer to be set east of the new building. r Easement /Booth Creek Culvert under)-70 Authorize Town Manager to sign a temporary construction easement to replace the Booth Creek Culvert under I-70. This is a sub-standard culvert and is needed to expedite the process to avoid another sink hole incident. 15. ITEM/TOPIC: 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 EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, JULY 20, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. TOWN COUNCIL EVENING SESSION AGENDA (REVISED) 6:00 P.M. TUESDAY, JULY 20, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Rod Slifer ITEM/TOPIC: Proclamation 3, Series 2004, In Recognition of Polly Letofsky.(5 min.) 3. Lorelei Donaldson ITEM/TOPIC: AIPP Appointment. One vacancy to be filled completing the term vacated by Millie Aldrich, term ending 03.031.05 (5 min.) • Kay Cherry • Tom Gorman 4. Lorelei Donaldson ITEM/TOPIC: DRB Appointment. One Vacancy to be filled to complete the term vacated by Scott Proper, term ending 03.31.06. (5 min.) • Charles Baker • Betsy Bradley • Kay Cherry • Peter Dunning Kathy Langenwalter 5. ITEM/TOPIC: Consent Agenda /minutes from 06.01, 06.15, 07.06 meeting. (5 min.) 6. Stan Zemler ITEM/TOPIC: Chamonix Property Master Site Planning Suzanne Silverthorn Authorization. (15 min.) ACTION REQUESTED: Authorize the Town Manager to enter into a contract with the recommended planning team for an amount not to exceed $45,070 / $50,000 to facilitate preparation of a master land use plan for the Chamonix property at 2310 Chamonix Rd. BACKGROUND: On June 18, the Town of Vail initiated a request for proposals (RFP) process to facilitate a master land use plan for the town- owned Chamonix property at 2310 Chamonix Rd. The property was purchased by the town in 2002. At the time, a fire station, affordable housing and land banking were identified as possible future uses. On July 9, the town received six responses to the RFP. On July 15 and again on July 19, an RFP review team met to evaluate the proposals, interview the finalists and forward its recommendation to the Town Council. Members of the RFP review team include Bob Armour, Tricia Hutchinson and Bruce Norring from the neighborhood; Dick Cleveland and Kim Ruotolo from the Town Council; and Stan Zemler, Kraige Kinney, John Gulick, Pam Brandmeyer, Judy Camp, Greg Hall, Russ Forrest, Nina Timm and Suzanne Silverthorn from the staff. Once the hiring of a firm is authorized by the Town Council, the planning team will help facilitate a process that will include a series of neighborhood meetings and Town Council discussions to accommodate previous decisions to site a fire station on the property and to identify and evaluate additional uses that will maximize community benefit while complementing the surrounding neighborhood. Approximately $177,000 remains in the 2004 Capital Projects Fund Budget for fire station planning and design work. 7. ITEM/TOPIC: Conference Center Update. (10 min.) See attached memo. 8. Greg Barrie Renovation of Pirate Ship Park. (15 min.) ACTION REQUESTED OF COUNCIL: Please see attached for details of the following: 1. Approve a total budget amount for the Renovation Project 2. Approve construction contract between the Town of Vail and J.L. Viele Construction, Inc. for the construction of the Pirate ship Park Renovation Project. BACKGROUND RATIONALE: Please see the attached for details STAFF RECOMMENDATION: Approve the above Requested Actions 9. ITEM/TOPIC: Approve Shaw Construction /Paving Red Sandstone. At the time packets were assembled, backup documentation was unavailable. It will be emailed prior to Tuesday's evening meeting or tabled to 08.03.04. (10 min.) 10. Bill Gibson ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review Vail Town Code, to allow for a minor alteration (repaint) to an existing residence, located at 2568 Arosa Drive/Lot 4, Block C, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's approval of a design review application pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On June 16, 2004, the Design Review Board denied a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a minor alteration (repaint) to an existing residence, located at 2568 Arosa Drive. The appellant, Mary E. Perkins, resident at 2568 Arosa Drive, has appealed the Design Review Board's denial. Please refer to the staff memorandum dated July 20, 2004, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Design Review Board's denial pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a minor alteration (repaint) to an existing residence, located at 2568 Arosa Drive/Lot 4, Block C, Vail Das Schone Filing No. 1. 11. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 18, Series 2004, An Ordinance authorizing Retail Liquor Stores or licensed drug stores in the Town of Vail to conduct on site alcoholic beverage tastings; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance 18, Series 2004, on first reading. BACKGROUND RATIONALE: Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised Statutes, retail liquor store licensees and liquor-licensed drug stores may be authorized to conduct alcoholic beverage tastings subject to specific limitations set forth in the aforesaid amendments. According to the new law, as well as the Town Charter, the Town must adopt an ordinance allowing for said tastings to occur. STAFF RECOMMENDATION: Approve Ordinance 18, Series 2004, on first reading. 12. Bill Gibson ITEM/TOPIC: Ordinance No. 10, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations 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. Ordinance No. 14, Series of 2004, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple- Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2004, on second reading. Approve, approve with modifications, or deny Ordinance No. 14, Series of 2004, on second reading. BACKGROUND RATIONALE: The Town Council approved the first reading of Ordinance No. 10, Series of 2004, on June 1, 2004, by a vote of 6-1 (Donovan opposed). The second reading of Ordinance No. 10, Series of 2004, was tabled at the Town Council's June 15 and July 6, 2004, meetings. The Town Council approved the first reading of Ordinance No. 14, Series of 2004, on July 6, 2004, with a modification to the language of Section 15 of Ordinance No. 14, Series of 2004, by a vote of 6-1 (Moffet opposed). STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 14, Series of 2004, on second reading to amend the Gross Residential Floor Area (GRFA) regulations in the Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple- Family (MDMF), High Density Multiple-Family (HDMF), and Housing (H) districts, and setting forth details in regard thereto. Should the Town Council choose to approve Ordinance No. 14, Series of 2004, on second reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. The Community Development Department recommends that the Town Council denies Ordinance No. 10, Series of 2004, on second reading to amend the Gross Residential Floor Area (GRFA) regulations in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS), and setting forth details in regard thereto. 13. Matt Mire ITEM/TOPIC: Second Reading of ordinance 12, Series 2004, an ordinance amending Title 6, Chapter 3, of the Municipal code of the Town of Vail; Providing for certain housekeeping amendments to the Town of Vail Police Regulations; and setting forth details in regards thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve/Amend/Deny Ordinance 12, Series 2004 BACKGROUND RATIONALE: After consultation with the Town Prosecutor, several housekeeping amendments are proposed to bring the Town's Police Regulations up to date and in further compliance with State Statute. STAFF RECOMMENDATION: Approve 14. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 15, Series of 2004, an ordinance amending Ordinance No. 12, Series of 1997, removing a condition of approval that prohibits the operation of restaurants within the special development district, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 15, Series of 2004, on second reading. BACKGROUND RATIONALE: At its June 28, 2004, public hearing, the Planning & Environmental Commission reviewed a request to remove an existing condition of approval which prohibits the operation of "restaurants or similar food service operations" on the Austria Haus property. Upon review of the request, the Planning & Environmental Commission voted 5-1 (Dewitt opposed) to forward a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 35. The Planning & Environmental Commission's findings and recommendation are identified in the June 28, 2004, staff memorandum to the Commission. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 15, Series of 2004, on the second reading. STAFF RECOMMENDATION: Approve 15. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 16, Series of 2004, an ordinance repealing Ordinance No. 21, Series of 2001, and adopting an amended approved development plan for Special Development District No. 6, Vail Village Inn, Phase IV, to allow for the construction of the Vail Plaza Hotel; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2004. BACKGROUND RATIONALE: On June 14 and 28, 2004, the Town of Vail Planning & Environmental Commission held public hearings to consider a request for a major amendment to a special development district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Upon consideration of the request, the Commission voted 6-0 to forward a recommendation of approval of the request to the Town Council. In forwarding their recommendation, however, the Commission proposed several revisions to the conditions of approval. A copy of the staff memorandum to the Planning & Environmental Commission, dated June 28, 2004, with revised conditions have has been attached for reference. On July 6, 2004, the Vail Town Council reviewed Ordinance No. 16, Series of 2004, on first reading. Upon review of the ordinance the Council directed staff to prepare a change to the ordinance that further obligated the developer to provide additional off site improvements in light of the proposed reduction in the number of hotel room keys provided with the project. Ordinance No. 16 was approved by the Town Council on first reading. STAFF RECOMMENDATION: The Community Development Department is recommending that the Town Council approves Ordinance No. 16, Series of 2004, upon second reading. 