HomeMy WebLinkAbout2006 Town Council Agendas Evening SessionTOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, JANUARY 3, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
A.) 12.06.05 & 12.20.05 Minutes Approval.
B.) Law Enforcement Assistance Fund (LEAF) Grant.
The Police Department has received a grant from the Colorado
Department of Transportation for increased Driving Under the
Influence (DUI) enforcement during calendar year 2006, under the
LEAF Program. This $12,000 grant will fund overtime for police
personnel to conduct DUI patrol and appear in court for related
cases.
C.) Annual appointment of newspaper of record for Town of Vail
publications and notices for 2006.
Appoint The Vail Daily as the newspaper of record for 2006 for the
Town of Vail publications and notices.
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.
D.) Resolution No. 1, Series of 2006, 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.
Pursuant to Section 24-6-402(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.
3. Russ Forrest 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. (5 min.)
ACTION REQUESTED OF COUNCIL: The Town Council is being
requested to table this appeal to the January 17, 2006, Council
hearing.
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. On December
20, 2005, the Town Council tabled the Hess Residence appeal to
January 3, 2006.
STAFF RECOMMENDATION: Staff recommends that the Town
Council tables the Hess Residence appeal until January 17, 2006,
per the appellant's request.
4. Bill Carlson ITEM/TOPIC: A request from the Eagle Valley Alliance for
Sustainability fora $15,000 donation and review of supporting
documentation regarding the county wide recycling program. (5
min.)
ACTION REQUESTED OF COUNCIL: Approve funding with
conditions or deny the request.
BACKGROUND RATIONALE: The Eagle Valley Alliance for
Sustainability has proposed to take over and operate the Eagle
County recycling program. See the attached summary Alliance
Recycles -The Nutshell.
STAFF RECOMMENDATION: The Community Development
Department recommends the Vail Town Council approve the
funding request. In the '06 budget, $15,000 was earmarked for
recycling under Council Contributions.
5. Dwight Henninger ITEM/TOPIC: Emergency Preparedness Update. (30 min.)
Staff will present an update on the Town's state of emergency
preparedness and critical incident management, along with goals
for 2006. No action requested from Council.
6. Matt Gennett ITEM/TOPIC: Second 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. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 20, Series of 2005, upon
second 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 second reading.
7. 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. (10 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 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: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 25, Series of 2005, on second reading.
8. Rachel Friede ITEM/TOPIC: Second 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). (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 29, Series of 2005 on
second reading.
BACKGROUND: A work session 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. On December 20, 2005, Town Council
approved Ordinance 29, Series of 2005 on first reading, with a
vote of 7-0-0. Since the first reading, additional text amendments
were included to allow Type IV Employee Housing Units as a
permitted use in the HR, SFR, R, PS, RC, LDMF, MDMF, HDMF,
PA, CC1, LMU-1 and LMU-2 Districts. These additions will be
addressed by staff in the presentation.
STAFF RECOMMENDATION: The Department of Community
Development recommends that the Vail Town Council approve
Ordinance No. 29, Series of 2005, on second reading.
9. Bill Carlson ITEM/TOPIC: Second reading of Ordinance No. 32, Series of
Russ Forrest 2005, an ordinance amending 5-3-2, Public Health and Safety,
Vail Town Code, and setting forth details in regard thereto. (5
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.
10. Matt Gennett ITEM/TOPIC: Second 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. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
conditions, or deny Ordinance No. 33, Series of 2005, upon
second 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 second reading.
11. ITEM/TOPIC: Town Manager's Report. (30 min.)
Work Session Take-Aways
Vail Community Plan
12. ITEM/TOPIC: Adjournment. (7:50 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 17, 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.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, JANUARY 17, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Update from County Commissioner Arn Menconi.
(Smoking ban in public places/ Experts will be available to answer
Council questions). (20 min.)
3. 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 January 17, 2006, for additional information. On January 3,
2006, the Town Council tabled the Hess Residence appeal to
January 17, 2006.
STAFF RECOMMENDATION: Staff recommends that the Town
Council overturn with modifications the Design Review Board
denial of the Hess Residence design review application and
accept the modified design submitted by the appellant.
4. Russ Forrest ITEM/TOPIC: Community Plan. Staff has met with Kent Logan
and Mark Gordon (council representatives) to develop the scope
of work and schedule outlines in this memorandum. Staff and the
Council representatives believe two resources are needed: a
highly qualified facilitator and a resource to assist with the
graphics and writing the Community Plan. An RFP can be issued
rapidly for these services. However, staff and the council
representatives believe we can rapidly solicit several proposals
and interview several high quality facilitators and find a resource
to assist with the actual written plan. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve or modify the
recommended process for moving forward with the Vail
Community Plan.
5. Greg Hall ITEM/TOPIC: Discussion of First reading of Ordinance No. 1,
Matt Mire Series of 2006 - an Ordinance vacating a certain part of the
system of Public Ways of the Town of Vail, Colorado, i.e., a parcel
of land located within chute road right-of-way, Lot P-3, Vail Village
Fifth Filing, Town of Vail, County of Eagle, State of Colorado as
recorded March 17, 2004, at Reception Number 871030 at the
Eagle County Clerk and Recorder, and setting forth details in
regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL Approve, approve with
modifications or deny on first reading of Ordinance No. 1, Series
of 2006.
BACKGROUND RATIONALE: The Town of Vail received this
portion of right of way with the creation of the founders garage plat
from Vail Resorts. The western portion was then to be deeded to
the Mill Creek condominium association. The streetscape design
for the Mill creek Court property has been completed and the cost
sharing agreement is completed. It is now known how much of the
western portion of the property can be vacated.
STAFF RECOMMENDATION: Approve on first reading
Ordinance No. 1, Series of 2006.
6. George Ruther ITEM/TOPIC: First reading of Ordinance No. 2, Series of 2006, an
ordinance amending Chapter 4, Districts Established, Section 12-
4-1, Designated, Vail Town Code, to allow for the establishment of
the Public Accommodation - 2 (PA-2) district, and setting forth
details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 2, Series of 2006 on first
reading.
BACKGROUND RATIONALE: On January 9, 2006, the Town of
Vail PEC voted 6-0-0 (Gunion absent) to forward a
recommendation of approval for a proposed text amendment to
the Vail Town Code.
A copy of the staff memorandum to the PEC, dated January 9,
2006, has been attached for reference.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 2, Series of 2006, on first reading.
7. George Ruther ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2006, an
ordinance amending the official zoning map for the Town of Vail in
accordance with Title 12, Zoning Regulations, Chapter 5, Zoning
Map; Rezoning Lots 9-12, Buffher Creek Resubdivision, from Public
Accommodation (PA) district to Public Accommodation-2 (PA-2)
district, and setting forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, Approve with
modifications, or Deny Ordinance No. 3, Series of 2006 on first
reading.
BACKGROUND RATIONALE: On January 9, 2006, the Town of
Vail Planning and Environmental Commission held a public
hearing on the request to amend the Official Zoning Map of the
Town of Vail. 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. 3, Series of 2006, on first
reading.
8. ITEM/TOPIC: Town Manager's Report. (10 min.)
~:~ TOV Web Site "Hits"
BACKGROUND: During the Jan. 3 Vail Town Council meeting, a
discussion took place regarding Resolution No. 1, Designating a
Public Place for Posting Notices of Public Meetings, in which a
question was raised regarding the adequacy of distribution. In
addition to the legal posting requirement in the Vail Municipal
Building, town council agendas are:
• Published on Mondays in the Vail Daily in the "Weekly News" ad,
• Emailed to 112 "Vail-Mail" subscribers, and
• Posted to the Town of Vail web site.
Council members also inquired about use of the town's web site
as an overall information outlet, which is described below.
OVERVIEW OF TOWN WEB SITE USAGE: The goal of
www.vailgov.com is to provide an up-to-date and user-friendly
source for Vail's constituents to access town information. The Vail
Town Council section of the web site is accessible via the home
page, and contains links to agendas, minutes and highlights, as
well as council member biographies and contact information. In
2005, 2,741 visitors accessed the Town Council main page. Of
those, 1,649 went on to access the "Highlights and Agendas"
page.
~:~ Tuesday, July 4, 2006, is a regular Council public meeting -
discuss options (no meeting; special meeting is set for select
types of business, etc.).
9. ITEM/TOPIC: Adjournment. (7:50 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 FEBRUARY 7, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, FEBRUARY 7, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Kim Ruotolo ITEM/TOPIC: Introduction of Mt. Buller guests. (10 min.)
3. ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 01.03.06 & 01.17.06 Minutes
b. Sculpture for Bighorn Park.
ACTION REQUESTED OF COUNCIL: Vote to approve AIPP
expenditure for the "Community Stone" sculpture.
BACKGROUND RATIONALE: The Art in Public Places board
voted unanimously to appropriate up to $35,000 for the purchase
of a sculpture for Bighorn Park by environmental artist Patrick
Marold. The "Community Stone" sculpture will be a 6 foot high
glacial boulder, from a local source, bearing the handprints of Vail
residents. The exact location within the park will be determined by
TOV project managers in collaboration with AIPP and the artist.
4. Bill Gibson ITEM/TOPIC: An appeal of the Town of Vail Design Review
Board's approval of a separation request application pursuant to
Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail
Design Review Board's approval of a separation request
application, pursuant to Chapter 14-10, Design Review Standards
and Guidelines, Vail Town Code, to allow for the physical
separation of a primary and secondary residence, located at 95
Forest Road/Lot 32, Block 7, Vail Village Filing 1, and setting forth
details in regard thereto. (45 min.)
ACTION REQUESTED OF COUNCIL: Uphold, overturn, or
modify the Design Review Board's approval of a separation
request application pursuant to Section 12-3-3, Appeals, Vail
Town Code.
BACKGROUND RATIONALE: On December 21, 2005, the
Design Review Board approved a separation request application,
pursuant to Chapter 14-10, Design Review Standards and
Guidelines, Vail Town Code, to allow for the physical separation of
a primary and secondary residence, located at 95 Forest Road/Lot
32, Block 7, Vail Village Filing 1, and setting forth details in regard
thereto.
The Vail Town Council "called-up" this Design Review Board
action. Additionally, H.R. and Margaret B. Perot, Susan R.
Frampton, and Forest International, LLC have also filed an appeal
of this Design Review Board action. Please refer to the staff
memorandum dated February 7, 2006, for additional information.
5. Greg Hall ITEM/TOPIC: Review and approve the recommendations for
minor modifications of the Parking Task Force for the remainder of
the 2005-2006 season. (15 min.)
ACTION REQUESTED OF COUNCIL: Review the
recommendations of the Parking Task Force and approve the
changes to the parking program for the remainder of the 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 task force
meets annually after the Martin Luther King holiday to evaluate the
results of the operational changes implemented, review trends
and see if any significant changes need to be addressed and to
recommend tweaks to the operating policies if needed.
The three areas focused on were the number of shopper parking
spaces, the lack of the number of value pass spaces and
oversized vehicles in the village value lot.
STAFF RECOMMENDATION: The Parking Task Force
recommended the following changes to the parking policies for the
remainder of the 2005-2006 season.
a. The number of shopper spaces be reduced in the Village from
60 to 40 and the number of shopper spaces in LionsHead be
reduced from 30 to 20. The pricing structure implemented for
the shopper parking created greater turnover of the spaces
and decreased the number of spaces required to meet the
demand.
b. That vehicles over 19'-0 be restricted from the village value lot.
The value lot was designed with less than adequate
dimensions when it was built in 1990. Limiting the size to 19'
will accommodate almost 98% of all personal vehicles. The
vehicles which exceed this dimension are the largest of the 15
passenger vans and the oversized pickup trucks with crew
cabs and full beds.
6. Stan Zemler ITEM/TOPIC: Discussion and direction from Council on pursuing a
joint Vail Recreation District (VRD) and Town of Vail (TOV)
Comprehensive Recreation Master Plan. On January 10th, the
VRD approved an expenditure of up to $30,000 to jointly fund
w/the TOV a comprehensive recreation master plan. If Council
wishes to move in this direction, supplemental appropriation from
RETT of $30,000 is suggested by staff. (15 min.)
7. Stan Zemler ITEM/TOPIC: Discussion of Framework for Process Involving
Judy Camp Disbursement of Conference Center Tax Collections. (30 min.)
ACTION REQUESTED OF COUNCIL: Discuss initial review
criteria and provide ideas for a citizen outreach process to be
used to create community consensus regarding the various
options available.
BACKGROUND RATIONALE: In November 2005, Vail's
electorate defeated an increase in the lodging tax to supplement
taxes approved in 2002 to build and operate a conference center.
The ballot question also contained a provision to rescind the 2002
taxes if the issue failed. Therefore, on December 20, 2005, the
Vail Town Council approved second reading of Ordinance No. 27,
Series of 2005, which rescinded the 2002 taxes, ahalf-cent sales
tax and 1.5 percent lodging tax, effective January 1, 2006. The
remaining action required to bring closure to the issue is to
determine a refund methodology for disbursement of the
remaining $7.7 million in conference center funds or prepare a
ballot question to determine how such revenues shall be used.
8. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 4, Series of 2006.
Text amendment (Commercial Service Center/CSC Zone District)
for Crossroads. (15 min.)
ITEM/TOPIC: First Reading of Ordinance No. 4, Series of 2006,
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.
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 4, Series of 2006 on first
reading.
BACKGROUND RATIONALE: On January 23, 2006, the Town of
Vail Planning and Environmental Commission voted 7-0-0 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 for
a "bowling alley" to the Vail Town Code.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 4, Series of 2006, on first reading.
9. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. 5, Series of 2006,
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. 5, Series of 2006.
BACKGROUND RATIONALE: On January 23, 2006, 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 5-2-0 (Viele and Lamb opposed) 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
January 23, 2006, for further details (attached).
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 5, Series of 2006, on first reading.
10. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 1, Series of 2006
- an ordinance vacating a certain part of the system of Public
Ways of the Town of Vail, Colorado, i.e., a parcel of land located
within chute road right-of-way, Lot P-3, Vail Village Fifth Filing,
Town of Vail, County of Eagle, State of Colorado as recorded
March 17, 2004, at Reception Number 871030 at the Eagle
County Clerk and Recorder, and setting forth details in regard
thereto. (5 min.)
ACTION REQUESTED OF COUNCIL Approve, approve with
modifications or deny on second reading of Ordinance No. 1,
Series of 2006.
BACKGROUND RATIONALE: The Town of Vail received this
portion of right of way with the creation of the founders garage plat
from Vail Resorts. The western portion was then to be deeded to
the Mill Creek condominium association. The streetscape design
for the Mill creek Court property has been completed and the cost
sharing agreement is completed. It is now known how much of
the western portion of the property can be vacated.
STAFF RECOMMENDATION: Approve on second reading
Ordinance No. 1, Series of 2006.
11. George Ruther ITEM/TOPIC: ITEM/TOPIC: Second reading of Ordinance No. 2,
Series of 2006, an ordinance amending Chapter 4, Districts
Established, Section 12-4-1, Designated, Vail Town Code, to allow
for the establishment of the Public Accommodation - 2 (PA-2)
district, and setting forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 2, Series of 2006 on second
reading.
BACKGROUND RATIONALE: On January 9, 2006, 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 Vail Town Code.
On January 17, 2006, the Vail Town Council approved Ordinance
No. 2, Series of 2006 upon first reading. The only requested
change to the ordinance is a typographical error.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 2, Series of 2006, on second reading.
12. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 3, Series of 2006,
an ordinance amending the official zoning map for the Town of Vail
in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning
Map; Rezoning Lots 9-12, Buffher Creek Re-subdivision, from
Public Accommodation (PA) district to Public Accommodation-2
(PA-2) district, and setting forth details in regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, Approve with
modifications, or Deny Ordinance No. 3, Series of 2006 on second
reading.
BACKGROUND RATIONALE: On January 9, 2006, the Town of
Vail Planning and Environmental Commission held a public
hearing on the request to amend the Official Zoning Map of the
Town of Vail. Upon consideration of the request, the Commission
unanimously approved a motion recommending approval of the
rezoning request to the Vail Town Council.
