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HomeMy WebLinkAbout2005 Town Council Agendas Evening SessionVAIL LOCAL MARKETING SISTRICT Quarterly Meeting Minutes January 4, 2005 Members Present: Rod Slifer Greg Moffet Dick Cleveland Kim Ruotolo Diana Donovan Farrow Hitt Vail Marketing Advisory Board Members Present: Beth Slifer Ian Anderson Staff: Kelli McDonald TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JANUARY 18, 2005 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.) 3. ITEM/TOPIC: Town Managers Report (10 min.) 4. ITEM/TOPIC: Adjournment (00:00) 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, FEBRUARY 1, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JANUARY 18, 2005 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. Pam Brandmeyer ITEM/TOPIC: Ratification of the Vail Gymnastics Center Matt Mire Intergovernmental Agreement (IGA) between the Town of Vail, the Vail Recreation District, and the Eagle County School district, RE50J. (5 min.) 3. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. #2, Series of Dwight Henninger 2005, amending Title 6, Chapter 4, Article A "Carriage Operations," of the Municipal code of the Town of Vail; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend, or deny Ordinance No. #2, Series 2005, on second reading. BACKGROUND RATIONALE: These amendments were requested by staff to allow the Town Manager and/or the Chief of Police flexibility to re-route the carriages when needed due to construction and changes in the carriage staging area. The amendments will also increase the penalty assessment for a first violation of this section of the Vail Town Code from $5.00 to $50.00. STAFF RECOMMENDATION: Approve, or approve with amendments, Ordinance No. #2, Series 2005, on second reading. 4. Russ Forrest ITEM/TOPIC: Conference Center Update. (30 min.) Curt Fentress ACTION REQUESTED OF COUNCIL: Review update from Design Team. 5. ITEM/TOPIC: Work session to present the proposed Crossroads redevelopment and Planning and Environmental Commission recommendation, prior to scheduling a first reading of an amending ordinance. Public comment shall be limited to two minutes per individual. (2 1/2 hrs.) ACTION REQUESTED OF COUNCIL: Listen to presentations by the applicant, staff, and consultants and ask any questions which arise regarding the proposal. BACKGROUND RATIONALE: On September 7, 2004, the Vail Town Council granted permission for Crossroads East One, LLC to proceed through the Special Development District (SDD) review process with a new SDD application to facilitate the redevelopment of Crossroads as there are several improvements which are proposed within the Town of Vail right-of-way for Village Center Drive and East Meadow Drive. On December 13, 2004 the Planning and Environmental Commission voted 5-2-0 (Gunion and Jewitt opposed) to forward a recommendation of denial to the Town Council regarding the redevelopment proposal. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council listen to all presentations and ask questions in order to more fully understand the Crossroads redevelopment proposal. 6. ITEM/TOPIC: Town Managers Report (10 min.) ,> Request for Support of the Proposed Eaton Ranch Open Space Acquisition by the Vail Valley Foundation. Please see the attached draft letter that with Council approval would be sent to the Eagle County Commissioners. ,> East Meadow Drive streetscape Design Committee. Staff recommends continuing with the current streetscape committee membership, unless any current members wish to be replaced. The streetscape committee, as composed, has been effective and successful in guiding the Village streetscape project. r '05 COMMUNITY MEETING Staff currently has a "hold" on the following dates for the Annual Town meeting. Because space is booking rapidly for the Donovan Pavilion, staff is requesting Council finalize the date of our next town meeting. The dates are: Tuesday, May 31, 2005 Wed. July 6, 2005 Thursday, Sept. 1, 2005 Tuesday, Nov. 22, 2005 Thursday, Dec. 29, 2005 Thursday, Jan. 12, 2006 7. ITEM/TOPIC: Adjournment (9:35) 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, FEBRUARY 1, 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 TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, JAUNARY 4, 2005 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. ITEM/TOPIC: Consent Agenda. Approval of 12.07.04 Evening Session Minutes. (5 min.) 3. Pam Brandmeyer ITEM/TOPIC: Review and approval to direct the Town Manager Matt Mire to sign an Intergovernmental Agreement (IGA) between the Eagle County School District (RE50J), Vail Recreation District (VRD), and the Town of Vail (TOV) for the management and operation of the Vail Gymnastics Center. (15 min.) BACKGROUND RATIONALE: The VRD is prepared to start classes on January 17, 2005, and an IGA has been prepared as it affects VRD, RE50J, and the TOV. At this point although the document has been shared with attorneys for both districts and other personnel, as well as the town's insurance provider, CIRSA, the town has received no feedback on the conditions outlined within the IGA. Therefore, staff is looking for Council direction regarding the content of the document. Assuming there is general conceptual agreement from Council and assuming there are no major issues from the other entities, staff is requesting Council direct the Town Manager to sign this IGA with the VRD and RE50J. 4. Pam Brandmeyer ITEM/TOPIC: Annual appointment of newspaper of record for Town of Vail publications and notices for 2005. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint The Vail Daily as the newspaper of record for 2005 for the Town of Vail publications and notices. BACKGROUND RATIONALE: The town annually establishes a newspaper of record for all public notices. This year, we requested a bid from Eagle Summit Publishers, owner of all the newspapers in Eagle County, and requested a bid for The Vail Daily publications. The bid has been opened and the attached bid is the result of the bid proposal. The newspaper of record will be appointed at the evening meeting of January 4, 2005 at 6:00 p.m., or as soon thereafter as the matter can be heard. RECOMMENDATION: Appoint a The Vail Daily as the newspaper of record for 2005. 3. Lorelei Donaldson ITEM/TOPIC: Commission on Special Events (CSE) Appointments. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint six applicants to the CSE; three members shall be appointed for a one year term (through December, 2005) and three members shall be appointed for two year terms each (through December, 2006. BACKGROUND RATIONALE: Beginning January, 2005, the CSE shall consist of seven (7) members to be appointed at large. Applicants must be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be employed within the Town of Vail. The terms of three new members shall be for one year and the terms for the other three new members shall be for two years. The terms end on December 31, 2005 and December 31, 2006, respectively. Thereafter, the Town Council shall annually appoint CSE members to two-year terms every January. Members of the CSE shall serve at the will of the Town Council. The CSE shall support the Town Council's goals and objectives and makes decisions in alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The Functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. There are currently six vacancies CSE. The Town received nine (9) applications for the vacancies. Four applicants are incumbent members of the CSE (noted by asterisks below). The Council needs to interview each applicant at the work session and then appointment five applicants to the CSE at the evening meeting. The applicants are as follows: Ian Anderson* Dave Chapin* Todd Gerhke Mark Gordon Lynnette Miscio RECOMMENDATION: Steve Rosenthal* Joe Joyce Richard tenBraak* Heather Trub Appoint a total of six members to the CSE, 3 members for one year terms and 3 members for two year terms each. I have also enclosed an attendance summary for the CSE for your review. 6. Greg Hall ITEM/TOPIC: I-70 Noise Mitigation Study Update- Hankard Mike Hankard Environmental Inc. (60 min.) Ralph Trapani ACTION REQUESTED OF COUNCIL: Listen to the presentation and provide direction on the action steps outlined. BACKGROUND RATIONALE: Since April 2004, Hankard Environmental Inc. has been under contract with the Town of Vail to provide consulting services as part of a comprehensive effort to reduce the impact of traffic noise on I-70. The scope of work for the I-70 Noise Mitigation Study contains five areas of study: 1) measure the change in noise levels resulting from increased police speed enforcement on I-70; 2) conduct a temporary noise wall demonstration; 3) evaluate available noise mitigation measures; 4) prepare a proposal for funding of a mitigation demonstration project; and 5) provide recommendations for increasing the effectiveness of the Town of Vail noise ordinance. Hankard Environmental will present an update on the study and associated findings, which include recommendations for quiet asphalt, continued traffic enforcement, noise barriers and mitigation education for affected properties. STAFF RECOMMENDATION: ,> Direct staff to contract with CTL-Thompson, Inc., for up to $40,000 to develop a low noise asphalt mix that will meet CDOT's approval for use during the I-70 overlay through Vail in 2007. ,> Direct staff to work with CDOT to facilitate use of "quiet" asphalt in all future asphalt work in Vail, including pursuit of a test strip. r Continue use of sand storage berms along I-70 in Vail and work to obtain approvals from private property owners to expand the sand storage berm project onto private properties, where feasible. r Direct staff to draft a policy resolution outlining Town of Vail support for concrete barrier use in place of the existing open rail barriers during future additions and replacements. 7. Bill Gibson ITEM/TOPIC: Request to proceed through the development review process with a proposal to construct aschool/community garden on Town of Vail property. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of Kate Cocchiarella, Kay Graybill, and Kathleen Stephanoff to construct aschool/community garden located at the Red Sandstone Elementary School (610 North Frontage Road West / a portion of Tract C, Vail Potato Patch) adjacent to the existing playground and soccer field. This property is owned by the Town of Vail and zoned Outdoor Recreation district. The proposed garden can be allowed with the Planning and Environmental Commission's approval of a conditional use permit fora "public parks and active public outdoor recreation areas and uses, excluding buildings". The Town Council serves the role of "property owner" for all Town of Vail owned property. As the property owner, the Town Council must consent to the applicants proceeding through the Town's development review process. STAFF RECOMMENDATION: Should the Town Council support the concept of this proposal, the Community Development Department recommends that the Town Council approve this request to proceed through the development review process. Please note that an approval of this request does not constitute an explicit approval of the proposed improvements; it only authorizes the applicants to proceed through the Town's development review process. 8. Matt Mire ITEM/TOPIC: First Reading of an Ordinance No. #2, Series of 2005, amending Title 6, Chapter 4, Article A "Carriage Operations," of the Municipal code of the Town of Vail; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend, or deny Ordinance No. #2, Series 2005, on first reading. BACKGROUND RATIONALE: These amendments were requested by staff to allow the Town Manager and/or the Chief of Police flexibility to re-route the carriages when needed due to construction and changes in the carriage staging area. The amendments will also increase the penalty assessment for a first violation of this section of the Vail Town Code from $5.00 to $50.00. STAFF RECOMMENDATION: Approve, or approve with amendments, Ordinance No. #2, Series 2005, on first reading. 9. Bill Gibson 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 May 3, 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 and October 5, 2004, the Town Council tabled the second reading of Ordinance No. 17, Series of 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: Second 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 second 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 second reading. 11. Lorelei DonaldsonlTEM/TOPIC: Resolution No. #1, Series 2005. (10 min.) ITEM/TOPIC: Resolution No. 1, Series of 2005, 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. ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 1, Series of 2005. BACKGROUND RATIONALE: Pursuant to Section 24~- 402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. RECOMMENDATION: Approve Resolution No. 1, Series of 2005. 12. ITEM/TOPIC: Town Managers Report. (10 min.) r Tipsy Taxi r VVCTB Update 13. ITEM/TOPIC: Adjournment. (8:35 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, JANUARY 18, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, FEBRUARY 1, 2005 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. ITEM/TOPIC: Consent Agenda. Approval of 12.21.04, 01.04.05, and 01.18.04 Minutes. (5 min.) 3. Greg Hall ITEM/TOPIC: Seibert Circle Modification Options. (45 min.) Brent Wenk Leslie Pickling ACTION REQUESTED OF COUNCIL: Listen to public comment. Vote to approve one of the options to modify Seibert Circle. BACKGROUND RATIONALE: The Vail Village Design team will present three options for Seibert Circle and give the estimated costs for each. The first option is to retain the existing sculpture and to add some landscaping and water. The second option is to add cobble pavers to the area and to bring in water and gas for a fire pit. The third option is to replace and relocate the existing sculpture and to create a new design that will have visual appeal throughout the year. There will be an open house from 5:15-6:00 p.m. for the public to view the options. Brent Lloyd will be on hand to answer questions. STAFF RECOMMENDATION: The Art in Public Places board endorses Option C and would further recommend replacing the existing sculpture with a traditional style fountain that would honor Pete Seibert's vision for Vail Village. 4. George Ruther ITEM/TOPIC: Informational presentation to the Vail Town Council on the proposed Lionshead Streetscape design. The purpose of the presentation is to share the proposed design with the Town Council and to gain information and input from the Council on the design as the applicant progresses forward with final design development drawings for review and approval by the Design Review Board. (60 min.) ACTION REQUESTED OF COUNCIL: Listen to a 30 minute presentation and engage in a discussion on the topic. BACKGROUND RATIONALE: On September 27, 2004, the Town of Vail Planning & Environmental Commission (PEC) approved a major exterior alteration application allowing for the construction of the Lionshead Core Site Hotel. In approving the application, the Commission required the applicant to construct certain off-site improvements. Included within the improvements is the streetscape within the Lionshead Mall area. To date, the applicant has met on numerous occasions with town staff, Lionshead merchants and property owners, neighbors, the Town of Vail Design Review Board and PEC. In addition, the applicant has held several open house meetings to hear concerns regarding the streetscape plan and to the solicit input on the project. 5. Warren Campbell ITEM/TOPIC: A request for the Town Council to remand SDD #39 (Crossroads) back to the PEC for review prior to returning to Council fora 1st reading of an ordinance. (5 min.) 6. Bill Carlson ITEM/TOPIC: First Reading of Ordinance No. #3, Series of 2005, an ordinance amending Section 12-11-4, Materials to be Submitted; Procedures, Section 12-11-6, Park Design Guidelines, and Section 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #3, Series of 2004, on first reading. BACKGROUND RATIONALE: On November 23, 2004, the Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed text amendments to the Town of Vail's erosion control and storm water quality standards. 7. Charlie Davis ITEM/TOPIC: First Reading of Ordinance No. #4, Series of 2005, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above-described codes, adopting certain appendices, setting forth certain amendments thereto, and setting for details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2005, on first reading. BACKGROUND RATIONALE: On January 24, 2005, the Town of Vail Building and Fire Code Board of Appeals forwarded a recommendation of approval to the Town Council for the proposed text amendments. 8. ITEM/TOPIC: Town Managers Report (10 min.) ,> VCBA Update 9. ITEM/TOPIC: Adjournment (9:05 p.m.) 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, FEBRUARY 15, 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. TOWN COUNCIL REVISED EVENING SESSION AGENDA (I-70 PEIS Item has been rescheduled, additional VLMDAC applicant) 6:00 P.M. TUESDAY, FEBRUARY 15, 2005 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. ERW&SD ITEM/TOPIC: Resolution No. #3, Series of 2005, Opposition to Senate Bill 62 (SB62). A resolution expressing vigorous opposition to SB62 and urges Senator Jack Taylor to immediately withdraw this discriminatory, dangerous and completely unwarranted legislation. (5 min.) 3. Greg Moffet ITEM/TOPIC: Resolution No. #4, Series of 2005. Rotary International's 100th Anniversary. (5 min.) 4. Pam Brandmeyer ITEM/TOPIC: Vail Local Marketing District Advisory Council (VLMDAC) Appointment. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint one applicant to the VLMDAC to fill a vacancy left by Scott Gubrud for the balance of a term ending December, 2006. BACKGROUND RATIONALE: There is currently one vacancy on the VLMDAC. The Town received five (5) applications for the vacancy. The Council needs to interview each applicant at the work session and then appoint one applicant to the Vail Local Marketing District Advisory Council at the evening meeting. The applicants are as follows: Douglas Brooks Mark Conlin Scott Fulton Chris Romer Jack Waller MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 12, 2006 SUBJECT: A request for a final review of an amendment to an Approved Development Plan, to allow for an increase in Gross Residential Floor Area for Lot 6; and a request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area, within the Eleni Zniemer Subdivision located at 1701F Buffehr Creek Road/Lot 6, Eleni Zniemer Subdivision, and setting forth details in regard thereto. Applicant: Pat Ranallo Planner: Warren Campbell I. SUMMARY The applicant, Pat Ranallo, is requesting final review of an amendment to an Approved Development Plan, to allow for an increase in Gross Residential Floor Area for Lot 6; Amended Final Plat, Eleni Zneimer and a request for a final review of the Subdivision, Lot 6, A Re-subdivision of a Part of Tract A, Lion’s Ridge Subdivision, Filing No. 2 , pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area on Lot 6, within the Eleni Zniemer Subdivision located at 1701F Buffehr Creek Road/Lot 6, Eleni Zniemer Subdivision. If approved, this request would result in the plat being denial amended to show a 10% increase in GRFA for Lot 6. Staff is recommending of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Pat Ranallo, is requesting final review of an amendment to an Approved Development Plan, to allow for an increase in Gross Residential Floor Area for Lot 6; Amended Final Plat, Eleni Zneimer and a request for a final review of the Subdivision, Lot 6, A Re-subdivision of a Part of Tract A, Lion’s Ridge Subdivision, Filing No. 2 , pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area on Lot 6, within the Eleni Zniemer Subdivision located at 1701F Buffehr Creek Road/Lot 6, Eleni Zniemer Subdivision. The applicant’s request is comprised of two applications to accomplish two goals. The applications and accompanying goals include: ? An application to amend an approved development plan in order to increase the allowable GRFA on Lot 6 of the Eleni Zniemer Subdivision; and 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 12, 2006 SUBJECT: A request for a final review of an amendment to an Approved Development Plan, to allow for an increase in Gross Residential Floor Area for Lot 6; and a request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area, within the Eleni Zniemer Subdivision located at 1701F Buffehr Creek Road/Lot 6, Eleni Zniemer Subdivision, and setting forth details in regard thereto. Applicant: Pat Ranallo Planner: Warren Campbell I. SUMMARY The applicant, Pat Ranallo, is requesting final review of an amendment to an Approved Development Plan, to allow for an increase in Gross Residential Floor Area for Lot 6; Amended Final Plat, Eleni Zneimer and a request for a final review of the Subdivision, Lot 6, A Re-subdivision of a Part of Tract A, Lion’s Ridge Subdivision, Filing No. 2 , pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area on Lot 6, within the Eleni Zniemer Subdivision located at 1701F Buffehr Creek Road/Lot 6, Eleni Zniemer Subdivision. If approved, this request would result in the plat being denial amended to show a 10% increase in GRFA for Lot 6. Staff is recommending of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Pat Ranallo, is requesting final review of an amendment to an Approved Development Plan, to allow for an increase in Gross Residential Floor Area for Lot 6; Amended Final Plat, Eleni Zneimer and a request for a final review of the Subdivision, Lot 6, A Re-subdivision of a Part of Tract A, Lion’s Ridge Subdivision, Filing No. 2 , pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area on Lot 6, within the Eleni Zniemer Subdivision located at 1701F Buffehr Creek Road/Lot 6, Eleni Zniemer Subdivision. The applicant’s request is comprised of two applications to accomplish two goals. The applications and accompanying goals include: ? An application to amend an approved development plan in order to increase the allowable GRFA on Lot 6 of the Eleni Zniemer Subdivision; and 1 RECOMMENDATION: Appoint one member to the VMLDAC to fill the vacancy left by Scott Gubrud, term ending December, 2006. 5. Russ Forrest ITEM/TOPIC: Consideration of a recommendation by the Open Space Board of Trustees to include 21 parcels of land in 16 areas as designated open space. (60 min.) ACTION REQUESTED OF COUNCIL: Approve all or a portion of the recommended parcels of land for designated open space. In addition, consider 3 parcels of land for designation as a park so they could be considered in the future for designated open space. OPEN SPACE BOARD OF TRUSTEES RECOMMENDATION: On January 25, 2005 the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to recommend twenty properties (16 areas) to the Vail Town Council for Open Space Designation. Attachment A summarizes the 21 parcels and 16 different areas that the committee is recommending the Town Council consider for designated open space. A map of Town owned lands with the recommended parcels identified in red on the map is provided. (Attachment B) Furthermore, the Open Space Board of Trustees voted unanimously to forward a recommendation to the Vail Town Council that the properties in Attachment B referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. 6. Bill Gibson ITEM/TOPIC: Second Reading of Ordinance No. 6, Series of 2005, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase I, to allow for modifications to Units 16, 17 AND 29, Vail Village Plaza Condominiums, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1St Filing, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 6, Series of 2005, on second reading. BACKGROUND RATIONALE: On January 24, 2005, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 6, Vail Village Inn. On February 15, 2005, the Town Council approved the first reading of Ordinance No. 6, Series of 2005, by a vote of 6-1 (Donovan opposed). 7. Bill Carlson ITEM/TOPIC: Second Reading of Ordinance No. 3, Series of 2005, an ordinance amending Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 3, Series of 2005, on second reading. 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. On February 1, 2005, the Town Council approved the first reading of Ordinance No. 3, Series of 2005, with conditions, by a vote of 7- 0. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves the second reading of Ordinance No. 3, Series of 2005, in accordance with the staff memorandum. 8. Charlie Davis ITEM/TOPIC: Second Reading of Ordinance No. #4, Series of 2005, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the 2003 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code; 2002 Edition of the National Electrical Code; and with regard to the above- described codes, adopting certain appendices, setting forth certain amendments thereto, and setting for details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2005, on second reading. BACKGROUND RATIONALE: On January 24, 2005, the Town of Vail Building and Fire Code Board of Appeals forwarded a recommendation of approval to the Town Council for the proposed text amendments. 