16. Stan Zemler ITEM/TOPIC: Town Managers Report (10 min.) r Dobson Arena Smoke Mitigation Update The scope of the smoke management system at the Dobson Ice Arena has changed, since Odell Architects made it known in April that potential project costs may exceed $500k. After this revelation, the Chief Building Official and Fire Marshal conducted code research and determined adding additional exits on the north side of the facility would allow for an increase in occupant load. Staff has since proceeded to obtain further code engineering and structural engineering analysis to determine the feasibility of north exit door scenario. This change in the project will result in considerable savings. Roughly estimated project costs could be closer to $150k, and there would be little lost ice time over the summer, during construction. Completion is expected to be by November 2004. Anew proposal has been submitted to the DRB and town staff is expecting approval. The new submittal will increase capacity to close to 3000 persons. The new design increases the center isles in the bleachers from 44" to 72", replaces sprinkler heads to reduce the hazard of the wood roof, and recommends the installation of two pairs of three foot doors and stairs on the north outside wall. This project is currently unbudgeted. Once we have contractor pricing we will ask for the project to be added to the next supplemental appropriation. ,> Eagle County Capital Please see attachments from Dick Cleveland and Mike Roper. ITEM/TOPIC: Executive Session, Pursuant to C.R.S. 24-6-402(4) (b)(e). Conference with Attorney and negotiations surrounding Development of Lionshead Redevelopment Agreement, (45 min.) 17. ITEM/TOPIC: Adjournment (9:30) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, AUGUST 3, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, AUGUST 3, 2004 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input (10 min.) 2. Jerry Sibley ITEM/TOPIC: Follow up from Valley Wide Ice Users Stephen Connelly Alliance (20 min.) 3. Lorelei Donaldson ITEM/TOPIC: Follow up, DRB Appointment. One Vacancy to be filled to complete the term vacated by Scott Proper, term ending 03.31.06. (5 min.) • Charles Baker • Betsy Bradley • Peter Dunning • Kathy Langenwalter 4. Judy Camp ITEM/TOPIC: Presentation of 2003 audit report, McMahan Michael Jenkins & Associates. (10 min.) 5. Russ Forrest ITEM/TOPIC: Conference Center Update and Committee Recommendation on Design Team. In addition, Fentress Bradburn will be available to review their qualifications and answer questions from the Town Council and Community. (30 min.) 6. Bill Gibson ITEM/TOPIC: First reading, Ordinance No. 17, Series 2004. Proposed Amendments to Special Development District #4, Cascade Village (15 min.) 7. Matt Mire ITEM/TOPIC: First reading of Ordinance 19, Series 2004, an ordinance amending section 6-3C-4 of the Municipal Code of the Town of Vail as it relates to possession of opened containers of vinous liquor; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments, Ordinance 19, Series 2004, on first reading. BACKGROUND RATIONALE: Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised Statutes an establishment possessing a valid Hotel and Restaurant liquor license may permit a customer of the hotel or restaurant to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the original container did not contain more than 750 milliliters of vinous liquor. As such, certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession of opened containers of vinous liquors, in order to be consistent with state statute 8. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 18, Series 2004, an ordinance authorizing retail liquor stores or liquor-licensed drug stores in the Town of Vail to conduct on site alcoholic beverage tastings; and setting forth details in regards thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance 18, Series 2004, on second reading. BACKGROUND RATIONALE: Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised Statutes, retail liquor store licensees and liquor-licensed drug stores may be authorized to conduct alcoholic beverage tastings subject to specific limitations set forth in the aforesaid amendments. According to the new law, as well as the Town Charter, the Town must adopt an ordinance allowing for said tastings to occur. STAFF RECOMMENDATION: Approve Ordinance 18, Series 2004, on second reading. 9. Matt Mire ITEM/TOPIC: Resolution No. 17, Series 2004, a resolution of the Town of Vail authorizing the execution and delivery on its behalf of the Lionshead reinvestment agreement, to be made otherwise between the Vail Corporation, D/B/A Vail Associates, Inc., and the Vail Reinvestment authority in furtherance of permitting the acquisition by the Vail Reinvestment Authority of certain properties in the Lionshead area of the Town by power of eminent domain. (20 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendment Resolution No. 17, Series 2004. BACKGROUND RATIONALE: The Town Council adopted the Lionshead Public Facilities Development Plan on March 16, 2004, which authorizes actions by the Vail Reinvestment Authority to redevelop the area designated as the Lionshead Reinvestment Area. Acquisition by the Vail Reinvestment Authority of certain properties owned by the Town of Vail as described in the resolution is necessary for the completion of said redevelopment. In order to properly initiate any necessary eminent domain proceedings to acquire the properties set out in Resolution No. 17, the Vail Reinvestment Authority must, under the terms of the Plan, secure the consent of the Town. Said consent is given by the Town through this Resolution No. 17, Series 2004. STAFF RECOMMENDATION: Approve Resolution 17, Series 2004. 10. George Ruther ITEM/TOPIC: Resolution No. 18, Series of 2004, a resolution amending certain sections of the Lionshead Redevelopment Master Plan clarifying and affording all types of development projects, "new or redevelopment", flexibility in the application of the Architectural Design Guidelines, as prescribed in Chapter 8 of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 18, Series of 2004. BACKGROUND RATIONALE: On July 12, 2004, the Town of Vail Community Development Department requested a work session with the Town of Vail Planning & Environmental Commission to discuss the merits of preparing a text amendment to the Lionshead Redevelopment Master Plan that would affect the implementation policies of the Plan. Upon discussing the possible merits of the amendment, the Commission directed staff to prepare an amendment for the Commission's and Town Council's consideration. On July 26, 2004, the Town of Vail Planning & Environmental held a public hearing to discuss a proposed text amendment to the Lionshead Redevelopment Master Plan. The text amendment proposes to amend the implementation policies of the Lionshead Redevelopment Master Plan regarding the application of the Architectural Design Guidelines prescribed in Chapter 8 of the Master Plan, and further codified in Title 12, Zoning Regulations of the Vail Town Code. The purpose of the amendment is to clarify and afford all types of development projects, new or redevelopment, flexibility in the application of the Architectural Design Guidelines. The purpose of the amendment, however, is NOT to amend or otherwise alter the overall goals, objectives and policies as stated in the Master Plan. Upon consideration of the proposed text amendment, the Commission passed a motion unanimously recommending approval of the amendment to the Vail Town Council with several recommended modifications. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 18, Series of 2004, as amended. 11. Stan Zemler ITEM/TOPIC: Town Managers Report (10 min.) ,> VRD / TOV 50-50 Split Proposal, Re: ADA Mitigation VRD has unanimously approved acost-share of VRD-related corrections for ADA mitigation of up to $75,000, if the town agrees to an additional $75,000 in repairs. Although the overall estimate for ADA mitigation is estimated at close to $300,000, the VRD board will be going to the voters in November '04 to ask for financing of a new clubhouse, which if passed, would eliminate the additional $150,000 in mitigation due to costly improvements to the current clubhouse (elevator installation, bathroom improvements, etc.). Staff from both entities has reviewed the estimate for repairs, and both groups agree a 50-50 cost share makes the most sense and would be equitable from both perspectives. The Department of Justice (DOJ) has agreed to up to three years for the above-mentioned repairs (with further extensions should the need arise). Staff acknowledges some responsibility for the condition of assorted recreational facilities prior to passage of the legislation in 1992, and thus requests Council approve up to $75,000 be spent for this mitigation. Staff requests the dollars be budgeted equally (and approved annually) over the next three years at $25,000/year, allowing for some flexibility in allocation of those dollars, e.g., one project may exceed the combined $50,000 annual contributions from both the town and VRD and may therefore exceed the town's $25,000 contribution one year, while remaining smaller to offset that expenditure the following year. 12. ITEM/TOPIC: Adjournment (8:30 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, AUGUST 17, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. VAIL TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, AUGUST 17, 2004 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input (10 min.) 2. Suzanne Silverthorn ITEM/TOPIC: Chamonix Property Master Planning Update. (10 min.) BACKGROUND: On Aug. 9, a neighborhood meeting was held in West Vail to introduce residents to the master planning process for the town-owned Chamonix property at 2310 Chaminox Rd. Several themes emerged from the discussion, including the need to minimize neighborhood impacts when locating the future West Vail fire station on the property. The master planning team of Davis Partnership and Hazard & Associates will provide a summary of the neighborhood meeting as well as next steps associated with this project. ACTION REQUESTED OF COUNCIL: None. 3. Bill Gibson ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's denial of a design review application, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to approved plans (i.e. landscape plan), located at 252 West Meadow Drive/Lot 8, Vail Village Filing 2. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application pursuant to Chapter 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On July 7, 2004, the Design Review Board denied a design review application pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to approved plans (i.e. landscape plan), located at 252 West Meadow Drive. The appellant, Ted Halaby, property owner, has appealed the Design Review Board's denial. Please refer to the staff memorandum dated August 17, 2004, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Design Review Board's denial of a design review application, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to approved plans (i.e. landscape plan), located at 252 West Meadow Drive/Lot 8, Vail Village Filing 2. Should the Town Council choose to uphold the Design Review Board's decision, the Community Development Department recommends the Town Council make the following finding: 1. The Vail Town Council finds that upon review of the evidence and testimony presented at this public hearing, that the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have been implemented and enforced correctly by the Design Review Board. In making this finding, the Council has relied upon the interpretation of the Town's adopted design guidelines by the appointed members of the Design Review Board. 4. Russ Forrest ITEM/TOPIC: Conference Center. Request to approve contract with Fentress Bradburn. (15 min.) 5. Judy Camp ITEM/TOPIC: First Reading Ordinance No. 21, Series 2004, an Ordinance making supplemental appropriations to the 2004 Budget Supplemental Appropriation No. 2 (10 min.) 6. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 17, Series of 2004, an Ordinance amending Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 17, Series of 2004, to October 5, 2004. BACKGROUND RATIONALE: On July, 12, 2004, the Town of Vail Planning and Environmental Commission voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to Special Development District #4, Cascade Village. On August 3, 2004, the Town Council approved the first reading of Ordinance No. 17, Series of 2004, with a condition, by a vote of 7- 0. The condition of approval requires Vail Resorts to resolve the outstanding issues related to the Protective Covenants of Glen Lyon Subdivision. Vail Resorts is working toward resolution of the covenant issues. They are presently conducting noise level testing and scheduling neighborhood meetings with those individuals party to the covenants. 7. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. 19, Series 2004, an ordinance amending section 6-3C-4 of the Municipal Code of the Town of Vail as it relates to possession of opened containers of vinous liquor; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments, Ordinance No. 19, Series 2004, on second reading. BACKGROUND RATIONALE: Pursuant to certain amendments made to Chapter 47 of Title 12 of the Colorado Revised Statutes an establishment possessing a valid Hotel and Restaurant liquor license may permit a customer of the hotel or restaurant to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the original container did not contain more than 750 milliliters of vinous liquor. As such, certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession of opened containers of vinous liquors, in order to be consistent with state statute STAFF RECOMMENDATION: Approve Ordinance No.19, Series 2004, on second reading. 8. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) r Utility Easements Authorize the Town Manager to sign permanent utility easements (see attachments) for the construction of utilities within Town owned property in Lionshead to allow the relocation of the utilities prior to constructing the Lionshead Core site. Work is scheduled to begin September 7, 2004. ,> Intergovernmental Agreement Authorize the Town Manager to enter into an Intergovernmental Agreement with Eagle River Water and Sanitation District with regards to the East Meadow Drive Construction Project Scheduled to begin September 7, 2004. 9. ITEM/TOPIC: Adjournment (7:35 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, SEPTEMBER 7, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. VAIL TOWN COUNCIL REVISED EVENING SESSION AGENDA (As of 09.03.04, please see Item No. 9) 6:00 P.M. TUESDAY, SEPTEMBER 7, 2004 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (10 min.) 2. Greg Hall ITEM/TOPIC: Village Streetscape /Core Site /East Meadow Drive Update. (10 min.) 3. Russ Forrest ITEM/TOPIC: Conference Center Update (30 min.) 4. ITEM/TOPIC: Consent Agenda. Approval of Town Council Evening Session minutes from 07.20.04, 08.03.04, and 08.17.04. (5 min.) 5. Cal Wettstein ITEM/TOPIC: United States Forest Service /Pine Beetle Update (15 min.) 6. Dennis Stein ITEM/TOPIC: Vail Recreation District (VRD) Update. (30 min.) r Ice Dome ,> Dobson Arena Management /Utilization r November Ballot Questions 7. Judy Camp ITEM/TOPIC: Information Centers /Overview and Award of Contracts. (15 min.) The current contract for operating the Visitor Information Centers in Vail Village and Lionshead expires on September 30, 2004. Staff issued a Request for Proposal (RFP) via public notice in late June asking for three-year proposals to operate the information centers. Responses were received from the Vail Valley Chamber and Tourism Bureau (VVCTB) and the Vail Chamber and Business Association (VCBA). Following review of both proposals, staff recommends awarding a three-year contract, subject to annual appropriation, to the VVCTB. The proposal submitted by the VVCTB met all of the requirements of the RFP. The VVCTB (and its predecessor organizations) has 30 years of experience in managing the Vail visitors' centers and a strong staff as exhibited by the resume's submitted and the quality of their proposal. The proposed business plan from the VVCTB builds upon their current programs as specified in the proposal. The VVCTB requested $173,555 plus 9 blue parking passes to fund 100% of the staffing of the information centers and 50% of the support costs, with the remainder funded from commission received on reservations. The VVCTB's cost was the lower of the two proposals, but represents a higher increase over the current contract than the Town Manager's internal guideline of 2.0 to 2.5%. Therefore, staff further recommends that the amount of the contract for 2004/2005 be reduced to $170,675. The VVCTB also submitted a proposal to re-instate the hours that were cut from the shoulder seasons in 2003/2004, particularly because of the construction anticipated throughout the town and the desire to communicate to our visitors that Vail is "open for business." At this time, staff does not recommend re-instating the additional hours. STAFF RECOMMENDATION: Authorize the Town Manager to enter into negotiations with the VVCTB for information services. 8. Warren Campbell ITEM/TOPIC: Request by Crossroads East One, LLC, to proceed through the development review process with a proposal to construct private improvements on Town of Vail property. (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: It is the desire of Crossroads East One, LLC to apply for a redevelopment application to create a Special Development District (SDD). In conjunction with that application there are several improvements which are proposed within the Town of Vail right-of-way for Village Center Drive and East Meadow Drive. Since Crossroads is proposing to construct and alter 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 Planning and Environmental Commission and Design Review Board applications. The review process for creating a new SDD requires the Planning and Environmental Commission to forward a recommendation of approval or denial to the Council. If Council were to approve the SDD it would require two public readings of an ordinance to establish the SDD. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council give Crossroads East One, LLC and their representative further direction on this matter to proceed through the design review process. 9. Matt Mire ITEM/TOPIC: Resolution No. 20, Series 2004, A Resolution approving the Gore Creek Place Development Agreement (The "Agreement") between the Town of Vail ("The Town") and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek Place Development Site owned by Vail Associates and Affiliates. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 20, Series 2004. BACKGROUND RATIONALE: If the Gore Creek Place Development Agreement is acceptable to the Council, this resolution will acknowledge the Town's formal acceptance of and agreement to the same. 10. Judy Camp ITEM/TOPIC: Second Reading Ordinance No. 21, Series 2004, an Ordinance making supplemental appropriations to the 2004 Budget Supplemental Appropriation No. 2. (10 min.) 11. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) r Cascade Bike Path. (Greg Barrie) Please see the attachments explaining research, conclusions and next steps in re: to maintenance responsibility for the Cascade bike path. Accordingly, staff has added $150,000 to the '05 RETT budget to reflect the town's share of improvements for this section of the bike path, in conjunction w/a proposed cost-share from Holy Cross Electric and the Cascade Village Improvement District (CVID). r Quick Response Vehicle (QRV) Update. To reduce unnecessary expenditures and wear & tear on Type 1 fire engines, Vail Fire has finalized standard operating guidelines for use of the new Quick-Response-Vehicles. Appropriate QRV responses will include; basic first-aid or medical emergencies, selected vehicle accidents on I-70, bicycle accidents on bike paths, off-road accidents on Red Sandstone Rd., Mill Creek Rd. or Vail Mountain, wildland fires and confirmed non-emergent fire alarms in buildings. Fire Officers will determine which vehicle responds- based on nature of call as dispatched. Calls to which a QRV responds requiring additional support will be supplemented by personnel and equipment from another fire station. If an engine is already committed to a call requiring more help, a QRV can be utilized to deliver additional personnel. QRV'S add a new level of flexibility in responding to a variety of emergencies. .> Keg (Barrel Containing Malt Cereal Beverage) Tagging Legislation As participants in a Colorado Department of Transportation (CDOT) underage drinking grant, the Town of Vail Police Department (TOVPD) requested support from the Colorado Association of Chiefs of Police (CACP) to help sponsor "keg tagging" legislation during the present 2004 State of Colorado Legislative Session. The law would require that when kegs are sold, buyers must show identification and fill out a form writing in their names and addresses. A registration "tag"-really asticker- is then affixed to the outside of the keg. The intent of the tagging law is to hold adults accountable for providing alcohol to minors. If law enforcement finds a tagged keg at a party where minors are drinking, they can track it back to the purchaser, who may then face civil or criminal penalties. Mothers Against Drunk Driving has contacted the TOVPD supporting these efforts. The TOVPD is requesting permission to collaborate with the CACP and MADD to sponsor this legislation. ,> Park City Tour For the third time in recent history, a large contingent of Park City, Utah representatives will arrive in Vail to learn about and explore a peer municipality. The contingency will arrive on the evening of September 15. The group will consist of approximately 70 people, including elected officials, staff, a local leadership class of 25 people, and local business members. A 'dine around' with Vail officials and community members will occur on Wednesday night at local restaurants. On Thursday morning, TOV staff will provide a formal program at Donovan Pavilion. Thursday afternoon, TOV staff will provide a tour of redevelopment activities and various local facilities. (Please also see attached schedule) 12. ITEM/TOPIC: 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 EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, SEPTEMBER 21, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. TOWN COUNCIL REVISED EVENING SESSION AGENDA (As of 09.17.04, please see Item No. 3) 6:00 P.M., TUESDAY, SEPTEMBER 21, 2004 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Greg Hall ITEM/TOPIC: Streetscape /East Meadow Drive /Core Site Update. (30 min.) 3. Greg Hall ITEM/TOPIC: Presentation of the Vail Parking Task Force Mike Rose (VPTF) recommendation for 2004-05 Winter Season. The Dick Cleveland VPTF is recommending approval of the 2003-04 rates Farrow Hitt unmodified for the 2004-05 Winter Season. Attached you will find rate sheets from 2003-04. (10 min.) REQUESTED ACTION: Approve, approve with modifications, or disapprove. STAFF RECOMMENDATION: Approve as presented. 4. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Jay Peterson Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village Plaza)/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's denial of a conditional use permit application pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code. BACKGROUND RATIONALE: On August 23, 2004, the Planning and Environmental Commission denied a conditional use permit application pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village Plaza). The appellant, John Slevin, has appealed the Planning and Environmental Commission's denial. Please refer to the staff memorandum dated September 21, 2004, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council overturn the Planning and Environmental Commission's denial of a conditional use permit application, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 100 East Meadow Drive, Units 16 and 17 (Vail Village Plaza)/Lot O, Block 5D, Vail Village Filing 1, subject to the findings in the staff memorandum dated September 21, 2004. 5. Lorelei Donaldson ITEM/TOPIC: Resolution No. 19, Series of 2004, a Resolution of the Town of Vail adopting the State of Colorado Municipal Records Retention Schedule. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 19, Series of 2004. BACKGROUND RATIONALE: The Town currently disposes of records based on a cumbersome paper based procedure. Adopting the State of Colorado Model Records Retention Schedule will give the Town departments a basis upon which to make records disposition decisions for many different types of records without going to the State Archivist for approval each time a new record type is created. It also allows for a less cumbersome disposal of records process. RECOMMENDATION: Approve Resolution No. 19, Series of 2004. 6. Matt Mire ITEM/TOPIC: Resolution No. 20, Series 2004, A Resolution approving the Gore Creek Place Development Agreement between the Town of Vail and the Vail Corporation, D/B/A Vail Associates, Inc., which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek Place Development Site owned by Vail Associates and Affiliates. (10 min.) 7. ITEM/TOPIC: Town Managers Report. (10 min.) 8. ITEM/TOPIC: Adjournment. (8:05) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, OCTOBER 5, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. EVENING SESSION AGENDA 6:00 P.M. TUESDAY, OCTOBER 19, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input 4. ITEM/TOPIC: Town Managers Report 5. ITEM/TOPIC: Adjournment NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, NOVEMBER 2, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M., TUESDAY, OCTOBER 5, 2004 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation. (10 min.) 2. Greg Hall ITEM/TOPIC: Construction / Streetscape Update. (10 min.) 3. Russ Forrest ITEM/TOPIC: Conference Center Update. (5 min.) 4. ITEM/TOPIC: Consent Agenda. Approval of Minutes from 09.07.04 and 09.21.04 Council Meetings. (5 min.) 5. Farrow Hitt ITEM/TOPIC: Award of Vail Information Centers Contract. Kim Ruotolo (1 hr.) Stan Zemler RECOMMENDATION: The Visitor Information Centers Council Subcommittee met Tuesday, September 28, to interview both respondents to the Request for Proposal, the Vail Chamber and Business Association (VCBA) and the Vail Valley Chamber and Tourism Bureau (VVCTB). It is the recommendation of the Vail Information Centers Subcommittee for the Vail Town Council to direct the Town Manager to enter into negotiations with the VVCTB for a one year contract to expire September 30, 2005. NEGOTIATIONS TO INCLUDE: a. Booth Information Displays and Distribution b. Monthly Accountability Summarizing Direct Bookings from the Information Center c. Hours of Operation d. Any Other Current Matters Council Would Like to Address Subsequent to these negotiations, the Council also authorizes the Town Manager to sign this one year contract for the Visitor's Centers with the VVCTB. ON-GOING PROCESS WILL INCLUDE: Recognizing larger issues remain to be considered, the Council members assigned to this subcommittee further recommend continued discussions with the Town Manager and staff to define more specifically the role of information centers, in serving Vail's guests and businesses. These discussions will culminate in a series of policy decisions to be determined by the full Council. 6. Suzanne Silverthorn ITEM/TOPIC: Chamonix Property Master Plan Update. (30 min.) BACKGROUND: Since July 20, 2004, at the direction of the Town Council, the planning team of Davis Partnership/Michael Hazard Associates has been working to facilitate a master land use plan for the town- owned Chamonix property at 2310 Chamonix Rd in West Vail. The purpose of the planning is to accommodate the Town Council's desire for a future fire station on the property, as well as other potential uses. The planning steps, to date, have included: ,> A kick-off meeting with the West Vail neighborhood on Aug. 9, in which five key themes were identified; ,> development of a series of fire station site plan options; r a residential density analysis showing height relationships and density comparisons to existing properties; r a second neighborhood meeting on Sept. 27 in which the most recent work was shared and comments and suggestions were collected. The purpose of the Oct. 5 presentation is to provide an update, answer questions, collect comments from the Town Council, narrow the fire station options to two or three, and describe next steps. 7. Bill Gibson ITEM/TOPIC: An appeal of the Town of Vail Design Review Susan Marks Board's denial of a design review application, pursuant to Chapter Don Marks 12-11, Design Review, Vail Town Code, to allow for a minor exterior alteration (i.e. deck replacement utilizing simulated wood), located at 2685 Bald Mountain Road/Lot 8, Block 2, Vail Village Filing 13. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application pursuant to Chapter 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On October 16, 2001, the Vail Town Council adopted Ordinance No. 25, Series of 2001, amending the provisions of Section 14-10- D, Building Materials and Design, Vail Town Code. These amendments were "to clarify the existing regulations regarding the use of building materials, to create review criteria for the proposed use of building materials, to codify existing unwritten Design Review Board policies into the Development Standards, to allow the Development Standards to be more responsive to the requirements of building and fire codes, and to allow the Development Standards to be adaptive to changing building material technologies." Title 14, Development Standards Handbook, Vail Town Code, regulates the types of building materials allowed within the Town of Vail. These guidelines encourage natural materials, such as wood, and discourage/prohibit synthetic building materials. The market for synthetic wood materials has dramatically increased in the past few years. Acknowledging the merits of these synthetic materials (i.e. low maintenance, mold/decay resistance, fire resistance, etc.) the Design Review Board has established a consistent policy of approving these materials for use as the horizontal floor elements of outdoor decks. However, the Design Review Board has also acknowledge the aesthetic limitations of these materials and has established a consistent policy of not allowing synthetic wood materials to be used for outdoor deck rails, pickets, support columns, steps, fascia, soffit, corbels, trim, etc. Since the adoption of Ordinance No. 25, Series of 2001, numerous decks throughout the Town of Vail have been approved in this manner by both the Design Review Board and the Town Staff, with this being the first time this interpretation of Title 14, Vail Town Code, has been appealed to the Town Council. On July 15, 2004, a Town of Vail Code Enforcement Officer observed illegal construction work occurring at 2685 Bald Mountain Road. The Officer contacted the property owners and informed them that the construction work must be halted and that Town of Vail design review and building permit approvals were required (see Attachment B). On July 21, 2004, the appellant submitted a design review application to replace an existing wood deck at 2685 Bald Mountain Road with Evergrain Decking brand synthetic wood materials (i.e. the illegal construction observed by the Town of Vail Code Enforcement Officer). The Town Staff informed the appellant that the application could be "staff approved" with the condition that all deck rails, fascia, trim, etc. be constructed with natural wood materials (i.e. consistent with Title 14, Vail Town Code, and the Design Review Boards policies). The appellant requested the application be reviewed as submitted (i.e. to replace all elements of the deck with the Evergrain Decking material), so the application was scheduled for review by the Town of Vail Design Review Board. On August 18, 2004, the Design Review Board reviewed the design review application and informed the appellant that the application could be approved with the condition that all deck rails, fascia, trim, etc. be constructed with natural wood materials. The appellant requested that the Design Review Board review the application as submitted. The Design Review Board denied the design review application, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a minor exterior alteration (i.e. replacing the entire deck with Evergrain Decking materials) located at 2685 Bald Mountain Road. On September 3, 2004, the appellants, Susan and Don Marks, property owners, appealed the Design Review Board's denial (see Attachment C). Please refer to the October 5, 2004, Staff memorandum for additional information. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council upholds the Design Review Board's denial of a design review application, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a minor alteration, located at 2685 Bald Mountain Road/Lot 8, Block 2, Vail Village Filing 13, subject to the following finding: The Vail Town Council finds that upon review of the evidence and testimony presented at this public hearing, that the standards and conditions imposed by the requirements of Title 14, Development Standards Handbook, Vail Town Code, have been implemented and enforced correctly by the Design Review Board. In making this finding, the Council has relied upon the interpretation of the Town's adopted design guidelines by the appointed members of the Design Review Board. Should the Vail Town Council choose to overturn the Design Review Board's denial, the Community Development Department recommends the Vail Town Council makes the following findings: The Vail Town Council finds that upon review of the evidence and testimony presented at this public hearing, that the standards and conditions imposed by the requirements of Title 14, Development Standards Handbook, Vail Town Code, have not been implemented and enforced correctly by the Design Review Board. In making this finding, the Council has relied upon the interpretation of the Town's adopted design guidelines by the appointed members of the Design Review Board. Additionally, should the Vail Town Council choose to overturn the Design Review Board's denial, the Community Development Department recommends that the Vail Town Council directs Staff to amend Section 14-10-D, Building Materials and Design, Vail Town Code, to allow the exterior use simulated wood materials. 