On January 17, 2006, the Vail Town Council approved Ordinance
No. 3, Series of 2006 on first reading. No revisions have been
made to the ordinance since first reading.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 3, Series of 2006, on second reading.
13. ITEM/TOPIC: Town Manager's Report. (10 min.)
1. Peer Resort/Community Trips Update.
2. Update on Vail Recreation District (VRD) Repayment of 50%
Cost share for 2001 Dobson Door Expansion.
In September of 2001, the town's Chief Building Official notified
both the Vail Recreation District (VRD) and the Town of Vail
(TOV), that the previous occupancy load for the Dobson @ 3,000
had been calculated incorrectly and a list of improvements to bring
the building back to that occupancy level was attached. Following
this notification, board minutes from both the Vail Town Council
and the VRD Board of Directors reflect approval was given to
proceed w/ the addition of doors on the south and west side of the
building. This mitigation was to cost approximately $100,000 and
would provide occupancy up to 1,500. Both boards agreed to this
improvement and to jointly fund the improvements, with the town
paying the up-front costs and billing the VRD back for its co-share.
The total cost came to about $106,000. A balance of $53,068 was
first billed to the VRD in February 2002 but no payments were
made. Staff met with VRD's new director and finance consultant
during the spring of '05 and an agreement was made to proceed
with the payment of this balance in a 10 year, no interest note
(identical to the gymnastics arrangement). The '05 payment has
been received.
14. ITEM/TOPIC: Adjournment. (10:55 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY FEBRUARY 21, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, FEBRUARY 21, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
A. Recommendation from RFP process/interviews for Community
Visioning.
B. Creation of an Economic Advisory Council is proposed to
make recommendations to the Vail Town Manager and Vail
Town Council regarding economic issues and short and long-
term economic strategies. Council is requested to approve
and/or modify the purpose of the Economic Advisory Council.
3. Leslie Pickling ITEM/TOPIC: Artwork for Gore Creek Promenade Pedestrian
Bridge and Bighorn Park Design. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve AIPP expenditure
for pedestrian bridge railing.
BACKGROUND RATIONALE: The Town of Vail Public Works
department is soliciting proposals to replace the pedestrian bridge
at Gore Creek Promenade. If approved, construction will begin in
spring, 2006. AIPP is would like to enhance the appearance of
the bridge by adding artwork to the bridge railings.
This project was originally brought to the town council and
approved in 2002; however modifications have been made to
keep within budget. A jury composed of Vail residents chose the
artist. The current proposal combines eight art panels with
traditional spindles. The panels depict Vail recreational activities
and are made of layered perforated stainless steel. Art in Public
Places voted unanimously to approve the artwork shown in the
attached drawings. The board is working with the artist to finalize
construction details. AIPP has approved spending up to $30,000
on the project.
*a full sized sample of the art panel is currently in front of the
Community Development Building.
4. Matt Mire ITEM/TOPIC: Lease renewal Red Sandstone Elementary School.
(10 min.)
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendment(s) the lease renewal for Red Sandstone Elementary
School.
BACKGROUND RATIONALE: The Vail Gymnastics Center was
placed on what is currently part of Red Sandstone leasehold
estate. As such the leased premises must be divided into two
separate leased premises. In addition, the initial 30 year term of
the school's lease has recently expired.
STAFF RECOMMENDATION: Approve or approve with
amendment(s) the lease renewal for Red Sandstone Elementary
School.
5. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 4, Series of
2006, AN ORDINANCE AMENDING SECTION 12-2-2,
DEFINITIONS OF WORDS AND TERMS, VAIL TOWN CODE, TO
CREATE A DEFINITION FOR A "BOWLING ALLEY" AND
SECTION 12-7E-4, CONDITIONAL USES, VAIL TOWN CODE,
TO ALLOW FOR THE ADDITION OF A "BOWLING ALLEY" AS A
CONDITIONAL USE WITHIN THE COMMERCIAL SERVICE
CENTER DISTRICT AND SETTING FORTH DETAILS IN
REGARD THERETO. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 4, Series of 2006 on second
reading.
BACKGROUND RATIONALE: On January 23, 2006, the Town of
Vail Planning and Environmental Commission voted 7-0-0 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 for
a "bowling alley" to the Vail Town Code.
On February 7, 2006, the Town Council approved the first reading
of Ordinance 4, Series of 2006, by a vote of 7-0-0.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 4, Series of 2006, on second reading.
6. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 5, Series of
2006, AN ORDINANCE ESTABLISHING SPECIAL
DEVELOPMENT DISTRICT NO. 39, CROSSROADS,
PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD)
DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN
CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD
THERETO. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 5, Series of 2006, on
second reading.
BACKGROUND RATIONALE: On January 23, 2006, 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 5-2-0 (Viele and
Lamb opposed) to forward a recommendation of approval of the
request to establish Special Development District No. 39,
Crossroads, to the Vail Town Council.
On February 7, 2006, the Town Council approved the first reading
of Ordinance 5, Series of 2006, by a vote of 4-3-0 (Logan, Foley,
Slifer opposed).
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council tables
Ordinance No. 5, Series of 2006, on second reading to the March
7, 2006 hearing.
7. Matt Mire ITEM/TOPIC: ITEM/TOPIC: Resolution No. 2, Series 2006, A
Resolution of the Town Council of the Town of Vail Initiating
Annexation Proceedings; Finding the Annexation Petition to Be in
Substantial Compliance; and Setting a Hearing Thereon. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, amend or deny
Resolution No. 2 Series of 2006.
BACKGROUND RATIONALE: This is the first step for the
pending Front Door exchange parcel annexation. This step is
perfunctory, in that the requirement of substantial compliance is at
a facial level only; i.e., the annexation petition on its face must
include the recitations required by the statute, which it does. The
hearing on April 4, 2006, should this Resolution pass, will be held
to determine if the proposed annexation complies with the
Colorado Revised Statutes and to establish eligibility for
annexation.
STAFF RECOMMENDATION: Approve Resolution No. 2, Series
2006.
8. ITEM/TOPIC: Town Manager's Report. (10 min.)
~:~ Lodging Occupancy Forecast.
~:~ Recycling Audit.
~:~ Conference Center Proceeds Meetings.
9. Matt Mire ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. § 24-6-
402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease,
transfer or sale of property interests and to determine positions,
develop a strategy or instruct negotiators regarding the disposition
of real property. Conference with Attorney and receive legal
advice on specific legal questions. Re: Crossroads redevelopment
project. (1 '/4 hrs.)
10. ITEM/TOPIC: Adjournment. (8:25 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 7, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, MARCH 7, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
A. 02.07.06 & 02.21.06 Minutes.
B. Copper Mountain Fire Inter-Governmental Agreement.
3. Todd Oppenheimer ITEM/TOPIC: East Meadow Drive Streetscape. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve request by staff
to negotiate construction contract for East Meadow Drive
Streetscape Improvements scheduled for 2006 and 2007.
BACKGROUND RATIONALE:
The Department of Public Works and Transportation has received
preliminary pricing for the East Meadow Drive Streetscape
Improvements from B&B Excavating Inc. and Weitz Construction.
Preliminary pricing from both general contractors is favorable to
the town and consistent with the construction estimates and
project budget. Staff is requesting permission from the Council to
complete negotiations with both general contractors to achieve the
best possible price and schedule for the work. Staff will return to
the Council on March 21, 2006 with a request to enter into a
contract with the successful general contractor.
STAFF RECOMMENDATION: Approve the recommendation to
negotiate the final construction contract price for the East Meadow
Drive Streetscape Improvements.
4. Leslie Fordham A, ITEM/TOPIC: Gore Creek Promenade Pedestrian Bridge
Greg Barrie Replacement. (15 min.)
ACTION REQUESTED OF COUNCIL: Staff is requesting two
items for approval at the evening meeting:
Increase the Project budget to an amount to be determined
in an addendum to this memorandum.
2. Authorize the Town Manager to enter into a contract with B
& B Excavating, Inc. to construct the Gore Creek
Promenade Pedestrian Bridge Replacement Project.
BACKGROUND RATIONALE: In 2002, staff presented multiple
options to the Town Council regarding the existing pedestrian
bridge near the International Bridge. Options ranged from full
replacement to full removal. At the time, the Council
recommended replacing the bridge while reusing the existing
abutments.
In January 2006, staff was directed to proceed with the final
design and bidding of the project. Proposals have been solicited
from bridge contractors.
Please see the attached Memo for additional information.
STAFF RECOMMENDATION: Depending on the Proposals to be
received on Friday, March 3, Staff will recommend approving an
appropriate budget and proceeding with the project.
B. ITEM/TOPIC: Artwork for Gore Creek Promenade Pedestrian
Bridge Replacement
ACTION REQUESTED OF COUNCIL:
Approve AIPP expenditure for pedestrian bridge railing.
BACKGROUND RATIONALE:
The Town of Vail Public Works department is soliciting proposals
to replace the pedestrian bridge at Gore Creek Promenade. If
approved, construction will begin in spring, 2006. AIPP would like
to enhance the appearance of the bridge by adding artwork to the
bridge railings.
This project was originally brought to the Town Council and
approved in 2002; however, modifications have been made to
keep within budget. A jury composed of Vail residents chose the
artist. The current proposal combines eight art panels with
traditional spindles. The panels depict Vail recreational activities
and are made of layered perforated stainless steel. Art in Public
Places voted unanimously to approve the artwork shown in the
attached drawings. The board is working with the artist to finalize
construction details. AIPP has approved spending up to $30,000
on the project.
5. Call Wettstein ITEM/TOPIC: Pine Beetle Mitigation Update. (60 min.)
Bill Carlson
6. Russ Forrest ITEM/TOPIC: Town of Vail Vision and Community Plan:
Presentation and interview with Design Workshop. (60 min.)
BACKGROUND: On Tuesday, February 21St, the Town of Vail
Community Visioning Selection Committee interviewed four
finalists from proposals received in response to the scope of work
soliciting assistance with the facilitation and development of the
Town of Vail Vision and Community Plan. The Committee
identified the Design Workshop team as the top candidate.
Design Workshop has extensive experience working in mountain
resort communities on similar projects and has been highly
successful at their work. The proposal submitted to the Town of
Vail was exemplary and illustrated how Design Workshop can
bring knowledge and experience to the Vision and Community
Plan process.
ACTION REQUESTED OF COUNCIL: The Community Visioning
Selection Committee recommends that the Town Council listen to
the presentation by Design Workshop, ask any questions of the
team and provide feedback on the process. In addition, staff
would request that the Town Council approve the budget for the
community plan outlined in the staff memorandum by motion.
7. Suzanne ITEM/TOPIC: Award of Construction Mitigation Funding. (20
Silverthorn min.)
BACKGROUND: During the 2006 budget process, the Town
Council set aside $50,000 in the Town Manager's budget for the
purpose of increasing the viability of Vail's business community
during the 2006 construction season. An application process
occurred in January with proposals from qualified applicants due
February 15. As part of the submission process, applicants were
asked to explain how their proposal addresses evaluation criteria
developed by the town-appointed Construction Mitigation Group:
• Creates excitement and energy
• Creates potential for positive economic impact to the retail,
restaurant and lodging sectors of the community
• Generates sustained visitation and interest by guests and
locals
• Enhances the guest experience
• Incorporates matching funds, sponsorships partnerships
• Complements other mitigation efforts implemented by Vail
Commission on Special Events, Vail Local Marketing
District, Vail Chamber & Business Association, Vail Valley
Chamber & Tourism Bureau, Town of Vail, Vail Resorts
Development Company, etc.
• Includes a communications component to build local and
guest awareness
Meets town permit process and construction staging
requirements
The Construction Mitigation Group met on February 16 and again
on March 2 to review 4 funding applications and to prepare a
recommendation for Town Council funding awards as follows:
~:~ $16,000 to Resort Events Inc. for Busker Village activities in
LionsHead (and elsewhere where feasible) to be augmented
by $30,000 awarded by the Commission on Special Events for
LionsHead-specific busker events.
~:~ Up to $12,000 for local radio advertising (KZYR, KTUN, KSKE
and JACK) with specifics to be determined by the Construction
Mitigation Group radio subcommittee.
~:~ $27,000 income guarantee to LMG Inc. for free climbing wall
activities in LionsHead with a minimum of $5,000 returned to
the town via merchant participation.
Additionally, the Construction Mitigation Group requests
Council's support in recommending consideration by the
Commission on Special Events for additional funding of the
Busker Village activity to disperse the event more fully
throughout Vail.
ACTION REQUESTED OF TOWN COUNCIL: Review, approve
and/or modify the funding recommendations forwarded by the
Construction Mitigation Group.
8. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 5, Series of
2006, AN ORDINANCE ESTABLISHING SPECIAL
DEVELOPMENT DISTRICT NO. 39, CROSSROADS,
PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD)
DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN
CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD
THERETO. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 5, Series of 2006, on
second reading.
BACKGROUND RATIONALE: On January 23, 2006, 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 5-2-0 (Viele and
Lamb opposed) to forward a recommendation of approval of the
request to establish Special Development District No. 39,
Crossroads, to the Vail Town Council.
On February 7, 2006, the Town Council approved the first reading
of Ordinance 5, Series of 2006, by a vote of 4-3-0 (Logan, Foley,
Slifer opposed). On February 21, 2006, the Town Council tabled
the second reading of Ordinance 5, Series of 2006, by unanimous
vote to the March 7, 2006, hearing.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council tables
Ordinance No. 5, Series of 2006, on second reading to the March
21, 2006 hearing.
9. Warren Campbell ITEM/TOPIC: Resolution No. 3, Series of 2006, a resolution
amending certain portions of the Vail Land Use Plan text and map
to identify those properties regulated by the Lionshead
Redevelopment Master Plan, and setting forth details in regard
thereto. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution No. 3, Series of 2006.
BACKGROUND RATIONALE: On February 7, 2006, the
Community Development Department presented an application to
the Planning and Environmental Commission to amended certain
portions of the Vail Land Use Plan text and map to identify those
properties regulated by the LionsHead Redevelopment Master
Plan. The Commission forwarded a recommendation of approval
to the Town Council by a vote of 6-0-0. Please refer to the staff
memorandum to the Vail Town Council dated March 7, 2006, for
further details (attached).
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Resolution No. 3, Series of 2006, as presented.
10. ITEM/TOPIC: Town Manager's Report. (10 min.)
~:~ TOV/VRD STEERING COMMITTEE FOR COMPREHENSIVE
RECREATION MASTER PLAN.
Staff met w/Greenplay the week of February 20th and would like
to continue to work on the scope of the assessment using a
steering committee made up of two members from the Vail
Recreation District (Michelle Hall and Scott Proper) and two
members from Council, along w/appropriate staff. Staff is asking
for two Council members to volunteer to serve in this capacity.
11. ITEM/TOPIC: Adjournment. (9:40 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, MARCH 21, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, MARCH 21, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Lorelei Donaldson ITEM/TOPIC: Design Review Board (DRB), Planning and
Environmental Commission (PEC) and Art in Public Places (AIPP)
Board Appointments. (10 min.)
ACTION REQUESTED OF COUNCIL:
1) Appoint four applicants to the PEC for a term of two years each
(through March 31, 2008).
2) Appoint three applicants to the DRB for a term of two years
each (through March 31, 2008).
3) Appoint two applicants to the AIPP for a term of three years
each (through March 31, 2009).
BACKGROUND RATIONALE:
There are currently four vacancies for PEC, three vacancies for
DRB and two vacancies for AIPP. The Town received five (5)
applications for the PEC; five (5) applications for the DRB
vacancies and three (3) applications for the AIPP.
Incumbent members of the PEC, DRB, and AIPP are noted by
asterisks below. Also, Nancy Sweeney has served two terms on
the AIPP and will only be able to serve an additional two years out
of the three year term if reappointed due to eight year term limits.