9. ITEM/TOPIC: Town Manager's Report (20 min.) ,> Information Booth Updates. Update on Proposed Vail Visitor Center Request for Proposal (RFP) Process and Next Steps A memo is attached which contains a proposed timetable and recommended steps to be used in selection of an operator for the Vail Visitor Centers for the next contract period, beginning October 1, 2005. The proposed timetable includes 7 phases as follows: --Phase 1-Information Gathering, February 15 -March 15, 2005 --Phase 2--Development of Request for Proposals Criteria, March 15 -April 19, 2005 --Phase 3--Issuance of Request for Proposals, April 20 -June 1, 2005 --Phase 4--Evaluation of Proposals, June 2 -June 5, 2005 --Phase 5--Selection of Operator, June 21 -July 5, 2005 --Phase 6--Approval of Operating Agreement, July 6 -August 2, 2005 --Phase 7--Preparation for New Contract Period, August 3 - October 1, 2005 Staff recommends reinstalling the Council Visitor Center Subcommittee (Farrow Hitt, Kim Ruotolo, Stan Zemler, Suzanne Silverthorn) to manage the process and bring its recommendations to the full Council for decisions on the RFP document and selection of the operator. Following review of the proposed process, staff will incorporate suggested modifications and seek direction to proceed. Visitor Center Master Plan Simultaneous to the steps outlined above, staff is also contemplating development of a Visitor Information Master Plan to be completed in the fall of 2005. As proposed, this master plan would include an audit of our current visitor information systems as they relate to guest arrival, the experience while here, and guest departure. In addition, the master plan would contain a hierarchy for way finding systems and would address future location(s) and related services for the Vail Visitor Centers. Staff is currently exploring a scope of work for this project and will provide an update at the next meeting. r Commission on Special Event (CSE) Logo Recommendation. At their January 25, 2005, meeting, the CSE voted to send the following recommendation to the Vail Town Council: Instead of the regular Town of Vail municipal logo, the CSE is asking that all formal contracts with special events promoters require the use of the Vail Local Marketing District's THINK SUMMER. THINK VAIL. logo in all advertising and marketing material. Please see attached "pro" and "con" worksheet provided by the CSE for your consideration. STAFF RECOMMENDATION: Require all special events promoters (based on seasonality) through contract with the CSE to incorporate both the Town of Vail municipal logo, as well as the THINK SUMMER. THINK VAIL. logo on all advertising and marketing promotions. (5 min.) r Formation of Seibert Circle Committee. Please see attachment. 10. ITEM/TOPIC: Adjournment (8:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, MARCH 1, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, MARCH 1, 2005 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. ITEM/TOPIC: Consent Agenda. Approval of 02.01.05 and 02.15.05 Evening Session minutes. (5 min.) 3. Greg Hall ITEM/TOPIC: Award of Bus Bid. (Please see attachment) (5 min.) BACKGROUND INFORMATION: The Town sent out nine RFP's to bus manufacturers on November 30, 2004, and received only one proposal on the due date of January 21, 2005, from Gillig Corporation. The Gillig proposal is responsive to the bid requirements. Staff negotiated with Gillig over their requests for deviations from the technical specifications which has resulted in a final price of $282,850.00 per bus. 4. Russ Forrest ITEM/TOPIC: Conference Center Update. (60 min.) ACTION REQUESTED OF COUNCIL: The purpose of this update is to: • Review progress on the design of the Conference Center with the Vail Town Council. • Review the projected costs and budget for the construction of the conference center. Recommendation: On February 24th at 2:00, the Vail Conference Advisory Committee met to review progress on the conference center design. Any applicable recommendations from the Committee will be forwarded to the Council on March 1, 2005. 5.Todd Oppenheimer ITEM/TOPIC: Vail Village Streetscape Phase 2 construction contract. (15 min.) ACTION REQUESTED OF COUNCIL: Review request by staff to negotiate the construction contract for the Phase 2, Vail Village Streetscape with B&B Excavating as a change order to the current Phase 1 construction contract. BACKGROUND RATIONALE: The general contractor for Phase 1 of the Vail Village Streetscape Project, B&B Excavating, has completed the first year of the two year construction contract. Staff has been very pleased with the performance of B&B Excavating and would like to accelerate a portion of the work scheduled for 2006 into the 2005 construction seasons. The Phase 2 improvements include the following areas: Children's Fountain. Gore Creek Drive, Children's Fountain to (but not including) Checkpoint Charlie. Gore Creek Promenade. Staff is requesting permission from the Council to forego competitive bidding and to negotiate the construction price for the Phase 2, Vail Village Streetscape improvements with B&B Excavating and change order that work into the current Phase 1 construction contract. STAFF RECOMMENDATION: Approve the request to negotiate the Phase 2, Vail Village Streetscape construction price with B&B Excavation and direct staff to change order that work into the current contract Phase 1 construction contract. 6. Bill Carlson ITEM/TOPIC: Second Reading of Ordinance No. #3, Series of 2005, an ordinance amending Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code, and setting for details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 3, Series of 2005, to March 1, 2005. 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. On February 1, 2005, the Town Council approved the first reading of Ordinance No. 3, Series of 2005, by a vote of 7-0. 7. Bill Gibson ITEM/TOPIC: Second Reading of Ordinance No. #6, Series of 2005, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase I, to allow for modifications to Units 16, 17 AND 29, Vail Village Plaza Condominiums, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1St Filing, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 6, Series of 2005, on first reading. BACKGROUND RATIONALE: On January 24, 2005, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, to the Town Council for the proposed major amendment to Special Development District No. 6, Vail Village Inn. 8. Russ Forrest ITEM/TOPIC: Second Reading, Ord. #7, Series of 2005. An ordinance to designate 21 parcels of land (16 areas) in the town of Vail as open space as per section 13.11 of the town of Vail Charter. (5 min.) STAFF RECOMMENDATION: Due to a publication error, staff recommends Ord. #7, 2005 be tabled until 03.15.04. 9. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) 10. ITEM/TOPIC: Adjournment (8:10 p.m.) 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, MARCH 15, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, MARCH 15, 2005 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. Russ Forrest ITEM/TOPIC: Conference Center Update. (45 min.) ACTION REQUESTED OF COUNCIL: The purpose of the evening item is to provide the community and the Vail Town Council a comprehensive review of progress to date on the Conference Center. Specific action requested of the Town Council is to: Review progress and public input on the design and review the capital budget for the project. Request permission to forward the design to the three general contractors. Request permission to issue a Request for Proposal for Operation and Management of the Facility. RECOMMENDATION: On February 24th at 2:00 p.m., the Vail Conference Oversight Committee met to review progress on the conference center design. The Committee voted to recommend forwarding the attached design to the three general contractors to price this design. 3. Gary Suitor ITEM/TOPIC: I-70 Coalition Preliminary Environmental Impact Statement (PEIS). (1 1/2 hrs.) BACKGROUND: A presentation by the I-70 Central Mountain Transportation Corridor Coalition. The coalition will present a synopsis of the Colorado Department of Transportation's Programmatic Environmental Impact Statement (PEIS), which outlines possible improvement alternatives for I-70 between C-470 and Glenwood Springs. The Town of Vail is a member of the I-70 Coalition; the group is seeking Council and community input on a preferred option for the highway improvements. Potential alternatives listed in the PEIS include rail, monorail, buses, additional lanes and high-occupancy vehicle lanes. 4. Greg Hall ITEM/TOPIC: Village Streetscape Phase II Construction contract Award for 2005-2006. (15 min.) ACTION REQUESTED OF COUNCIL: Approve/ Deny Village Streetscape Phase I I Project Award. BACKGROUND RATIONALE: The Town of Vail and Eagle River Water and Sanitation District cooperatively have designed and have received a proposal for construction improvements in Vail Village. The council directed the town Manger to negotiate a price for the improvements. These improvements include the replacement of utility lines, drainage system improvements, installation of snowmelt system and final streetscape treatment for Children's Fountain, Gore Creek Drive from Mill Creek to Hanson Ranch Chute, Gore Creek from Children's Fountain to Checkpoint Charlie, Gore Creek Promenade, Willow Bridge Road from Checkpoint Charlie to and including the International Bridge The Town of Vail has reviewed the proposal and with the contractor. The Project is scheduled to begin Construction April 11 _th, 2004 with full excavation to begin April 18th 2004. The Project will continue in a spring and fall construction sequence for the next 2 years 2005-2006. The staff recommends the council direct the Town Manager to execute a contract to B & B Excavating up to $5,765,000. The project falls within the budget established within the capital project and ReTT budgets approved for 2005 and recommended for 2006. STAFF RECOMMENDATION: Direct the Town Manager to execute with B&B Excavating a contract for up to $5,765,000. 5. Matt Mire ITEM/TOPIC: First reading of Ordinance No. #5, Series of 2005, an ordinance amending Section 6-3C-5C of the Vail Town Code, concerning the possession of liquor by underage persons, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, or deny Ordinance No. 5, Series 2005. BACKGROUND RATIONALE: Certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession or consumption of liquor by underage persons, to be consistent with the Colorado Revised Statutes. More specifically, the Town Code does not currently address the possession/consumption of liquor by underage persons on private property. This current loophole in the Town Code would be addressed by the proposed legislation. STAFF RECOMMENDATION: Approve Ordinance No. #5, Series 2005. 6. Matt Mire ITEM/TOPIC: First reading of Ordinance No. #8, Series of 2005, an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates, Inc., of certain portions of Tract C, Vail/LionsHead first filing, and Tract C, Vail/LionsHead third filing, which are owned by the Town of Vail, and for the vacation and termination of certain existing public utility and drainage easements within Vail/LionsHead, first and third filings, all in connection with the development of the LionsHead "Core" site, a/k/a Arrabelle at Lion Square. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, Deny BACKGROUND RATIONALE: An ordinance for the purpose of (i) authorizing the conveyance by the Town of Vail to The Vail Corporation, d/b/a Vail Associates, Inc., of those portions owned by the Town of the approved development site for the Lionshead "Core," also having the project name of "Arrabelle at Lion Square," such conveyance being conditioned upon the closing under the Core Site Development Agreement, and (ii) terminating pre- existing platted easements within the Core development site, conditioned upon the closing under the Core Site Development Agreement and the provision of necessary replacement easements. STAFF RECOMMENDATION: Approve Ordinance #8, Series 2005 on first reading. 7. Russ Forrest ITEM/TOPIC: Second Reading of Ordinance # 7, Series of 2005: Consideration of a recommendation by the Open Space Board of Trustees to include 20 parcels of land in 16 areas as designated open space. (15 min.) ACTION REQUESTED OF COUNCIL: Approve all or a portion of the recommended parcels of land for designated open space. In addition, provide direction to staff on whether an ordinance should be developed and presented to the Vail Town Council to designate three properties referenced in Attachment B as parks. BACKGROUND RATIONALE: On January 25, 2005 the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to recommend twenty properties (16 areas) to the Vail Town Council for Open Space Designation. Attachment A summarizes the 20 parcels and 16 different areas that the committee is recommending the Town Council consider for designated open space. A map of Town owned lands with the recommended parcels identified in red on the map is provided. (Attachment B) Furthermore the Open Space Board of Trustees voted unanimously to forward a recommendation to the Vail Town Council that the properties in Attachment B referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. On February 15th, 2005, the Vail Town Council asked staff to determine the appropriate steps to designate a parcel of land as a park. The Town Attorney has concluded that this should be done through the approval of an ordinance. 8. ITEM/TOPIC: Town Manager's Report (10 min.) .> Revenue Recovery Group. Staff plans to engage Revenue Recovery Group (RRG), an organization that provides consulting and audit service to municipalities for sales and lodging taxes, franchise fees, and other tax issues. The primary service staff plans to use is a group audit in which RRG audits companies doing business in multiple jurisdictions to assure they are paying the proper amount of tax to each. Costs of the audit are shared among the agencies involved. Aspen recently recovered $165,000 from one company as a result of a group audit performed by RRG. 9. ITEM/TOPIC: Adjournment (9:15 p.m.) 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, APRIL 5, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, APRIL 5, 2005 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. ITEM/TOPIC: Consent Agenda. 03.01.05 and 03.15.05 Minutes Approval. (5 min.) 3. Lorelei Donaldson ITEM/TOPIC: Design Review Board (DRB), Planning and Environmental Commission (PEC) and Art in Public Places (AIPP) Board Appointments. There were no letters of interest for the Building and Fire Code Appeals Board and BFCAB vacancy position. Therefore, because Kathy Langenwalter is already appointed as a first alternate, staff is requesting Langenwalter be appointed as a full-time member of this board, 04.01.05 to 03.31.10. (10 min.) ACTION REQUESTED OF COUNCIL: 1) Appoint two applicants to the DRB for a term of two years each (through March 31, 2007). 2) Appoint three applicants to the PEC for a term of two years each (through March 31, 2007). 3) Appoint three applicants to the AIPP for a term of three years each (through March 31, 2008). 4) Appoint an alternate from the BFACB for a term of five years (through March 31, 2010). BACKGROUND RATIONALE: There are currently two vacancies for DRB, three vacancies for PEC and three vacancies for AIPP. The Town received five (5) applications for the DRB vacancies; seven (7) applications for the PEC and four (4) applications for the AIPP. One applicant is an incumbent member of the DRB, three applicants who are incumbent members of the PEC and two applicants that are incumbent members to the AIPP (noted by asterisks below). It is requested that the Town Council interview each applicant at the work session and then appoint two applicants to the DRB; three applicants to the PEC and three applicants to the AIPP at the evening meeting; and one current alternate to the BFCAB. The applicants are as follows: DRB: PEC: AIPP: Melissa Baum Chas Bernhardt* Kay Cherry* Sherry Dorward Doug Cahill* Susan Frampton Thomas Du Bois Kirk Hansen Timothy Losa Lynn Fritzlen Bill Jewitt* Jennifer Mason* Diana Mathias* Kim Langmaid William Pierce Gwen Scalpello I have also enclosed an attendance summary for each of these boards for your review. RECOMMENDATION: Appoint a total of two members to the DRB for two-year terms each; three members to the PEC for two- yearterms each; and three members to the AIPP for three-year terms each; and one member to the BFACB for a five year term. 4. Todd Oppenheimer ITEM/TOPIC: Seibert Circle Redesign. (30 min.) ACTION REQUESTED OF COUNCIL: Review and respond to the recommendation from the Streetscape Design Committee to reconstruct Seibert Circle area as part of the Village Streetscape project. BACKGROUND RATIONALE: The Streetscape Design Committee, assisted by Wenk Associates and Joe Kracum, set out to develop a new design concept for Seibert Circle which would have 4-season appeal, be a gathering and seating area, and create a new "post card" image for the town. The Streetscape Design Committee has developed such a concept for the inclusion in the Village Streetscape project. The proposed concept incorporates a European inspired feature with the four-season attraction of water fountains and fire features into Seibert Circle. The intent of this feature is to honor Vail's legacy. A variety of approaches for this important honor have been suggested including commemoration of the 10th Mountain Division and a broader theme of honoring the history of the community and the Vail Valley. In addition to the main feature, warming /fire features are incorporated to promote gathering and numerous additional seating opportunities are created with the proposed concept. Images of the proposed concept are attached along with the estimated cost of relocating the Morales piece and constructing the new concept. The estimated costs and process of construction are further clarified with a series of phasing studies outlining the proposed schedule of the project. STAFF RECOMMENDATION: Approve the recommendation to relocate the Morales art piece to a location still to be determined and design and construct the presented concept. 5. Matt Mire ITEM/TOPIC: A draft agreement between the Town of Vail and the Timber Ridge Affordable Housing Corporation (TRAHC). (5 min.) BACKGROUND RATIONALE: This agreement memorializes the reporting and financial disclosures Council requires of the new TRAHC board. The TRAHC board approved this agreement at its last meeting and requests a motion for approval by the Council. 6. Russ Forrest ITEM/TOPIC: Vail Conference Center. (30 min.) ACTION REQUESTED OF COUNCIL: The Conference Center Advisory Committee is requesting permission to proceed through the development review process with the Conference Center plans reviewed by the Vail Town Council on March 15, 2005. BACKGROUND RATIONALE: The Committee has felt that obtaining initial input from the PEC and DRB prior to issuing bonds is important in determining whether the capital budget for the project is adequate. 7. Elizabeth Eckel ITEM/TOPIC: An appeal of the Design Review Board (DRB) denial of the proposed locations and backlighting of the Vail Happenings Signs (DRB05-0028), located at Slifer Plaza, The Children's Fountain, Crossroads Mall, and the Lionshead Bus Stop, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, modify, or overturn the DRB's denial of an application for final review of proposed locations and backlighting of the Vail Happenings Signs, located at Slifer Plaza, The Children's Fountain, Crossroads Mall, and the Lionshead Bus Stop. BACKGROUND RATIONALE: On May 21, 2003, the DRB approved an application submitted by the appellant to erect four metal "public information signs" (one of which was already erected) at the following locations; Slifer Plaza, The Children's Fountain, Crossroads Mall, and the Lionshead Bus Stop. The DRB approved the application with two conditions: that there be no lighting and that the signs were temporary. On February 1, 2005, the appellant submitted an application to backlight all four signs. Staff reviewed the Design Review Board's previous conditions of approval and determined the proposal's lack of compliance with the standards of Title 11, Section 11-2-1. The Staff therefore denied the application on February 16, 2005. Staff rescinded the denial previously issued to the appellant and allowed the appellant to appear before the Design Review Board on March 2, 2005. On March 2, 2005, the Design Review Board denied the appellant's proposal to backlight the Vail Happenings signs that are installed at the aforementioned locations on the basis that public information signs should not be exempt from the standards to which all other signs in the Town are held accountable, including backlighting. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council uphold the DRB's denial of the application for final review of proposed locations and backlighting of the Vail Happenings Signs, located at Slifer Plaza, The Children's Fountain, Crossroads Mall, and the Lionshead Bus Stop. 8. Judy Camp ITEM/TOPIC: First reading of Ordinance No. #9, Series 2005, an Ordinance making Supplemental Appropriations to the 2005 Budget. (15 min.) ACTION REQUESTED OF COUNCIL: Ask any questions or give any comments regarding the 1st supplemental appropriation of 2005, Ordinance #9, Series 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. #9, Series 2005, upon first reading this evening. 9. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. #5, Series of Joe Russell 2005, an ordinance amending Section 6-3C-5C of the Vail Town Buck Allen Code, concerning the possession of liquor by underage persons, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, or deny Ordinance No. #5, Series 2005. (15 min.) BACKGROUND RATIONALE: Certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession or consumption of liquor by underage persons, to be consistent with the Colorado Revised Statutes. More specifically, the Town Code does not currently address the possession/consumption of liquor by underage persons on private property. This current loophole in the Town Code would be addressed by the proposed legislation. STAFF RECOMMENDATION: Approve Ordinance No. #5, Series 2005 on second reading. 10. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. #8, Series of 2005, an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates, Inc., of certain portions of Tract C, Vail/LionsHead first filing, and Tract C, Vail/LionsHead third filing, which are owned by the Town of Vail, and for the vacation and termination of certain existing public utility and drainage easements within Vail/LionsHead, first and third filings, all in connection with the development of the LionsHead "Core" site, a/k/a Arrabelle at Lion Square. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, Deny BACKGROUND RATIONALE: An ordinance for the purpose of (i) authorizing the conveyance by the Town of Vail to The Vail Corporation, d/b/a Vail Associates, Inc., of those portions owned by the Town of the approved development site for the Lionshead "Core," also having the project name of "Arrabelle at Lion Square," such conveyance being conditioned upon the closing under the Core Site Development Agreement, and (ii) terminating pre- existing platted easements within the Core development site, conditioned upon the closing under the Core Site Development Agreement and the provision of necessary replacement easements. STAFF RECOMMENDATION: Approve Ordinance #8, Series 2005 on second reading. 11. Judy Camp ITEM/TOPIC: Resolution No. #5 designating authorized signers on the Town's investment account. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. #5 designating Stan Zemler, Pamela A. Brandmeyer, and Judy G. Camp as signers on the Town's investment accounts held at Charles Schwab. This account is managed by Dana Investments. BACKGROUND RATIONALE: This resolution removes three employees who are no longer with the town and replaces them with three current employees as authorized signers. STAFF RECOMMENDATION: Approve. 12. Matt Mire ITEM/TOPIC: Resolution No. #6, Series of 2005. A resolution, pursuant to Section 8-1-21(B)(2) Vail Town Code, authorizing street-cut permits to be issued between March 15 and April 15 of each year in certain circumstances; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, or deny Resolution No. 6, Series of 2005. BACKGROUND RATIONALE: The Resolution was requested by the Town Manager to allow flexibility in construction timing during the approximately $1 billion of public and private redevelopment scheduled to take place in the Town of Vail over the next three years. If passed, this Resolution will allow the Town Manager and Public Works Director to issue street-cut permits prior to April 15 in certain instances, for the public convenience and necessity. STAFF RECOMMENDATION: Approve Resolution No. 6, Series of 2005. 13. Russ Forrest ITEM/TOPIC: Resolution No. #7, Series of 2005: Resolution designating three properties in the Town of Vail as Parks. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or disapprove Resolution #7, Series of 2005. BACKGROUND RATIONALE: On January 25, 2005 the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to forward a recommendation to the Vail Town Council that the properties in Attachment A of Resolution #7 referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. 14. ITEM/TOPIC: Town Manager's Report (10 min.) ,> The fire department has been contacted by the United States Forest Service (USES) about a potential "burn" in the Booth Creek area of Vail. The burn could possibly occur during the window of April 15 to May 15. 15. ITEM/TOPIC: Adjournment (9:25 p.m.) 