8. Elisabeth Eckel ITEM/TOPIC: An appeal of the August 18, 2004 Design Review Board (DRB) denial of an application for changes to approved plans at the Vail Mountain Lodge located at 352 East Meadow Drive, Tract B/Vail Village 1St Filing. (10 min.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or modify the DRB's denial of an application for changes to approved plans at the Vail Mountain Lodge located at 352 East Meadow Drive, Tract B/Nail Village 1St Filing. BACKGROUND RATIONALE: On August 18, 2004, the DRB went on a site visit and performed a final review of the applicant's proposal for changes to approved plans on the subject property, and voted 5-0 in denial of the application. At the time of the original application in the fall of 2003, the DRB approved an enclosure of the Terra Bistro deck on the east side of the Vail Mountain Lodge. The approval was a result of the Design Review Board's request that the deck enclosure be octagonally-shaped, with an interesting roofline. Since that time, financial and practical issues arose as a result of the enclosure shape that the DRB approved and requested. Therefore, the applicant submitted an application for changes to approved plans to keep the deck enclosure in the original, rectangular shape. As a result of the DRB denial, the appellant, Mr. Stanley Cope is requesting that the Council modifies the Design Review Board denial of his application to keep the deck foundations, and consequently the enclosure, with the same shape. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the DRB's denial of the application for changes to approved plans at the Vail Mountain Lodge located at 352 East Meadow Drive, Tract B/Nail Village 1St Filing. 9. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 17, Series of Jay Peterson 2004, an ordinance amending Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 17, Series of 2004, to January 4, 2005. BACKGROUND RATIONALE: On July, 12, 2004, the Town of Vail Planning and Environmental Commission voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to Special Development District #4, Cascade Village. On August 3, 2004, the Town Council approved the first reading of Ordinance No. 17, Series of 2004, with a condition requiring resolution of issues related to the Protective Covenants of Glen Lyon Subdivision, by a vote of 7-0. On August 17, 2004, the Town Council tabled the second reading of Ordinance No. 17, Series of 2004, to October 5, 2004, to allow Vail Resorts additional time to resolve the covenant issues. The outstanding covenant issues have not yet been resolved; therefore, Vail Resorts is requesting the second reading of Ordinance No. 17, Series of 2004, again be tabled to a future Town Council meeting. 10. Matt Mire ITEM/TOPIC: Resolution No. 20, Series 2004, A Resolution approving the Gore Creek Place Development Agreement between the Town of Vail and the Vail Corporation, D/B/A Vail Associates, Inc., which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek Place Development Site owned by Vail Associates and Affiliates. (10 min.) ACTION REQUESTED OF COUNCIL: Table Resolution No. 20, Series 2004 to October 19, 2004 evening session. 11. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) r Ice Dome Staff has gathered information on the re-sale value of the Ice Dome and has prepared a timetable for sealed bids. A component of the bid process will be a requirement that all bids contain a minimum purchase price of $375,000. The process includes issuing a public notice on Oct. 6. Bids would then be due on Oct. 27, followed by a bid opening on Oct. 28, and a review by the Town Council on Nov. 2. The town will specify the bubble is to be sold as-is and the town will reserve the right to accept or refuse any or all bids. .- Community Meeting The annual community meeting has been set for Thursday, December 30, 2004, at the Donovan Pavilion. Staff has already begun the process to apply for a Special Events Permit (e.g., 1 day liquor license for that event). r Joint Council Meeting with Town of Breckenridge Agenda Council is asked if they have any items they would specifically care to have included on the joint Town of Breckenridge / TOV Council meeting agenda. r Grant of Utility Easement for Tract B, Vail /Lionshead Third Filing Authorize the Town Manager to sign permanent utility easements (see attachment) for the construction of utilities within town owned property in Lionshead to allow the relocation of the utilities prior to constructing the Gore Creek Town Homes and Lionshead Core site. 12. ITEM/TOPIC: Adjournment (8:55 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, OCTOBER 19, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M., TUESDAY, OCTOBER 19, 2004 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Greg Hall ITEM/TOPIC: Streetscape Update. (10 min.) 3. Jay Peterson ITEM/TOPIC: Pulis Covenant Removal. Amendment to George Lamb Covenants, Vail Valley 3~d Filing. (10 min.) 4. Russ Forrest ITEM/TOPIC: Conference Center Site Planning and Design update (1 %2 hrs.) ACTION REQUESTED OF COUNCIL: r Update the Vail Town Council on progress to date regarding Master Planning the site. Instead of a final plan, the Design Team would like to review several different options which impact the site plan before finalizing it. ,> The Design Team would also like to introduce three alternative architectural concepts prior to reviewing them in public meetings on October 21st. ,> The Committee would like to update the Vail Town Council on the groups discussions regarding governance of the facility r Finally staff would like to review proposed next steps. 5. Matt Gennett ITEM/TOPIC: An appeal of the September 1, 2004, Design Review Board (DRB) approval of a proposal made by Vail Viking, Ltd. to build a new single family residence ("Keck Residence") located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5th Addition, by the owners of 4839 Meadow Drive/Lot 17, Block 5, Bighorn Stn Addition, Robert and Kathryn Valleau. As adjacent property owners, the Valleaus have standing to file an appeal. (1 hr.) ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or modify the DRB's approval of the proposed new single family residence located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5th Addition. BACKGROUND RATIONALE: On July 21, 2004, the applicants and their representative, Dominic Mauriello, went before the DRB for a final review of a design for a new single family home on the applicant's property, Lot 4, Block 5, Bighorn 5th Addition, and received a vote of denial by the DRB. The applicants and their representative were directed by the DRB to modify their design based upon the input voiced by a group of concerned, neighboring property owners present at the hearing. On August 18, 2004, the applicants and their representative went before the DRB for a conceptual review of a new application for a single family residence on the subject property and received direction to adjust their new plans to further address the concerns voiced again by the opposed group of neighboring property owners. On September 1, 2004, the DRB approved the revised plans submitted by the applicants for a new single family residence pursuant to the Design Guidelines and Development Standards Handbook of the Vail Town Code, in addition to the modifications made to the previous design in response to the extensive input. STAFF RECOMMENDATION: Staff recommends that the Town Council uphold the DRB's approval of the proposed new residence located at 4916 Juniper Lane/Lot 4, Block 5, Bighorn 5th Addition, as it meets the pertinent criteria of the Design Guidelines and the Development Standards Handbook. 6. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. #24, Series of 2004, an Zehren Associates ordinance establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 24, Series of 2004. BACKGROUND RATIONALE: On September 13, 2004, the Town of Vail Planning and Environmental Commission held a public hearing on a request to establish Special Development District No. 38, Manor Vail Lodge. The purpose of the new Special Development District is to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. Upon review of the request, the Planning and Environmental Commission voted 6-0-1 (Gunion recused) to forward a recommendation of approval of the request to establish Special Development District No. 38, Manor Vail Lodge, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated October 19, 2004, for further details (attached). STAFF RECOMMENDATION: 2 The Community Development Department recommends that the Vail Town Council approves Ordinance No. 24, Series of 2004, on first reading. 7. Matt Mire ITEM/TOPIC: Resolution No. #20, Series 2004. A resolution approving the Gore Creek Place Development Agreement (the "Agreement") between the Town of Vail (the "Town"), the Vail Reinvestment Authority (the "Authority") and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek owned by Vail Associates and Affiliates. (10 min.) 8. Matt Mire ITEM/TOPIC: First Reading, Ordinance No. #22, Series 2004. Adoption of Core Site Development Improvement Agreement (the "Agreement") between the Town of Vail (the "Town"), the Vail Reinvestment Authority (the "Authority") and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Core Development Site owned by Vail Associates and Affiliates. (10 min.) 9. Matt Mire ITEM/TOPIC: Resolution No. 21, Series 2004. A resolution approving the Parking Capital Investment Agreement (the "Agreement") between the Town of Vail and Vail Associates. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution 21, Series 2004. BACKGROUND RATIONALE: Vail Associates has agreed to invest up to $4.3 million to augment the Town's public parking capability, pursuant to the terms and conditions contained in the Agreement. The Agreement can not become effective until it has been adopted and approved by the Town Council via resolution. STAFF RECOMMENDATION: Approve Resolution No. 21, Series 2004. 10. Stan Zemler ITEM/TOPIC: Town Managers Report. (15 min.) r Skateboard Park Attached you will find a letter from our risk insurance provider stating the skateboard park is no longer insurable. Thus, the park venue has been condemned and carted away. In the '05 budget overview, staff has recommended returning the issue of the skateboard park to the Capitol Committee for site recommendation, as well as moving the '07 RETT funding forward to '05. r Construction for Dobson fire mitigation has begun. Formal budget authorization will take place with the third supplemental appropriation. r Council Contribution Follow-up Please see attachment. r Outdoor Primitive Ice Skating Surface At the Capitol Committee meeting on October 7, direction was given to staff of both the VRD and TOV to assemble cost estimates for an outdoor ice surface adjacent to the golf course clubhouse. Additionally, Council has received input from a VRD board member following VRD's discussion October 12th, with further clarification from Jody Blackburn, VRD's finance director. It is possible these costs could be reduced considerably for this upcoming season if: 1) Dasher boards are eliminated and a natural snow berm is created. 