It is requested that the Town Council interview each applicant at
the work session and then appoint four applicants to the PEC;
three applicants to the DRB and two applicants to the AIPP at the
evening meeting.
The applicants are as follows
PEC: DRB: AIPP:
Dick Cleveland Mike Dantas Dorothy Browning
Anne Fehlner-Gunion* William DesPortes Gussie Ross*
Roland Kjesbo* Peter Dunning* Nancy Sweeney*
William Pierce Pamela Hopkins
Gwendolyn Scapello Margaret Garvey Rogers*
I have enclosed an attendance summary for each board for your
review.
RECOMMENDATION: Appoint a total of four members to the
PEC for two-year terms each; three members to the DRB for two-
year terms each; and two members to the AIPP for three-year
terms each.
3. ITEM/TOPIC: Consent Agenda. (5 min.)
a) Approval of Red Sandstone Elementary School Lease.
4. Greg Barrie A. ITEM/TOPIC: Gore Creek Promenade Pedestrian Bridge
Replacement. (60 min.)
ACTION REQUESTED OF COUNCIL: Staff is recommending the
replacement of the Gore Creek Promenade Pedestrian Bridge as
presented on March 7, 2006.
Staff is requesting three items:
1. Increase the Project budget to $ 295,000
2. Authorize the Town Manager to enter into a contract with B
& B Excavating, Inc. to construct the Gore Creek
Promenade Pedestrian Bridge Replacement Project.
3. Approve the AIPP expenditure of up to $30,000 for the
artistic railing panels. (See Item B below)
BACKGROUND RATIONALE: An evaluation of the bridge
indicates that it is underdesigned for its intended use. Alternatives
for addressing the concerns include either removing the bridge
and abutments or replacing the bridge structure while reusing the
existing abutments.
Please see the attached Memo for additional information.
B. ITEM/TOPIC: Artwork for Gore Creek Promenade Pedestrian
Bridge Replacement
ACTION REQUESTED OF COUNCIL:
If it is decided to replace the pedestrian bridge, approve AIPP
expenditure for pedestrian bridge railing.
BACKGROUND RATIONALE: The Town of Vail Public Works
Department is soliciting proposals to replace the pedestrian bridge
at Gore Creek Promenade. If approved, construction will begin in
spring, 2006. AIPP would like to enhance the appearance of the
bridge by adding artwork to the
bridge railings.
This project was originally brought to the Town Council and
approved in 2002; however, modifications have been made to
keep within budget. A jury composed of Vail residents chose the
artist. The current proposal combines eight art panels with
traditional spindles. The panels depict Vail recreational activities
and are made of layered perforated stainless steel. Art in Public
Places voted unanimously to approve the artwork shown in the
attached drawings. The board is working with the artist to finalize
construction details. AIPP has approved spending up to $30,000
on the project.
5. Todd Oppenheimer ITEM/TOPIC: East Meadow Drive Streetscape. Award of bid to
B&B Excavating. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve request by staff
to award construction contract for East Meadow Drive Streetscape
Improvements to B&B Excavating for an amount not to exceed
$4,288,111.
BACKGROUND RATIONALE: The Department of Public Works
and Transportation has completed negotiations for the East
Meadow Drive Streetscape Improvements with B&B Excavating
Inc. and Weitz Company. Staff has determined the construction
cost and contract terms provided by B&B Excavating are the most
favorable for the Town. Staff is requesting permission from the
Council to enter in to a construction contract with B&B Excavating
for an amount not to exceed $4,288,111.
The comparison of proposed costs are broken down as follows:
B&B Excavating Weitz Comoanv
Base Bid $3,953,611 $4,041,745
Boiler Room Allowance $ 250,000 $ 250,000
3rd Boiler $ 84,500 $ 75,000
Total $4,288,111 $4,366,745
Difference = $78,634 in favor of B&B Excavating.
Through negotiation both contractors required two construction
seasons to complete the streetscape work from Vail Road to the
west property line of Crossroads. Currently, without a
commitment from the private property owners, work in the ROW
will begin in the spring with utility trench and snowmelt mains.
Finished streetscape improvements in the ROW and on private
property would be completed in the fall.
The two year budget for streetscape improvements on East
Meadow Drive, between Vail Road and Slifer Square, is
$5,600,000. The overall construction costs to the TOV are
projected to be within budget because of the substantial developer
and private property reimbursements.
STAFF RECOMMENDATION: Approve the request to enter into
a construction contract with B&B Excavating for the East Meadow
Drive streetscape Improvements.
6. Tom Kassmel ITEM/TOPIC: ORDINANCE NO. 7, SERIES 2006, AN
ORDINANCE PROVIDING CERTAIN TEXT AMENDMENTS TO
TITLE 8, CHAPTER 1, VAIL TOWN CODE, REGARDING USE
OF THE PUBLIC WAY; AND SETTING FORTH DETAILS IN
REGARD THERETO. (10 min.)
ACTION REQUESTED OF COUNCIL Approve first reading of
Ordinance
BACKGROUND RATIONALE: On March 7th at the Council work
session town staff proposed to change the Public Way permit fee
schedule from a flat fee to a rate schedule that is relative to the
impact of the street cut or use of the Public Way. The proposal
included not only charging a fee for street cuts but also for use
and occupancy of the Public Way (i.e. construction staging) and
provided fee schedules for both construction season and non-
construction season. In order to accomplish this in accordance
with town code staff is requesting a text amendment to Title 8
chapter 1 of the Town Code to facilitate the change in fee
structure, along with cleaning up some inconsistencies that are in
Title 8-1.
STAFF RECOMMENDATION: Review the proposed text
amendment and approve first reading.
7. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 5, Series of 2006,
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT
DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A,
SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE
12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH
DETAILS IN REGARD THERETO. (1.5 hrs.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 5, Series of 2006, on second
reading.
BACKGROUND RATIONALE: On January 23, 2006, 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 5-2-0 (Viele and Lamb opposed) to forward a
recommendation of approval of the request to establish Special
Development District No. 39, Crossroads, to the Vail Town Council.
On February 7, 2006, the Town Council approved the first reading of
Ordinance 5, Series of 2006, by a vote of 4-3-0 (Logan, Foley, Slifer
opposed). On March 7, 2006, the Town Council tabled the second
reading of Ordinance 5, Series of 2006, by unanimous vote to the
March 21, 2006, hearing.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 5, Series of 2006, on second reading.
8. Warren Campbell ITEM/TOPIC: Resolution No. 3, Series of 2006, a resolution
amending certain portions of the Vail Land Use Plan text and map
to identify those properties regulated by the LionsHead
Redevelopment Master Plan, and setting forth details in regard
thereto. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution No. 3, Series of 2006.
BACKGROUND RATIONALE: On February 7, 2006, the
Community Development Department presented an application to
the Planning and Environmental Commission to amend certain
portions of the Vail Land Use Plan text and map to identify those
properties regulated by the LionsHead Redevelopment Master
Plan. The Commission forwarded a recommendation of approval
to the Town Council by a vote of 6-0-0. Please refer to the staff
memorandum to the Vail Town Council dated March 7, 2006, for
further details (attached).
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Resolution No. 3, Series of 2006, as presented.
9. ITEM/TOPIC: Town Manager's Report. (10 min.)
10. ITEM/TOPIC: Adjournment. (9:45 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, APRIL 4, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, APRIL 4, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
A. Approval of 03.07.06 and 03.21.06 Minutes.
3. Rod Slifer ITEM/TOPIC: Olympic Proclamations. (5 min.)
4. Peter Runyon ITEM/TOPIC: Eagle County Growth Forecast Presentation. (20
min.)
5. Dick Cleveland ITEM/TOPIC: Eagle County Trails. (10 min.)
HISTORY: Over the past several years the degradation of the
recreation path over Vail pass has been an ongoing issue. ECO
Trails has been working with Colorado Department of
Transportation (CDOT) to address the issue. We are asking for
support from local communities that all benefit from the path's
existence.
REQUEST: ECO trails is asking the Town of Vail to join other
local entities in requesting that two areas of unsafe conditions on
the Vail Pass Recreation path be immediately addressed by
CDOT. We are asking that the Mayor be authorized to sign the
attached letter on behalf of the TOV.
6. John Gulick ITEM/TOPIC: Controlled burn in Booth Falls discussion. (20
Phil Bowden min.)
Vail Fire and U.S. Forest Service have been cooperatively working
together on the "Booth Creek Prescribed Burn" since March, 1998.
In April, 2004 the town entered into an Memorandum of
Understanding with the USFS to complete Unit # 6, which is
primarily town-owned land of approximately 22 acres. This unit
consists of grass, sagebrush and other shrub components
proposed for ignition by fire crews on the ground, when conditions
meet prescription requirements and surface fuels are dry. The
proposed burn area is bordered by rock cliffs above and the South
Frontage Road below, east of Vail Mountain School. A spring burn
is preferred, due to the receding snow line.
7. Judy Camp ITEM/TOPIC: First Reading of ORDINANCE NO. 8, Series of
2006, AN ORDINANCE MAKING SUPPLEMENTAL
APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND,
CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX
FUND, HEAVY EQUIPMENT FUND, AND DISPATCH SERVICES
FUND OF THE 2006 BUDGET FOR THE TOWN OF VAIL,
COLORADO; AND AUTHORIZING THE EXPENDITURES OF
SAID APPROPRIATIONS AS SET FORTH HEREIN; AND
SETTING FORTH DETAILS IN REGARD THERETO. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments the first reading of Ordinance No. 8, Series of 2006.
BACKGROUND RATIONALE: To be provided in a separate
memo.
STAFF RECOMMENDATION: Staff recommends that the Town
Council approves or approves with amendments Ordinance No. 8,
Series of 2006, upon first reading.
8. George Ruther ITEM/TOPIC: First reading of Ordinance No. 10, Series of 2006,
an ordinance repealing and re-enacting Chapter 12-20, Annexed
Areas, Vail Town Code, to amend the process for zoning district
determination of annexed areas, and setting forth details in regard
thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 10, Series of 2006 on first
reading.
BACKGROUND RATIONALE: On March 10, 2006, the Town of
Vail Planning and Environmental Commission voted 6-0-0 (Viele
absent) to forward a recommendation of approval for a
proposed text amendment to the Vail Town Code.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 10, Series of 2006, on second reading.
9. Tom Kassmel ITEM/TOPIC: Second Reading of ORDINANCE NO. 7, SERIES
2006, AN ORDINANCE PROVIDING CERTAIN TEXT
AMENDMENTS TO TITLE 8, CHAPTER 1, VAIL TOWN CODE,
REGARDING USE OF THE PUBLIC WAY; AND SETTING
FORTH DETAILS IN REGARD THERETO. (10 min.)
ACTION REQUESTED OF COUNCIL Approve Second Reading
of Ordinance No. 7 Series 2006.
BACKGROUND RATIONALE: On March 21St Town Council
approved on First Reading Ordinance No. 7 Series 2006 an
ordinance providing certain text amendments to Title 8, Chapter 1,
Vail Town Code, regarding use of the Public Way.
STAFF RECOMMENDATION: Approve Second Reading of
Ordinance No. 7 Series 2006.
10. Tom Kassmel ITEM/TOPIC: Resolution No. 5, Series of 2006, Public Way fee
schedule. (10 min.)
ACTION REQUESTED OF COUNCIL Approve new Public Way
fee schedule by resolution.
BACKGROUND RATIONALE: On March 7th at the Council work
session Town staff proposed to change the Public Way permit fee
schedule from a flat fee to a rate schedule that is relative to the
impact of the street cut or use of the Public Way. The proposal
included not only charging a fee for street cuts but also for use
and occupancy of the Public Way (i.e. construction staging) and
provided fee schedules for both construction season and non-
construction season. In order to accomplish this in accordance
with Town code staff is requesting Council approve this new
Public Way fee schedule by resolution.
STAFF RECOMMENDATION: Review the proposed fee schedule
and approve by resolution.
11. Matt Mire ITEM/TOPIC: Resolution No. 6, Series 2006, A Resolution of the
Town Council of the Town of Vail Setting Forth Findings of Fact
and Conclusions Regarding Annexation Eligibility. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No.
6, Series of 2006.
BACKGROUND RATIONALE: At the regular meeting on
February 21, 2006, the Town Council adopted Resolution No. 2,
Series of 2006, finding the Petition for Annexation is in substantial
compliance with C.R.S. § 31-12-107(1) and setting a public
hearing to determine if the proposed annexation complies with
C.R.S. §§ 31-12-104 and 31-12-105 or such parts thereof as may
be required to establish eligibility for annexation. This Resolution
is now required for the Town Council to make the formal findings
set forth in this Resolution No. 6, that the parcel of land proposed
to be annexed as set forth in the Petition for Annexation is eligible
for annexation to the Town of Vail.
STAFF RECOMMENDATION: Approve Resolution 6, Series of
2006.
12. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 11, Series 2006, An
Ordinance of the Town of Vail Annexing Certain Real Property To
the Town of Vail. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Ordinance No.
11, Series of 2006, on first reading.
BACKGROUND RATIONALE: On February 14, 2006, The Vail
Corporation filed with the Town Clerk for the Town of Vail a
Petition for Annexation requesting that the Town Council of the
Town of Vail commence proceedings to annex to the Town of Vail
a certain parcel of land located in Section 8, Township 5 South,
Range 80 West, of the 6th Principal Meridian, County of Eagle,
State of Colorado, the approved final legal description of which is
set forth as Exhibit A in this Ordinance No. 11. (the "Annexation
Property"). The Town Council, by Resolution No. 6, Series of
2006, has also determined with regard to the Petition for
Annexation for the Annexation Property: (i) the applicable
requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been
met; (ii) an election is not required under C.R.S. § 31-12-107(2) or
31-12-112; (iii) no additional terms and conditions are to be
imposed on the annexation of the Annexation Property; and
(iv) the Annexation Property is eligible for annexation to the Town
of Vail. Accordingly, this Ordinance 11 shall operate to annex the
Annexation Property to the Town of Vail.
STAFF RECOMMENDATION: Approve Ordinance No. 11,
Series of 2006, on first reading.
13. ITEM/TOPIC: Town Manager's Report. (10 min.)
14. 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, APRIL 18, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, APRIL 18, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Lorelei Donaldson ITEM/TOPIC: Appointments to the Vail Local Licensing Authority
(LLA) and Vail Local Housing Authority (VLHA) boards. (5 min.)
ACTION REQUESTED OF COUNCIL:
1) Please interview the Local Licensing Authority (LLA)
applicants to fill two vacancies at the work session and
appoint two people to the LLA board at the evening
meeting; and
2) Please interview the Vail Local Housing Authority (VLHA)
applicants at the work session and appoint one applicant
to the VLHA (term expires May 31, 2011) 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 are currently two vacancies on the LLA. The Town
received four (4) 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:
1
Kaye Ferry*
Connie Knight
Robert McKown*
Bryant Roth
3. Gregg Barrie
*Incumbent board members
I have enclosed an attendance summary for the LLA for your
review.
VLHA:
Applicants must be full-time, year-round residents of Eagle County
who either are residents of the Town of Vail or work for a business
holding a Town of Vail business license. Authority members must
have a proven ability to be an effective advocate for a full range of
housing projects and be able to promote a vision for local
employee housing that has been approved of by the majority of
the Authority.
The role of Authority members is to act as Board of Directors for
the business of the Vail Local Housing Authority. The duties may
include Budget Approval, Adopting Policies, Advocacy, Staff
Oversight, Strategic and Long-Term Planning, Setting
Development and Acquisition Parameters and potentially
managing the existing Town of Vail deed-restricted housing
inventories.
Technical experience in
desirable: Financing
Construction/Construction
Legal.
one of the following areas is also
of Large Projects, Development,
Management, Planning, Design, or
The applicant is:
Mark Ristow*
*Incumbent board member
I have enclosed an attendance summary for the VLHA for your
review.
RECOMMENDATION:
Appoint two people to the LLA, and appoint one person to the
VLHA.