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, APRIL 19, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, MAY 3, 2005 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: Construction Update. (10 min.) 8. ITEM/TOPIC: Adjournment. (TBD) 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, MAY 3, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, MAY 3, 2005 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. Rod Slifer ITEM/TOPIC: Youth Recognition Award. (5 min.) r Josie Sutner /Battle Mountain High School r Drew Riley / Vail Mountain School Vail Youth Ambassador Award r Christina Harrison /Battle Mountain High School ,> Kyle Moore /Battle Mountain High School 3. Matt Mire ITEM/TOPIC: Resolution No. #8, Series 2005, A resolution conditionally approving the consolidated service plan for Vail Square Metropolitan District No. #1, No. #2, and Vail Square Metropolitan District No. #3. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 8, 2005. BACKGROUND RATIONALE: As was discussed at the Town Council work session of April 19, 2005, Resolution No. 8 operates to approve the Consolidated Service Plan for three (3) metropolitan districts within the LionsHead core area for the primary purpose of financing public improvements associated with the "Vail Square" redevelopment project. The formation of up to three (3) metro districts was agreed to in the Development Agreement between the Town of Vail and Vail Resorts for the above-referenced project. The Consolidated Service Plan for the proposed districts (which is contained in the council packets and available to the public) provides greater detail on the purpose, intent and operation of the proposed districts. The resolution states it is a "conditional" approval simply because it is conditioned upon an Inter-governmental Agreement (IGA) being executed between the Vail Reinvestment Authority and Vail Square Metropolitan District No. 1 regarding the transfer of increment tax revenue. STAFF RECOMMENDATION: Approve Resolution No. #8, Series 2005. 4. Greg Hall ITEM/TOPIC: Construction Update. (10 min.) 5. Chad Salli ITEM/TOPIC: Ford Park Parking Lot Overlay. (10 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B&B Excavating for the overlay of the Ford Park Parking Lot in the amount not to exceed $69, 000.00. BACKGROUND RATIONALE: The existing Ford Park Parking Lot surface is due for a maintenance overlay. Staff has received bids for overlaying the existing surface. B&B Excavating submitted the low bid. Staff recommends entering into an agreement with B&B Excavating for their construction services. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with B&B Excavating for the overlay of the Ford Park Parking Lot in the amount not to exceed $69, 000.00. 6. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. #12, Series of 2005, Gen Wright an ordinance repealing and re-enacting Ordinance No. #8, Series of 1995, Cascade Village, amending and re-establishing the approved development plan for the Westhaven Condominiums site located within Area A of SDD No. 4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the construction of thirteen dwelling units; and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 12, Series of 2005. BACKGROUND RATIONALE: On February 8 and April 11, 2005, the Town of Vail Planning & Environmental Commission (PEC) 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 an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive /(Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village, and setting forth details in regard thereto. Upon consideration of the request, the Commission voted 6-0-1 (Viele recused) to forward a recommendation of approval with conditions of the applicant's request to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission, dated April 11, 2005, with revised conditions has been attached for reference. STAFF RECOMMENDATION: The Community Development Department is recommending that the Town Council approves Ordinance No. 12, Series of 2005, upon first reading. 7. Matt Mire ITEM/TOPIC: First reading of Ordinance #13, Series of 2005. An ordinance providing certain amendment to Title 3, Chapter 4, "Design Review Board," of the Municipal Code of the Town of Vail; Changing the composition of the Design Review Board (DRB) from five to seven members; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance #13, Series of 2005, on first reading. BACKGROUND RATIONALE: The Town Council requested an ordinance that would change the composition of the design review board from five members to seven members. STAFF RECOMMENDATION: Staff has reviewed this proposal with the Design Review Board and has the following recommendations: 1. Increasing the number of DRB members to 7 will increase the time and complexity of the DRB review process. It will be more difficult to come to consensus on issues to be addressed for proposed projects subject to DRB approval. If the primary concern is attendance, then staff would recommend reasonably enforcing attendance. The Town Council has latitude to remove members that have attendance issues. 2. Although the town was very fortunate to find a number of qualified members for the last round of interviews for DRB, this has not always been the case. 3. In considering the above mentioned issues, both the existing DRB and staff recommend not approving Ordinance 13, Series of 2005. Staff would recommend that regular attendance reports are provided to the Vail Town Council and if attendance is an issue with individual members, then the Town Council should take appropriate action. 4. If the Town Council, chooses to approve Ordinance 13, Series of 2005 staff would request authorizing approximately $1,900 in the next supplemental budget to pay for benefits (ski passes, parking passes) and expenses (lunches) associated with two additional board members. 8. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. #10, Series of 2005, an ordinance approving the Commercial Core Construction Mitigation Sign and Construction Fencing Package which will be implemented by the Town to mitigate the impacts of construction in the commercial cores over the next several years. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #10, Series of 2005, on second reading. BACKGROUND RATIONALE: On April 19, 2005, the Town Council approved with modifications the first reading of Ordinance #10, Series of 2005. Staff has revised the Ordinance to change the time period in which the appeal's board has to respond from ten days to two days. STAFF RECOMMENDATION: The Community Development Department, Public Works Department, and Community Information Office recommends that the Town Council approves Ordinance No. #10, Series of 2005, on second reading. 9. George Ruther ITEM/TOPIC: Second Reading of Ordinance No. #11, Series of 2005, an ordinance amending Section 12-14-14, Restaurants, Bars, and Similar Uses, Vail Town Code, and setting for details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the first reading of Ordinance No. #11, Series of 2005. BACKGROUND RATIONALE: On March 28, 2005, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval for the proposed text amendment. The purpose of the proposed amendment is to resolve existing conflicts relating to noise regulations in the Vail Town Code. On April 19, 2005, the Vail Town Council unanimously approved Ordinance No. #11, Series of 2005 upon first reading with no modifications STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves the second reading of Ordinance No. #11, Series of 2005. 10. Bill Gibson 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: Approve, approve with modifications, deny, or table the second reading of Ordinance No. 17, Series of 2004. The applicant is request that the Town Council table the second reading of Ordinance No. #17, Series of 2004, to June 21, 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 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17, 2004; October 5, 2004; and January 4, 2005 the Town Council tabled the second reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. 17, Series of 2004, again be tabled to a future Town Council meeting. 11. ITEM/TOPIC: Town Manager's Report. (10 min.) ,> Vail America Day's Update (4th of July) With the uncertainty of the exact parade route and the challenges faced in staging the parade due to construction, we are hoping to attract approximately 50 quality entries into the parade. We feel that by keeping the entries to around 50, the parade will move more continuously through town. Our goal is to emphasize the after-parade experience in Ford Park with a family-friendly afternoon of continuous entertainment culminating with a live simulcast of the fireworks display with a regional orchestra staged in Ford Park. We are working with the Vail Valley Foundation on use of the Amphitheater as well. If you have any suggestions or comments, please contact Laurie Asmussen at 376-3756. 12. ITEM/TOPIC: Executive Session: Pursuant to C.R.S. §24-6- 402(4)(a)(e). Re: An Executive Session to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy, and to instruct negotiators. (30 min.) 13. 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, MAY 3, 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 TOWN COUNCIL (REVISED) EVENING SESSION AGENDA 6:00 P.M. TUESDAY, MAY 17, 2005 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. ITEM/TOPIC: Consent Agenda: Approval of 04.5.05 and 04.19.05 Evening Session Minutes. (5 min.) 3. Greg Hall ITEM/TOPIC: Construction Update. (5 min.) 4. Lorelei Donaldson ITEM/TOPIC: Local Licensing Authority (the "LLA") Appointments (5 min.) ACTION REQUESTED OF COUNCIL: Appoint three applicants to the LLA; all three members shall be appointed to two-year terms through May, 2007. BACKGROUND RATIONALE: All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. There are currently three vacancies on the LLA. The Town received three (3) applications for the vacancies. Two applicants are incumbent members of the LLA (noted by asterisks below). One member, Dave Chapin, was term-limited (8 years) and could not serve on this board another term. The Council needs to interview each applicant at the work session and then appointment three applicants to the LLA at the evening meeting. The applicants are as follows: Bill Bishop* Bob Louthan* Kevin Foley I have also enclosed an attendance summary for the LLA for your review. RECOMMENDATION: Appoint a total of three (3) members to the LLA for two year terms each. I would also ask the Town Council to recognize and thank Dave Chapin for his eight (8) years of dedication, service and exceptional leadership on the LLA as past Chairman of the LLA board. 5. Matt Gennett ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's approval of a design review application (DRB05-0040), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a new single-family residence, 1345 Westhaven Circle/Lot 50, Glen Lyon, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or Deny a request for a continuance of this hearing, pursuant to Section 12- 3-3, Vail Town Code, until the June 7, 2005 Town Council hearing. BACKGROUND RATIONALE: The appellant, Patricia O'Neil, has filed a Request for A Continuance of Hearing, to which the owners of Lot 50 does not object. STAFF RECOMMENDATION: Staff recommends the Town Council approves the request for a Continuance of Hearing until the Council's next regularly scheduled meeting, June 7, 2005. 6. Russ Forrest ITEM/TOPIC: Conference Center Synopsis (3.0 hrs.) BACKGROUND INFORMATION: A presentation on the current status of the project, questions from Council and the opportunity for public input. Council will also be asked to provide direction to the eight-member Oversight Committee and town staff regarding next steps. Specific information will include financial and construction cost updates, plus overviews on potential operational, marketing and governance options. ACTION REQUESTED OF COUNCIL: Following the update and discussion, the Oversight Committee will present three options for the Council's consideration: direct the Committee and staff to pursue development review approval of the facility as currently designed, while continuing to research methods of balancing escalating construction costs with the desired quality of the facility's finishes; which may include a November election to increase one of the dedicated revenue sources. • direct the Committee and staff to reduce the size of the facility to counter rising construction costs; or • direct the Committee and staff to discontinue all work and expenditures on the conference center project. 7. Matt Gennett ITEM/TOPIC: Second reading of Ordinance No. #12, Series of 2005, an ordinance repealing and re-enacting Ordinance No. 8, Series of 1995, Cascade Village, amending and re-establishing the approved development plan for the Westhaven Condominiums site located within Area A of SDD No. 4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the construction of thirteen dwelling units; and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #12, Series of 2005. BACKGROUND RATIONALE: On February 8 and April 11, 2005, the Town of Vail Planning & Environmental Commission (PEC) 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 an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive /(Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village, and setting forth details in regard thereto. Upon consideration of the request, the Commission voted 6-0-1 (Viele recused) to forward a recommendation of approval with conditions of the applicant's request to the Vail Town Council. A copy of the staff memorandum to the Planning and Environmental Commission, dated April 11, 2005, with revised conditions has been attached for reference. On May 3, 2005, the Vail Town Council approved with modifications Ordinance No. #12, 2005, upon first reading . STAFF RECOMMENDATION: The Community Development Department is recommending that the Town Council approves Ordinance No.# 12, Series of 2005, upon first reading. 8. Matt Mire ITEM/TOPIC: Second reading of Ordinance #13, Series of 2005. An ordinance providing certain amendments to Title 3, Chapter 4, "Design Review board," of the Municipal code of the Town of Vail; changing the composition of the DRB from five to seven members; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance #13, Series of 2005, on second reading. BACKGROUND RATIONALE: The Town Council requested an ordinance that would change the composition of the design review board from five members to seven members. STAFF RECOMMENDATION: Approve, approve with amendment or deny Ordinance #13, Series of 2005, on second reading. 9. Stan Zemler ITEM/TOPIC: Funding request from Timber Ridge Affordable Judy Camp Housing Corporation (TRAHC). (10 min.) ACTION REQUESTED OF COUNCIL: Consider making a loan of $700,000 to TRAHC for the purpose of remediating additional units and funding 2005 cash flow requirements. The proposed loan would carry the same terms and conditions as the town's current loan to TRAHC - 1.5% annual interest; maturity date December 1, 2032; repayable from project revenues; subordinate to 2003A and 2003B bonds; no penalty for early repayment BACKGROUND RATIONALE: With only 114 units available for rent and increasing interest rates, The TRAHC board has developed a plan to remediate up to forty-four additional units and has identified a master lessee for those units. The cost to remediate is approximately $370,000. An additional $330,000 is needed for 2005 expenditures that cannot be covered by rental from the 114 units currently rented. Following remediation of the additional units, annual rental income will increase by approximately $500,000 which the TRAHC board believes will be sufficient to cover annual obligations. STAFF RECOMMENDATION: Approve a loan of $700,000 to TRAHC under the same terms and conditions as the existing promissory note. 10. ITEM/TOPIC: Town Manager's Report (10 min.) r Art in Public Places (AIPP) Update on Jesus Moroles' Granite Amphitheatre Although the artist was disappointed the town hired local contractors to remove the sculpture, Moroles will work with AIPP to relocate the Granite Amphitheatre. The Seibert Circle project renovation schedule required the demolition of the area in April. Moroles' crew was not available until September to de-install the sculpture. Using local contractors resulted in a small cost savings. AIPP has established a committee to examine potential sites and set project parameters. The committee will work closely with the artist to determine the future layout of the sculpture. The artist's crew will provide re- installation. 11. ITEM/TOPIC: Adjournment (10:30 p.m.) 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, JUNE 7, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JUNE 7, 2005 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. ITEM/TOPIC: July 4th Sponsorship Recognition / Gallegos Corp., Millennium Bank. (5 min.) 3. ITEM/TOPIC: Consent Agenda, Approval of minutes from 05.03.05 and 05.17.05. (5 min.) 4. Greg Hall ITEM/TOPIC: Construction Update. (5 min.) 5. Tom Kassmel ITEM/TOPIC: Westhaven Circle / Greenhill Court, Award of Bid. (15 min.) ACTION REQUESTED OF COUNCIL: Approve supplemental to Capital Street Maintenance Budget and award construction contract to B&B Excavating. BACKGROUND: Westhaven Circle and Greenhill Court streets are currently in poor condition and are in need of repair. The reconstruction of these roads has been bid out for construction in two phases. B&B excavating was the single bidder and has proposed the following prices: Phase I -Westhaven Circle: $753,000 Phase I & II -Westhaven Circle and Greenhill Ct.: $1,040,000 The project currently has $700,000 budgeted from the 2005 Capital Street Maintenance budget. Staff is requesting to reallocate dollars from the 2007 Capital Street Maintenance budget to complete this project. Staff sees three options: Option 1: Complete Phase I less 500' of road reconstruction and stay within budget. 1 Option 2: Request a budget supplemental in the amount of $100,000 and complete all of Phase I. Option 3: Request a budget supplemental in the amount of $365,000 and complete all of Phase I and Phase II. STAFF RECOMMENDATION: Staff recommends Council reallocates $365,000 from the 2007 Capital Street Maintenance Budget to the 2005 Capital Street Maintenance budget for the purpose of the reconstruction of Westhaven Circle and Greenhill Ct.; and that council award Phases I and II of the construction of Westhaven Circle and Greenhill Court to B&B Construction in the amount of $1,040,000. 6. Matt Gennett ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's April 6, 2005, approval of a design review application (DRB05-0102), pursuant to Section 12-3-3, Appeals, Vail Town Code, to allow for a new single-family residence, the "Alfond Residence", located at 1345 Westhaven Circle/Lot 50, Glen Lyon, and setting forth details in regard thereto. The appellant, Patricia O'Neil, has standing to file an appeal as the owner of an immediately adjacent lot to the west, 1385 Westhaven Circle, Lot 51, Glen Lyon. (45 min.) ACTION REQUESTED OF COUNCIL: Overturn, Overturn with Modifications, or Deny a request for an appeal of the Design Review Board's April 6, 2005, Approval of a new single-family residence, DRB05-0102, pursuant to Section 12-3-3, Vail Town Code. BACKGROUND RATIONALE: On March 2, 2005, the Design Review Board conducted a conceptual review of the proposed "Alfond Residence" (DRB05-0040), a new single-family residence located at 1345 Westhaven Circle/Lot 50, Glen Lyon. The Design Review Board did not have any objections to the applicant's proposal. On April 6, 2005, the Design Review Board approved the proposed "Alfond Residence" (DRB05-0102) with no conditions and with a vote of 2-1-0 (Dunning opposed). The appellant was present at the April 6, 2005, Design Review Board hearing and articulated her objections to the project in that forum. On April 21, 2005, the appellant filed her appeal of the April 6, 2005, Design Review Board approval of the proposed Alfond Residence, DRB05-0102. On May 17, 2005, the Town Council granted a request for a continuance, pursuant to Section 12-3-3, until the next regularly scheduled Town Council hearing, June 7, 2005. 2 STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Design Review Board's approval of the proposed "Alfond Residence", DRB05-0102, pursuant to Chapter 12-11, Design Review, Vail Town Code. 7. Judy Camp ITEM/TOPIC: Decision on 2005 year-to-date requests for funding. (15 min.) Action requested of council: What follows is the criteria Council endorsed at your May 3`d meetings: The Town Council will evaluate the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the Town's mission, and how this contribution will affect our resort community's future health. The Town Council's mission statement reads: In order to be the premier mountain resort community, we're committed to providing citizens and guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational, and cultural opportunities. GENERAL FUND: A. Betty Ford Alpine Gardens BACKGROUND INFORMATION: Betty Ford Alpine Gardens is requesting funding for Town of Vail's participation in "A Vail Valley Tribute to Betty Ford" to be held on August 7, 2005. This funding will provide a table for 10 at the tribute and will go toward building endowment and supporting current year operations. Additionally you are being asked to consider "naming opportunities" for various elements of the gardens. STAFF RECOMMENDATION: Historically the town has funded capital, infrastructure improvements and operations. Staff recommends we stick to these types of contributions. Additionally staff recommends requesting the foundation to name the Town of Vail as the benefactor of the site of the gardens. B. Vail Film Institute BACKGROUND INFORMATION: Current funding is in place, although additional funding to get the staging of the Vail Film Festival Summer Series Pilot Program off the ground for two Mondays in July is needed. STAFF RECOMMENDATION: Because the majority of the funding has been raised through CSE and other groups, staff does not recommend further funding because staff believes this should fall entirely to the CSE. C. Teva Mountain Games BACKGROUND INFORMATION: This is an in-kind request for additional public work services during the June 2005 games that include banner hanging, bleacher pickup and return, installation of "Do Not Enter" sign with a loader, extra trash crew and installation of flags on the International Bridge. STAFF RECOMMENDATION: The applicant recognizes this should have been requested during the regular '05 Council contribution process. Staff has already approved $1500 in kind for previously unidentified police back up. Further, this town sponsored event is funded by $60,000 from CSE. Staff recommends funding this in kind request. $4020 in kind staff recommendation. D. Vail Mountain Rescue BACKGROUND INFORMATION: Vail Mountain Rescue will be hosting the VMRG Symposium 2005, June 15 through June 18. An-kind request for bus transportation for participants to and from field events (outside of TOV) has been made. STAFF RECOMMENDATION: Staff believes this would set an inpactful precedent for future conference organizers. Other conferences that book out of district services pay charter rates and in the case of a Vail specific conference, e.g., Future Business Leaders of America this group paid charter rates for additional in town service. Staff does not recommend funding. TOV -CAPITAL PROJECTS A. Westhaven Circle and Greenhill Court Road Project BACKGROUND INFORMATION: Originally in 2005 Westhaven Circle and Greenhill Court were scheduled for mil and overlay. Then major drainage issues came up. Currently there is a budget of $700K, the estimate from B&B came in at $753K for Phase I, which covers the majority of Westhaven Circle and no contingency. Public Works is asking for $100K to complete Phase I; however, pricing is good from B&B and the last phase up through Greenhill Court will complete the project without road repairs taking an additional summer. Public Works is requesting $365K to do both phases in 2005, thus taking into consideration the neighborhood. STAFF RECOMMENDATION: Public works is planning on reducing Capital Street Maintenance dollars in 2007 by the $365,000 in order to complete this project in 2005. Staff recommends funding this project in 2005 to complete both phases. B. Cascade Village Metropolitan District (CVMD) BACKGROUND INFORMATION: A request for additional capital improvements for the Cascade Village Skier Bridge and the Westhaven Drive Bridge was requested on April 19, 2005, Council work session. At that time additional questions were asked by council and CVMD was asked to return on June 7 with these answers during the mid-cycle review process. Currently the Gore Valley Trail has no easements or maintenance agreements with the town and this was the Public Works Department initial goal when staff contacted CVMD in March of 2003. STAFF RECOMMENDATION: Staff recommends funding this project from RETT. The community benefits and opportunity to partner with another organization who will be primarily subsidizing the improvements, make this a win win situation for both parites. 8. Stan Zemler ITEM/TOPIC: Conference Center /Award of contract from Greg Hall Mortenson /Budget Update. (30 min.) ACTION REQUESTED OF COUNCIL: The Conference Center Advisory Committee (Committee) would like to request the following based on the direction received from the Town Council on May 17, 2005: To authorize the Town Manager to execute a contract with Mortenson for predevelopment service as shown in attachment A. Review input from the Committee on ideas to reduce construction costs for the facility. Approve of additional expenditures to execute the direction provided by the Town Council on May 17th to move forward with the current design of the facility. BACKGROUND: After significant public input and Council deliberation, the Vail Town Council directed staff on May 17th to: Implement option B which involved moving forward with the existing program and design while reducing costs to a reasonable extent possible. This step involves moving forward with the development of the existing design and reviewing it with Town Boards. In addition, Council directed staff to develop ballot language that would not only provide additional revenue for the construction of the facility but also an additional $1.5 million per year over and above annual debt service to pay for operational deficits. Since May 17th the design team has further developed the design and identified areas for cost reductions. 