2) Grass seed or artificial sod (1 time cost) is used rather than regular sod. 3) Under the "Electrical" category, the first two items in re: to switch gear and lighting panel are already to be eliminated as this was work that would have to have been completed to bring the facility up to code only if the bubble went back up. It is not required for an outdoor ice surface only. 4) Under labor, the proposal for VRD to supply 3 workers and the town 5 workers. With direction from Council, town employees can be used for this project but will be displaced from work assignments already in place. In the past, as well, staff has been asked to give an overall effective cost to the town, which is why the labor is included. The elimination of the above materials amounts to $16,230. Please see attached the original proposed construction/set up costs, as well as a "Proposal and Operating Plan." 11. ITEM/TOPIC: Adjournment. (10: 30 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING 4 WILL BEGIN AT 6 P.M. TUESDAY, NOVEMBER 2, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information TOWN COUNCIL PUBLIC MEETING AGENDA 4:45 P.M., TUESDAY, NOVEMER 2, 2004 (Immediately Following TRAHC) VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Greg Hall ITEM/TOPIC: Streetscape Update. (5 min.) 3. ITEM/TOPIC: Consent Agenda. Approval of Public Session Minutes from 10.06.04 and 10.19.04. (5 min.) 4. Russ Forrest ITEM/TOPIC: Conference Center Update. (30 min.) r Short-Listing General Contractors. r Public Input. 5. Pam Brandmeyer ITEM/TOPIC: Ice Dome Bids. (15 min.) r Store for additional year. .> Re-advertise (OBO). ,> Defer until Vail Recreation District election (VRD). ,> Western Eagle County Metropolitan Recreation District (WECMRD), Consider Valley Wide Options. ,> Valley Wide Ice Users Alliance (VWIUA). 6. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1St Filing, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve a continuance of this appeal to the Town Council's November 16, 2004 public hearing. BACKGROUND RATIONALE: To ensure appropriate notification to adjacent property owners, this item must be continued to the Town Council's November 16, 2004, public hearing. STAFF RECOMMENDATION: Approve a continuance of this appeal to the Town Council's November 16, 2004 public hearing. 7. Judy Camp ITEM/TOPIC: First Reading of Ordinance No. 25, Series of 2004. 2005 Budget Ordinance. (20 min.) 8. Russ Forrest ITEM/TOPIC: First Reading of Ordinance No. 26, Series of 2004, an ordinance amending Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, adding "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 zone district, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 26, Series of 2004, on first reading. BACKGROUND RATIONALE: On October 11, 2004, the Planning & Environmental Commission held a public hearing to review a request to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 zone district. Upon review of the request, the Planning & Environmental Commission voted (4-1 Jewitt opposed) to forward a recommendation of approval, with modifications, of the text amendment to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 26, Series of 2004, on first reading. 9. Matt Mire ITEM/TOPIC: Second Reading, Ordinance No. #22, Series 2004. Adoption of Core Site Development Improvement Agreement (the "Agreement") between the Town of Vail (the "Town"), the Vail Reinvestment Authority (the "Authority") and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Core Development Site owned by Vail Associates and Affiliates. (10 min.) 10. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. #24, Series of 2004, Zehren Associates an ordinance establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. (5 min.) STAFF RECOMMENDATION: Table as the applicant and staff are working on the final language of the Development Improvement Agreement as directed by Town Council. 11. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) ,> Vail Valley Athlete Commission Attached you will find abbreviated background information on athletes who applied for winter'04-'05 funding from the Vail Valley Athlete Commission. The commission is jointly funded by Beaver Creek Resort Company, Vail Resorts, Vail Valley Foundation and the Town of Vail. Criteria for awards is also included. Based on the criteria, the following awards were made: Sarah Schleper $5,250 Julie Littman 2,750 Stacia Hookom 2,500 Steven MacCutcheon 2,250 Nathan Asoian 1,250 Clair Bidez 1,000 Dylan Bidez 1,000 Lisa Isom 1,000 Kevin Hochtl 500 Deacon Maloney 500 .- Council Contributions 1) Bravo! Colorado/New York Philharmonic a. If Vail is a major contributor to this summer residency, why is Bravo! hosting presentations at libraries other than the town's, e.g., Avon, Eagle, etc. b. If Vail is a major contributor to this summer residency, why is Bravo! housing musicians at a hotel outside the Town of Vail? In an attachment to the Town Manager's Report you will find a response from Bravo! Vail Valley Music Festival to questions posed earlier by Council. As a further note, library staff has stated they will be delighted to host four children's concerts at the Vail Library this coming summer. 12. ITEM/TOPIC: Adjournment. (6:55) NOTE UPCOMING MEETING ART TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, NOVEMBER 16, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information TOWN COUNCIL REVISED EVENING SESSION AGENDA (As of 11.12.04, please see Item No. 8) VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, NOVEMER 16, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation. (10 min.) 2. Greg Hall ITEM/TOPIC: Streetscape Update. (10 min.) 3. Russ Forrest ITEM/TOPIC: Conference Center Update. (10 min.) ACTION REQUESTED OF COUNCIL: Staff would like to review public input received to date on the three architectural images and proposed next steps. Staff anticipates forwarding a recommendation from the Conference Center Advisory Committee on the architectural direction, adoption of a master plan for the conference center/Lionshead Parking structure area, and governance of the facility at the Town Council's December 7 meeting. 4. Suzanne Silverthorn ITEM/TOPIC: Chamonix Property Master Plan Update and a request to proceed through the Town of Vail development review process for the Town-owned Parcel located at 2310 Chamonix Road/Tract D, Vail Das Schone Filing 1. (45 min.) BACKGROUND: In July 2004, the Vail Town Council authorized the Town Manager to hire the planning team of Davis Partnership/Michael Hazard Associates to facilitate a master land use plan for the town-owned Chamonix property at 2310 Chamonix Road. The town initiated the planning process to determine how best to accommodate a future fire station on the 3.6 acre parcel, as well as other compatible uses. The work has included preparation of 7 site plan options for a future fire station on the property, which has since been narrowed to 2 options following a series of neighborhood and Town Council discussions. In addition, a Land Use Plan defining four main areas was created showing location of a fire station on the southernmost portion of the property, a development zone in the middle of the parcel, an open space zone to the north which would buffer the development area from the existing neighborhood, and recreation areas located on the east and west sides of the property to accommodate neighborhood uses. In addition, two master plan options were developed and presented at a neighborhood meeting on Nov. 1. Option 1 represents a low density and low use development, while Option 2 represents a high density, mixed-use development. Those in attendance at the meeting expressed a degree of comfort with Option 1, due to its residential emphasis. There were concerns about Option 2, due to the potential for commercial or retail development, which is not seen as desirable by those who have attended the neighborhood meetings. The purpose of the update on November 6 is to review the process, to date, and to receive direction from the Town Council on next steps. ACTION REQUESTED OF COUNCIL: Based upon the feedback from the neighborhood meetings, consultation with the citizen review team and the Community Development Department, staff recommends Council approve a request to proceed through the Town of Vail review process for master planning the town-owned parcel at 2310 Chamonix Road. Please note that an approval of this request does not constitute an approval of any of the other required applications associated with this request. It simply allows the town to proceed through the development review process. No commercial or retail uses would be allowed within the recommended master plan area. Should the Town Council approve the request to proceed through the process, the next step would be an evaluation of the proposed land use plan for the Chamonix property by the Planning and Environmental Commission. STAFF RECOMMENDATION: Approve request to proceed through the Town of Vail development review process. 5. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1St Filing, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval of a conditional use permit application pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code. BACKGROUND RATIONALE: On September 13, 2004, the Planning and Environmental Commission approved a conditional use permit application, 2 pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road. The appellants, Bridge Street Lodge Residential Owners Association and its individual owners, have appealed the Planning and Environmental Commission's approval. Please refer to the staff memorandum dated November 2, 2004, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot 6~kt~~Vh¢ivlrAill~m~iFi~hgose to uphold the Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1St Filing, and setting forth details in regard thereto; the Community Development Department recommends the Town Council1m~lo~attfib~gtlo~mw~~ ~kttioa,~~on of the use is in accordance with the purposes of this title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the giciTiffi~at the proposed use will comply with each of the applicable provisions of this title. Should the Town Council choose to overturn the Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1St Filing, and setting forth details in regard thereto; the Community Development Department recommends the Town C.oTihatl ttr~4p~~pe~ei~inatifi~e use is not in accordance with the purposes of this title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will not comply with each of the applicable provisions of this title. 