ITEM/TOPIC: Gore Creek Promenade Pedestrian Bridge
Replacement. (5 min.)
ACTION REQUESTED OF COUNCIL: Staff is requesting three
2
items:
1. Increase the Pedestrian Bridge Project budget by $170,000 to
$295,000.
2. Authorize the Town Manager to enter into a contract with B &
B Excavating, Inc. to construct the Gore Creek Promenade
Pedestrian Bridge Replacement Project in the fall of 2006 in
conjunction with the Village Streetscape Improvements.
3. Approve the AIPP expenditure of up to $30,000 for the artistic
railing panels. (Item B below)
BACKGROUND RATIONALE:
A. Pedestrian Bridge Replacement
An evaluation of the bridge indicates that it is under designed for
its intended use. Alternatives have been discussed in depth with
the Town Council and include full removal of the bridge, partial
removal of bridge components, and replacement of the bridge
structure on the existing abutments. At the April 4, 2006, Council
Work Session, the Town Council directed staff to proceed with
replacement of the bridge structure on the existing abutments.
Alternatives were considered in conjunction with proposed
improvements to the Whitewater Park. Design work is continuing
on the Whitewater Park and staff will return in the near future for
additional direction on that project.
B. Artwork for Pedestrian Bridge
This project was originally brought to the Town Council and
approved in 2002; however, modifications have been made to
keep within budget. A jury composed of Vail residents chose the
artist. The current proposal combines eight art panels with
traditional spindles. The panels depict Vail recreational activities
and are made of layered perforated stainless steel. Art in Public
Places voted unanimously to approve the artwork shown in the
attached drawings. The board is working with the artist to finalize
construction details. AIPP has approved spending up to $30,000
on the project.
STAFF RECOMMENDATION:
Based on previous discussions with the Council, staff
recommends:
1. Increase the Pedestrian Bridge Project budget by $170,000 to
$295,000 to be paid from RETT funds.
2. Authorize the Town Manager to enter into a contract with B &
B Excavating, Inc. to construct the Gore Creek Promenade
3
Pedestrian Bridge Replacement Project in the fall of 2006 in
conjunction with the Village Streetscape Improvements.
3. Approve the AIPP expenditure of up to $30,000 for the artistic
railing panels.
4. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 9, Series of 2006, an
ordinance repealing and re-enacting Ordinance 2, Series of 1997,
Flaum -The Valley Phase V, Special Development District (SDD)
No. 34, amending and reestablishing SDD No. 34, in accordance
with Section 12-9A-10, Amendment Procedures, Vail Town Code,
to allow for a major amendment to SDD No. 34, Flaum -The Valley
Phase V, to increase the allowable gross residential floor area for
(GRFA) employee housing units (EHUs) and associated garages
within the district, and setting forth details in regard thereto. (10
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 9, Series of 2006 on first
reading.
BACKGROUND RATIONALE: On March 27, 2006, the Town of
Vail Planning and Environmental Commission voted 6-0-0 (Viele
absent) to forward a recommendation of approval for a
proposed amendment to SDD No. 34, Flaum -The Valley Phase
V, to the Vail Town Council, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the
increase in the allowable GRFA for EHUs within the District from
500 square feet to 850 square feet and to increase the allowable
size of the EHU garage from 300 square feet to 400 square feet,
located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C,
The Valley Phase V, and setting forth details in regard thereto. A
copy of the staff memorandum to the Planning and Environmental
Commission, dated March 27, 2006, has been attached for
reference.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 9, Series of 2006, on first reading.
5. Russ Forrest ITEM/TOPIC: Emergency Ordinance No. 13, Series of 2006:
Moratorium on new planning applications in the Lionshead Mixed
Use 1 and 2 zone district which consider a net loss in
accommodation units, employee housing units, and parking. (30
min.)
BACKGROUND: Upon review of the Lionshead Mixed Use 1 and
2 Zone District, staff has concluded that it is possible for a existing
hotel to be demolished and redeveloped as a condominium
project or other use consistent with the Lionshead Mixed Use 1
and 2 zoning. This could result in the net loss of hotel rooms
4
which is counter to the general policy of the Town and the
Lionshead Redevelopment Plan which encourages the creation of
"live" rooms. Furthermore, the Lionshead Redevelopment Master
Plan does stipulate that there shall be no net loss of parking
spaces and employee housing units (EHUs). However, this is not
codified and staff feels that this policy should be incorporated into
Title 12 to ensure clarity and enforcement of this policy. The
purpose of this emergency ordinance is to prevent application of
any new development project in the Lionshead Mixed Use 1 or 2
zone districts which would propose a net loss in hotel rooms,
parking, or employee housing units within 60 of the approval of
Ordinance 13, Series of 2006 while an amendment is being
considered to affect the above mentioned changes. An application
was made on April 5, 2006 by the Town of Vail to amend the
Lionshead Mixed Use 1 and 2 Zone District along with amending
the Lionshead Redevelopment Master Plan. Within that 60 day
time period, the Town would propose amendments to the above
mentioned zone districts and the Lionshead Redevelopment
Master Plan.
STAFF RECOMMENDATION: After discussing the
considerations outlined in the staff memorandum approve
Ordinance 13, Series of 2006.
6. Judy Camp ITEM/TOPIC: SECOND READING OF ORDINANCE NO. 8,
Series of 2006, AN ORDINANCE MAKING SUPPLEMENTAL
APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND,
CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX
FUND, HEAVY EQUIPMENT FUND, AND DISPATCH SERVICES
FUND OF THE 2006 BUDGET FOR THE TOWN OF VAIL,
COLORADO; AND AUTHORIZING THE EXPENDITURES OF
SAID APPROPRIATIONS AS SET FORTH HEREIN; AND
SETTING FORTH DETAILS IN REGARD THERETO. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments the second reading of Ordinance No. 8, Series of
2006.
BACKGROUND RATIONALE: To be provided in a separate
memo.
STAFF RECOMMENDATION: Staff recommends Town Council
approves or approves with amendments Ordinance No. 8, Series
of 2006, upon second reading.
7. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 10, Series of
2006, an ordinance repealing and re-enacting Chapter 12-20,
Annexed Areas, Vail Town Code, to amend the process for zoning
district determination of annexed areas, and setting forth details in
regard thereto. (5 min.)
5
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 10, Series of 2006 on
second reading.
BACKGROUND RATIONALE: On March 10, 2006, the Town of
Vail Planning and Environmental Commission voted 6-0-0 (Viele
absent) to forward a recommendation of approval for a proposed
text amendment to the Vail Town Code.
On April 4, 2006, the Vail Town Council approved first reading of
Ordinance No. 10, Series of 2006 as read. No changes have
been made since first reading.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 10, Series of 2006, on second reading.
8. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 11, Series 2006,
An Ordinance of the Town of Vail Annexing Certain Real Property
To the Town of Vail. (5 min.)
ACTION REQUESTED OF COUNCIL: Table Ordinance No. 11,
Series of 2006, on second reading until May 2, 2006, to allow for
the Vail Corporation to close on the Annexation Property.
BACKGROUND RATIONALE: On February 14, 2006, The Vail
Corporation filed with the Town Clerk for the Town of Vail a Petition
for Annexation requesting that the Town Council of the Town of Vail
commence proceedings to annex to the Town of Vail a certain parcel
of land located in Section 8, Township 5 South, Range 80 West, of
the 6th Principal Meridian, County of Eagle, State of Colorado, the
approved final legal description of which is set forth as Exhibit A in
this Ordinance No. 11. (the "Annexation Property"). The Town
Council, by Resolution No. 6, Series of 2006, has also determined
with regard to the Petition for Annexation for the Annexation Property:
(i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105
have been met; (ii) an election is not required under
C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and
conditions are to be imposed on the annexation of the Annexation
Property; and (iv) the Annexation Property is eligible for annexation to
the Town of Vail. Accordingly, this Ordinance 11 shall operate to
annex the Annexation Property to the Town of Vail.
STAFF RECOMMENDATION: Table Ordinance No. 11, Series
of 2006, on second reading until May 2, 2006, to allow for the Vail
Corporation to close on the Annexation Property.
9. Matt Mire ITEM/TOPIC: Resolution No. 12, Series 2006, A Resolution
Approving the Purchase of Land in the Town of Vail Commonly
known as Parcel No. 210311415019 by the Eagle County
Assessor's Office, and Legally Described as Parcel A, a
resubdivision of Tract D, a resubdivision of Vail Schone Filing No.
1, Town of Vail, Eagle County, Colorado. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No.
12, Series 2006.
BACKGROUND RATIONALE: the Council considers it in the
interest of the public health, safety and welfare to purchase the
real property and improvements thereon with the physical address
of 2399 N. Frontage Road, Vail, Colorado, commonly known as
Parcel No. 210311415019 by the Eagle County Assessor's Office,
and legally described as Parcel A, a resubdivision of Tract D, a
resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle
County, Colorado (the "Property"). Approval of Resolution No. 12,
Series 2006, is required to purchase the Property.
STAFF RECOMMENDATION: Approve Resolution No. 12,
Series 2006.
10.Todd Oppenheimer ITEM/TOPIC: Raw Water Conversion Project -Intergovernmental
Agreement. (10 min.)
ACTION REQUESTED OF COUNCIL: Review the attached IGA
for the Raw Water Conversion Project and authorize the Town
Manager to enter into the agreement with the Eagle River Water
and Sanitation District (ERWSD).
BACKGROUND RATIONALE:
The Town of Vail and the ERWSD, in November of 2003, jointly
completed a feasibility study investigating the conversion of the
irrigation systems in Ford Park and Donovan Park from treated
water to raw water supply. Having found the work and finances to
be feasible, the District has prepared construction documents and
has hired a contractor to perform the work. The cost of the work
to be paid by the District is $396,210.65. The cost of construction
is to be reimbursed to the District by the Town over a 20 year
period through the water rates paid by the town. All pumping and
filtration equipment will be owned and maintained by the District.
The conversion to raw water will decrease the overall cost of
water for these two parks and will decrease the treatment costs for
the District. The savings to the Town varies year to year within the
20 year period and is projected to be $10,000 the first year and
$20,000 at year 20. Work is scheduled to begin in early May to
avoid high water during spring run off.
STAFF RECOMMENDATION: Authorize the Town Manager to
enter into an Intergovernmental Agreement with the ERWSD to
convert the irrigation systems in Ford and Donovan Parks to a raw
water supply.
11. ITEM/TOPIC: Town Manager's Report. (10 min.)
7
12. ITEM/TOPIC: Adjournment. (7:50 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 2, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
8
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, MAY 2, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Chip Domke ITEM/TOPIC: Youth Recognition Award Winners. (5 min.)
Vail Mountain School: Leilani Bruntz
Battle Mountain High School: Kimberley Anne Corwin
3. ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 04.04.06 and 04.18.06 minutes.
4. Karen Schaeffer ITEM/TOPIC: Tax Collection Overview. (5 min.)
5. Greg Hall ITEM/TOPIC: Construction Update. (5 min.)
6. Stan Zemler ITEM/TOPIC: Proclamation No. 2, Series of 2006. A proclamation
recognizing Adam Aron for his contributions to the Town of Vail
while CEO of Vail Resorts. (5 min.)
7. Matt Mire ITEM/TOPIC: Presentation of Certificate of Sufficiency, certifying
as SUFFICIENT the Referendum Petition for the Town Council's
reconsideration of Ordinance No. 5, Series 2006, an Ordinance
Establishing Special Development District No. 39, Crossroads,
Pursuant to Article A, Special Development (SDD) District,
Chapter 9, Title 12, Zoning Title, Town Code of Vail, and Setting
Forth Details in Regard Thereto. (5 min.)
ACTION REQUESTED OF COUNCIL None.
BACKGROUND RATIONALE: The petition was submitted to
the town on April 20, 2006, as required by referendum procedures
outlined in the Vail Town Charter and state statute. Now that the
petition has been deemed sufficient, the Town Council will be
required to consider repeal of Ordinance No. 5, Series of 2006,
which established a new Special Development District for
1
Crossroads. If the Town Council fails to repeal the ordinance by a
three-fourths majority, the matter would then be referred to Vail's
electorate in a special election set by the Vail Town Council.
STAFF RECOMMENDATION: None.
8. Bill Gibson ITEM/TOPIC: The applicant, Lancelot Restaurant, represented by
Werner Schadl, is requesting permission to proceed through the
development review process with a proposal involving Town of
Vail owned property. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny the applicant's request to proceed through
the development review process.
BACKGROUND RATIONALE: The applicant, Lancelot
Restaurant, represented by Werner Schadl, is requesting to
proceed through the development review process with a proposal
to remove trees on the Gore Creek Promenade. The Gore Creek
Promenade is owned by the Town of Vail, and the Town Council
serves in the role of "property owner" for this site. Therefore as the
property owner, the Town Council must consent to the applicant
proceeding through the Town's development review process with
this proposal.
STAFF RECOMMENDATION: The Community Development and
Public Works Departments recommend the Town Council approve
the applicant's request to proceed through the development
review process. Please note that should the Town Council
choose to approve the applicant's request, this approval does not
constitute an explicit approval of the proposed improvements; it
only authorizes the applicants to proceed through the town's
development review process.
9. Todd Oppenheimer ITEM/TOPIC: Raw Water Conversion Project -Intergovernmental
Agreement (IGA). (10 min.)
ACTION REQUESTED OF COUNCIL: Review the attached IGA
for the Raw Water Conversion Project and authorize the Town
Manager to enter into the agreement with the Eagle River Water
and Sanitation District (ERWSD).
BACKGROUND RATIONALE: The Town of Vail and the Eagle
River Water and Sanitation District, in November of 2003, jointly
completed a feasibility study investigating the conversion of the
irrigation systems in Ford Park and Donovan Park from treated
water to raw water supply. Having found the work and finances to
be feasible, the District has prepared construction documents and
has hired a contractor to perform the work. The cost of the work
to be paid by the District is $396,210.65. The cost of construction
2
is to be reimbursed to the District by the town over a 20 year
period through the water rates paid by the town. All pumping and
filtration equipment will be owned and maintained by the District.
The conversion to raw water will decrease the overall cost of
water for these two parks and will decrease the treatment costs for
the District. The savings to the town varies year to year within the
20 year period and is projected to be $10,000 the first year and
$20,000 at year 20. Work is scheduled to begin in early May to
avoid high water during spring run off.
STAFF RECOMMENDATION: Authorize the Town Manager to
enter into an Intergovernmental Agreement with the ERWSD to
convert the irrigation systems in Ford and Donovan Parks to a raw
water supply.
10. Russ Forrest ITEM/TOPIC: Funding for rational nexus studies for both
Nina Timm commercial and residential linkage that would be the foundation
for potentially adopting additional employee housing mitigation
strategies. (15 min.)
BACKGROUND: On April 18 staff made a presentation regarding
numerous employee housing mitigation strategies that the Town
of Vail may choose to adopt. In order to codify commercial
linkage and/or add residential linkage the Town of Vail will legally
need to have a current rational nexus study. The authorization of
dollars for the studies will allow the Town to engage RRC's
services to complete the nexus studies. The studies will take up
to ten weeks to complete.
ACTION REQUESTED OF COUNCIL: Reallocate $18,500 from
the Buy Down Program to pay for the completion of both a
commercial and residential rational nexus studies.
11. Warren Campbell ITEM/TOPIC: Second reading of ORDINANCE 9, SERIES OF
2006, AN ORDINANCE REPEALING AND REENACTING
ORDINANCE NO. 2, SERIES OF 1997, PROVIDING FOR
CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 34,
FLAUM-THE VALLEY PHASE V, THAT CONCERN THE
INCREASE IN THE ALLOWABLE GROSS RESIDENTIAL FLOOR
AREA (GRFA) FOR EMPLOYEE HOUSING UNITS (EHUS) AND
ASSOCIATED GARAGES WITHIN THE DISTRICT; AND
SETTING FORTH DETAILS IN REGARD THERETO. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 9, Series of 2006 on second
reading.