9. Nina Timm ITEM/TOPIC: Timber Ridge Affordable Housing Commission (TRAHC) Discussion /Proposed Request for Proposals & Letter of Intent. (20 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with modifications the proposed goals and timeline in the draft Request for Proposals. BACKGROUND RATIONALE: The TRAHC board came to the Vail Town Council on May 17, 2005, to request a loan of $700,000 to cover under-funded operating accounts as well as funds to remediate 44 additional units for lease to Vail Associates. The Town Council agreed to the loan with two conditions: a master lease for the additional units be signed by Vail Associates and that a Request for Proposals (RFP) be issued for sale or redevelopment of Timber Ridge Village. The TRAHC has secured a commitment from Vail Associates to lease an additional 44 units at Timber Ridge, provided they are remediated for mold. The TRAHC would like to have Town Council review the goals and timeline for the draft Request for Proposals and verify that it meets the expectations of Town Council. Staff will return at the next meeting with "parameters" potential developers should consider. 10. Warren Campbell) ITEM/TOPIC: First Reading of Ordinance No. #14, Series of 2005, an ordinance repealing and reenacting Ordinance 24, Series of 2004 establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #14, Series of 2005. BACKGROUND RATIONALE: On December 7, 2004, the Town Council at a public hearing approved the second reading of Ordinance 24, Series of 2004 by unanimous vote 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. In the time since this approval, a discrepancy was discovered in the lot area of the Manor Vail development site which has rendered many of the zoning statistics reported in Ordinance 24, Series of 2004 inaccurate. In addition there was a typographical error found regarding the number of attached accommodation units to be constructed. Ordinance 14, Series of 2005 corrects these items. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 14, Series of 2005, on first reading. 11. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. #15, Series of 2005, an ordinance amending Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the allowable site coverage on lots with average slopes in excess of thirty percent (30%) from a current maximum of fifteen percent (15%) of the total lot size, to the standard maximum of twenty 6 percent (20%) of the total lot size, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 15, Series of 2005, on first reading. BACKGROUND RATIONALE: The Planning and Environmental Commission (PEC) held public meetings to consider this request on March 14, 2005, and on April 25, 2005, at which the PEC forwarded a recommendation of approval to the Town Council. A copy of the staff memorandum to the PEC from their April 25, 2005, meeting has been attached for reference. 12. Malcolm Murray ITEM/TOPIC: Request to approve of Resolution #9, Series of 2005 that would approve an amendment to the LionsHead Public Facilities Development Plan. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modification, or deny the amendment to LionsHead Public Facilities Development Plan. BACKGROUND: The Vail Town Council is being requested to approve Resolution 9, Series of 2005 and with finding that the amendment to LionsHead Public Facilities Development Plan is consistent with the Town of Vail's Comprehensive Plan. The LionsHead Public Facilities Development Plan ("Plan") was prepared by the Vail Reinvestment Authority ("VRA") and adopted by the Vail Town Council of the Town of Vail, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes on March 16, 2004. At the time of approval, sections 5.1 and 5.2 of the plan were deleted that authorized tax increment financing. However, the Planning and Environmental Commission reviewed and made a favorable recommendation of the Plan with the tax increment provisions in the Plan. The tax increment provisions were not included in the final approval to avoid unduly limiting the bonding capacity of this financial tool. At this time the Vail Reinvestment Authority would request that sections 5.1 and 5.2 be reinserted into the Plan now that construction has commenced in LionsHead. This amendment to the Plan is considered a substantial modification and triggers compliance with all procedural steps required for original adoption of the Plan. On May 23, 2005, the Planning and Environmental Commission voted 5-1 to forward a finding to the Vail Town Council that the amendment to LionsHead Public Facilities Development Plan conforms to the Vail Comprehensive Plan. 13. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) ,> `05 SUMMER VAIL VALLEY ATHLETE COMMISSION ALLOCATIONS At the May 13th meeting of the above, the following allocations were agreed upon: Michael Janelle $750 Pro Road and Mountain Biking Josiah Midaugh $1,000 Pro Triathalon Nat Ross $750 Pro/World Cup Cross Country Mountain Biking Two additional applications were received, but one was received far after the deadline and the second lacked international competitive experience. Thus, neither was funded. Again, this partnership is jointly funded through the Beaver Creek Resort Company, Vail Resorts, the Vail Valley Foundation and the Town of Vail. ,> INFORMATION BOOTH REQUIREMENT FOR AUDITED FINANCIAL STATEMENT Staff was asked to review whether the current information booth contract w/the Vail Valley Chamber and Tourism Bureau (VVCTB) required an audited financial statement. Section II. Administrative Control of Funds, Paragraph C, reads as follows: "The VVCTB shall submit to the town, for its review, the VVCTB audited financial statement by July 1, 2006. The expense of this audit shall be paid by the VVCTB as an expense of administration." Staff recommends the clause be included in any future contract for this performance of service ensure fiscal accountability of public funds. ,> JOINT MEETING WITH EAGLE COUNTY COMMISSIONERS A joint meeting w/the Eagle County commissioners (Board of County Commissioners, e.g., BOCC) has been scheduled for Tuesday evening, August 16, at 6:00 P.M. The BOCC meets that afternoon, as well, and requested the meeting occur in the evening. Please be thinking of some potential topic areas of discussion for this joint meeting. r MOUNTAIN RESPONSE 2005 The emergency training exercise has been completed and participant feedback continues to be positive with many saying it was the best exercise they've ever attended, thanks, in part, to Vail Resorts, which provided the exercise site. The event simulated a building collapse in LionsHead with "victims" trapped beneath the rubble. There were more than 40 agencies involved, including national search and rescue teams from Colorado, Utah and Tennessee. In the past, these elite teams have responded to large-scale incidents such as the World Trade Center disaster and the Oklahoma City bombing. While in Vail, these urban search and rescue teams not only trained as a unit, but also provided hands-on training to our local responders. In addition, the exercise provided an opportunity to test the integration of our local, state and federal incident management plans, the ability to deliver critical information to the public, an opportunity to track the cost of the response, plus important disaster declaration training from the Federal Emergency Management Agency. More than 650 people participated in the exercise, including about 60 volunteers. In addition, the local branch of the Salvation Army arranged to provide a canteen during the four days with assistance from the Red Cross. Police Chief Dwight Henninger served as Exercise Director and is preparing a full report to Council to be presented in the next month. Please join me in recognizing Chief Henninger and all others involved for their hard work and dedication. r OFFICER AWARDED FOR "SERVICE ABOVE SELF" Code Enforcement Officer Moses Gonzales received the Rotary Club's "Service Above Self" Public Service award on Wednesday June 1, at the Rotary meeting at Manor Vail. Moses was recognized for his excellent service to the Town of Vail as a Code Enforcement Officer with the Police Department and for all of his service to the Valley including the Food Drive, Shop with a Cop program and his service on a number of non-profit boards. 14. ITEM/TOPIC: Adjournment (9:45 p.m.) 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, JULY 5, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JUNE 21, 2005 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. Pam Brandmeyer ITEM/TOPIC: Vail Local Housing Authority (VLHA) Appointments. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint one applicant to the VLHA to fill a vacancy for a term of 5 years, ending June 30, 2010. BACKGROUND RATIONALE: There is currently one vacancy on the VLHA. The Town received two (2) applications for the vacancy. The Council needs to interview each applicant at the work session and then appointment one applicant to the Vail Local Housing Authority at the evening meeting. The applicants are as follows: Barbara May Steve Lindstrom 3. Greg Hall ITEM/TOPIC: Construction Update. (5 min.) 4. Matt Mire ITEM/TOPIC: Discussion regarding the Conference Center ballot Dee Wisor question for the November 2005 election. (30 min.) ACTION REQUESTED OF COUNCIL: Review the DRAFT ballot question contained in the Council packets, discuss any desired changes to the DRAFT question, and provide direction to staff with regard to preparation of a final draft of the ballot question for approval by Council. BACKGROUND RATIONALE: At the regular meeting of June 7, 2005, the Council directed the staff to bring a draft ballot question to the Council Meeting on June 21, 2005, for discussion. The Council further directed the staff to bring forward a question that contemplated an "all or nothing" decision by the electorate. STAFF RECOMMENDATION: Discuss the draft ballot question, receive public comment on the same and provide direction to staff, via motion, with regard to any desired changes to the question. 5. Chris Cares ITEM/TOPIC: 2005 Town of Vail Community Survey Results. (30 Suzanne Silverthorn min.) BACKGROUND: The 2005 Town of Vail Community Survey was conducted by telephone during a two week period, March 26 to April 8. Responses were obtained from 302 year-round residents and 102 part-time residents. An additional 34 responses were returned by mail. The purpose of the survey is to evaluate satisfaction levels with respect to a full range of municipal services and to gather opinions on selected issues currently facing the Vail community. Key findings of the survey will be presented by Chris Cares, principal of RRC Associates, an independent research firm. 6. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. #1, Series of 2005, an ordinance establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. (2 hrs.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #1, Series of 2005. BACKGROUND RATIONALE: On April 25, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to establish Special Development District No. 39, Crossroads. The purpose of the new Special Development District is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive. Upon review of the request, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval of the request to establish Special Development District No. 39, Crossroads, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated June 21, 2005, for further details (attached). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. #1, Series of 2005, on first reading. 7. Warren Campbell ITEM/TOPIC: First Reading Ordinance No. #16, Series of 2005, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the District and to add a definition of a "bowling alley" to the Vail Town Code, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #16, Series of 2005 on first reading. BACKGROUND RATIONALE: On April 25, 2005, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Gunion absent) to forward a recommendation of approval for a proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition fora "bowling alley" to the Vail Town Code. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. #16, Series of 2005, on first reading. 8. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. #14, Series of 2005, an ordinance repealing and reenacting Ordinance #24, Series of 2004 establishing Special Development District No. #38, Manor Vail Lodge, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2005. BACKGROUND RATIONALE: On December 7, 2004, the Town Council at a public hearing approved the second reading of Ordinance #24, Series of 2004 by unanimous vote 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. In the time since this approval, a discrepancy was discovered in the lot area of the Manor Vail development site which has rendered many of the zoning statistics reported in Ordinance 24, Series of 2004 inaccurate. In addition there was a typographical error found regarding the number of attached accommodation units to be constructed. Ordinance 14, Series of 2005 corrects these items. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 14, Series of 2005, on second reading. 9. George Ruther 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: Approve, approve with modifications, deny, or table the second reading of Ordinance No. #17, Series of 2004. The applicant is requesting that the Town Council table the second reading of Ordinance No. #17, Series of 2004, to August 2, 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 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. #17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17, 2004; October 5, 2004; January 4, 2005; and May 3, 2005; the Town Council tabled the second reading of Ordinance No. #17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. 17, Series of 2004, again be tabled to a future Town Council meeting. STAFF RECOMMENDATION: Table the second reading of Ordinance No. 17, Series of 2004, to August 2, 2005. 10. Pam Brandmeyer ITEM/TOPIC: Resolution No. #10, Series of 2005. Tribute to Betty Ford. (5 min.) 11. TRAHC Board ITEM/TOPIC: Timber Ridge Affordable Housing Corporation (TRAHC) Board update. (10 min.) ACTION REQUESTED OF COUNCIL: Review materials provided in your packet and information presented at the Council meeting. Provide feedback and comments to TRAHC Board. BACKGROUND RATIONALE: The "Agreement Regarding Reporting and Financial Disclosures" between the TRAHC Board and the Town of Vail sets forth certain reporting requirements. TRAHC is providing Council with financial and operating information per these requirements. TRAHC's bond counsel has drafted documents for the $700,000 loan approved by Council on June 7, 2005. This information is also provided for Council comment. Council also requested updates concerning progress toward remediation and sale or redevelopment of the property. This update will be provided by the TRAHC Chairman. STAFF RECOMMENDATION: Provide comments on information presented. 12. Stan Zemler ITEM/TOPIC: Town Manager's Report (10 min.) r Clean Up Day Wrap Up (see attachment) r Mid-Cycle Funding Requests During the discussion on mid-cycle funding request on June 7, council advised staff to include the question of why this funding request was not part of the regular cycle on the mid- cycle criteria. We have added this question to the mid-cycle funding request criteria. Also, during this discussion, council requested staff to come up with a recommendation for a dollar amount for discretionary spending on mid-cycle funding requests. Staff recommends bringing any requests over $5000.00 to council for approval. Budgeting for in-kind services will be looked at by staff during the 2006 budget process. r Seibert Circle Update 13. ITEM/TOPIC: Adjournment (10:15 p.m.) 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, JULY 5, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JULY 5, 2005 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: Construction Update. (5 min.) 3. Matt Mire ITEM/TOPIC: Conference Center Ballot Language. (20 min.) Dee Wisor ACTION REQUESTED OF COUNCIL: Review the REVISED DRAFT ballot questions contained in the Council packets, discuss any desired changes to the DRAFT questions, and provide direction to staff with regard to preparation of a final draft of the ballot questions for approval by Council. BACKGROUND RATIONALE: At the regular meeting of June 21, 2005, Council directed staff to revise the draft ballot question and to bring back alternative questions. STAFF RECOMMENDATION: Discuss the draft ballot questions, receive public comment on the same and provide direction to staff, via motion, with regard to any desired changes to the questions. 4. ITEM/TOPIC: Consent Agenda. 06.07.05 & 06.21.05 Minutes. (5 min.) 5. TRAHC Board ITEM/TOPIC: Timber Ridge Affordable Housing Corporation (TRAHC) Board Update. (10 min.) 6. Dwight Henninger ITEM/TOPIC: I-70 Noise Quarterly Update. (20 min.) ACTION REQUESTED OF COUNCIL: Receive the update of the efforts of the police department's year long education and enforcement pilot program. Determine if Council wants to continue the 65 Max on I-70 program. (60 min.) STAFF RECOMMENDATION: Staff recommends Council authorize the following; 1. Continuation of the I-70 noise and speed education and enforcement program by the Police Deartment, at a cost of $24,000 for the remainder of 2005, it is recommended I-70 Noise Mitigation capital funds be use d for funding this project. 2. Direct the Town Managger to include this additional peace officer position in the 2006 budget request. 7. Stan Zemler ITEM/TOPIC: Review of Vail Visitor Information Center Proposals and Selection of Third-Party Operator. (60 min.) ACTION REQUESTED OF COUNCIL: Review proposals, committee recommendations and provide direction. BACKGROUND: The Town of Vail has been soliciting proposals to operate and manage the Vail Visitor Information Centers beginning Oct. 1, 2005, and continuing for athree-year period. The Visitor Information Centers are currently managed by the Vail Valley Chamber & Tourism Bureau under cone-year contract which ends Sept. 30, 2005. In preparation for the solicitation of proposals, a Council Visitor Information Center Committee was established to develop recommendations and strategies for a fair and impartial decision-making process. That process included preparation and distribution of a Request for Proposals (RFP) issued April 20, 2005; responses from three potential operators by the June 1, 2005, deadline (Vail Brochure Delivery, Vail Chamber & Business Association and Vail Valley Chamber & Tourism Bureau); evaluation of the proposals by the committee; and a selection recommendation forwarded to the Town Council for consideration. COMMITTEE RECOMMENDATION: The Council Visitor Information Center Committee unanimously recommends selection of Vail Brochure Delivery to operate the Vail Visitor Information Centers as outlined in the corresponding memorandum. The Committee further requests the Town Council authorize the Town Manager to negotiate a three year operating contract with a not to exceed amount identified by the Town Council. It is additionally recommended the contract include six month reviews during the first and second years. 8. Russ Forrest ITEM/TOPIC: Colorado Inspection Agency (CIA) contract for conducting plan review and inspection services for the Four Seasons project. (30 min.) ACTION REQUESTED OF COUNCIL: Staff is requesting that the Town Council authorize the Town Manager, via motion, to execute a contract with CIA to perform plan review and inspection services for the Four Seasons Project. BACKGROUND RATIONALE: As anticipated, the Town of Vail is experiencing an unprecedented amount of construction. The Chief Building Official for the Town of Vail has now met with General Contractors from the various commercial projects to determine the time frame and quantity of inspections required for the various commercial projects. At the same time, staff is mindful of the direction received from Council that residential builders should not be unduly impacted by the high level of commercial construction. The Town has budgeted additional resources and anticipated the need to contract resources for conducting plan reviews. At this time, staff has concluded that the demand for building inspections if Four Seasons or another large project initiates construction will exceed our capacity to provide those services. Staff obtained proposals from 4 companies that provide inspection and plan review services in the event contract resources would be needed. CIA provided the most qualified staff, and had the best experience and references. They also provided a competitive rate when compared to their competition. 9. Matt Mire 10. Stan Zemler 11. ITEM/TOPIC: Joint Use Agreement for the Town of Vail Gymnastics Center. (15 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to execute the Joint Use Agreement for the Town of Vail Gymnastics Center, between the Town of Vail, Eagle County School District RE-50J and the Vail Park and Recreation District. BACKGROUND RATIONALE: The Agreement is for the joint use of the 8,742 sq. foot gymnastics center owned by the Town of Vail and located at 545 N. Frontage Road. The gymnastics center was funded in part by the Town of Vail, the School District, the Vail Recreation District, Eagle River Water & Sanitation District, and Vail Resorts. Its primary purpose is to provide gymnastics training for residents of the Town of Vail and Eagle County while also providing additional recreational uses for the School and community at large. STAFF RECOMMENDATION: Approve the joint use agreement. ITEM/TOPIC: Town Manager's Report (10 min.) ITEM/TOPIC: Adjournment (9:05 p.m.) 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, JULY 19, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JULY 19, 2005 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. ITEM/TOPIC: Construction Update. (5 min.) 3. TRAHC Board ITEM/TOPIC: Timber Ridge Affordable Housing Corporation (TRAHC) Board update. (10 min.) ACTION REQUESTED OF COUNCIL: Review materials provided in your packet and information presented at the Council meeting. Provide feedback and comments to TRAHC Board. BACKGROUND RATIONALE: The "Agreement Regarding Reporting and Financial Disclosures" between the TRAHC Board and the Town of Vail sets forth certain reporting requirements. TRAHC is providing Council with financial and operating information per these requirements. Council also requested updates concerning progress toward remediation and sale or redevelopment of the property. This update, by the TRAHC Chairman will include an overview of a potential agreement between the Town of Vail and TRAHC. This agreement is recommended by legal council. The agreement would have TRAHC employ the Town as its agent to solicit proposals for redevelopment. The RFP for Timber Ridge will be issued by the Town and the Town's recommendation would then be forwarded to TRAHC, who upon payment of their debt would make the property available for redevelopment. STAFF RECOMMENDATION: Provide comments on information presented. 4. Lorelei Donaldson ITEM/TOPIC: Local Licensing Authority (the "LLA") Appointment. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint one applicant to the LLA to fill the vacancy left by Rob Rothenberg (he moved out of the Town of Vail); the applicant shall be appointed to complete the term which expires May 31, 2006. 5. Russ Forrest BACKGROUND RATIONALE: All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. There is currently one vacancy on the LLA. The Town received one (1) application for the vacancy. The Council needs to interview this applicant at the work session and then make the appointment to the LLA at the evening meeting. The applicant is Robert McKown. RECOMMENDATION: Appoint one applicant to the LLA to complete the term vacated by Rob Rothenberg. I would also ask the Town Council to thank Rob Rothenberg for his three (3) years of service on the LLA board. ITEM/TOPIC: Vail Conference Center Update. (30 min.) ACTION REQUESTED OF COUNCIL: On June 7th, the Vail Town Council authorized additional funds to continue working on the conference center. As part of that authorization $30,000 was budgeted for additional operational studies. The Committee would like to retain a qualified professional to evaluate price sensitivity for Lodging Tax and its impact on Lodging. The Committee would like to be authorized by the Town Council to spend up to $10,000 to evaluate this question. BACKGROUND RATIONALE: On July 13th, the Conference Center Advisory Committee met and reviewed the current conference center ballot language. The lodging representatives on the Committee requested that two issues be discussed with the Town Council: 1. Complete an analysis of price sensitivity in the resort lodging market place to increases in lodging tax. Specifically the lodging community would like to know if raising lodging tax will negatively impact lodging business or if there is a threshold which should be recognized. Currently a guest checking out of a Vail lodging property pays an 11.8% tax (Sales and Lodging Tax). 