6. Sybill Navas ITEM/TOPIC: First Reading of Ordinance No. 30, Series of 2004, Pam Brandmeyer the Town of Vail amending Title 3, Chapter 6, of the Vail Town Matt Mire Code regarding the Commission on Special Events and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. #30, Series of 2004. BACKGROUND RATIONALE: The Commission on Special Events currently requires that three of the five member board represent specific areas of the business community; restaurant, lodging and retail and two at-large voting members. In addition, the current ordinance contains a self imposed conflict of interest provision which is not imposed on other town boards and is unique to the CSE. This scenario continues to create conflicts of interest. In the past several months, various voting members have had to resign due to conflicts of interest. By expanding the board from 5 to 7 members, deleting the self imposed conflict of interest provision and having all members at-large will enable the board to attract members of the community with expertise in special events and will also allow this board to function like other Town of Vail boards. (i.e. When a voting member has a conflict they would recuse themselves from voting on that item). This will enable the CSE to more effectively carry out its functions and responsibilities. RECOMMENDATION: Approve or approve with amendments, Ordinance No. #30, Series of 2004. 7. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. #24, Series of 2004, Zehren Associates an ordinance establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. (5 min.) BACKGROUND RATIONALE: The applicant has requested the Ordinance be tabled to facilitate the development of an incentive program for the new units to be included in a rental pool making them more likely to be warm beds. (10 min.) 8. Russ Forrest ITEM/TOPIC: Second Reading of Ordinance No. #26, Series of 2004, an ordinance amending Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, adding "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 zone district, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. #26, Series of 2004, on second reading. BACKGROUND RATIONALE: 4 On October 11, 2004, the Planning & Environmental Commission held a public hearing to review a request to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 zone district. Upon review of the request, the Planning & Environmental Commission voted (4-1 Jewitt opposed) to forward a recommendation of approval, with modifications, of the text amendment to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. #26, Series of 2004, on second reading. 9. Judy Camp ITEM/TOPIC: First Reading of Ordinance No. #27, Series 2004, an Ordinance making supplemental appropriations to the 2004 Budget, Supplemental Appropriation No. #3. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments, Ordinance No. #27, Series 2004, on first reading. BACKGROUND RATIONALE: To be provided in separate memo. 10. Judy Camp 11. Judy Camp STAFF RECOMMENDATION: Approve Ordinance No. 27, Series 2004, on first reading. ITEM/TOPIC: First Reading of Mill Levy Certification, Ordinance No. #28, Series 2004. (15 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. #28, Series 2004, on first reading. 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 for current information from Eagle County for accurate numbers. STAFF RECOMMENDATION: Approve Ordinance No. #28, Series 2004, on first reading. ITEM/TOPIC: Second Reading of Ordinance No. #25, Series of 2004 Budget Ordinance. (15 min.) BACKGROUND RATIONALE: The Commission on Special Events (CSE) has requested either transferring both Vail America Days/July 4th (proposed funding: $50,000) and Holidays in Vail/Christmas/holiday (proposed funding: $25,000) to Council Contributions under the category of "culturally designated events," with Council absorbing the additional cost; or, providing sufficient additional funding to the CSE to produce both holiday events since it is Council's desire to fund both events at their current levels. STAFF RECOMMENDATION: The Town Manager recommends Council not move Vail America Days and Holidays in Vail/Christmas into the "culturally designated events" category. Instead he recommends increasing CSE's budget by $25,000 in 2005 only to help pay for these events and instructing CSE to fund both events. The Town Manager has reduced other items so there is no incremental cost compared with the budget as presented for first reading. 12. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) ,> Request for Donovan Pavilion Donation Attached you will find a request from the Youth Foundation re: a donation of one day as an auction item for a fundraiser. It is the Donovan Pavilion subcommittee's recommendation to deny the request. With over 70 non-for-profits in the county, this would set a risky precedent that could seriously erode the bookings of the facility. 13. ITEM/TOPIC: 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 EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, DECEMER 7, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information 6 TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, DECEMBER 7, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input (10 min.) 2. John Brendza ITEM/TOPIC: Eagle County Schools Update. (5 min.) BACKGROUND RATIONALE: The Eagle County School District, RE50J, is currently re-doing its marketing efforts, and as a part of that undertaking, is reaching out to all the municipalities and quasi-governmental organizations to "open the doors to communication." Having already approached the towns of Eagle and Gypsum, John Brendza, Superintendant of Schools, has requested a few moments of time to address this new initiative. 3. Nino Licciardi ITEM/TOPIC: Vail Recreation District. (15 min.) Peter Cook ,> Request for co-pay for Outdoor Ice Sheet. VRD requests TOV financial assistance (50%) in providing a free outdoor ice rink at the Vail Golf Club driving range. Estimated costs of $5,000 plus potential turf replacement are being requested. r Request for $60,000 in RETT funds for capital improvements to Ford Park clay courts. VRD request RETT funds for capital repairs on the Ford Park Clay Tennis Courts as per TOV/VRD lease of 12.21.93: "Maintenance and Repairs." Courts require substructure (irrigation) and fencing repairs for an estimated total cost of $60,000 for the two north banks of courts. 4. Russ Forrest ITEM/TOPIC: Architectural Direction on the Vail Conference Center. (60 min.) ACTION REQUESTED OF COUNCIL: The Town Council is requested to provide direction on the architectural direction for the conference center. Three alternative approaches have been developed and discussed with the community over the last 4 weeks. Other items the Committee would like to review with the Town Council include: ,> Review progress to date on the site planning and circulation for the facility, and r Receive an update on the Master Plan for the facility RECOMMENDATION: The Conference Center Advisory Committee reviewed the public input associated with the three design alternatives on November 18th. After reviewing the public input and the associated costs with each design option the Committee would like to forward a recommendation for the "Architectural Vision Inspired by Nature." 5. Lorelei Donaldson ITEM/TOPIC: Current Ford Park Paid Parking dates Pam Brandmeyer for the 2005 Summer Calendar. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments the summer calendar for Ford Park paid parking dates for 2005. BACKGROUND RATIONALE: The 2005 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has been compiled by the Ford Park User Committee from our meeting on November 29, 2004. We are requesting your review and approval of the calendar for paid parking dates at Ford Park for the Summer, 2005 schedule. There are currently 40 days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. RECOMMENDATION: Approve or approve with amendments, the summer calendar for Ford Park paid parking dates for 2005. 6. Matt Mire ITEM/TOPIC: First reading of Ordinance No. #23, Series 2004. An ordinance amending the Vail Town Code regarding the jurisdiction of the Town of Vail Municipal Court and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. #23, Series 2004, on first reading. BACKGROUND RATIONALE: A recently decided Colorado Supreme Court case (Town of Frisco v. Baum, 90 P. 3d 845 (Colo. 2004), appears to have expanded the jurisdiction of the municipal court in certain home rule municipalities that have adopted charter language granting themselves "exclusive and original" jurisdiction. More specifically, the Supreme Court's decision upheld the ruling of the District Court, that it lacked jurisdiction over a C.R.C.P. Rule 106 appeal of a zoning decision and that such cases are the jurisdiction of the municipal court. Since the Town of Vail has also adopted such charter language and since our belief is that the municipal court is NOT the proper venue for these matters, Ordinance 23, 2004, operates to limit the jurisdiction of the Town of Vail Municipal Court to handling criminal matters. STAFF RECOMMENDATION: Approve Ordinance No. #23, Series 2004, on first reading. 7. Bill Carlson ITEM/TOPIC: First Reading of Ordinance No. #31, Series of 2004, an ordinance amending Section 12-11-4, National Pollution Discharge Elimination System, Section 12-11-6, Erosion Control, and Section 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table the first reading of Ordinance No. #31, Series of 2004, to December 21, 2004. BACKGROUND RATIONALE: On November 8, 2004, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments. 8. Matt Mire ITEM/TOPIC: First Reading of Ordinance #32, Series of 2004. An ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., that public right-of-way constituting those portions of Red Sandstone Road contiguous to either Tract A or Tract B, South Frontage Road Subdivision. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance #32, Series of 2004. BACKGROUND RATIONALE: The Town Council and the Director of Public Works, have found and determined that the public use, convenience and necessity no longer require within its system of public ways the portion of Red Sandstone Road that is contiguous to either of Tracts A and B, South Frontage Road Subdivision, and that intersects with South Frontage Road on the south and I-70 right-of-way parcels on the north; the vacation is also in furtherance of satisfying the requirements under that certain Gore Creek Place Development Agreement made among the Town of Vail, The Vail Corporation, d/b/a Vail Associates, Inc., and Vail Reinvestment Authority dated November 8, 2004 STAFF RECOMMENDATION: Approve Ordinance No. #32, Series of 2004. 9. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. #24, Series of 2004, an ordinance establishing Special Development District (SDD) No. #38, Manor Vail Lodge, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #24, Series of 2004. BACKGROUND RATIONALE: On October 19, 2004, the Town Council approved the first reading of Ordinance No. #24, Series of 2004, by a vote of 7-0. In conjunction with the approval the Council requested that the applicant and staff provide a copy of the proposed Manor Vail Lodge Development Agreement. In addition, Council requested that the applicant develop a program which would encourage the new units to be included within the rental base of Manor Vail Lodge. It was requested by Council that staff explore in greater detail how the proposed $100,000 for streetscape improvements would be best utilized. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approve Ordinance No. #24, Series of 2004, on second reading. 