BACKGROUND RATIONALE: On March 27, 2006, the Town of
Vail Planning and Environmental Commission voted 6-0-0 (Viele
absent) to forward a recommendation of approval for a
proposed amendment to SDD No. 34, Flaum -The Valley Phase
3
V, to the Vail Town Council, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the
increase in the allowable GRFA for EHUs within the District from
500 square feet to 850 square feet and to increase the allowable
size of the EHU garage from 300 square feet to 400 square feet,
located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C,
The Valley Phase V, and setting forth details in regard thereto.
On April 18, 2006, the Town Council approved Ordinance 9,
Series of 2006, on first reading.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 9, Series of 2006, on second reading.
12. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 11, Series 2006, An
Ordinance of the Town of Vail Annexing Certain Real Property to the
Town of Vail. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve second reading
of Ordinance No. 11, Series of 2006.
BACKGROUND RATIONALE: On February 14, 2006, The Vail
Corporation filed with the Town Clerk for the Town of Vail a
Petition for Annexation requesting that the Town Council of the
Town of Vail commence proceedings to annex to the Town of Vail
a certain parcel of land located in Section 8, Township 5 South,
Range 80 West, of the 6th Principal Meridian, County of Eagle,
State of Colorado, the approved final legal description of which is
set forth as Exhibit A in this Ordinance No. 11. (the "Annexation
Property"). The Town Council, by Resolution No. 6, Series of
2006, has also determined with regard to the Petition for
Annexation for the Annexation Property: (i) the applicable
requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been
met; (ii) an election is not required under C.R.S. § 31-12-107(2) or
31-12-112; (iii) no additional terms and conditions are to be
imposed on the annexation of the Annexation Property; and
(iv) the Annexation Property is eligible for annexation to the Town
of Vail. Accordingly, this Ordinance 11 shall operate to annex the
Annexation Property to the Town of Vail.
STAFF RECOMMENDATION: Approve second reading
Ordinance No. 11, Series of 2006.
13. Matt Mire ITEM/TOPIC: Resolution No. 7, Series 2006, A Resolution
rescheduling the regular Town Council meeting of July 4,
2006, to July 11, 2006. (5 min.)
ACTION REQUESTED OF COUNCIL Approve Resolution
No. 7, Series 2006.
4
BACKGROUND RATIONALE: Pursuant to Section 1-5-11,
Vail Town Code, in the event a regular meeting would fall on
a legal holiday recognized by the Town, the Council may
defer the regular meeting to a subsequent date not later than
one week after the deferred regular meeting.
STAFF RECOMMENDATION: Approve Resolution No. 7,
Series 2006.
14. Russ Forrest ITEM/TOPIC: A RESOLUTION RATIFYING THE PURCHASE OF
LAND IN THE TOWN OF VAIL KNOWN AS THE MEADOW
CREEK PARCEL AND LEGALLY DESCRIBED AS A PARCEL OF
LAND LOCATED IN THE NORTHEAST QUARTER, OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION
14, TOWNSHIP 5 SOUTH, RANGE 81 WEST SIXTH PRINCIPAL
MERIDIAN, EAGLE COUNTY, COLORADO. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution,
No. 8, Series of 2006.
BACKGROUND RATIONALE: WHEREAS, the Council has
previously approved the purchase of the Property, and closed on
the Property on or about April 28, 2006. Eagle County and
adjacent property owner's committed $65,000 each to the
acquisition of land. This acquisition is consistent with the Town of
Vail Comprehensive Open Lands Plan.
STAFF RECOMMENDATION: Approve Resolution, No. 8,
Series of 2006.
15. ITEM/TOPIC: Town Manager's Report. (10 min.)
• RFP for LionsHead Parking Structure.
16. ITEM/TOPIC: Adjournment. (7:50 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 16, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
5
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, MAY 16, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Jerry Sibley ITEM/TOPIC: Battle Mountain High School Hockey Team. (10
min.)
3. ITEM/TOPIC: Consent Agenda. (5 min.)
A. Current copy of the Ford Park Managed Parking dates for the
2006 Summer Calendar.
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments the summer calendar for Ford Park managed
parking dates for 2006.
BACKGROUND RATIONALE: The 2006 Managed Parking
Calendar Schedule for Ford Park is attached. This calendar has
been compiled by the Ford Park User Committee. We are
requesting your review and approval of the calendar for paid
parking dates at Ford Park for the Summer, 2006 schedule.
There are currently 35 days of paid parking requested as well as
one managed parking date. This calendar is subject to change as
more events are added to the various schedules of the user
groups at Ford Park.
RECOMMENDATION: Approve or approve with amendments, the
summer calendar for Ford Park paid parking dates for 2006.
B. Children's Garden of Learning (CGOL) request to proceed
through the process for repair of geotechnical and playground
surfacing issues.
STAFF RECOMMENDATION: Approve CGOL to proceed
through the process.
1
4. Tom Kassmel ITEM/TOPIC: Construction Update. (5 min.)
5. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 6, Series 2006, An
ordinance repealing and reenacting Title 9, Chapter 1, Vail Town
Code Regarding the Town of Vail Watershed District; Providing
Definitions to Prevent Injury to Town Water Sources; and Setting
forth Details in Regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendment or deny Ordinance No. 6, Series 2006, on first
reading.
BACKGROUND RATIONALE: This ordinance provides
definitions and amendments to Title 9, Vail Town Code which, will
further clarify prohibited acts and provide for more effective
enforcement by the Town to prevent injury to the Town water
supplies.
STAFF RECOMMENDATION: Approve First Reading of
Ordinance No. 6 Series 2006.
6. George Ruther ITEM/TOPIC: First reading of Ordinance No. 12, Series of 2006,
an ordinance amending the official zoning map for the Town of Vail
in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning
Map; zoning the area more commonly referred to as the "Front
Door USFS land exchange parcel" to the Ski Base Recreation - 2
District (SBR-2), and setting forth details in regard thereto. (15 min.)
A complete legal description of the parcel is available for public
inspection at the Town of Vail Community Development
Department
ACTION REQUESTED OF COUNCIL: Approve, Approve with
modifications, or Deny Ordinance No. 12, Series of 2006 on first
reading.
BACKGROUND RATIONALE: On May 8, 2006, the Town of Vail
Planning and Environmental Commission held a public hearing on
the request to amend the Official Zoning Map of the Town of Vail.
Upon consideration of the request, the Commission unanimously
approved a motion recommending approval of the zoning
request to the Vail Town Council.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 12, Series of 2006, on first reading.
7. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 15, Series of 2006,
AN ORDINANCE EXTENDING A MORATORIUM ON THE
SUBMISSION AND PROCESSING OF BUILDING PERMITS AND
LAND USE APPROVALS IN THE LIONSHEAD MIXED USE 1
2
AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS WHICH
WOULD RESULT IN THE NET LOSS OF ACCOMMODATION
UNITS, PARKING SPACES AND EMPLOYEE HOUSING UNITS;
AND SETTING FORTH DETAILS IN REGARD THERETO. (10
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendment or deny first Reading of Ordinance No. 15 Series
2006.
BACKGROUND RATIONALE: On April 18, 2006 the Council
adopted Ordinance No. 13, Series 2006 establishing a sixty (60)
day moratorium on the submission and processing of building
permits and land use approvals in LionsHead Mixed Use 1 and 2
zone districts. Because of procedural requirements and time
necessary to effectuate the subject text amendments to Title 12,
Vail Town Code, it will be necessary to extend the moratorium for
an additional sixty (60) days.
STAFF RECOMMENDATION: Approve first reading of Ordinance
No. 15 Series 2006.
8. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.)
VAIL VALLEY ATHLETE COMMISSION (VVAC)
The VVAC met May 9th to consider funding requests for the
spring, summer and fall. Because the preponderance of the
funding from the partners (Beaver Creek Resort Company, Vail
Resorts, the Vail Valley Foundation and the Town of Vail) is spent
on winter sports activities, the Commission had just $2,500 to
allocate this funding cycle. Please see the attachment re:
recipients. The town's contribution has remained at $4,750 (a 5%
reduction following the September 11th, 2001, event). The town
has received a letter from the Foundation requesting each of the
partners increase its '06 contribution to a maximum of $10,000 for
this year, to which Beavercreek Resort Company and the
Foundation have already agreed. Previous contributions from the
other three partners have been at $5,000 each. Staff has advised
the Foundation to go through the out-of-cycle funding process in
June '06 to make this request formally.
• FARMER'S MARKET EXTENSION OF DATES
Staff met with Rick Scalpello on May 3rd to discuss the additional
Sundays in June and September where Rick had requested
suspending streetscape construction in order to accommodate the
market. While the June 18th date is still cautiously being
considered, staff has agreed to update Rick two weeks out as to
current construction progress. The September dates, however,
cannot be considered, since streetscape construction will be fully
3
underway. With the already condensed construction seasons
limited to the spring and fall, and in order to meet the construction
schedule as laid out in January of this year, closing down the
September Sundays would incur additional costs as well as
potentially making the construction schedule for completion
unattainable.
9. ITEM/TOPIC: Adjournment. (7:10 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, JUNE 6, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
4
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M., TUESDAY, JUNE 6, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 05.02.06 and 05.16.06 Minutes.
3. Greg Hall ITEM/TOPIC: Construction Update. (5 min)
4. Michael Jenkins ITEM/TOPIC: Presentation of 2005 Audit Report. (20 min.)
ACTION REQUESTED OF COUNCIL: None.
BACKGROUND RATIONALE: None.
STAFF RECOMMENDATION: None.
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 denial of a variance from Section 12-6C-8, Density
Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter
12-17, Variances, Vail Town Code, to allow fora residential
addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail
Village Filing 1, and setting forth details in regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify
the Planning and Environmental Commission's denial of the
variance applications pursuant to Section 12-3-3, Appeals, Vail
Town Code. The Council may also grant a continuance of this
item (i.e. table) to a future public hearing date, pursuant to Sub-
section 12-3-3-C3, Procedures, Vail Town Code.
BACKGROUND RATIONALE: On July 25, 2005, the Planning
and Environmental Commission approved variances 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 garage addition and
elevator/entry addition at 1448 Vail Valley Drive. The Vail Town
Council "called-up" the Planning and Environmental Commission's
decision at its August 2, 2005, public hearing. On September 6,
2005, the Council upheld the setback variance and site coverage
variance to accommodate the garage addition. However, the
Council denied the variance requests for additional site coverage
and gross residential floor area to allow for the elevator/entry
addition.
The applicant has reapplied for site coverage and gross
residential floor area variances for the same elevator/entry
addition denied by the Council last September. On April 10, 2006,
the Planning and Environmental Commission again denied the
appellants' variance requests. The appellants subsequently
appealed of this decision.
The appellant is now requesting that the Council grant a
continuance (i.e. table) this item to June 20, 2006; so the
appellant may appear at the hearing in person.
STAFF RECOMMENDATION: Staff recommends the Town
Council grant a continuance of the review of this item (i.e. table)
to its June 20, 2006, public hearing "to allow the parties time to
obtain information", pursuant to Sub-section 12-3-3-C3,
Procedures, Vail Town Code.
6. Kathleen Halloran ITEM/TOPIC: Council Out of Cycle Contribution Requests for
2006. (30 min.)
ACTION REQUESTED OF COUNCIL: 2006 "out of cycle"
contribution requests that have been submitted to staff on May 24,
2006, for 2006 funding. Staff requests direction from Council
regarding proposed contributions.
Out-of-Cvcle Funding: The purpose of the mid-year review is to
provide an opportunity for organizations that have newly identified
projects or unforeseen changes to their budgets to come forward
all at the same time. The Town Council evaluates 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.
A. Vail Valley Music Festival
BACKGROUND INFORMATION: Bravo! Vail Valley Music
Festival is requesting $50,000 to help fund travel, administration,
marketing, advertising and promotional expenses that will occur in
2006 for the 2007 Philadelphia Orchestra -Vail Residency
program. The program was not finalized until after the deadline
for the original 2006 contribution requests.
STAFF RECOMMENDATION: Historically, the Town of Vail has
contributed funding toward the Tier One New York Philharmonic /
Vail program. Because this program was not finalized until after
2006 contribution requests, it falls within the criteria for "a newly
identified project or unforeseen changes." Staff recommends
funding this request based on the caliber of this group and the fact
that the Philadelphia Orchestra, although not perceived to be quite
at the level of the New York Philharmonic, also resides in this Tier
One category. The cultural benefit to the Town of Vail and the
tourist attraction of this event are also factors in staff's
recommendation for funding.
B. Vail Chamber & Business Association (VCBA)
BACKGROUND INFORMATION: The VCBA is requesting
$12,560 to fund attendance at the 2006 Colorado Snowsports
Expo in Denver. This event was part of the original request to
Council for 2006 contributions but was turned down at that time.
STAFF RECOMMENDATION: Staff does not recommend funding
this event for the following reasons: 1) it was already turned down
by Council, 2) it does not meet the out -of-cycle funding request
criteria of "newly identified projects or unforeseen changes to
budgets" as a reason for the request, and 3) Vail is already
represented at this event with attendance by Vail Resorts in
partnership with Vail businesses and lodges.
C. Vail Valley Athlete Commission
BACKGROUND INFORMATION: The Athlete Commission is
requesting $5,250 to increase the Town's overall contribution up
to $10,000 (current contribution is $4,750 annually). The
Commission would like to expand the 2006 program to include an
additional ten qualified athletes for this winter season that were
not anticipated at the time of 2006 contribution requests.
STAFF RECOMMENDATION: Staff recommends additional
funding for this program in support of our athletes and for the
international exposure for the Town of Vail. Staff supports the
planned expansion and would like to continue our positive
partnership with the Vail Valley Foundation, Vail Resorts and the
Beaver Creek Resort Company in this program.
D. Betty Ford Alpine Gardens
BACKGROUND INFORMATION: The Alpine Gardens is
requesting $10,000 in seed money to begin a renovation /
replanting of the Meditation Garden. This is a capital project in
addition to the normal operating budget. The Garden hosts
thousands of visitors per year and has achieved World-premier
status as a high altitude garden.
STAFF RECOMMENDATION: Staff does not recommend
funding this project because it is more appropriate for inclusion in
the 2007 Contribution requests. It does not fit the criteria of
"newly identified projects or unforeseen changes to budgets".
7. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2006,
An Ordinance Repealing Ordinance No. 5, Series 2006, an
Ordinance Establishing Special Development District No. 39,
Crossroads, Pursuant to Article A, Special Development (SDD)
District, Chapter 9, Title 12 zoning Title, Town Code of Vail, and
Setting Forth Details in Regard Thereto. (20 min.)
ACTION REQUESTED OF COUNCIL: Consider Ordinance No.
16, Series 2006, as required by the Vail Town Charter.
BACKGROUND RATIONALE: On March 21, 2006, the Council
adopted Ordinance No. 5, Series of 2006, an ordinance
establishing Special Development District No. 39, Crossroads,
(the "Crossroads Ordinance"). On April 27, 2006, and pursuant to
Section 5.4 of the Charter, the Town Clerk certified as
SUFFCIENT a referendum petition seeking reconsideration of the
Council's adoption of the Crossroads Ordinance, and if not so
repealed upon reconsideration, that it be approved or rejected at a
Town election. Pursuant to Section 5.6(a) of the Charter, when a
referendum petition has been finally determined sufficient the
Council shall promptly reconsider the referred ordinance by voting
its repeal.
STAFF RECOMMENDATION: n/a.
8. Matt Mire ITEM/TOPIC: Resolution No. 9, Series 2006, A Resolution Calling
a Special Election in the Town of Vail, Colorado Concerning
Ordinance No. 5, Series of 2006, an Ordinance Establishing
Special Development District No. 39, Crossroads, Pursuant to
Article A Special Development (SDD) District, Chapter 9, Title 12,
Zoning Title, Town Code of Vail, and Setting Forth Details in
Regard Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No 9,
Series 2006.