2. Request to Council to discuss sun setting the lodging tax. The Lodging community would be very interested in sun setting all or a portion of the tax. This matter could be considered more fully once a final tax increase is determined based on a guaranteed maximum price from Mortenson Construction which will be available in August. 6. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. #1, Series of 2005, an Ordinance establishing Special Development District No. #39, Crossroads, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table the First Reading of Ordinance No. 1, Series of 2005, an ordinance establishing Special Development District No. 39, Crossroad, to the August 2, 2005, Council meeting. BACKGROUND RATIONALE: Staff and the applicant are requesting that the First Reading of Ordinance No. 1, Series of 2005, an ordinance establishing Special Development District No. #39, Crossroad, be tabled to August 2, 2005, in order to give staff and the applicant time to address the concerns expressed by the Town Council at the June 21, 2005, public hearing. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council table the First Reading of Ordinance No. #1, Series of 2005, an ordinance establishing Special Development District No. #39, Crossroad, to the August 2, 2005, Council meeting. 7. Matt Mire ITEM/TOPIC: Consideration of an Intergovernmental Agreement ("IGA") between Vail Square Metropolitan Districts 1, 2 and 3 (the "Districts) and the Town of Vail regarding operation and maintenance of the On-Site Streetscape Improvements and the LionsHead Place Improvements. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendment the IGA, via motion, at the evening meeting. BACKGROUND RATIONALE: The IGA was approved as to form, as Exhibit D, to the Consolidated Service Plan for Vail Square Metropolitan Districts 1, 2 and 3, which was approved by the Town Council via Resolution No. 8, 2005, on May 3, 2005. It was represented at that time that a final version of the IGA would be brought back to the Town Council for review and approval prior to its execution. No substantive changes have been made to the IGA since the Council last saw it on May 3, 2005. STAFF RECOMMENDATION: Approve the IGA, via motion, at the evening meeting. 8. Matt Mire ITEM/TOPIC: Resolution No. #12, Series 2005, A resolution approving the amendment to core site development agreement (the "Amendment") among the Town of Vail (the "Town"), Vail Reinvestment Authority (the "Authority"), and the Vail Corporation, d/b/a Vail Associates, Inc., a Colorado corporation ("Vail Associates"), which amendment pertains to certain respective rights and responsibilities of the Town, the Authority and Vail Associates in relation to the core site development proposed to be undertaken by Vail Associates and affiliates. The topic is an Amendment to the Core Site Development Agreement ("DIA"). Because the original DIA was negotiated and adopted prior to final design approvals, there are several housekeeping matters that need to be amended in order to comply with certain conditions adopted by the PEC. The main items are as follows: 1) The Town is agreeing to various Easement Dedications subject to final review by the Town Staff. These were anticipated by the original DIA and the Amendment sets them out with specificity. 2) The Town is agreeing to designate Vail Associates and its designees (contractors and utility companies) to install the off-site improvements. The original DIA mandated that Vail Associates do the work. This Amendment authorizes and enables Vail Associates to do the work. 3) The Town and Vail Associates are agreeing as to the areas of responsibility on an ongoing basis for utilities and off-site improvements. The original DIA did not specify in detail these areas. 4) The Town is agreeing to give Vail Associates a license agreement for various encroachments for footings, etc. The original DIA called for transfer of ownership of the property. 5) The Town is agreeing to transfer the $4,300,000 obligation for additional parking to the Core Site. The Original DIA tied the obligation to the Gore Creek Townhomes. This is an accounting issue which serves to properly allocate the money to the Core Site. The condition, as before, is a personal obligation of Vail Associates and is not conditioned upon the building of the Core Site. This Amendment does not limit the effect of any condition to closing under the original DIA which presently remains unsatisfied. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendment Resolution No. #12, Series 2005, and/or the underlying Amendment to Core Site Development Agreement, at the evening meeting. BACKGROUND RATIONALE: The Amended agreement will update the original Core Site Development Agreement based upon all current approvals as set forth above. STAFF RECOMMENDATION: Approve Resolution #12, Series 2005, at the evening meeting. 9. Matt Mire ITEM/TOPIC: Resolution No. #13, Series of 2005, a Resolution approving the parking capital investment 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 relates to the Arrabelle at Vail Square Development by Vail Associates. (10 min.) 10. Matt Mire ACTION REQUESTED OF COUNCIL: Approve or approve with amendment Resolution No. 13, Series 2005, at the evening meeting. BACKGROUND RATIONALE: Resolution No. #13, Series 2005, operates to amend the original Parking Capital Investment Agreement. The amended agreement will transfer the $4,300,000 obligation for additional parking to the Core Site. The obligation was originally tied to the Gore Creek Town homes. This is an accounting issue which serves to properly allocate the money to the Core Site. The condition, as before, is a personal obligation of Vail Associates and is not conditioned upon the building of the Core Site. STAFF RECOMMENDATION: Approve Resolution No. #13, Series 2005. ITEM/TOPIC: Resolution No. #14, Series 2005, a Resolution approving the adoption and confirming the effect of the intergovernmental agreement by and among the Authority, The Vail Square Metropolitan District No.'s 1, 2, and 3, and the Vail Corporation, D/B/A Vail Associates. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendment Resolution No. #14, Series 2005, at the evening meeting. BACKGROUND RATIONALE: Resolution #14, Series 2005, is simply an acknowledgement by the Town Council that the condition of approval for the Consolidated Service Plan for Vail Square Metropolitan Districts 1, 2 and 3 (the "Districts") has been satisfied. STAFF RECOMMENDATION: Approve Resolution No. 14, Series 2005, at the evening meeting. 11. ITEM/TOPIC: Town Managers Report (10 min.) r House Bill 1177, Commonly known as the `Interbasin Compact' or the `Colorado Water for the 21St Century Act' This bill created nine basin roundtables covering geographic areas in Colorado. These roundtables will be the primary bodies for on- going discussions related to needs within each basin and the basins' interaction with each other. Caroline Bradford, Eagle River Watershed Council, called for a quick meeting by the municipalities on Monday, July 11. At this meeting, the following towns were represented: Basalt, Gypsum, Eagle, Avon, Minturn and Vail. Consensus on the municipalities' single appointment was required by Friday, July 15, 2005. The county will also be allowed to appoint one candidate. Unanimously, the six towns agreed to nominate Chuck Ogilby as their collective representative. Staff has called Chuck to notify him, although the representative from QQ/NWCCOG indicated he'd already been polled about serving and had stated he was willing to do so. Staff has not yet had a confirmation from Chuck in regard to this position. 12. ITEM/TOPIC: Adjournment (7:50 p.m.) 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, AUGUST 2, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M., TUESDAY, AUGUST 2, 2005 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. Jack Taylor ITEM/TOPIC: Referendum C & D information presentation. (15 min.) 3. Diane Johnson ITEM/TOPIC: Early Childhood Initiative. (10 min.) Kathleen Forinash BACKGROUND RATIONALE: The Early Childhood Initiative is a community effort to identify early childhood needs and develop a shared plan to meet those needs. This brief presentation will share the scope of the initiative and the outcomes for children and families. Your recommendations are invited. The final report of the Initiative will be completed in the first quarter of 2006. 4. ITEM/TOPIC: Consent Agenda. Approval of 07.05.05 and 07.21.05 Evening Session Minutes. (5 min.) 5. Greg Hall Construction Update. (5 min.) 6. Bill Gibson 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: Approve, approve with modifications, deny, or table the second reading of Ordinance No. #17, Series of 2004. The applicant is requesting that the Town Council table the second reading of Ordinance No. #17, Series of 2004, to September 6, 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 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. #17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17, 2004; October 5, 2004; January 4, 2005; May 3, 2005; and June 21, 2005, the Town Council tabled the second reading of Ordinance No. #17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. #17, Series of 2004, again be tabled to a future Town Council meeting. STAFF RECOMMENDATION: Table the second reading of Ordinance No. #17, Series of 2004, to September 6, 2005. 7. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. #17, Series of 2005, an ordinance amending the Vail Land Use Plan pursuant to Chapter VIII of the Vail Land Use Plan, adding the Chamonix Parcel as Tract 43 in the "Inventory and Assessment of Town Owned Property" contained in Chapter VII, Community Facilities, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2005. BACKGROUND RATIONALE: On July 20, 2004, upon the recommendation of acouncil-citizen-staff review committee, 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 centered on a fire station for the town-owned Chamonix property at 2310 Chamonix Road. On January 24, 2005, the Planning and Environmental Commission (PEC) held a work session to consider a proposed draft Land Use Plan for the Chamonix parcel, hear public input, and discuss the other possible uses on site which would be in addition to the primary fire station use. On June 27, 2005, the Planning and Environmental Commission unanimously approved a proposed land use plan and an attached site plan produced by the collaborative efforts of the committee, staff, and Davis Partnership/Michael Hazard Associates to be used as a guide for future land uses on the Chamonix Parcel. STAFF RECOMMENDATION: The Community Development Department is recommending that the Town Council approves Ordinance No. 17, Series of 2005, upon first reading. 8. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. #1, Series of 2005, an ordinance establishing Special Development District No. #39, Crossroads, and setting forth details in regard thereto. (4 hrs.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #1, Series of 2005. BACKGROUND RATIONALE: On April 25, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to establish Special Development District No. #39, Crossroads. The purpose of the new Special Development District is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive. Upon review of the request, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval of the request to establish Special Development District No. 39, Crossroads, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated June 21, 2005, for further details (attached). On June 21, 2005, the Town Council tabled the First Reading of Ordinance No. 1, Series of 2005, and directed staff and the applicant to address several comments. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 1, Series of 2005, on first reading. 9. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. #16, Series of 2005, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the District and to add a definition of a "bowling alley" to the Vail Town Code, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #16, Series of 2005 on first reading. BACKGROUND RATIONALE: On April 25, 2005, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Gunion absent) to forward a recommendation of approval for a proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition fora "bowling alley" to the Vail Town Code. On June 21, 2005, the Town Council tabled the First Reading of Ordinance No. #16, Series of 2005, without hearing any presentation. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. #16, Series of 2005, on first reading. 10. George Ruther ITEM/TOPIC: First Reading of Ordinance No. #18, Series of 2005, an ordinance amending Section 12-7H-12, Density (Dwelling Units Per Acre), Vail Town Code, to allow multiple attached accommodation units within a dwelling unit located within the Lionshead Mixed Use 1 zone district, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #18, Series of 2005 on first reading. BACKGROUND RATIONALE: On June 27, 2005, the Planning and Environmental Commission held a public hearing on a request for a final review of a text amendment to Section 12-7H- 12, Density (Dwelling Units Per Acre), Vail Town Code, pursuant to Chapter 12-3, Amendments, Vail Town Code, to allow multiple attached accommodation units within a dwelling unit, and setting forth details in regard thereto (PEC05-0040). Upon consideration of the text amendment request, the Commission voted 5-0 to forward a recommendation of approval of the request to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. #18, Series of 2005, on first reading. 11. ITEM/TOPIC: Town Manager's Report (10 min.) 12. ITEM/TOPIC: Adjournment (12:15 a.m.) 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, AUGUST 16, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, AUGUST 16, 2005 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. ITEM/TOPIC: Meeting with County Commissioners. (60 min.) Talking Points: ,> Ethics Policy .> Housing Regulations ,> Land Use policies ,> Energy Efficiency Programs .- West Vail Fire Station 3. Carmen Moyer ITEM/TOPIC: Muscular Dystrophy Fire Fighter Proclamation. (5 min.) The Muscular Dystrophy Association along with the Town of Vail would like to thanks the Vail Fire Department for their support of the Fill the Boot Fundraising Program. They have continued to be the highest raising fire department on the Western Slope. Last year they raised almost $10,000, and this year's goal is $20,000. In light of this, we are announcing the week of August 29th - September 5th: Vail Fire Fighter Appreciation Week. 4. ITEM/TOPIC: Construction Update. (5 min.) 5. Russ Forrest ITEM/TOPIC: Vail Conference Center -Ballot Language and Parking. (30 min.) ACTION REQUESTED OF COUNCIL: Based on input from the afternoon work session with representatives from the Lodging Community, the Town Council could choose to keep the ballot language that has been reviewed in June or it could choose to direct staff to prepare alternative language. In addition, staff would like to confirm how parking should be addressed in the facility based on input from the PEC. BACKGROUND RATIONALE: In July, the Town Council approved the current format for the conference center ballot language. At the August 2nd meeting the Town Council requested that the Lodging Community provide any input they might have on the proposed ballot language by the August 16th meeting. The other item to discuss involves parking for the facility. Over the summer months the conference center has received preliminary reviews by both the DRB and the PEC. At the July 25th PEC meeting, the Commission indicated that the conference center should provide 243 spaces for parking based on the zoning code. The Project is proposing to build 250 spaces. The parking would be managed operated by the Town of Vail. The existing 1100 spaces and the new 250 spaces would be operated as one public parking facility. If an event occurred on a peak ski day then there would be the ability to segregate or reserve parking for the conference facility. Staff proposed only segregating 125 spaces during times when the facility is used and frontage road parking is anticipated. Vail Resorts has committed $4.3 million for parking under the conference center. Staff would propose that we comply with the PEC request to provide 243 spaces. The primary question is whether Vail Resorts funding should be accepted to help pay for the proposed parking underneath the parking structure. The alternative would be to increase the amount of the project budget for the conference center an additional $4.3 million to pay for the full total of 250 net new parking spaces. 6. Paul Smith ITEM/TOPIC: Amendment to E911 Inter-Governmental Agreement. (5 min.) BACKGROUND RATIONALE: Due to increased telecommunications cost and surcharge revenue shortfalls, the Eagle County Telephone Service Authority Board (911 Authority) has been forced to reduce its contributions to the operating budget of the County's 911 Center in fiscal years 2004 and 2005. This reduction has forced a corresponding cost increase to the user agencies within the county and required a temporary reduction in staff in 2005. Clearly the 911 Authority's revenue short fall is now directly impacting 911 services in Eagle County and forcing an unnecessary financial burden on the Public Safety agencies within the county. (10 min.) To help resolve this issue the 911 Authority and Eagle County have recently approached the PUC requesting a 911 surcharge increase for Eagle County. This increase will bring the current phone based surcharge of $.70 up to $1.25 per month per phone line. To assist in this matter the 911 Authority is requesting that the Mayor of the Town of Vail endorse the attached "Second Amendment" to the E911 Telephone Service IGA which provides for the proposed surcharge increase. STAFF RESPONSE: Staff recommends the signing of amended IGA. 7. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. 16, Series of 2005, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the District and to add a definition of a "bowling alley" to the Vail Town Code, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #16, Series of 2005 on first reading. BACKGROUND RATIONALE: On April 25, 2005, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Gunion absent) to forward a recommendation of approval for a proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition fora "bowling alley" to the Vail Town Code. On August 2, 2005, the Town Council tabled the First Reading of Ordinance No. 16, Series of 2005, without hearing any presentation. STAFF RECOMMENDATION: This application to amend the allowable conditional uses for the Commercial Service Center District and to add a definition for "bowling alley", was submitted as a part of the proposal to establish SDD No. 39, Crossroads. As you are aware the application to establish SDD No. 39, Crossroads, has been withdrawn. Staff believes this may be an opportunity to examine and update the development standards for the Commercial Service Center District in whole. Should the Town Council choose to move forward with this application the Community Development Department recommends that the Vail Town Council approves Ordinance No. 16, Series of 2005, on first reading. 8. Judy Camp ITEM/TOPIC: First Reading of Ordinance No. #19, Series 2005, an Ordinance making supplemental appropriations to the 2005 Budget, Supplemental Appropriation No. #2. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments, Ordinance No. #19, Series 2005, on first reading. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve Ordinance No. #19, Series 2005, on first reading. 9. Matt Gennett ITEM/TOPIC: Second reading of Ordinance No. #17, Series of 2005, an ordinance amending the Vail Land Use Plan pursuant to Chapter VIII of the Vail Land Use Plan, adding the Chamonix Parcel as Tract 43 in the "Inventory and Assessment of Town Owned Property" contained in Chapter VII, Community Facilities, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #17, Series of 2005. BACKGROUND RATIONALE: On July 20, 2004, upon the recommendation of acouncil-citizen-staff review committee, 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 centered on a fire station for the town-owned Chamonix property at 2310 Chamonix Road. On January 24, 2005, the Planning and Environmental Commission (PEC) held a work session to consider a proposed draft Land Use Plan for the Chamonix parcel, hear public input, and discuss the other possible uses on site which would be in addition to the primary fire station use. On June 27, 2005, the Planning and Environmental Commission unanimously approved a proposed land use plan and an attached site plan produced by the collaborative efforts of the committee, staff, and Davis Partnership/Michael Hazard Associates to be used as a guide for future land uses on the Chamonix Parcel. On August 2, 2005, the Town Council voted 6-1 to approve Ordinance No. #17, Series of 2005 on first reading. STAFF RECOMMENDATION: The Community Development Department is recommending that the Town Council approves Ordinance No. 17, Series of 2005, upon second reading. 10. George Ruther ITEM/TOPIC: Second Reading of Ordinance No. #18, Series of 2005, an ordinance amending Section 12-7H-12, Density (Dwelling Units Per Acre), Vail Town Code, to allow multiple attached accommodation units within a dwelling unit located within the Lionshead Mixed Use 1 zone district, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #18, Series of 2005 on second reading. BACKGROUND RATIONALE: On June 27, 2005, the Planning and Environmental Commission held a public hearing on a request for a final review of a text amendment to Section 12-7H- 12, Density (Dwelling Units Per Acre), Vail Town Code, pursuant to Chapter 12-3, Amendments, Vail Town Code, to allow multiple attached accommodation units within a dwelling unit, and setting forth details in regard thereto (PEC05-0040). Upon consideration of the text amendment request, the Commission voted 5-0 to forward a recommendation of approval of the request to the Vail Town Council. On August 2, 2005, the Vail Town Council approved Ordinance No. #18, Series of 2005 on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. #18, Series of 2005, on second reading. 11. ITEM/TOPIC: Town Managers Report (10 min.) .> Visitor Information Center Operator Contract On July 5, 2005, the Vail Town Council voted 5-2 to direct the town manager to negotiate a contract with Vail Brochure Delivery for operation of the Visitor Information Centers effective Oct. 1, 2005. At the time, Council stipulated the contract be written in a manner that provides an annual review process with the option to renew the contract for a total of three years. The contract (see attached) has been drafted and is now ready to be executed with a start date of Oct. 1, 2005. 12. ITEM/TOPIC: Adjournment (9:15 p.m.) 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, SEPTEMBER 6, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, SEPTEMBER 6, 2005 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. ITEM/TOPIC: Consent Agenda. Approval of 08.02.05 and 08.16.05 Minutes. (5 min.) 3. Greg Hall ITEM/TOPIC: Construction Update. (5 min.) 4. Russ Forrest ITEM/TOPIC: Resolutions 16, Series of 2005 setting forth language for a ballot question on November 8th, 2005 to raise the lodging tax to pay for the construction and operation of the Vail Conference Center and Resolution 17, Series of 2005 expressing the Town Council's intent in developing a threshold for collecting up to 1.5% in additional lodging tax for the conference center. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, disapprove, or modify: A) Resolution 16, Series of 2005 which sets forth language to have a ballot measure on November Stn which would ask voters to increase the lodging tax for the conference center, and B) Resolution 17, Series of 2005 which would state the Town Council's intent on collecting up to 1.5% of new lodging tax for the conference center. BACKGROUND RATIONALE: On August 31St, the Conference Center Advisory Committee met to review the Guaranteed Maximum price from Mortenson Construction and proposed ballot language. At that meeting the Committee unanimously recommended that the Town Council approve Resolution 16 and 17. Resolution 16 would give the Town Council the authority to collect up to 1.5% in new lodging tax to pay for the construction and operation of the conference center. Resolution 17, if approved, would express the Town Council intent on creating a trigger mechanism for collecting up to 1.5% in new lodging tax. 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 variance from Section 12-6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval of variance applications pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On July 25, 2005, the Planning and Environmental Commission approved a variance from Section 12-6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive. The appellant, Vail Town Council, "called-up" the Planning and Environmental Commission's decision at its August 2, 2005, public hearing. Please refer to the staff memorandum to the Planning and Environmental Commission dated July 25, 2005, for additional information. STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's approval of a variance from Section 12-6C-6, Setbacks, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive, subject to the findings in the staff memorandum dated July 25, 2005. However, Staff recommends the Town Council overturns the Planning and Environmental Commission's approval of a variance from Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive, subject to the findings in the staff memorandum dated July 25, 2005. 