10. Judy Camp ITEM/TOPIC: Second Reading of Ordinance No #27, Series of 2004, an Ordinance making supplemental appropriations to the 2004 budget. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. #27, Series 2004. BACKGROUND RATIONALE: Ordinance No. #27 was approved as amended upon first reading on November 16th. The ordinance presented here reflects the amendments requested at that time. STAFF RECOMMENDATION: Approve Ordinance No. #27 upon second reading. 11. Judy Camp ITEM/TOPIC: Second Reading of Mill Levy Certification, Ordinance No. #28, Series 2004. (5 min.) 12. Sybill Navas ITEM/TOPIC: Second Reading of Ordinance No. 30, Series of Pam Brandmeyer 2004,the Town of Vail amending Title 3, Chapter 6, of the Vail Matt Mire Town Code regarding the Commission on Special Events and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. #30, Series of 2004. BACKGROUND RATIONALE: The Commission on Special Events currently requires that three of the five member board represent specific areas of the business community; restaurant, lodging and retail and two at-large voting members. In addition, the current ordinance contains a self imposed conflict of interest provision which is not imposed on other town boards and is unique to the CSE. This scenario continues to create conflicts of interest. In the past several months, various voting members have had to resign due to conflicts of interest. By expanding the board from 5 to 7 members, deleting the self imposed conflict of interest provision and having all members at-large will enable the board to attract members of the community with expertise in special events and will also allow this board to function like other Town of Vail boards. (i.e. When a voting member has a conflict they would recuse themselves from voting on that item). This will enable the CSE to more effectively carry out its functions and responsibilities. RECOMMENDATION: Approve or approve with amendments, Ordinance No. #30, Series of 2004. 13. Russ Forrest ITEM/TOPIC: Resolution No. #22, Series of 2004. A Resolution approving and accepting, on behalf of the Town of Vail (the "Town" or "Grantee"), a special warranty deed from Buffehr Creek Partners, a Colorado Limited Partnership (the "Grantor"), which deed pertains to a certain parcel of land within the Town of Vail and which is encumbered by a conservation easement in favor of the Eagle Valley Land Trust, a nonprofit Colorado corporation (the "Trust"); and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. #22, Series of 2004. BACKGROUND RATIONALE: In December of 2003, Grantor acknowledged that this nine acre property has significant scenic, aesthetic and open space values as set out in the Colorado Revised Statutes, and the Grantor conveyed a Deed of Conservation Easement in favor of the Eagle Valley Land Trust in order to permanently preserve the entire Property as open space for the use and enjoyment of the general public. The Grantor now desires to deed its interest in the Property to the Town if the Town is willing to accept said deed subject to the Easement. STAFF RECOMMENDATION: Approve Resolution No. #22, Series of 2004. 14. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) ,> 12.30.04 Annual Town Meeting Format. The Annual Town Meeting is scheduled for Dec. 30 at the Donovan Pavilion. Staff is proposing the following format: 4:00 p.m. Doors open to view Open House Displays on various projects. 4:30 p.m. Welcome and Introductions by Mayor Slifer. 4:40 p.m. TOV Financial Overview and Key Milestones, Stan Zemler/Staff. 5:00 p.m. Panel Discussion on Resort Trends featuring Local and Regional Experts. 5:50 p.m. Panel Q&A moderated by Stan Zemler. 6:15 p.m. Wrap up by Mayor Slifer and Town Council. If this format meets with Council's approval, staff will begin making arrangements to recruit members of the panel. 15. ITEM/TOPIC: Adjournment. (10:00 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, DECEMER 21, 2004, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, DECEMBER 21, 2004 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Sybill Navas ITEM/TOPIC: Youth Ambassador Introduction. (5 min.) Scott O'Connell r Natalie Thoburne, Benalla Shire r Geoff Ham, Mansfield Shire r Christina Harrison, Battle Mountain High School. ,> Kyle Moore, Battle Mountain High School 3. Dwight Henninger ITEM/TOPIC: Police Department Recognition of Code Enforcement Officer Moses Gonzales for outstanding/meritorious service to the Town of Vail and Eagle County. (5 min.) 4. Lorelei Donaldson ITEM/TOPIC: Vail Local Marketing District Advisory Committee (VLMDAC) Appointments. (30 min.) ACTION REQUESTED OF COUNCIL: Appoint five applicants to the VLMDAC for a term of two years each (through December, 2006). Please note that the fifth vacancy is a committee seat held by a member of Vail Resorts, Inc. (VRI). Currently, this appointment is held by Ian Arthur, representing VRI. Bill Jensen of VRI, was contacted and he confirmed that Ian Arthur will continue to represent VRI on the VLMDAC. BACKGROUND RATIONALE: There are currently four vacancies (plus the VRI vacancy) on the VLMDAC. The Town received seven (7) applications for the vacancies. Four applicants are incumbent members of the VLMDAC (noted by asterisks below). The Council needs to interview each applicant at the work session and then appoint five applicants to the Vail Local Marketing District Advisory Council at the evening meeting. The applicants are as follows: ,> Todd Gerhke r J. Scott Gubrud ,> Robert Llewellyn ,> Rick Scalpello r Beth Slifer* ,> Pamela Stenmark* r Christine Werner* r Ian Arthur, VRI representative (no letter attached) I have also enclosed an attendance summary for the VLMDAC for your review. *'s Denotes Board Members who would like to be re-appointed. RECOMMENDATION: Appoint a total of five members to the VMLDAC including Ian Arthur, representing VRI for two year terms each. 5. ITEM/TOPIC: Consent Agenda. Approval of minutes from 11.02.04 and 11.16.04. (5 min.) 6. Brett Lloyd ITEM/TOPIC: Seibert Circle Redesign process. (30 min.) Streetscape Committee Public Works Admin. ACTION REQUESTED OF COUNCIL: Direct the design team to proceed with a design for Seibert Circle. Review design themes and advise and approve a direction. Review and approve a plan for community input. Review and approve a schedule. Set budget for the project. BACKGROUND RATIONALE: The Art in Public Places board has recommended Seibert Circle is redesigned in conjunction with the streetscape improvements on Bridge Street and Hanson Ranch Road. By continuing the cobble paving on Bridge Street into the plaza, Seibert Circle will appear more fully integrated into the new village design. A new design for Seibert Circle should include a central feature that will have appeal throughout each season of the year and could include light, water, ice, fire, seating and green space. Seibert Circle would continue to function as a gathering place. A preliminary budget for the project has been developed and Vail Resorts has tentatively pledged $500,000 to assist with the cost of a new public art feature. RECOMMENDATION: AIPP has made the further recommendation the existing sculpture is relocated to a park-like setting. 7. Carl Walker ITEM/TOPIC: Vail Memorial Park. (15 min.) Merv Lapin BACKGROUND RATIONALE: In 2003, Council granted a $50,000 loan to cover start up costs including design and construction of the Vail Memorial Park. The board of directors for the park is now in a position to start re- payment of that loan; however, they have submitted an alternative proposal for Council's consideration. If the Council would be so inclined, the board would gratefully accept the contribution of that original amount, entitling the town to become a "benefactor" of the Memorial Park. STAFF RECOMMENDATION: In that the town has already contributed the land at no cost to the Vail Memorial Park, the staff requests the loan of $50,000 be repaid to the town and the Vail Memorial Park Board of Directors include the Town of Vail as a benefactor. 8. Russ Forrest ITEM/TOPIC: ITEM/TOPIC: Request to purchase Tap Fees for Mike Winters Conference Center in 2004. (30 min.) Curt Fentress ACTION REQUESTED OF COUNCIL: Consider a recommendation from the Committee to purchase water and sewer taps for the Charter Bus Lot site prior to December 31, 2004. After this date water and sewer tap fees will increase significantly. These tap fees are transferable or can stay with the land if the Conference Center is not built. Recommendation: The Conference Center Advisory Committee is recommending the Town of Vail spend not more than $1.2M out of the Conference Center budget for the purchase of the water and sewer taps for the conference center project. The actual amount spent could be less. 9. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. #23, Series 2004. An ordinance amending the Vail Town Code regarding the jurisdiction of the Town of Vail Municipal Court and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. #23, Series 2004, on first reading. BACKGROUND RATIONALE: A recently decided Colorado Supreme Court case (Town of Frisco v. Baum, 90 P. 3d 845 (Colo. 2004), appears to have expanded the jurisdiction of the municipal court in certain home rule municipalities that have adopted charter language granting themselves "exclusive and original" jurisdiction. More specifically, the Supreme Court's decision upheld the ruling of the District Court, that it lacked jurisdiction over a C.R.C.P. Rule 106 appeal of a zoning decision and that such cases are the jurisdiction of the municipal court. Since the Town of Vail has also adopted such charter language and since our belief is that the municipal court is NOT the proper venue for these matters, Ordinance 23, 2004, operates to limit the jurisdiction of the Town of Vail Municipal Court to handling criminal matters. STAFF RECOMMENDATION: Approve Ordinance No. #23, Series 2004, on First reading. 10. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. #32, Series of 2004. An ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., that public right-of-way constituting those portions of Red Sandstone Road contiguous to either Tract A or Tract B, South Frontage Road Subdivision. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance #32, Series of 2004. BACKGROUND RATIONALE: The Town Council and the Director of Public Works, have found and determined that the public use, convenience and necessity no longer require within its system of public ways the portion of Red Sandstone Road that is contiguous to either of Tracts A and B, South Frontage Road Subdivision, and that intersects with South Frontage Road on the south and I-70 right-of-way parcels on the north; the vacation is also in furtherance of satisfying the requirements under that certain Gore Creek Place Development Agreement made among the Town of Vail, The Vail Corporation, d/b/a Vail Associates, Inc., and Vail Reinvestment Authority dated November 8, 2004 STAFF RECOMMENDATION: Approve Ordinance No. #32. 11. ITEM/TOPIC: Town Managers Report. (10 min.) 12. ITEM/TOPIC: Adjournment. (8:30) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, JANUARY 4, 2005, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information