BACKGROUND RATIONALE: On March 21, 2006, the Council
adopted Ordinance No. 5, Series of 2006, an ordinance
establishing Special Development District No. 39, Crossroads,
(the "Crossroads Ordinance"). On April 27, 2006, and pursuant to
Section 5.4 of the Charter, the Town Clerk certified as
SUFFCIENT a referendum petition seeking reconsideration of the
Council's adoption of the Crossroads Ordinance, and if not so
repealed upon reconsideration, that it be approved or rejected at a
Town election. The Council has failed to repeal the Crossroads
Ordinance, and pursuant to Section 5.6(b) of the Charter, it is
necessary for the Council to set a special election.
STAFF RECOMMENDATION: Approve Resolution 9, Series
2006.
9. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. 17, Series of 2006,
an ordinance amending Section 12-21-14E, Restrictions in
Specific Zones on Excessive Slopes, Vail Town Code, pursuant to
Section 12-3-7, Amendments, Vail Town Code, to allow for an
amendment to increase the amount of allowable site coverage on
lots with excessive slopes, from a maximum of 15% to a maximum
of 20%, and setting forth details in regard thereto. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 17, Series of 2006.
BACKGROUND RATIONALE: On April 24, 2006, the Planning
and Environmental Commission (PEC) conducted a work session
during which staff was directed to draft changes to their suggested
modified version of the applicant's proposed text amendment. On
May 8, 2006, the PEC recommended approval of the proposed
text amendment to the Vail Town Council, as modified by staff
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 17, Series of 2006, as presented.
10. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 12, Series of 2006,
an ordinance amending the official zoning map for the Town of Vail
in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning
Map; zoning the area more commonly referred to as the "Front
Door USFS land exchange parcel" to the Ski Base Recreation - 2
District (SBR-2), and setting forth details in regard thereto. (5 min.)
A complete legal description of the parcel is available for public
inspection at the Town of Vail Community Development
Department
ACTION REQUESTED OF COUNCIL: Approve, Approve with
modifications, or Deny Ordinance No. 12, Series of 2006 on
second reading.
BACKGROUND RATIONALE: On May 8, 2006, the Town of Vail
Planning and Environmental Commission held a public hearing on
the request to amend the Official Zoning Map of the Town of Vail.
Upon consideration of the request, the Commission unanimously
approved a motion recommending approval of the zoning
request to the Vail Town Council.
On May 16, 2006, the Vail Town Council approved Ordinance No.
12, Series of 2006 on first reading as presented.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 12, Series of 2006, on second reading.
11. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 15, Series of
2006, AN ORDINANCE EXTENDING A MORATORIUM ON THE
SUBMISSION AND PROCESSING OF BUILDING PERMITS AND
LAND USE APPROVALS IN THE LIONSHEAD MIXED USE 1
AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS WHICH
WOULD RESULT IN THE NET LOSS OF ACCOMMODATION
UNITS, PARKING SPACES AND EMPLOYEE HOUSING UNITS;
AND SETTING FORTH DETAILS IN REGARD THERETO. (5
min.)
ACTION REQUESTED OF COUNCIL: Approve Second
Reading of Ordinance No. 15 Series 2006.
BACKGROUND RATIONALE: On April 18, 2006 the Council
adopted Ordinance No. 13, Series 2006 establishing a sixty (60)
day moratorium on the submission and processing of building
permits and land use approvals in Lionshead Mixed Use 1 and 2
zone districts. Because of procedural requirements and time
necessary to effectuate the subject text amendments to Title 12,
Vail Town Code, it will be necessary to extend the moratorium for
an additional sixty (60) days.
STAFF RECOMMENDATION: Approve second reading of
Ordinance No. 15 Series 2006.
12. Matt Mire ITEM/TOPIC: RESOLUTION NO. 10, SERIES OF 2006. A
RESOLUTION APPROVING THE FRONT DOOR
DEVELOPMENT AGREEMENT (THE "AGREEMENT")
BETWEEN THE TOWN OF VAIL (THE "TOWN") AND THE VAIL
CORPORATION, D/B/A VAIL ASSOCIATES, INC., A
COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH
AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS
AND RESPONSIBILITIES OF THE TOWN AND VAIL
ASSOCIATES IN RELATION TO THE FRONT DOOR
DEVELOPMENT SITE OWNED BY VAIL ASSOCIATES AND
AFFILIATES. (30 min.)
ACTION REQUESTED OF COUNCIL: Consider Resolution No.
10, Series 2006, for approval.
BACKGROUND RATIONALE: the Town has previously
approved a development plan and design criteria proposed by Vail
Associates for the intended development of the "Front Door"
mixed-use real estate development project (the "Project"), the site
of which is located in the Town of Vail to the south of the Lodge at
Vail and the southerly end of Bridge Street and which borders
and/or subsumes the Vista Bahn ski yard on the site's east side
(the "Front Door Site"); The Town, acting through its applicable
departments and agencies (including the Director of Public Works
and the Director of Community Development), and Vail
Associates, on its own behalf and on behalf of its applicable
affiliates as the owners of the Front Door Site, have negotiated
terms and conditions for the Agreement to govern certain matters
related to the development of the Project, and the respective
rights and responsibilities of the Town and Vail Associates in
connection with those matters. The Town Council's approval and
authorization of the Agreement, and making of the Agreement, will
serve to satisfy certain conditions established by the Planning and
Environmental Commission as part of its approval of the
development plan for the Project; and
STAFF RECOMMENDATION: Approve Resolution No. 10,
Series 2006.
13. Matt Mire ITEM/TOPIC: Resolution No. 11, Series 2006, A Resolution
Adopting the Multi-Jurisdictional All-Hazard Pre-Disaster
Mitigation Plan for the Town of Vail. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No.
11, Series 2006.
BACKGROUND RATIONALE: The U.S. Congress passed the
Disaster Mitigation Act of 2000 ("Disaster Mitigation Act")
emphasizing the need for pre-disaster mitigation of potential
hazards. The Disaster Mitigation Act made available hazard
mitigation grants to state and local governments. The amount of
hazard mitigation grants available to state and local governments
is contingent upon the adoption of an approved pre-disaster
mitigation plan. The Town of Vail along with the Towns of Aspen,
Snowmass Village, Basalt, Avon, Eagle, Gypsum, Minturn, Red
Cliff, and Eagle County and Pitkin County, have developed a
multi-jurisdictional pre-disaster mitigation plan designed to
leverage their common characteristics and planning resources to
better prepare for potential hazards. The Town of Vail desires to
comply with the requirements of the Disaster Mitigation Act and to
augment its emergency planning efforts by formally adopting the
Multi-Jurisdictional All-Hazards Pre-Disaster Mitigation Plan for
Pitkin and Eagle Counties dated June 1, 2005.
STAFF RECOMMENDATION: Approve Resolution No. 11,
Series 2006.
14. ITEM/TOPIC: Town Manager's Report. (10 min.)
• Employee Down Payment Assistance Funding.
The TOV Down Payment Assistance program has successfully
assisted 27 employees in purchasing homes in the area. This
program has contributed to a 50% reduction in turnover rates over
the last four years. As demand for the program continues,
additional funding will be needed to maintain the positive results.
Since the program does not have a cost to the TOV Qust a loss of
potential interest earnings), it is a highly effective tool in employee
recruiting and retention. Council can expect a request for an
additional $50,000 in the available pool to lend to satisfy demand
as the program grows.
• Meadow Drive /Farmers Market.
15. ITEM/TOPIC: Adjournment. (9:00 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, JUNE 20, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, JUNE 20, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Laurie Assmussan ITEM/TOPIC: Acknowledgement of Vail America Days sponsors--
Millennium Bank and The Gallegos Corporation. Millennium is
entering its second year as the Presenting sponsor of the event.
The Gallegos Corporation has been a Community sponsor for
several years. (10 min.)
3. ITEM/TOPIC: Consent Agenda. (5 min.)
a. 2006 Election Judge Appointments for the July 11, 2006
Special Municipal Election.
ACTION REQUESTED OF COUNCIL: Appoint six regular and
absentee judges to participate in the July 11, 2006 special
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
Karen Morter, Mary Jo Allen, Holly Cole, Mary Caster, Mary Ann
Best, and Summer Holm to be the Town of Vail election judges.
RECOMMENDATION: Appoint six judges to assist with the July
11, 2006 at-the-polls special municipal election for the Town of
Vail.
4. Lorelei Donaldson ITEM/TOPIC: Appointment to the Vail Local Marketing District
Advisory Council (VLMDAC) board. (5 min.)
ACTION REQUESTED OF COUNCIL: Please interview the Vail
Local Marketing Board Advisory Council (VLMDAC) applicants at
the work session and appoint one applicant to fill a vacancy on the
VLMDAC (terms expire December 31, 2007) at the evening
meeting. (5 min.)
BACKGROUND RATIONALE: 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 one (1) application for the vacancy. The
Council needs to interview this applicant at the work session and
then appoint one applicant to the Vail Local Marketing District
Advisory Council at the evening meeting.
The applicant is as follows:
Laurie Mullen representing the Lion Square Lodge
RECOMMENDATION: Appoint one person to the VLMDAC
5. ITEM/TOPIC: Greenplay & RRC presentation of results for
VRD/TOV written survey and focus group input. (1 hr.)
6. Matt Mire ITEM/TOPIC: Town of Vail /Cascade Village Metropolitan District
Intergovernmental Agreement. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve the
Intergovernmental Agreement ("IGA") between the Town of Vail
and Cascade Village Metropolitan District regarding cost sharing
for the Westhaven Drive Pedestrian Bridge and for construction,
ownership, and future maintenance of the Gore Valley Trail
through Cascade Village.
BACKGROUND RATIONALE: In March of 2003, the Public
Works Department contacted the Cascade Village Metropolitan
District (CVMD) to discuss ownership, maintenance, and
easement issues in regards to the public recreation path through
Cascade Village. The path, now known as the Gore Valley Trail,
was an original approval requirement of Special Development
District 4 (Cascade Village) however at that time no easements or
maintenance agreements were ever executed with the Town.
Our initial goal was to consolidate the access easements and
develop a maintenance agreement whereby CVMD would
contribute towards path improvements and the Town would then
take over future maintenance of the path. At the same time,
CVMD had been discussing several capital improvement projects
in the area and was considering the possibility of seeking financial
assistance from the Town for improvements to Town-owned
facilities.
In June of 2005, the Town Council agreed to assist with funding
for two bridge projects in Cascade Village, however due to cost
increases, CVMD is moving forward with only the widening of the
Westhaven Drive Pedestrian Bridge. As part of the initial approval
for funding, CVMD has acquired a signed Recreation Path
Easement and Maintenance Agreement (see attached) for each
property crossed by the Gore Valley Trail with the exception of the
Westhaven Condominiums. Execution of the Agreement is a
condition of final approval and Certificate of Occupancy for the
project. Once all recreation path construction is completed, the
path will be surveyed and each of the documents can be executed
and recorded, most likely by the end of July 2006.
In order to finalize the approved funding, the attached IGA
requires approval.
STAFF RECOMMENDATION:
Staff recommends approval of the Intergovernmental Agreement
between the Town of Vail and Cascade Village Metropolitan
District.
7. Tom Kassmel ITEM/TOPIC: 2006 Roadway Maintenance Project. (10 min.)
ACTION REQUESTED OF COUNCIL: Authorize the Town
Manager to enter into an agreement with B&B Excavating to
complete the 2006 Roadway Maintenance Project. The exact cost
will be distributed prior to the Council meeting. (10 min.)
BACKGROUND RATIONALE: Staff has received one bid from
B&B Excavating for the 2006 Roadway Maintenance Project. The
project consists of a maintenance asphalt overlay on portions of
roads in East Vail, drainage improvements and an asphalt overlay
on Arosa Dr, Davos Tr, Garmish Dr and a portion of Chamonix Ln.
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 to complete the
2006 Roadway Maintenance Project.
8. Russ Forrest ITEM/TOPIC: State of Vail Report/Vail Vision and Community
Plan. (20 min.)
9. Rachel Friede ITEM/TOPIC: First reading of Ordinance 14, Series of 2006, an
ordinance amending Section 12-7H-5, Conditional Uses;
Generally (On all Levels of a Building or Outside of a Building), to
allow for seasonal use or structures used more than 7 days as a
conditional use in Lionshead Mixed Use I District; Section 12-7H-
18, Mitigation of Development Impacts, to clarify the inclusion of
an employee housing plan as a mitigation of development
impacts; Section 12-8C-3, Conditional Uses, to allow for ski lifts as
a conditional use of the Natural Area Preservation District;
Subsection 12-18-5B, Density Control, to clarify limitations on
structures which do not conform to density controls; Chapter 14-3,
Residential Access, Driveway and Parking Standards, to clarify
standards for access, driveway and parking for commercial
properties; and Chapter 14-6, Grading Standards, to clarify
requirements for retaining walls, Vail Town Code. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 14, Series of 2006 on first
reading.
BACKGROUND: The Town Council periodically approves
Housekeeping Ordinances that clarify inconsistencies with specific
code sections, many of which have occurred through zoning code
amendments, changes in procedures, or errors in codification. On
June 12, 2006, the Planning and Environmental Commission
forwarded a recommendation of approval to the Vail Town Council
for the proposed text amendments identified in Ordinance No. 14,
Series of 2006. The motion made by the PEC included some
changes to the original proposal by Staff, to be outlined in the
Town Council memo.
STAFF RECOMMENDATION: The Department of Community
Development recommends that the Vail Town Council approve
Ordinance No. 14, Series of 2006, on first reading.
10. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. 17, Series of 2006,
an ordinance amending Section 12-21-14E, Restrictions in
Specific Zones on Excessive Slopes, Vail Town Code, pursuant to
Section 12-3-7, Amendments, Vail Town Code, to allow for an
amendment to increase the amount of allowable site coverage on
lots with excessive slopes, from a maximum of 15% to a maximum
of 20%, and setting forth details in regard thereto. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 17, Series of 2006.
BACKGROUND RATIONALE: On April 24, 2006, the Planning
and Environmental Commission (PEC) conducted a work session
during which staff was directed to draft changes to their suggested
modified version of the applicant's proposed text amendment. On
May 8, 2006, the PEC recommended approval of the proposed
text amendment to the Vail Town Council, as modified by staff
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 17, Series of 2006, as presented.
11. ITEM/TOPIC: Town Manager's Report. (10 min.)
The Vail Police Department's Annual Report for 2005 is
included in this week's Council packet. Please contact Chief
Dwight Henninger if you have any questions or comments.
12. ITEM/TOPIC: Adjournment. (8:50 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, JULY 11, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, JULY 11, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. John Power ITEM/TOPIC: Introduction of Jim Hervert from Public Works who
is this year's recipient of the CIRSA Safety Champion Award. (5
min.)
3. ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 06.06.06 and 06.20.06 Evening Session Minutes.
4. Judy Camp ITEM/TOPIC: Timber Ridge Financial Update. (20 min.)
ACTION REQUESTED OF COUNCIL: Listen to report on Timber
Ridge financial issues and provide feedback to staff on the Timber
Ridge Affordable Housing Corporation (TRAHC) board.
BACKGROUND RATIONALE: The rate cap on the Timber
Ridge bonds expires on August 1, 2006. Given the recent
continued acceleration in interest rates, it will be impossible to
purchase a new cap at the same level as previously projected.
STAFF RECOMMENDATION: None -information only.
5. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. 17, Series of 2006,
an ordinance amending Section 12-21-14E, Restrictions in
Specific Zones on Excessive Slopes, Vail Town Code, pursuant to
Section 12-3-7, Amendments, Vail Town Code, to allow for an
amendment to increase the amount of allowable site coverage on
lots with excessive slopes, from a maximum of 15% to a maximum
of 20%, and setting forth details in regard thereto. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 17, Series of 2006.
BACKGROUND RATIONALE: On April 24, 2006, the Planning
and Environmental Commission (PEC) conducted a work session
during which staff was directed to draft changes to their suggested
modified version of the applicant's proposed text amendment. On
May 8, 2006, the PEC recommended approval of the proposed
text amendment to the Vail Town Council, as modified by staff
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 17, Series of 2006, as presented.