6. Greg Hall ITEM/TOPIC: Discussion of Village Streetscape Mill Creek Court Building Construction contract Award for 2005-2006. (15 min.) ACTION REQUESTED OF COUNCIL: Approve/ Deny Village Streetscape Mill Creek Court Building Project Award. BACKGROUND RATIONALE: The Town of Vail and Mill Creek Court Condominium Association cooperatively have designed and have received a proposal for construction improvements in Vail Village..The council was advised were under negotiations and it was felt to finishing the streetscape in this area made since. Staff has negotiated a cost sharing of the improvements with the condominium association. The association board has agreed to the proposal. These improvements include the replacement of planters, steps, landscaping, installation of snowmelt system and final streetscape treatments in addition the association is having their trash dumpster upgraded. The Town of Vail has reviewed the proposal and with the contractor. The Project is scheduled to begin Construction later this year and finish next spring. Staff recommends the council add the required additional dollars to the supplemental budget to fund the town's portion of the project. $ 200,000 from RETT and $50,000 from capital projects fund, the remainder of the project will be funded by the Mill Creek Court Condominium Association ($205,000) and from the existing Streetscape budget ($95,000). Direct the Town Manager to execute a change order to the streetscape contract with B & B Excavating for up to $550,000. STAFF RECOMMENDATION: Supplement the Village Streetscape budgets by $ 200,000 to the RETT portion and $ 50,000 from the Capital projects fund and direct the Town Manager to execute a change order with B&B Excavating up to $550,000 to construct the streetscape improvements around Mill Creek Court Building. 7. Gregg Barrie ITEM/TOPIC: Gore Valley Trail Improvements at Cascade Village Projects. (15 min.) ACTION REQUESTED OF COUNCIL: Town Staff is recommending the following: 1. Approve a total project budget of $645, 000 with the understanding that Town will be reimbursed for the cost of Project 1 through the Holy Cross Energy Enhancement Funds. 2. Award the Gore Vallev Trail Improvements at Cascade Villaae project, in whole, to 8 & 8 Excavating in the amount of $ 574, 583.87 with the understanding that a portion of the work will be completed in the spring. BACKGROUND RATIONALE: Town Staff have been working on multiple projects in the Cascade Village area for the past several years. While CVMD has postponed their projects previously scheduled for this fall, the Town is in a position to perform much needed maintenance work to the Gore Valley Trail, starting on Monday, September 12. A portion of the work would be completed this fall, with the remainder of the work occurring in the spring of 2006. STAFF RECOMMENDATION: Staff Recommends approval of the budget and award of the contract as indicated above. 8. Russ Forrest ITEM/TOPIC: West Vail Sub-Area Plan Process. (15 min.) BACKGROUND RATIONALE: The purpose for creating a West Vail Sub-Area Plan is to provide an improved framework for decision making in the West Vail commercial area by providing direction on appropriate uses, bulk & mass, along with other development parameters. It would also help to identify other public improvements which developers should consider upon submitting proposals to the Community Development Department, such as affordable housing, retail uses, parking and traffic circulation improvements. The Town Council has in previous meetings identified a need for the West Vail area to have asub-area plan created for a well thought out redevelopment of West Vail. 9. Bill Gibson 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: Approve, approve with modifications, deny, or table the second reading of Ordinance No. 17, Series of 2004. The applicant is requesting that the Town Council table the second reading of Ordinance No. #17, Series of 2004, to October 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 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17 and October 5, 2004; January 4, May 3, June 21, and August 4, 2005, and the Town Council tabled the second reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. 17, Series of 2004, again be tabled to a future Town Council meeting. STAFF RECOMMENDATION: Table the second reading of Ordinance No. #17, Series of 2004, to October 4, 2005. 10. Judy Camp ITEM/TOPIC: Second Reading of Ordinance No. #19, Series 2005, an Ordinance making supplemental appropriations to the 2005 Budget, Supplemental Appropriation No. 2. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments, Ordinance No. #19, Series 2005, on second reading. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve Ordinance No. #19, Series 2005, on second reading. 11. George Ruther ITEM/TOPIC: Resolution No. #15, Series of 2005, a resolution expanding the boundary of the Study Area of the Lionshead Redevelopment and amending Chaoter 5. Detailed Plan Recommendations. Lionshead Redevelopment Master Plan, to include Section 5.19 Everareen Lodae at Vail, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 15, Series of 2005. BACKGROUND RATIONALE: On June 27, 2005, the Planning and Environmental Commission held a public hearing to discuss a text and map boundary amendment to the Lionshead Redevelopment Master Plan. The purpose of the amendment is to include the Evergreen Lodge in the Study Area of the Lionshead Redevelopment Master Plan. Upon discussion of the amendment, the Commission voted unanimously to table the final hearing on the proposed amendment to a future meeting date. The purpose of the tabling was to allow staff and the applicant an opportunity to address the various questions of the Commission prior to the Commission taking action on the request. The Commission specifically requested that any amendments to Chapter 5, Detailed Plan Recommendations, should make reference to the following: • Vehicular and pedestrian access • Maintenance of the existing accommodation units on the site • Impacts on Middle Creek • South Frontage Road improvements • Physical relationship to the Vail Valley Medical Center • Relationship to the proposed Vail Conference Center • Need for architectural improvements • Loading and delivery improvements • Pedestrian connection to West Meadow Drive On July 17, 2005, the Town of Vail Community Development Department requested a work session with the Vail Town Council to discuss the merits of preparing an amendment to the Lionshead Redevelopment Master Plan that would expand the boundary of the Plan to include the Evergreen Lodge. Upon discussing the possible merits of the amendment, the Commission directed staff to prepare an amendment for further Commission and Town Council consideration. On August 22, 2005, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the proposed text and boundary amendment to the Lionshead Redevelopment Master Plan to the Vail Town Council. In forwarding a recommendation of approval, the Commission expressed the need for Section 5.19.3, Preservation of Existing Accommodation Units, of the proposed amendment to place more emphasis on no net loss of accommodation unit square footage, creation of quality hotel rooms, and the maintenance of the number of existing "hot beds", rather than placing so much focus on merely maintaining the number of existing rooms. Resolution No. 15 addresses the Commissions recommendation with revisions shown in saril~~thr and bold. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 15, Series of 2005, as presented. 12. ITEM/TOPIC: Town Manager's Report. (10 min.) 13. ITEM/TOPIC: Adjournment. (9:00 p.m.) 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, SEPTEMBER 20, 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, SEPTEMBER 20, 2005 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. Kay Graybill ITEM/TOPIC: Request to Proceed: Red Sandstone Garden. (15 Bill Gibson min.) 3. Nina Timm ITEM/TOPIC: Request for fund transfer to the Eagle County Down Payment Assistance Program. 4. Matt Mire ITEM/TOPIC: Fractional Fee Ordinance. (20 min.) 5. Matt Mire ITEM/TOPIC: Resolution for Charter Amendment. (20 min.) 6. ITEM/TOPIC: Town Manager's Report. (10 min.) r Information Center Rack Rate Update. 7. ITEM/TOPIC: Adjournment. (TBD) 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, OCTOBER 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 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, OCTOBER 4, 2005 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. Stan Zemler ITEM/TOPIC: Request to authorize the Timber Ridge Proposal Jamie Fitzpatrick Review Committee to move forward with Corum Real Estate Group and request a full proposal from Corum for the redevelopment of Timber Ridge Village. (30 min.) ACTION REQUESTED OF COUNCIL: Authorize the Timber Ridge Proposal Review Committee to invite Corum Real Estate Group to submit a full proposal for the redevelopment of Timber Ridge. BACKGROUND RATIONALE: A Request for Proposals (RFP) was issued to solicit developers for the Timber Ridge site. The RFP was broken into two steps. The first step was a request for qualifications. Corum Real Estate Group submitted a complete response to the qualifications request. The Proposal Review Committee met with a representative from Corum. Based on Corum's submittal and presentation the Review Committee is recommending Council invite Corum Real Estate Group to take the next step and submit a full proposal. Jamie Fitzpatrick from Corum will be at the meeting to review with Council his team's qualifications for redeveloping Timber Ridge. 3. Lorelei Donaldson ITEM/TOPIC: 2005 Election Judge Appointments for the November 8, 2005 Regular Municipal Election. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint five regular judges to participate in the November election. BACKGROUND RATIONALE: By Colorado State Statute, each polling place must have a minimum of three judges to assist with municipal elections. We are requesting the appointments of Vi Brown, Karen Morter, Mary Jo Allen, Holly Cole and Summer Holm. RECOMMENDATION: Appoint five judges to assist with the November 8, 2005 at-the-polls Regular Municipal Election for the Town of Vail. 4. ITEM/TOPIC: Consent Agenda Re: 09.06.05 and 09.20.05 Meeting Minutes Approval. (5 min.) 5. Russ Forrest ITEM/TOPIC: West LionsHead Planning Process. (20 min.) BACKGROUND: Vail Resorts has submitted plans for a Ritz condominium project on the West Day Lot. The applicant intends to comply with the LionsHead Mixed Use I zoning on the property. In addition, Vail Resorts is pursuing approval from the U.S. Forest Service through its National Environmental Policy Act Process. The Forest Service will require the preparation of an Environmental Assessment which will consider the environmental impacts of a new lift on the West side of LionsHead. The proposed location of the West LionsHead lift would be directly adjacent and to the west of the proposed Ritz condominium project. Staff and Vail Resorts agree a planning process must now be initiated in the Town of Vail to evaluate the implications and land use issues associated with a new lift in this location. ACTION REQUESTED OF COUNCIL: On September 20th, the Town Council asked staff to develop a planning process for evaluating a new lift proposal in West LionsHead. Staff is requesting approval from the Town Council on a process for developing a plan that would consider a new lift and ski portal on the west side of LionsHead. Furthermore, staff is requesting that the Town Council appoint two of its members to join a planning team for creating an acceptable concept for West LionsHead. This planning process would also consider additional public parking and potentially transit improvements, along with other public improvements associated with the creation of a new lift. This may result in an amendment to the LionsHead Master Redevelopment Plan. 6. Bill Gibson 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: Approve, approve with modifications, deny, or table the second reading of Ordinance No. 17, Series of 2004. The applicant is requesting that the Town Council table the second reading of Ordinance No. 17, Series of 2004, to November 15, 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 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17 and October 5, 2004; January 4, May 3, June 21, August 4, and September 6, 2005, and the Town Council tabled the second reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. 17, Series of 2004, again be tabled to a future Town Council meeting. STAFF RECOMMENDATION: Table the second reading of Ordinance No. 17, Series of 2004, to November 15, 2005. 7. Judy Camp ITEM/TOPIC: First reading of the 2006 Budget Ordinance No. #22, Series 2005. (20 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments first reading of the 2006 Budget Ordinance No. #22, Series 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve or approve with amendments the first reading of the 2006 Budget Ordinance No. #22, Series 2005. 8. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. #23, Series 2005, an ordinance repealing and reenacting Title 6, Chapter 3, Article I of the Municipal Code of the Town of Vail relating to restraining order violations and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny Ordinance No. #23, 2005. BACKGROUND RATIONALE: Since the Town of Vail's adoption and codification of its restraining order legislation in 2004, several of the Colorado Revised Statutes referenced and cited in the Town Code relating to restraining orders have been repealed by the Colorado General Assembly. As such, the restraining order prohibition as set forth in the Vail Town Code prohibition has been re-written to delete the repealed statutes. STAFF RECOMMENDATION: Approve Ordinance No. #23, Series 2005, on first reading. 9. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. #24, Series 2005, an ordinance deleting Title 4, Chapter4, Articles A and B, Vail Town Code as they relate to time-share disclosure and registration requirements; amending Title 12, "Zoning Regulation," for proposed housekeeping amendments relating to the definition time-share units and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Table the first reading of Ordinance No. #24, Series 2005, to the regular meeting of the Vail Town Council on October 18, 2005. BACKGROUND RATIONALE: On September 12, 2005, the Planning and Environmental Commission considered text amendments to certain sections of Title 12, Vail Town Code, to define the term "time-share unit" and to replace the terms "timeshare estate unit," "fractional fee unit," and "timeshare license unit" with the term "time-share unit." The sole purpose of the proposed amendments to Title 12 is to remove conflicting provisions from the Town Code and to better describe similar land uses. The proposed amendments are NOT intended to alter any existing land use or development policies. Based upon the proposed amendments to Title 12, specifically the definition of "time-share unit," staff is also recommending deleting outdated sections of the Vail Town Code relating to disclosure and registration requirements of time-share projects. On September 12, 2005, the PEC unanimously recommended approval of the amendments to Title 12. However, the staff needs additional time complete Ordinance No. 24, Series 2005, which would implement the above-referenced changes. STAFF RECOMMENDATION: Table the first reading of Ordinance No. 24, Series 2005, to the regular meeting of the Vail Town Council on October 18, 2005. 10. ITEM/TOPIC: Town Manager's Report. (10 min.) r AIPP placement of lion sculpture at the Children's Garden of Learning. 11. ITEM/TOPIC: Adjournment. (8:05 p.m.) 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, OCTOBER 18, 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. TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, OCTOBER 18, 2005 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: Review and approve recommendations of the Parking Task Force for 2005-2006 season. (30 min.) ACTION REQUESTED OF COUNCIL: Review the parking recommendations of the Parking Task Force and approve parking policies for 2005 -2006. BACKGROUND RATIONALE: The Town Council established the Parking Task Force to provide direction to the Vail Town Council regarding parking operation policies for each year. The three areas in which the task force believed attention was warranted included the need to adjust the inequities of the shopper parking with the rates within the structure, address the price of the value passes to reflect the price increases from years past, and to address the increased demand of the construction workforce this season. STAFF RECOMMENDATION: The Parking Task Force recommended the following changes to the parking policies for the 2005-2006 season. All rates remain as last year with the exception of the following: 1. Provide two options for the shopper spaces ,> 0-2 hours for the $3 rate; or ,> 0-3 hours for $5 rate 2. Raise the price of the value pass which has remained constant for the last five years ,> Vail Status from $5 to $6 non peak and from $10 to $12 peak ,> Eagle County Status from $6 to $7 non peak and from $12 to $14 peak In recognition of increased demand during the week due to the construction workforce, it is recommended the town provide a construction company pass option. This pass would be allowed in LionsHead only, Monday to Thursday, when LionsHead typically has 300-400 available spaces. The pass would be restricted during the peak period of the holidays, 12.26.05 - 01.05.06. Sales of the pass would be limited to construction companies to be used by employees and sub contractors. The construction pass would be $400 for the season. 3. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 24, Series George Ruther of 2005, an ordinance deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to time share disclosure and registration requirements; amending Title 12, Zoning Regulations, to clarify the time share regulations, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 24, Series of 2005 on first reading. BACKGROUND RATIONALE: On September 12, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on the proposed amendments. Upon review of the amendments, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval of the request to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated October 18, 2005, for further details. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 24, Series of 2005. 4. Judy Camp ITEM/TOPIC: Second reading of Ordinance No. #22, Series 2005, an ordinance to adopt the 2006 Budget. (15 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments, Ordinance No. #22, Series 2005, on second reading. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve or approve with amendments, Ordinance No. #22, Series 2005, on second reading. 5. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. #23, Series 2005, an ordinance repealing and reenacting Title 6, Chapter 3, Article I of the Municipal Code of the restraining order violations and setting thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Ordinance No. #23, 2005. Town of Vail relating to forth details in regard Approve, amend or deny BACKGROUND RATIONALE: Since the Town of Vail's adoption and codification of its restraining order legislation in 2004, several of the Colorado Revised Statutes referenced and cited in the Town Code relating to restraining orders have been repealed by the Colorado General Assembly. As such, the restraining order prohibition as set forth in the Vail Town Code prohibition has been re-written to delete the repealed statutes. STAFF RECOMMENDATION: Approve Ordinance No. 23, Series 2005, on first reading. 6. ITEM/TOPIC: Resolution No. 11, Series 2005, a resolution supporting Referenda C and D, The Colorado Economic Recovery Plan. (10 min.) BACKGROUND RATIONALE: The Council is authorized, pursuant to C.R.S. § 1-45-117(1)(b)(III)(A) to pass a resolution taking a position of advocacy on a referred measure. Resolution No. 11 is such a resolution for your consideration. (10 min.) 7. ITEM/TOPIC: Resolution No. 18, Support for Referendum 1 a, the Home Rule Charter Commission. (10 min.) BACKGROUND RATIONALE: The Council is authorized, pursuant to C.R.S. § 1-45-117(1)(b)(III)(A) to pass a resolution taking a position of advocacy on a referred measure. Resolution No. 18 is such a resolution for your consideration. 8. Greg Hall ITEM/TOPIC: Resolution #19, Series 2005, a resolution authorizing the Town Manager to enter into an intergovernmental agreement with the Colorado Department of Transportation for Maintenance of I-70 Frontage Roads for 11.24 miles from milepost 172.2 to milepost 180.3. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 19, 2005. BACKGROUND RATIONALE: The Town of Vail entered into a contract with the Colorado Department of Transportation on October 24, 2000, and took over maintenance services on the Frontage Roads between MP 172.2 to MP 180.3. The contract was a five year contract and expires on October 24, 2005. Resolution #19, Series 2005, authorizes the Town Manager to enter another five year contract with the Colorado Department of Transportation at a renegotiated amount. STAFF RECOMMENDATION: Approve Resolution No. 19, Series 2005. 9. ITEM/TOPIC: Town Manager's Report. (10 min.) 10. ITEM/TOPIC: Adjournment. (8:05 p.m.) 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 1, 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. TOWN COUNCIL EVENING SESSION AGENDA 6 P.M. TUESDAY, NOVEMBER 1, 2005 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. ITEM/TOPIC: Consent Agenda. Approval of 10.04.05, 10.11.05, and 10.18.05 Evening Session Minutes. (5 min.) 3. Greg Hall ITEM/TOPIC: I-70 Noise Mitigation Study Update- Hankard Environmental Inc. (45 min) ACTION REQUESTED OF COUNCIL: Listen to the presentation and direct staff regarding the recommended next steps. BACKGROUND RATIONALE: Since April 2004, Hankard Environmental Inc. has been under contract with the Town of Vail to provide consulting services as part of a comprehensive effort to reduce the impact of traffic noise on I-70. Hankard Environmental will present the final report on the study and associated findings, specifically the results of modeling different barrier types Qersey barrier, berms, concrete walls) along the I-70 corridor, which generally showed that your typical concrete sound walls are not effective/recommended in all areas. Included in the report are recommendations for quiet asphalt, continued traffic enforcement, noise barriers and mitigation education for affected properties. In addition, staff has begun preliminary looks at the tunneling of I-70, met with Senator Allard to discuss possible discretionary funding for a pilot project using "quiet" asphalt, coordinated with Colorado Department of Transportation (CDOT) on future sand storage berm locations, and worked with private property owners to expand the sand storage berms at the Bald Mountain location. CDOT is beginning an extensive noise study to follow up on the work they have already done. CDOT has also committed to a Stone Mastic Asphalt (SMA) mix design for the future I-70 overlay through Vail. Research and testing conducted by CDOT and others have shown the SMA mix to provide a 1 to 4 dBA reduction when compared to the standard superpave mix. CDOT is also beginning an Environmental Assessment (EA) for Vail Pass. STAFF RECOMMENDATION: ,> Listen to the presentation and provide staff guidance on the future steps and direction regarding overall I-70 noise mitigation strategies. 4. Matt Mire ITEM/TOPIC: An Intergovernmental Agreement between the Vail Park and Recreation District (the "District") and the Town of Vail (the "Town") for financing of ADA remediation for buildings owned by the Town and operated the District. (5 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to sign the Agreement on behalf of the Town. BACKGROUND RATIONALE: As a result of Agreements between the 1) the Recreation District and the U.S. Justice Department; and 2) the Town of Vail and U.S. Justice Department, related to ADA compliance at Town owned and District leased facilities, the Town and the District have agreed to jointly finance the ADA remediation. This Agreement memorializes the previous understanding between the District and the Town to share equally in the total remediation cost. STAFF RECOMMENDATION: Authorize the Town Manager to execute the Joint Construction Financing Agreement. 5. Leslie Fordham ITEM/TOPIC: Art in Public Places Trash Cans. (10 min.) ACTION REQUESTED OF COUNCIL: Recommend the Public Works department purchase twenty trash cans for Vail. BACKGROUND RATIONALE: The Art in Public Places Board has developed a unique, high quality, can for Vail. The prototype can is made from 12 gauge steel, with two oversized pine cones plasma cut into the metal side panels. It is finished with a baked on powder coat and a protective clear coat of paint. The new trash receptacle is approximately the same size as the can currently made in the TOV carpenter's shop. An internal cigarette butt receptacle can be added. The Public Works department believes that a metal trashcan will not require as much maintenance as wood, which currently costs the town approximately $150 per year to repair and refinish. AIPP recommends that the Public Works department places an initial order for twenty trash cans for Vail village. 