6. Rachel Friede ITEM/TOPIC: Second reading of Ordinance 14, Series of 2006
(Housekeeping Ordinance). (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 14, Series of 2006 on
second reading.
BACKGROUND: The Town Council periodically approves
Housekeeping Ordinances that clarify inconsistencies within
specific code sections, many of which have occurred through
zoning code amendments, changes in procedures, or errors in
codification.
On June 20, 2006, the Town Council approved Ordinance 14,
Series of 2006, with the modification of deleting the proposed text
amendment to Section 12-8C-3, Conditional Uses, that would
have allowed for ski lifts as a conditional use within the Natural
Area Preservation District.
STAFF RECOMMENDATION: The Department of Community
Development recommends that the Vail Town Council approve
Ordinance No. 14, Series of 2006, on second reading.
7. George Ruther ITEM/TOPIC: Resolution No. 4, Series of 2006, a resolution
amending Section 2.3.3 Stronger Economic Base Through
Increased Live Beds, Chapter 4Recommendations-Overall Study
Area, and Chapter 5 Detailed Plan Recommendations to establish
policies for the preservation and enhancement of the number of
live beads in LionsHead, and setting forth details in regard thereto.
(20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution No. 4, Series of 2006.
BACKGROUND RATIONALE: On June 26, 2006, the Town of
Vail Planning & Environmental Commission held a public hearing
on the proposed amendments to the LionsHead Redevelopment
Master Plan. Following discussion on the amendments, the
Commission voted 5-0-1 (Pierce recused) to forward a
recommendation of approval to the Town Council. In voting to
recommend approval, however the Commission requested that
several modifications be made to the amendments. The
modifications recommended by the Commission are noted in blue
text in the resolution.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Resolution No. 4, Series of 2006, as presented.
8. ITEM/TOPIC: Town Manager's Report. (10 min.)
9. ITEM/TOPIC: Adjournment. (7:30 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, JULY 18, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, JULY 18, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Matt Gennett ITEM /TOPIC: Bell Tower. 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: The Bell Tower Building is in the
process of undergoing design review for an application to two gables
to encroach slightly over Gore Creek Drive, and for a new stone
veneer with cap on the south side of the building to encroach as well.
The applicant has already received design review board approval,
with conditions for their design, the condition being Town Council
permission to proceed. Presently, the existing Bell Tower roof
overhang encroaches over Town of Vail property. The applicants are
prepared to enter into an encroachment agreement with the Town.
STAFF RECOMMENDATION: he Community Development
Department recommends the Town Council approves the applicant's
request to proceed through the development review process and
apply for a building permit upon the execution of the encroachment
agreement.
3. ITEM/TOPIC: Proclamation No. 3, Series of 2006. (Helen Fritch
Day) (10 min.)
4. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 6, Series 2006, An
ordinance repealing and reenacting Title 9, Chapter 1, Vail Town
Code regarding water quality within the Town of Vail; and setting
forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendment or deny Ordinance No. 6, Series 2006, on first
reading.
BACKGROUND RATIONALE: This ordinance provides
definitions and amendments to Title 9, Vail Town Code which, will
further clarify prohibited acts and provide for more effective
enforcement by the Town to prevent injury to the Town water
supplies.
STAFF RECOMMENDATION: Approve First Reading of
Ordinance No. 6 Series 2006.
5. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. 17, Series of 2006,
an ordinance amending Section 12-21-14E, Restrictions in
Specific Zones on Excessive Slopes, Vail Town Code, pursuant to
Section 12-3-7, Amendments, Vail Town Code, to allow for an
amendment to increase the amount of allowable site coverage on
lots with excessive slopes, from a maximum of 15% to a maximum
of 20%, and setting forth details in regard thereto. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 17, Series of 2006.
BACKGROUND RATIONALE: On April 24, 2006, the Planning
and Environmental Commission (PEC) conducted a work session
during which staff was directed to draft changes to their suggested
modified version of the applicant's proposed text amendment. On
May 8, 2006, the PEC recommended approval of the proposed
text amendment to the Vail Town Council, as modified by staff
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 17, Series of 2006, as presented.
6. Matt Mire ITEM/TOPIC: Consideration of Ordinance No. 18, Series 2006,
An Emergency Ordinance Amending Title 5, Chapter 9, Vail Town
Code Regarding Wildlife Protection in the Town of Vail; and
setting forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve or deny
Ordinance No. 18, Series of 2006.
BACKGROUND RATIONALE: The Council has directed the
staff to prepare a new and more effective wildlife protection
ordinance. Until such time that said legislation can be considered
and approved by the Town Council, Ordinance 18 operates to
create a "zero tolerance" policy for violation of the current wildlife
protection regulations. More specifically, the ordinance removes
from the Town Code all requirements of warnings to alleged
violators, as well as any maximum fine amounts. Thus, making a
first offense punishable by the maximum penalties available to the
Municipal Court (up to $999 and up to 180 days in jail for each
offense).
STAFF RECOMMENDATION: Approve Emergency Ordinance
No. 18, Series of 2006.
7. George Ruther ITEM/TOPIC: Resolution No. 4, Series of 2006, a resolution
amending Section 2.3.3 Stronger Economic Base Through
Increased Live Beds, Chapter 4Recommendations-Overall Study
Area, and Chapter 5 Detailed Plan Recommendations to establish
policies for the preservation and enhancement of the number of
live beads in LionsHead, and setting forth details in regard thereto.
(20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution No. 4, Series of 2006.
BACKGROUND RATIONALE: On June 26, 2006, the Town of
Vail Planning & Environmental Commission held a public hearing
on the proposed amendments to the LionsHead Redevelopment
Master Plan. Following discussion on the amendments, the
Commission voted 5-0-1 (Pierce recused) to forward a
recommendation of approval to the Town Council. In voting to
recommend approval, however the Commission requested that
several modifications be made to the amendments. The
modifications recommended by the Commission are noted in blue
text in the resolution.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Resolution No. 4, Series of 2006, as presented.
8. Ron Braden ITEM/TOPIC: Resolution No. 14, Series of 2006. A Resolution
Matt Mire approving and authorizing the wireless broadband network and
lease agreement (the "Agreement") between the Town of Vail
(the" Town") and CenturyTel Broadband Services, LLC
("CenturyTel"), which agreement pertains to certain respective
rights and responsibilities of the Town and CenturyTel in relation
to providing atown-wide wireless broadband network. (20 min.)
ACTION REQUESTED OF COUNCIL: Consider Resolution No.
14, Series 2006, for approval.
BACKGROUND RATIONALE: At the request of council, the
Town of Vail issued an RFP for a Town Wide Wireless Network on
March 17, 2006. On May 12, 2006 the committee selected
CenturyTel for award of the wireless RFP. After extensive
negotiations with CenturyTel, we are pleased to now present an
agreement for council's approval.
STAFF RECOMMENDATION: Approve Resolution No. 14,
Series 2006.
9. ITEM/TOPIC: Town Manager's Report. (10 min.)
10. ITEM/TOPIC: Adjournment. (7:45 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, AUGUST 1, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M., TUESDAY, AUGUST 1, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 07.11.06 and 07.18.06 Minutes.
3. Matt Mire ITEM/TOPIC: Discussion regarding amendments to the Town of
Vail Wildlife Protection regulations. (45 min.)
ACTION REQUESTED OF COUNCIL: Review the staff
memorandum contained in the packet and discuss possible
amendments to the Town of Vail Wildlife Protection regulations to
more effectively further the purpose of the Wildlife Protection
Chapter of the Vail Town Code.
BACKGROUND RATIONALE: In August of 2002, and in
response to a dramatic increase human-bear conflicts, the Vail
Town Council adopted Ordinance No. 19, Series 2002, which
amended the Vail Town Code to include a Chapter regarding the
Wildlife Protection. The stated purpose of the Wildlife Protection
chapter was to "protect and maintain wildlife in the Town of Vail
and surrounding areas and to minimize the risk of dangerous
interaction between humans and wildlife." On July 11, 2006, and
based upon the testimony from town staff and Bill Andree of the
Colorado Department of Wildlife, regarding the effectiveness of
the 2002 ordinance, the Council directed staff to prepare an
agenda item for the Council's consideration of amendments to the
Wildlife Protection Chapter which would more effectively serve the
purpose set forth above. On July 18, 2006, the Council passed
an emergency measure which removed the requirements for
warnings to first time offenders from the current Wildlife Protection
regulations and also eliminated maximum fine amounts.
Accordingly, first time offenders of the current Wildlife Protection
regulations are now subject to the General Penalty provision of
the code (up to $999 in fines and incarceration of up to 180 days,
1
or both).
STAFF RECOMMENDATION: See memorandum for staff
recommendations.
4. Russ Forrest ITEM/TOPIC: LionsHead Parking Structure Request For
Proposals (RFP). (30 min.)
ACTION REQUESTED OF COUNCIL: Provide direction to staff on
whether to extend an invitation to either of the competing
developers to submit proposal and provide direction on next steps.
BACKGROUND: The afternoon work session with the Vail Town
Council and two members of the PEC and two members of the
DRB is intended to provide an opportunity to interview the two
competing developers that have responded to the LionsHead
RFP. Those two developers include:
East West Partners, and Open Hospitality Partners & Hillwood
Capital Partnership
At the evening meeting staff is requesting that the Town Council
receive public input on the LionsHead RFP and then provide
direction to staff on whether to invite the above mentioned
developers to submit proposals to the Town based on the process
and schedule provided in the staff memorandum. Council is also
requested to provide input on any changes or modifications they
would like to see in the proposed process provided in the staff
memorandum.
5. Bill Gibson ITEM/TOPIC: An appeal of the Town of Vail Planning and
Environmental Commission's approval, with conditions, of a major
exterior alteration, pursuant to Section 12-7H-7, Major Exterior
Alterations or Modifications, Vail Town Code, to allow for the
renovation of the Lion Square Lodge North, located at 660 West
LionsHead Place/Lot 8, Block 1, Vail LionsHead Filing 3, and
setting forth details in regard thereto. (PEC06-0019) (20 min.)
ACTION REQUESTED OF COUNCIL: Uphold, overturn, or
modify the Planning and Environmental Commission's approval,
with conditions, of a major exterior alteration, pursuant to Section
12-7H-7, Major Exterior Alterations or Modifications, Vail Town
Code, to allow for the renovation of the Lion Square Lodge North,
located at 660 West LionsHead Place/Lot 8, Block 1, Vail
LionsHead Filing 3, and setting forth details in regard thereto.
BACKGROUND RATIONALE: On June 26, 2006, the Planning
and Environmental Commission's approved, with conditions, a
final review of a major exterior alteration, pursuant to Section 12-
2
7H-7, Major Exterior Alterations or Modifications, Vail Town Code,
to allow for the renovation of the Lion Square Lodge North,
located at 660 West LionsHead Place/Lot 8, Block 1, Vail
LionsHead Filing 3, and setting forth details in regard thereto.
The Vail Town Council "called-up" this Planning and
Environmental Commission action at its July 11, 2006, hearing.
Additionally, the Montaneros Condominium Association, Inc. has
also filed an appeal of this Planning and Environmental
Commission action. Please refer to the staff memorandum to the
Planning and Environmental Commission dated June 26, 2006, for
additional information.
6. Matt Mire ITEM/TOPIC: Crossroads/Solaris request for assistance in
eliminating certain restrictive covenants of Vail Village First Filing,
which may likely prohibit the `public amenities' as approved by the
Town as part of Special Development District No. 39, Crossroads.
(10 min.)
ACTION REQUESTED OF COUNCIL: Discuss the request set
forth in the correspondence included in your packet to the Town
Attorney, dated July 17, 2006, from Reed F. Weily, Esq.,
regarding the Town's assistance in eliminating the above-
referenced restrictive covenants, and provide staff direction on
next steps.
BACKGROUND RATIONALE: Certain restrictive covenants of
Vail Village First Filing may prohibit the public amenities as
approved for the Crossroads/Solaris redevelopment, also known
as Special Development District 39. Accordingly, the developer
has requested the Town's assistance, along with the assistance of
the Vail Reinvestment Authority, to eliminate the subject restrictive
covenants.
STAFF RECOMMENDATION: Direct, via motion, the Director of
Community Development to start the process, as requested, by
commissioning the appropriate study of the subject area and
taking any additional steps, including the preparation of an urban
renewal plan for council approval.
7. Tom Kassmel ITEM/TOPIC: Eagle River Water and Sanitation District Easement
Request. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve Eagle River
Water and Sanitation District's request for a Utility easement in an
unplatted Town of Vail Tract.
BACKGROUND RATIONALE: ERWSD is relocating an existing
sanitary sewer line from an existing utility bridge to a Town of Vail
3
owned Tract that lies due south of the ERWSD building along W.
Forest Rd. The below ground installation will require a Utility
Easement.
STAFF RECOMMENDATION: Approve utility easement as shown
with the condition that within one year of the removal of all
ERWSD utilities from the existing utility bridge, the utility bridge be
removed.
8. Matt Mire ITEM/TOPIC: Ordinance No. 19, Series of 2006, AN
EMERGENCY ORDINANCE REPEALING A MORATORIUM ON
THE SUBMISSION AND PROCESSING OF BUILDING PERMITS
AND LAND USE APPROVALS IN THE LIONSHEAD MIXED USE
1 AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS WHICH
WOULD RESULT IN THE NET LOSS OF ACCOMMODATION
UNITS, PARKING SPACES AND EMPLOYEE HOUSING UNITS;
AND SETTING FORTH DETAILS IN REGARD THERETO. (10
min.)
ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 19
Series 2006.
BACKGROUND RATIONALE: On April 18, 2006 the Council
adopted Ordinance No. 13, Series 2006 establishing a sixty (60)
day moratorium on the submission and processing of building
permits and land use approvals in LionsHead Mixed Use 1 and 2
zone districts. Said Moratorium was extended for an additional
sixty days, via Ordinance No. 15, Series 2006. Because the
council has now effectuated relevant text amendments to the
LionsHead Redevelopment Master Plan, via Resolution No. 4,
Series 2006, the moratorium is no longer necessary.
STAFF RECOMMENDATION: Approve Ordinance No. 19, Series
2006.
9. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 6, Series 2006,
An ordinance repealing and reenacting Title 9, Chapter 1, Vail
Town Code regarding water quality within the Town of Vail; and
setting forth details in regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve second reading
of Ordinance No. 6, Series 2006.
BACKGROUND RATIONALE: This ordinance provides
definitions and amendments to Title 9, Vail Town Code which, will
further clarify prohibited acts and provide for more effective
enforcement by the Town to prevent injury to the Town water
supplies.
STAFF RECOMMENDATION: Approve Second Reading of
4
Ordinance No. 6 Series 2006.
10. Matt Gennett ITEM/TOPIC: ITEM/TOPIC: Second reading of Ordinance No. 17,
Series of 2006, an ordinance amending Section 12-21-14E,
Restrictions in Specific Zones on Excessive Slopes, Vail Town
Code, pursuant to Section 12-3-7, Amendments, Vail Town Code,
to allow for an amendment to increase the amount of allowable
site coverage on lots with excessive slopes from a maximum of
15% to a maximum of 20% but limiting site disturbance to 60% on
such lots, and setting forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 17, Series of 2006.
BACKGROUND RATIONALE: On April 24, 2006, the Planning
and Environmental Commission (PEC) conducted a work session
during which staff was directed to draft changes to their suggested
modified version of the applicant's proposed text amendment. On
May 8, 2006, the PEC recommended approval of the proposed
text amendment to the Vail Town Council, as modified by staff.
On July 18, 2006, the Vail Town Council approved Ordinance No.
17, 2006, as written upon first reading.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 17, Series of 2006, as written.
11. Tom Kassmel ITEM/TOPIC: Resolution No. 15, Series of 2006, A Resolution
authorizing the Town Manager to enter into an Intergovernmental
Agreement with CDOT. (10 min.)