6. Matt Mire Second reading of Ordinance No. 24, Series of 2005, an ordinance George Ruther deleting Title 4, Chapter 4, Articles A and B, Vail Town Code as they relate to time share disclosure and registration requirements; amending Title 12, Zoning Regulations, Section 12-2-2, Definitions, Section 12-6H-3, Conditional Uses, High Density Multiple-family Zone District; Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, LionsHead Mixed Use 1 Zone District; Section 12- 10-10, Parking Requirements Schedules; Section 12-16-7(A)(8) Use Specific Criteria and Standards; Title 13, Subdivision Regulations, Section 13-2-2 Definitions, for proposed amendments, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 24, Series of 2005 on second reading. BACKGROUND RATIONALE: On September 12, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on the proposed amendments. Upon review of the amendments, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval of the request to the Vail Town Council. On October 18, 2005, the Vail Town Council approved Ordinance No. 24, Series of 2005, on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 24, Series of 2005. 7. Russ Forrest ITEM/TOPIC: Resolution 20, Series of 2005: Town Council Resolution Supporting Question 1 in the Vail Municipal Election on November 8, 2005. (60 min.) ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Resolution 20, Series of 2005. BACKGROUND RATIONALE: At the September 20, 2005 Town Council meeting, the Vail Town Council directed staff to prepare a resolution endorsing the approval of Question 1 in the Vail Municipal Election set for November 8, 2005 related to the Vail Conference Center. STAFF RECOMMENDATION: Approve Resolution 20, Series of 2005. 8. Warren Campbell ITEM/TOPIC: Resolution No. 21, Series of 2005, a resolution amending the Vail Village Urban Design Guide Plan to allow for changes to the Architectural/Landscaping considerations for colors, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 21, Series of 2005. BACKGROUND RATIONALE: On October 19, 2005, the Design Review Board voted 4-0-1 to forward a recommendation of approval to the Town Council and Planning and Environmental Commission to amend the Vail Villaae Urban Desian Guide Plan to allow for changes to the Architectural/Landscaping considerations for colors. 9. Stan Zemler On October 24, 2005, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval to the Town Council to amend the Vail Villaae Urban Desian Guide Plan to allow for changes to the Architectural/Landscaping considerations for colors. Resolution No. 21 addresses the Commissions recommendation with revisions shown in c4riLo4hrni inh and bold. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 21, Series of 2005, as presented. ITEM/TOPIC: Town Manager's Report. (10 min.) r Vail Valley Athlete Commission Attached please find funding approvals jointly approved by the Vail Valley Athlete Commission partners: Beaver Creek Resort Company, Town of Vail, Vail Resorts, and the Vail Valley Foundation. Recipients are as follows: Nathan Asoian $ 2,500 Clair Bidez $ 1,500 Dylan Bidez $ 1,500 Kevin Hochtl $ 750 Stacia Hookom $ 2,500 Julia Littman $ 3,000 Rachel Nelson $ 1,500 Eden Serina $ 2,500 Josh Sherman $ 1,500 Jonathan Stevens $ 750 If you would like further information, please let staff know. r Dobson Schedule and Operating Costs Attached please find the Dobson regular schedule and operating costs as supplied by the Vail Recreation District. Please advise staff if you would like further information. In regard to special event programming for the arena, in '05 the following four performances are scheduled: December 10 and 11 311 December 27 and 28 String Cheese Incident Four dates in March '06 have been placed "on hold" for special events/concerts; however, the acts have not currently been booked. VRD staff has a commitment w/Resort Entertainment to book 7 special events at the arena in '06. ,> Proposed Council Retreat To provide preparation time prior to the town-wide community meeting scheduled for Thursday, January 12, 2006, staff would like Council feedback on setting Friday, December 16th, for the Council retreat. Given the timing of the election, the subsequent "swearing in" of the newly elected Council members on November 15th, allowing for the holidays, and after having gathered input from the focus groups, staff believes this will still provide an opportunity to assemble materials and an agenda based on Council input for the upcoming community meeting. Further, a follow up for the retreat outcomes will be scheduled for Council's regular work session on Tuesday, January 3rd. 10. ITEM/TOPIC: Adjournment. (9:15 p.m.) 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 15, 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. TOWN COUNCIL EVENING SESSION AGENDA 6 P.M. TUESDAY, NOVEMBER 15, 2005 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. Bill Gibson 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: Approve, approve with modifications, deny, or table the second reading of Ordinance No. 17, Series of 2004. The applicant is requesting that the Town Council table the second reading of Ordinance No. 17, Series of 2004, to January 17, 2006. 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 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17 and October 5, 2004; January 4, May 3, June 21, August 4, September 6, and October 4, 2005, and the Town Council tabled the second reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. 17, Series of 2004, again be tabled to a future Town Council meeting. STAFF RECOMMENDATION: Table the second reading of Ordinance No. 17, Series of 2004, to January 17, 2006. 3. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2005. BACKGROUND RATIONALE: On September 26, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross residential Floor Area limitations within the Grand Traverse residential development. Upon review of the request, the Planning and Environmental Commission voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated October 18, 2005, for further details (attached). On October 18, 2005, the Town Council held a work session regarding the applicant's proposal. Staff was directed to compile additional information and the application was tabled to November 15, 2005. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 25, Series of 2005, on first reading. 4. Judy Camp ITEM/TOPIC: First Reading of Mill Levy Certification, Ordinance No. 26, Series 2005. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 26, Series 2005, on first reading. BACKGROUND RATIONALE: Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. Please note that these numbers are only an estimate. We are waiting for current information from Eagle County for accurate numbers. STAFF RECOMMENDATION: Approve Ordinance No. 26, Series 2005, on first reading. 5. ITEM/TOPIC: Town Manager's Report. (10 min.) 6. ITEM/TOPIC: Adjournment. (TBD p.m.) 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, , 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. TOWN COUNCIL EVENING SESSION AGENDA 6 P.M. TUESDAY, DECEMBER 6, 2005 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: Recognition of Diana Donovan for her years of service as a Vail Council Member. (5 min.) 2. ITEM/TOPIC: Citizen Input (10 min.) 3. ITEM/TOPIC: Approval of 11.01.05 and 12.015.05 Evening Session Minutes. (5 min.) 4. Suzanne Silverthorn ITEM/TOPIC: Consideration of Brochure Rack Fee for Visitor Information Centers by Vendors Who Do Not Otherwise Hold a Valid Town of Vail Business License. (15 min.) ACTION REQUESTED OF COUNCIL: Review the brochure rack fee proposal and give direction to staff regarding implementation, modification or dismissal. BACKGROUND RATIONALE: In October 2005, the Town Council directed staff to pursue a brochure rack fee to be used in the Visitor Information Centers to promote activities by vendors who do not otherwise hold a valid Town of Vail business license. The direction was given after the Council identified a larger need to provide equity for vendors doing business in the Town of Vail. This is because the Town of Vail business license requirement excludes businesses located outside the town from obtaining a Vail business license. To rectify this circumstance, Town Attorney Matt Mire has suggested preparing a question for the November 2006 ballot to require business licenses for all vendors who conduct business within the Town of Vail. While noting the equity issue is much larger than the business conducted through the Visitor Information Centers, Council has asked to pursue a vendor brochure rack fee to provide equity for vendors represented within the Visitor Information Centers as an interim measure. There are currently 33 vendors doing business in the Visitor Information Centers who do not have a Vail business license. The Town of Vail has the authority to implement a rack fee as an administrative action, so long as the revenues from the rack fees are used to assist in operation of the Centers. While a vendor brochure fee would, indeed, provide equity to those businesses that use the Visitor Information Centers, there is the possibility that a fee would discourage vendors from supplying their materials to the centers. This could possibly limit the variety of activities and amenities promoted by the Visitor Information Centers. In providing direction to the staff, the Town Council is asked to consider the importance of providing equity to Vail's businesses while balancing an equally important role to promote a variety of activities and amenities to Vail's guests. 5. Elizabeth Eckel ITEM/TOPIC: A request to proceed through the development review process with a proposal to reconfigure 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: Sweet Basil Restaurant is in the process of undergoing design review of an application to reconfigure the existing outdoor patio at the southeast elevation of the Gore Creek Plaza Building. The area proposed for reconfiguration consists of approximately eighty four (84) square feet and is located upon the Town's right-of-way at Gore Creek Drive. Since Sweet Basil/Gore Creek Plaza Building is proposing to alter improvements upon Town of Vail property, the Town Council, as the property owner, must grant the applicant permission to proceed through the development review processes. Should the Town Council grant permission to proceed, the applicant will submit the appropriate development review applications for Planning and Environmental Commission and Design Review Board review and consideration. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council give Sweet Basil/Gore Creek Plaza Building and their representative further direction on this matter to proceed through the design review process. 6. Lorelei Donaldson ITEM/TOPIC: Election Commission Appointments for the Town of Vail. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint two electors of the Town of Vail to the election commission of the Town of Vail, for a period of two years (November, 2005 to November, 2007). BACKGROUND RATIONALE: The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first December following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail. Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that he has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates. RECOMMENDATION: The Town Clerk is requesting the Town Council to appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail, to serve from November 2005 to November, 2007. 7. Pam Brandmeyer ITEM/TOPIC: Council Committee Appointments. (30 min.) a. Northwest Colorado Council of Governments Board: ACTION REQUESTED OF COUNCIL: Dick Cleveland has served as the Board Member on NWCCOG. In the past, Stan Zemler has been the alternate. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Northwest Colorado Council of Governments Board of Directors." The motion should be seconded and voted by the Council. The appointment of the Alternate, if needed, will be similar. VOTING MEMBER. COUNCIL DISCRETION. b. Water Quality/Quantity Committee/NWCCOG Member. ACTION REQUESTED OF COUNCIL: Chuck Ogilby has served as the Council's representative on this committee. Although in the past there has been an alternate for this position, for the past four years there has not. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Appointment Committee to Quality/Quantity Committee/ NWCCOG." The motion should be seconded and voted by the Council. The appointment of the Apprentice, if needed, will be similar. VOTING MEMBER. COUNCIL DISCRETION. c. Vail Valley Chamber & Tourism Bureau (WCTB). Council discontinued their appointment to this board approximately year ago. d. Colorado Association of Ski Towns (CAST) Member and Alternate. ACTION REQUESTED OF COUNCIL: Rod Slifer and Stan Zemler have served on CAST. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council for the Colorado Association of Ski Towns." The motion should be seconded and voted by the Council. Meetings are held every other month around the state. There is no set date or time limit. The Mayor should serve on this, along with the Town Manager. VOTING MEMBER. e. Vail Recreation District/Town Council Subcommittee Pam Brandmeyer has been attending the regular VRD meetings and acting as a liaison. f. Commission on Special Events (CSE). ACTION REQUESTED OF COUNCIL: Pam Brandmeyer has served as liaison to this committee. g. Bravo! Vail Valley Music Festival. ACTION REQUESTED OF COUNCIL: Farrow Hitt has served as Town Council representative on this board. After discussion of this a motion should be made as follows: "I move be appointed to represent the Vail Town on the Bravo! Colorado Board." The motion should be seconded and voted on by the Council. This board meets quarterly for two to three hours and a Council member is required. VOTING MEMBER. COUNCIL DISCRETION. h. Town of Vail Housing Authority. ACTION REQUESTED OF COUNCIL: Kim Ruotolo is currently serving until 2008. Meetings generally are held once a quarter within a one hour time frame. There is the potential for more time when there are special projects. VOTING MEMBER PER STATE LEGISLATION. Channel 5 Vail Valley Community Television Board. ACTION REQUESTED OF COUNCIL: Pam Brandmeyer has served as the Council's representative on this board. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Channel 5 Vail Valley Community Television Board." The motion should be seconded and voted by the Council. VOTING MEMBER. COUNCIL DISCRETION. Meetings are held the first Tuesday of every month at 8:00 a.m. Art in Public Places (AIPP) ACTION REQUESTED OF COUNCIL: Diana Donovan has served as Council's representative on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Art in Public Places board." The motion should be seconded and voted by the Council. ADVISORY MEMBER. NON-VOTING. Meetings are held the second and fourth Thursday of each month with meetings generally from 8:30 a.m. to 10:00 a.m. k. Mauri Nottingham Environmental Award. Diana Donovan has served as Council's representatives on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Mauri Nottingham Environmental Award Committee." The motion should be seconded and voted by the Council. Meetings are held annually. VOTING MEMBER. COUNCIL DISCRETION. Vail Valley Exchange/Sister Cities. ACTION REQUESTED OF COUNCIL: Kim Ruotolo has served as Town Council representatives on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Valley Exchange Committee." The motion should be seconded and voted by the Council. Meetings are held randomly throughout the year. A Council member is requested. VOTING MEMBER. COUNCIL DISCRETION. m. Eagle County Regional Transportation Authority. ACTION REQUESTED OF COUNCIL: Dick Cleveland has served as Town Council representative on this authority and Mike Rose serves as alternate. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Regional Transportation Authority." The motion should be seconded and voted by the Council. The appointment of the Alternate will be similar. VOTING MEMBER REQUIRED BY STATE LEGISLATION. n. Ford Park Management Plan ACTION REQUESTED OF COUNCIL: Diana Donovan has served as the Council's representatives on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Ford Park Management Plan Committee." The motion should be seconded and voted by the Council. Through the approved Ford Park Management Plan, quarterly meetings have been set. A Council member's presence would be welcome, but is not required. Pam Brandmeyer serves as staff representative. ADVISORY MEMBER. COUNCIL DISCRETION. It may not be necessary to have a Council designee at this time. o. Open Space/Charter Committee ACTION REQUESTED OF COUNCIL: Dick Cleveland has served as the Council's representative on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Open Space Committee." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY TOV CHARTER. p. Colorado Ski Museum and Ski Hall of Fame. Dwight Henninger has volunteered to serve if Council so chooses. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Colorado Ski Museum and Ski Hall of Fame." The motion should be seconded and voted by the Council. ADVISORY MEMBER. COUNCIL DISCRETION. q. Vail Youth Recognition/Ambassador Award. Kim Ruotolo serves as Council's representative on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Youth Recognition Award committee." The motion should be seconded and voted by the Council. This committee gets together once a year to determine the award recipients. VOTING MEMBER. COUNCIL DISCRETION. Vail Alpine Garden Foundation Board (VAGF). Diana Donovan has served as Town Council representative, with Pam Brandmeyer as an advisory member. The board meets on the third Friday of every other month. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Alpine Garden Foundation Board." The motion should be seconded and voted by the Council. ADVISORY MEMBER. COUNCIL DISCRETION. s. I-70 PEIS (Programmatic Environmental Impact Study) / I-70 Coalition /Transportation. Stan Zemler (Executive Committee) and Greg Hall (Technical Committee) currently attend these meetings. At such time that an elected official's attendance would be helpful, staff will return to Council for an appointment. Greg Moffet has been serving on the I-70 Transportation Corridor Coalition. The group meets up to once a month. t. Vail Local Marketing District Advisory Committee (VLMDAC). Greg Moffet serves on this board. One member should be appointed, and this member should be different from the Commission on Special Events (CSE). After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Local Marketing District Advisory Board." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY State Special District Legislation. u. Vail Chamber and Business Association (VCBA). Kim Ruotolo serves on this board in an advisory capacity. The board meets the second Tuesday of each month. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Chamber and Business Association Board." The motion should be seconded and voted by the Council. ADVISORY MEMBER. COUNCIL DISCRETION. v. Parking Task Force. Dick Cleveland and Farrow Hitt have served on this board. The meetings are held as needed, approximately six to eight meetings per year. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Parking Task Force." The motion should be seconded and voted by the Council. VOTING. COUNCIL DISCRETION. w. Eagle County Capital Projects Advisory Board. Rod Slifer currently serves on this board, although Dick Cleveland as Mayor Pro-Tem represented the town the last two years. Meetings are held approximately twice/year. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Eagle County Capital Projects Advisory Board." The motion should be seconded and voted by the Council. ADVISORY. COUNCIL DISCRETION. x. Vail Child Care Center. John "J P" Power has served as the Council's representative on this committee, with Kim Ruotolo serving in an advisory capacity. After discussion of this item, a motion should be made as follows: "I move that Kim Ruotolo be appointed as the representative of the Vail Town Council on the Eagle Valley Child Care Association representing the Vail Child Care Center." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY NON-PROFIT STATUS. y. Rural Resorts Region. Dick Cleveland served as Council's representative on this committee. z. Donovan Park Pavilion Committee. Diana Donovan, Chair, previously served as Council's representative. The committee meets as issues arise at the pavilion, so it would be helpful to have a fourth member from Council appointed to this subcommittee. Donovan has expressed interest in remaining as your representative. aa. Streetscape Design Committee. Diana Donovan, Kent Logan, Dick Cleveland and Rod Slifer were Council representatives on this committee. bb. Timber Ridge affordable housing Corporation (TRAHC) Timber Ridge Affordable Housing Corporation (TRAHC) in a Colorado non-profit corporation incorporated on July 9, 2003. TRAHC is governed by a Board of Directors, originally comprised of all members of the Town Council. On March 1, 2005, the Board amended TRAHC's by-laws to name a new Board comprised of the following staff: Town Manager (President); Director of Finance; Director of Community Development; Director of Public Works; and Facilities Manager. The TRAHC Board is responsible for managing the process to redevelop the property known as Timber Ridge Village Apartments and to direct the operation of the property until such time as redevelopment begins. cc. West Vail Planning Committee This effort is working on three alternative site plans, design guidelines, developmental parameters and other policy recommendations. These will be presented to Council on December 6th w/a request to present to the community in a variety of different public meetings over the holidays. Following this public input, the town would seek final direction on the plan and pursue formal adoption of the plan in February '06. Kim Ruotolo and Kent Logan have served on this committee. dd. Visitor Center Sub-Committee Although a new contract began w/the operator October 1, the subcommittee will remain a standing committee to conduct a six month performance review in March 2006 and to deal w/any issues as they arise. Kim Ruotolo, Farrow Hitt, Stan Zemler, Suzanne Silverthorn, and Krista Miller have served on this committee. ee. Timber Ridge Redevelopment Subcommittee Timber Ridge Committee: This committee will include two Council Members, two Housing Authority Members, and the TRAHC Board. To date the have issued an RFP for developers and have selected Corum as the Developer for the site. The next step includes working on a preliminary development agreement with the developer and developing a master plan for the site that could lead to recommendations on zoning for the property. ff. West LionsHead Village Sub-committee West LionsHead Subcommittee included Farrow Hitt and Dick Cleveland. This committee will provide oversight on the West LionsHead planning process. 8. Matt Mire ITEM/TOPIC: IGA with Eagle County to provide animal control services. (5 min.) ACTION REQUESTED OF COUNCIL: Approve the attached IGA and authorize the Town Manager to execute the Agreement on behalf of the Town. BACKGROUND RATIONALE: This is the annual renewal of the agreement with the County to provide animal control services to the Town. It has not changed since 2005. STAFF RECOMMENDATION: Approve the IGA and authorize the Town Manager to execute it. 9. Warren Campbell 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 change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On November 2, 2005, the Design Review Board denied a request for a change to approved plans pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road. The appellants, Donald and Ronne Hess, owners of 1220 Ptarmigan Road, have appealed the Design Review Board's denial. Please refer to the staff memorandum dated December 6, 2005, 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 architectural alterations to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, subject to the findings in the staff memorandum dated December 6, 2005. 10. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. 25, Series of 2005, an ordinance repealing and reenacting Ordinance 9, Series of 1998 amending Special Development District No. 22, Grand Traverse, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2005. BACKGROUND RATIONALE: On September 26, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross residential Floor Area limitations within the Grand Traverse residential development. Upon review of the request, the Planning and Environmental Commission voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated December 6, 2005, for further details (attached). On November 15, 2005, the Town Council tabled the first reading of Ordinance 25, Series of 2005, to December 6, 2005. 11. Matt Mire ITEM/TOPIC: First reading of Ordinance 27, Series of 2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public accommodation tax; providing amendments to the Town's sales tax code; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendment the first reading of Ordinance 27, Series of 2005 BACKGROUND RATIONALE: At the Town of Vail regular municipal election held on November 8, 2005, the voters did not approve Question 1, resulting in termination, effective January 1, 2006, of collection of the sales and lodging tax increases implemented pursuant to 2002 Question 2D. A future action of the Council will be required to determine a refund methodology of the remaining funds or a question may be submitted to the voters on how such revenues shall be used. STAFF RECOMMENDATION: Approve Ordinance 27, Series of 2005 on first reading. 12. Judy Camp ITEM/TOPIC: Ordinance No. 28, Series of 2005. AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, HEALTH INSURANCE FUND, AND DISPATCH SERVICES FUND OF THE 2005 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. (10 MIN.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 28, Series of 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends that the Town Council approves Ordinance No. 28, Series 2005, upon first reading this evening. 13. George Ruther ITEM/TOPIC: First reading of Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, Special Development District No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block 1, Vail LionsHead 2nd Filing, from High- Density Multiple Family (HDMF) district to LionsHead Mixed Use - 1 (LMU-1) district, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 30, Series of 2005 on first reading. BACKGROUND RATIONALE: On September 6, 2005, the Vail Town Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan, and setting forth details in regard thereto. However, in approving Resolution No. 15, the Town Council placed a condition upon the approval stating that the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 30, Series of 2005, on first reading. 14. Judy Camp ITEM/TOPIC: First Reading of Ordinance No. 31, Series 2005. ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, CONFERENCE CENTER FUND FOR THE FISCAL YEAR JANUARY 1, 2006 THROUGH DECEMBER 31, 2006. (15 min.) ACTION REQUESTED OF COUNCIL: Approve on first reading the 2006 Conference Center Budget Ordinance No. 31, Series 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve on first reading the 2006 Conference Center Budget Ordinance No. 31, Series 2005. 15. Gina Bentz ITEM/TOPIC: Second Reading of Mill Levy Certification, Ordinance No. 26, Series 2005. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 26, Series 2005, on first reading. BACKGROUND RATIONALE: Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. Please note that these numbers are only an estimate. We are waiting for current information from Eagle County for accurate numbers. STAFF RECOMMENDATION: Approve Ordinance No. 26, Series 2005, on first reading. 12. ITEM/TOPIC: Resolution No. 22, Series of 2005. Opposition to proposed mining exploration legislation ,OPPOSITION TOHOUSE BILL 4241. (10 min.) 16. ITEM/TOPIC: Town Manager's Report. (10 min.) r '05 Fly Vail Summer Funding Results. Included in your packet is the detail supporting the final summary of service provided by the jointly funded '05 Fly Summer Vail airline program (list of partners included). As noted in the summary, there was an overall shortfall for both airlines of $211,282. The Town of Vail had pledged up to $10,000 for'05, of which the town's proportionate share of the shortfall will be $3,631.53. This is the first year in the life of the program partners other than Eagle County have needed to contribute actual dollars. In addition to the $3,600, Council also contributed a $1,000 administrative fee. In '06 through Council contributions, you have agreed to contribute $1,200 as an administrative fee, and additionally, have pledged up to $10,000 to support any shortfall. The Regional Air Council feels the program was a success. r Visitor Information Centers Update. r Bicycle Event Support. 17. ITEM/TOPIC: Adjournment. (9:45 p.m.) 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, DECEMBER 20, 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. TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, DECEMBER 20, 2005 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. Paul Smith ITEM/TOPIC: Citizen Recognition. (5 min.) In June of 2005, 8-year-old Hunter Fahrmeyer called 911 in Eagle County for his mother who was suffering from an allergic reaction to medication. Hunter's quick thinking and his ability to calmly and accurately present the requested information to the 911 Dispatcher help to save his mom's life. At this awards presentation, the President of the Colorado National Emergency Numbers Association (NENA) and Paul Smith from the Vail Public Safety Communications Center will present Hunter Fahrmeyer with a 911 Hero's Award. 2. Chip Domke ITEM/TOPIC: Vail Valley Exchange Award Recipients and Scott O'Connell Visiting Exchange Member Introduction. (5 min.) Bianca Gordon, Vail Mountain School Kelsey Ferguson, Vail Mountain School Damien Jewell, Benalla, Victoria Australia Brodie Galbraith, Mansfield, Victoria Australia 3. ITEM/TOPIC: Citizen Participation. (10 min.) 4. Lorelei Donaldson ITEM/TOPIC: Appointments to the Commission on Special Events (CSE), Local Licensing Authority (LLA) and Vail Local Marketing District Advisory Council (VLMDAC) boards. (10 min.) ACTION REQUESTED OF COUNCIL: 1) Please interview the Local Licensing Authority (LLA) applicants to fill the vacancy left by Kevin Foley (term expires May 31, 2007) at the work session and appoint one person to the LLA board at the evening meeting. 2) Please interview the Commission on Special Events (CSE) applicants at the work session and appoint four applicants to the CSE (terms expire December 31, 2007) at the evening meeting; and 3) Please interview the Vail Local Marketing Board Advisory Council (VLMDAC) applicants at the work session and appoint four applicants to the VLMDAC (terms expire December 31, 2007) at the evening meeting. BACKGROUND RATIONALE: LLA: All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. There is currently one vacancy on the LLA due to Kevin Foley being elected to Town Council. The town received three (3) applications for the vacancy. The Council needs to interview the applicants at the work session and then make the appointment to the LLA at the evening meeting. The applicants are: Mike Arnett (Mike called and stated he will be out of town on December 20, 2005.) Dick Cleveland Danny Padnick (Applied for CSE, as well) CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shall support the Town Council's goals and objectives and makes decisions in alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. There are currently four vacancies on the CSE. The Town received eleven (11) applications for the vacancies. Two applicants are incumbent members of the CSE (noted by asterisks below). The Council shall interview each applicant at the work session and then appoint four applicants to the CSE at the evening meeting. The applicants are as follows: Robert H. Aikens (Applied for VLMDAC, as well) Stephen Connolly* Todd Gerhke* Mike Griffin Clint Huber Joe Joyce Steven E. Kaufman (Applied for VLMDAC, as well) Barbara May Danny Padnick Bryant Roth Scott Stoughton I have enclosed an attendance summary for the CSE for your review. VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal property" will be considered for appointment. The Town received fourteen (14) applications for the vacancies. Three 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 four applicants to the Vail Local Marketing District Advisory Council at the evening meeting. The applicants are as follows: Robert H. Aikens Dale Bugby Mark Cervantes (representing Vanquish Vail Enterprises) John Dawsey (representing Diamond Rock Hospitality, Inc./Marriott Mountain Resort & Spa) Jordan Denning Kenneth Friedman* Andrew A. Karow* Steven E. Kaufman Diane Parks Richard C. Puetzer Chris Romer Paul Rondeau Steve Rosenthal* Richard tenBraak I have also enclosed an attendance summary for the VLMDAC for your review. RECOMMENDATION: Appoint one person to the LLA, appoint four persons to the CSE and four persons to the VLMDAC. 5. Todd Oppenheimer ITEM/TOPIC: Seibert Circle design update. (10 min.) Please refer to the attached memorandum for additional narrative. ACTION REQUESTED OF COUNCIL: Review the current design for the Seibert Circle streetscape feature as presented by Wenk Associates and take action to approve or deny the design, or direct staff to hire an additional design team member (WET Design) to enhance the design for resubmittal and evaluation by the Council. BACKGROUND RATIONALE: At the April 5, 2005, meeting, the Town Council approved a recommendation by the streetscape Design Committee to develop a new design concept for Seibert Circle. The budget for the complete redesign and reconstruction of Seibert Circle was set at $1,134,000. Subsequent to that approval, the Moroles sculptures were removed to storage and infrastructure and paving improvements were completed during this past fall's construction period. The project is currently on track with approximately $350,000 of the allocated funds available for construction of the central feature. Further enhancement of the feature design may add up to $75,000 to the cost of construction. Several design concepts have been created by the project design team and reviewed by the Seibert Circle Design Committee before it was disbanded following the November election. The final direction by the Council streetscape Committee was to move forward with a more natural design concept. The natural design concept was to be a streetscape feature rather than an art feature. The design concept was presented to and commented on by the committee. The purpose of this presentation is to allow the Council an opportunity to see the current design and respond to the design team with comments, questions, and formal direction. Ron Riley, owner of the commercial space within the Bridge Street Lodge, has contacted WET Design and brought them to Vail, at his expense, to review the site and discuss the project. WET Design, based in Los Angeles, California, is aworld-renown water feature design firm. Their list of projects includes the cauldron for the Salt Lake 2002 Winter Olympics and the Fountains of Bellagio in Las Vegas, Nevada. Staff strongly feels that the current design satisfies the goals of the project. However, if the Council does not agree and wants the Seibert feature to create even more of an impact, Wenk Associates and WET Design have submitted a joint proposal to the town to collaborate in the design of the Seibert feature. The collaborative effort will add $35,000 to the cost of the conceptual design and will provide at least three alternative designs with estimated construction costs for each. The Council would have an opportunity to review, discuss, and select among the alternatives. STAFF RECOMMENDATION: Approve the current design concept for the Seibert Circle Streetscape Feature as presented by Wenk Associates and direct the design team to finalize the design, proceed through the DRB process and prepare for construction to begin in April 2006. 6. Matt Mire ITEM/TOPIC: Assignment of Option by the Metropolitan Council of St. Paul/Minneapolis Minnesota to Purchase one 40' Low Floor Hybrid Diesel-Electric Transit Bus for the In-town Shuttle from its Contract with Gillig Corporation. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, Authorize the Town Manager to execute IGA, and award the subject bid. BACKGROUND RATIONALE: The town has been researching options to replace the in-town shuttle buses with a quieter, cleaner burning more fuel efficient bus. Several demonstrations of different hybrid technologies and buses have been performed in Vail and staff has attended hybrid bus demonstrations at other sites to determine the type of technology and bus that would meet our requirements for noise, emissions and serviceability. Staff believes that the Gillig low-floor hybrid bus will provide an in-town shuttle service that will improve the experience for our residents and guests by reducing noise and emissions and reducing our fuel consumption. These are the same buses that the National Park Service purchased to operate in Yosemite National Park in California to achieve the same results that Vail is trying to achieve. This is the first bus of ten to be replaced on the in-town shuttle and is included in the 2005 capital budget. STAFF RECOMMENDATION: Approve and authorize the Town Manager to execute the IGA, and award the subject bid. 7. Matt Mire ITEM/TOPIC: Notice Under the Americans with Disabilities Act. (10 min.) ACTION REQUESTED OF COUNCIL: Adopt or adopt with amendments the Notice Under the Americans with Disabilities Act BACKGROUND RATIONALE: The US Department of Justice audited the Town of Vail for compliance with Title II of the Americans with Disabilities Act (ADA) as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August, 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the attached Notice, publish the Notice, and post it on the home page of the Town's website. STAFF RECOMMENDATION: Adopt the Notice Under the Americans with Disabilities Act. 8. George Ruther ITEM/TOPIC: An appeal of the Town of Vail Planning & Environmental Commission's denial of a variance application, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck within the front setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Commission's denial of the variance application, pursuant to Chapter 12-17, Variances, Vail Town Code. BACKGROUND RATIONALE: On November 28, 2005, the Planning & Environmental Commission denied a request for a variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck within the front setback, located at 1835 West Gore Creek Drive/Lot 20, Vail Village West Filing 2, and setting forth details in regard thereto. The appellants, Kevin Roley and Kate Skaggs, owners of 1835 West Gore Creek Drive have appealed the Commission's denial. Please refer to the staff memorandum dated December 20, 2005, for additional information. STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Commission's denial, subject to the criteria and findings in the memorandum to the Planning & Environmental Commission, dated November 28, 2005. 9. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. 20, Series of 2005, an ordinance repealing and reenacting Ordinance No. 9, Series of 2003, providing for the major amendment of Special Development District No. 36, Four Season Resort, and amending the approved development plan for Special Development District No. 36, in accordance with Chapter 12-9A, Vail Town Code; and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 20, Series of 2005, upon first reading. BACKGROUND RATIONALE: On July 10, 2001, the Vail Town Council approved Ordinance No 14, Series of 2001. Ordinance No. 14, Series of 2001, adopted a development plan for the establishment of Special Development District No. 36, Vail Plaza Hotel West, on the Chateau at Vail site. Ordinance No. 14, Series of 2001, approved a development plan for the special development district which included 15 dwelling units, 116 accommodation units, 40 fractional fee club units, and 14 Type III employee housing units. The approved deviations from development standards of the underlying zoning included an increase from both the maximum allowable height and maximum allowable site coverage standards. On October 7, 2003, the Vail Town Council approved Ordinances No. 9 and No. 10, Series of 2003. Ordinances No. 9 and 10 adopted an amended development plan for Special Development District No. 36, Four Seasons Resort and rezoned a portion of the development site to the Public Accommodation zone district. The amended development plan allows for the construction of a mixed use hotel development to include 18 dwelling units, 118 accommodation units, 22 fractional fee club units, and 34 Type III employee housing units. On August 8, 2005, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council of a major amendment to the Approved Development Plan for Special Development District No. 36, Four Seasons Resort. The major amendment consists of the following modifications: the total number of proposed Dwelling Units is reduced from eighteen (18) to sixteen (16); the total number of proposed Accommodation Units increases from one hundred eighteen (118) to one hundred twenty-two (122); the total number of proposed Fractional Fee Club Units is decreased from twenty-two (22) to nineteen (19); and the total number of Type III Employee Housing Units decreases from thirty-four (34) to twenty-eight (28). On November 28, 2005 the Planning and Environmental Commission upheld staff's approval of a request for a minor amendment to Special Development District No. 36, Four Seasons Resort, to allow the applicant to shift the building footprint one foot (1') back from its approved location. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 20, Series of 2005, on first reading. 10. Rachel Friede ITEM/TOPIC: First Reading of Ordinance 29, Series of 2005, an ordinance amending Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; and Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code (Housekeeping Ordinance). (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 29, Series of 2005 on first reading. BACKGROUND: Through the review process of various zoning applications, problems arise with specific code sections that are not clear to either applicants or staff. This often occurs with zoning code amendments, changes in procedures, or errors in codification. Therefore, staff periodically returns to the Planning and Environmental Commission and to the Town Council to "clean-up" the Sign, Zoning and Subdivision Regulations as well as the Development Standards Handbook. On October 24, 2005, PEC forwarded a recommendation of approval to the Town Council regarding the proposed amendments. A worksession for Town Council was held on December 6, 2005, where a report outlining the details of the proposed text amendments was distributed. Council members asked questions regarding the proposed text amendments and no changes were made. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 29, Series of 2005, on first reading. 11. Bill Carlson ITEM/TOPIC: First reading of Ordinance No. 32, Series of 2005, an ordinance amending 5-3-2, Public Health and Safety, Vail Town Code, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 32, Series of 2005. BACKGROUND RATIONALE: Section 5-3-2 of Chapter 5, Public Health and Safety, Vail Town Code, defines a solid fuel burning device as follows: SOLID FUEL BURNING DEVICE: Any fireplace, stove, firebox or device intended and or use for the purpose of burning wood, pulp, paper, or other non-liquid or nongaseous fuel. The applicants propose to add the following language to this definition (added language is shown in bold type): Solid fuel burning device does not include cook stoves in licensed commercial eating and drinking establishments in the Town of Vail. Staff is in favor of the proposed text amendment based upon the intent of the subject regulation and the proposal not having a negative impact upon the purpose and intent of Section 5-3-2, Vail Town Code. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 32, Series of 2005, on first reading. 12. Matt Gennett ITEM/TOPIC: First reading of Ordinance No. 33, Series of 2005, an ordinance repealing and re-enacting Ordinance No. 12, Series of 2006, Cascade Village, amending and reestablishing the approved development plan for Area A of SDD No. 4, in accordance with section 12-9A-10, Vail Town Code, to allow for the construction of eleven new dwelling units; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 33, Series of 2005, upon first reading. BACKGROUND RATIONALE: On November 14, 2005, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council of a major amendment to the Approved Development Plan for Special Development District No. 4, Area A, Cascade Village. The requested amendment amends the total number of allowed dwelling units in Area A, Special Development District No. 4, from ninety-four (94) dwelling units to ninety-eight (98). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 33, Series of 2005, on first reading. 13. Warren Campbell ITEM/TOPIC: Second Reading of ORDINANCE NO. 25, SERIES OF 2005, AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 9, SERIES OF 1998, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, THAT CONCERN THE ELIMINATION OF GROSS RESIDENTIAL FLOOR AREA (GRFA) WITHIN THE DISTRICT AND THE NUMBER OF LOTS; AND SETTING FORTH DETAILS IN REGARD THERETO. (5 min) ACTION REQUESTED OF COUNCIL: Due to a publication error, staff requests Council table the item until January 3, 2005. BACKGROUND RATIONALE: On September 26, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Special Development District No. 22, Grand Traverse. The purpose of the amendment to the Special Development District is to eliminate the Gross residential Floor Area limitations within the Grand Traverse residential development. Upon review of the request, the Planning and Environmental Commission voted 4-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 22, Grand traverse, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council dated December 20, 2005, for further details (attached). On December 6, 2005, the Town Council approved the first reading of Ordinance 25, Series of 2005, by a vote of 5-2-0 (Hitt and Foley opposed). STAFF RECOMMENDATION: Due to a publication error, staff requests Council table the item until January 3, 2005. 14. Matt Mire ITEM/TOPIC: Second reading of Ordinance 27, Series of 2005 an ordinance repealing Ordinance No. 32, series of 2002 and rescinding a public accommodation tax; providing amendments to the Town's sales tax code; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendment the second reading of Ordinance 27, Series of 2005 BACKGROUND RATIONALE: At the Town of Vail regular municipal election held on November 8, 2005, the voters did not approve Question 1, resulting in termination, effective January 1, 2006, of collection of the sales and lodging tax increases implemented pursuant to 2002 Question 2D. A future action of the Council will be required to determine a refund methodology of the remaining funds or a question may be submitted to the voters on how such revenues shall be used. STAFF RECOMMENDATION: Approve Ordinance 27, Series of 2005 on second reading. 15. Judy Camp ITEM/TOPIC: Second Reading of AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, HEALTH INSURANCE FUND, AND DISPATCH SERVICES FUND OF THE 2005 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. (5 min.) ACTION REQUESTED OF COUNCIL: Ask any questions or give any comments regarding the 3~d supplemental of 2005, Ordinance No. 28, Series of 2005, an ordinance making supplemental appropriations to the Town of Vail 2005 budget. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 28, Series 2005 on second reading. 16. George Ruther ITEM/TOPIC: Resolution No. 23, Series of 2005, a resolution repealing and re-enacting Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the Master Plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 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. 23, Series of 2005. BACKGROUND RATIONALE: On December 6, 2005, the Community Development Department presented an application to the Vail Town Council to amend the Official Zoning Map of the Town of Vail to rezone the Evergreen Lodge (Lot 2, Block 1, Vail LionsHead Filing No. 2) from Special Development District #14 to LionsHead Mixed Use -1 District, and setting forth details in regards thereto. Following discussion on the application, the Town Council voted 7-0-0 to approve the amending ordinance (Ordinance No. 30, Series of 2005) on first reading and directed staff to prepare a resolution amending Resolution No. 15, Series of 2005 to include more detailed plan recommendations. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 23, Series of 2005, as presented. 17. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 30, Series of 2005, an ordinance repealing Ordinance No. 1, Series of 1990, Special Development District No. 14, Doubletree Hotel (aka Evergreen Lodge) and amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 2, Block 1, Vail LionsHead 2nd Filing, from High- Density Multiple Family (HDMF) district to LionsHead Mixed Use - 1 (LMU-1) district, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 30, Series of 2005 on first reading. BACKGROUND RATIONALE: On September 6, 2005, the Vail Town Council approved Resolution No. 15, Series of 2005, a resolution amending certain sections of the LionsHead Redevelopment Master Plan expanding the boundaries of the master plan to include the Evergreen Lodge development site and adding detailed plan recommendations for future development on the Evergreen Lodge development site, as prescribed in Chapter 5 of the LionsHead Redevelopment Master Plan, and setting forth details in regard thereto. However, in approving Resolution No. 15, the Town Council placed a condition upon the approval stating that the resolution shall only become effective upon the approval of an amending ordinance rezoning the Evergreen Lodge development site to LionsHead Mixed Use-1 (LMU-1) district. On November 14, 2005, the Town of Vail Planning and Environmental Commission held a public hearing on the request to rezone the Evergreen Lodge development. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. On December 6, 2005, the Vail Town Council approved Ordinance No. 30, Series of 2005, on first reading. In doing so, however, the Town Council directed staff to prepare a resolution amending Resolution No. 15 to further clarify the Town's development objectives for the site. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 30, Series of 2005, on first reading. 18. Judy Camp ITEM/TOPIC: Ordinance No. 31, Series 2005, ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, CONFERENCE CENTER FUND FOR THE FISCAL YEAR JANUARY 1, 2006 THROUGH DECEMBER 31, 2006. (5 min.) ACTION REQUESTED OF COUNCIL: Approve on second reading the 2006 Conference Center Budget Ordinance No. 31, Series 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve on second reading the 2006 Conference Center Budget Ordinance No. 31, Series 2005. 19. ITEM/TOPIC: Town Manager's Report. (10 min.) 20. ITEM/TOPIC: Adjournment. (9:55 p.m.) 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 JANUARY 3, 2006, 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.