ACTION REQUESTED OF COUNCIL: Pass by Resolution to
authorize the Town Manager to
Agreement with CDOT in order
Maintenance Project Frontage
amount of $ 330,000.00.
enter into an Intergovernmental
to complete the 2006 Roadway
Road Overlay project for the
BACKGROUND RATIONALE: Council approved the Town of
Vail entering into a contract with B&B Excavating for the
completion of the 2006 Roadway Maintenance Project on June
20th of this year. The project consisted of a maintenance asphalt
overlay on portions of roads in East Vail, drainage improvements
and an asphalt overlay on Arosa Dr, Davos Tr, Garmish Dr and a
portion of Chamonix Ln. The work also included an asphalt
overlay on the S. Frontage Rd. west of the West Vail Roundabout
that was approved on the condition that the Town would enter into
an IGA with CDOT for reimbursement. The project was budgeted
as follows:
$ 642,842.08 Capital Street Maintenance Budget
$ 25,000.00 RETT-Trailhead Improvements Budget
5
$ 128,896.52 CDOT
Since that approval CDOT has been able to appropriate additional
funding in the total amount of $330,000 for additional maintenance
asphalt overlays on the Frontage Rds.
A copy of the IGA has been submitted to the Town for approval.
STAFF RECOMMENDATION: Pass by Resolution to authorize
the Town Manager to enter into an Intergovernmental Agreement
with CDOT in the amount of $330,000.00 for maintenance
overlays of the Frontage Roads. The amount will be reimbursed
to the Town by CDOT at the completion of the project.
12. ITEM/TOPIC: Town Manager's Report. (10 min.)
Possible TOV sponsorship of Copper Mountain Consolidated
Metro District for membership in CIRSA.
13. ITEM/TOPIC: Adjournment. (8:50 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, AUGUST 15, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, AUGUST 15, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Matt Mire ITEM/TOPIC: Council "call-up" of Commission on Special Events
("CSE") decision to award a services contract without an
advertisement, request for proposals ("RFP") or other bid process.
(5 min.)
ACTION REQUESTED OF COUNCIL: uphold, uphold with
conditions or reverse the decision of the CSE.
BACKGROUND RATIONALE: On July 25, 2006, The CSE
awarded a contract for $25,000.00 to Stephen Connelly. The
contract is for Special Event Guide and Application. On August 1,
2006, and pursuant to Section 3-6-8(a) Vail Town Code, the Town
Council called-up the decision of the CSE.
STAFF RECOMMENDATION: Require the contract to be subject
to an RFP.
3. Matt Mire ITEM/TOPIC: Discussion of First reading of Ordinance No. 20,
Series 2006, An Ordinance Repealing and Reenacting Title 5,
Chapter 9 "Wildlife Protection," Vail Town Code; Establishing
Regulations and Standards Regarding the Protection of Wildlife;
and setting forth details in regard thereto. (30 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments, or deny first reading of Ordinance No. 20, Series of
2006.
BACKGROUND RATIONALE: In August of 2002, and in
response to a dramatic increase in human-bear conflicts, the Vail
Town Council (the "Council") adopted Ordinance No. 19, Series
2002, which amended the Vail Town Code (the "Code") to include
a Chapter regarding Wildlife Protection. The stated purpose of the
Wildlife Protection chapter was to "protect and maintain wildlife
in the Town of Vail and surrounding areas and to minimize
the risk of dangerous interaction between humans and
wildlife." On July 11, 2006, and based upon the testimony from
town staff and Bill Andree of the Colorado Department of Wildlife,
regarding the effectiveness of the 2002 ordinance, the Council
directed staff to prepare amendments to the Wildlife Protection
which would more effectively serve the purpose set forth above.
On July 18, 2006, the Council passed an emergency measure
which removed the warning requirement for first time offenders
from the current Wildlife Protection regulations and also eliminated
the maximum fine amounts set forth in the Code. Accordingly,
first time offenders of the current Wildlife Protection regulations
are now subject to the General Penalty provision of the Code (up
to $999 in fines and incarceration of up to 180 days, or both). On
August 1, 2006, the council heard testimony and evidence from
Town Staff, members of the community, licensed waste haulers
and the Colorado Division of Wildlife. The Council then provided
direction to amend the current regulations.
Options
As you are aware, the options discussed below are not the only
options available to you, and they are generally not mutually
exclusive. The options merely reflect the two desired concepts as
expressed the Town Council Meeting of August 1, 2006.
A. Version # 1 -Requires all Town of Vail residents to obtain
by April 15, 2007, at aminimum, AWildlife-Resistant Refuse
Container (sturdy plastic with lid and latching mechanism. In
addition, said container when not in use must be stored in a
house, garage or other enclosure. If unable to store as such, then
must have Wildlife-Proof Refuse Container (metal), or an
approved enclosure.
B. Version # 2 -Requires residents to obtain aWildlife-
Resistant Refuse Container, ONLY if their own container cannot
be stored securely in a house, garage or other enclosure when not
in use.
C. Both Versions -Require the following:
• The "Dawn to Dusk" (6:00 am - 7:00 pm) regulation to be
followed on a year round basis.
• Construction sites to have separate containers with refuse
edible by Wildlife emptied at the end of each day, or
Wildlife-Proof containers.
• Special Event Refuse must be emptied at the end of each
day and stored in the appropriate type of refuse container.
• Multi-family and Commercial refuse which is edible by
Wildlife must be stored in a Wildlife-Proof Refuse
Container (metal), or aWildlife-Resistant Enclosure.
• Intentional and unintentional feeding of Wildlife is
prohibited.
• Compliance period is April 15, 2007, for those requiring
special containers or enclosures.
STAFF RECOMMENDATION: Approve, approve with
amendments or deny first reading of Ordinance No. 20, Series of
2006.
4. Kathleen Halloran ITEM/TOPIC: FIRST READING OF ORDINANCE NO. 21, Series
of 2006, AN ORDINANCE MAKING SUPPLEMENTAL
APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND,
CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX
FUND, HEAVY EQYUIPMENT FUND, AND DISPATCH
SERVICES FUND OF THE 2006 BUDGET FOR THE TOWN OF
VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES
OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND
SETTING FORTH DETAILS IN REGARD THERETO. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments the first reading of Ordinance No. 21, Series of
2006.
BACKGROUND RATIONALE: To be provided in a separate
memo.
STAFF RECOMMENDATION: Staff recommends that the Town
Council approves or approves with amendments Ordinance No.
21, Series of 2006, upon first reading.
5. Bill Gibson ITEM/TOPIC: Resolution No. 17, Series of 2006, a resolution
amending certain sections of the LionsHead Redevelopment
Master Plan revising the detailed plan recommendations for future
development on the Ski Yard and Lion Square Lodge
development sites, as prescribed in Chapter 5 of the LionsHead
Redevelopment Master Plan, and setting forth details in regard
thereto. (25 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution No. 17, Series of 2006.
BACKGROUND RATIONALE: On August 14, 2006, the Town of
Vail Planning and Environmental Commission will hold a public
hearing on the proposed amendments to the LionsHead
Redevelopment Master Plan. Following discussion on the
amendments, the Commission will forward a recommendation to
the Town Council.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Resolution No. 17, Series of 2006.
6. ITEM/TOPIC: Town Manager's Report. (10 min.)
7. ITEM/TOPIC: Adjournment. (7:15 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, SEPTEMBER 5, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M., TUESDAY, SEPTEMBER 5, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 08.01.06 and 08.15.06 Minutes.
3. Lorelei Donaldson ITEM/TOPIC: Commission on Special Events (CSE) Appointment.
(5 min.)
ACTION REQUESTED OF COUNCIL: Appoint one applicant to
the CSE; one member shall be appointed to fill the vacancy which
exists and ends on December 31, 2006.
BACKGROUND RATIONALE: One vacancy exists on the Town
of Vail Commission on Special Events (CSE). 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.
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.
The Town received three (3) applications for the vacancy. The
Council needs to interview each applicant at the work session and
then appointment one applicant to the CSE at the evening
meeting.
CSE meetings are generally held on the morning of the fourth
Tuesday of each month. Although the position is voluntary, the
Town provides each member with a blue parking pass in
appreciation of the contribution to our community.
The applicants are as follows:
Rayla Kundolf
Tom Neyens
Heather Trub
RECOMMENDATION: Appoint one member to the CSE, to fill a
vacancy, term ending December 31, 2006.
4. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.)
a. Sign Code Questions.
On August 1, 2006 the Community Development Department
reviewed several issues related to signage and outdoor displays
with the request to either begin consistent enforcement of the
current code or make modifications to the code. At the conclusion
of the work session, The Town Council directed staff to make
several modifications to the code. Based on that Council meeting
and subsequent discussions with merchants, staff would propose
evaluating and updating the code as it relates to several specific
issues:
1. Seasonal (summer) promotional signage
2. Menu Special Boards
3. Creating a lease option for outdoor displays on public
property
Staff would propose first using the Economic Council to develop
policy solutions to these questions and then having 1-2 broader
discussions with the merchant community to discuss proposed
policy solutions.
5. Greg Hall ITEM/TOPIC: Construction Update. (5 min.)
6. Greg Hall ITEM/TOPIC: Review and approve recommendations of the
Parking Task Force for 2006-2007 season. (15 min.)
ACTION REQUESTED OF COUNCIL: Review the parking
recommendations of the parking Task Force and approve parking
policies for 2006 -2007.
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 task force
met and has recommended an adjustment in rates to meet
increased operating costs and lessen the previous steep increase
between the 1 and %2 hour and two hour time frame. They
recommend a small increase to gold pass price to reflect the
increase in the daily rate.
STAFF RECOMMENDATION: The parking task force
recommended the following changes to the parking policies for the
2005-2006 season.
Existing Rates Fees Are Good 7 Davs A Week
Less then 1 %2 hour Free
1%2to2hr. $ 4
2to4hr. $10
4to6hr. $15
6 to 24 hr. $ 16 All Day Cap
Proposed Rates Fees Are Good 7 Davs A Week
Less then 1 %2 hour Free
1%2to2hr. $ 4
2to3hr. $ 8
3to4hr. $12
4to5hr. $16
5hr to 24 hr $ 17 All Day Cap
Gold Pass increases $50 from $2000 to $2050.
7. Russ Forrest ITEM/TOPIC: LionsHead Parking Structure RFP. (10 min.)
ACTION REQUESTED OF COUNCIL:
1) Review and receive direction on funding for resources to assist
in the due diligence of the LionsHead Parking Structure RFP
process;
2) Review how the project goals are proposed to be reformatted
as criteria for a selection process; and
3) Review next steps.
BACKGROUND
On August 1St the Vail Town Council directed staff to invite Open
Hospitality Partners and East West Partners to prepare proposals
consistent with the LionsHead Parking Structure RFP. Staff has
provided a revised schedule to allow for additional public input and
consideration. In addition, the Town Council asked that an
appraisal be completed on the property and that resources be
obtained to review the financial plan and construction plans for the
proposals as part of the selection process. The memorandum for
this item includes a proposed budget that is also included in the
2nd reading of the supplemental budget to be considered on
September Stn
8. 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 denial of floodplain modifications, pursuant to
Chapter 14-6, Grading Standards, Vail Town Code, to allow for
modifications to the Town of Vail White Water Park, in the Gore
Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1,
(generally located east of the International Bridge on Willow
Bridge Road), and setting forth details in regard thereto. (PEC06-
0050) (5 min.)
ACTION REQUESTED OF COUNCIL: Table this item to
September 19, 2006, to address an issue related to the public
hearing notice.
BACKGROUND RATIONALE: On August 7, 2006, the Town of
Vail Planning and Environmental Commission denied a floodplain
modification request, pursuant to Chapter 14-6, Grading
Standards, Vail Town Code, to allow for modifications to the Town
of Vail White Water Park, in the Gore Creek floodplain, located at
Tract I, Block 5E, Vail Village Filing 1, (generally located east of
the International Bridge on Willow Bridge Road). On August 15,
2006, the Town Council "called-up" this Planning and
Environmental Commission action.
9. Gregg Barrie ITEM/TOPIC: Bighorn Park Playground Improvements. (15 min.)
ACTION REQUESTED OF COUNCIL: During the Work Session,
staff will be requesting the Council to choose an option for
proceeding with the Bighorn Park Playground Renovation.
Depending on the outcome of the Work Session, staff is
requesting approval of a project budget and approval for the Town
Manager to enter into a contract for construction of the project.
BACKGROUND RATIONALE: In February of 2006, town Staff
presented a Plan for the renovation of the Bighorn Park
Playground to the Town Council. Feedback was generally
positive and the Council informally approved the design. Only one
proposal for construction was received and it was substantially
higher than the cost estimate. Several options for proceeding with
the project are outlined in the attached memo.
As with our past several playground renovations, custom play
structures and the inclusion of artwork are the basis for the
design. The Bighorn Park design is based on the construction of
wooden sculptures that would serve as play structures to which
various play equipment such as slides, bridges, and ladders could
be attached. The sculptures, or "Blooms", are shaped as inverted
cones and constructed of lodge pole pine killed by mountain pine
beetle.
The design creates a unique playground that blends with Bighorn
Park's natural setting, reuses some of the existing play structure
and site elements, and generally follows the comments we
received from the Neighborhood Open House.
STAFF RECOMMENDATION: Review the Alternatives outlined in
the attached memorandum and provide a recommendation to staff
for proceeding with the project. Staff can look within existing
budgets to pay for increased costs.
10. TRAHC Board ITEM/TOPIC: Timber Ridge Affordable Housing Corporation
(TRAHC) Update. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve use of buy-down
funds for additional remediation
BACKGROUND RATIONALE: The board of Timber Ridge
Affordable Housing Corporation requests $200,000 from the
town's existing buy-down budget for use in remediating additional
units. Currently 158 units have been remediated and are rented.
An additional 18 units are in process of remediation. Cash flow
with the additional 18 units is projected to turn negative in 2009
when the first principal payments become due on the Series A
bonds. At least three employers have indicated interest in master
leasing more than the 18 units in process. A sewer blockage,
which was previously though to be a more serious problem, has
been repaired in the two remaining buildings and a plan for
remediation has been discussed with a hygienist. Remediating
the final buildings will provide 24 units of housing this year and
provide positive cash flow indefinitely.
STAFF RECOMMENDATION: Allocate $200,000 from the
housing buy-down program in the Capital Projects Fund 2006 for
Timber Ridge remediation.
11. Judy Camp ITEM/TOPIC: SECOND READING OF ORDINANCE NO. 21,
Series of 2006, AN ORDINANCE MAKING SUPPLEMENTAL
APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND,
CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX
FUND, HEAVY EQYUIPMENT FUND, AND DISPATCH SERVICES
FUND OF THE 2006 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 second reading of Ordinance No. 21, Series of
2006.
BACKGROUND RATIONALE: To be provided in a separate
memo.
STAFF RECOMMENDATION: Staff recommends that the Town
Council approves or approves with amendments Ordinance No. 21,
Series of 2006, upon second reading.
12. Matt Mire ITEM/TOPIC: Ordinance No. 23, Series of 2006, AN ORDINANCE
SUBMITTING A PROPOSED AMENDMENT TO THE TOWN OF
VAIL HOME RULE CHARTER TO THE VOTERS OF THE TOWN
PURSUANT TO COLORADO REVISED STATUTES, SECTION
31-2-210 AND DECLARING AN EMERGENCY. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve or deny
Ordinance No. 23, Series 2006.
BACKGROUND RATIONALE: Section 31-2-210 of the Colorado
Revised Statutes authorizes the governing body of a Colorado
home rule municipality to submit proposed Home Rule Charter
amendments to the voters of such municipality by ordinance. The
Town of Vail (the "Town") Town Council (the "Council") has
requested to review proposed language amending Section 3.2
concerning terms of council members. The proposed language
would make all terms of council members to be four (4) years
starting in 2009. The proposed language will NOT change the
current term limits of 8 years (or with the new language = 2 terms).
STAFF RECOMMENDATION: Approve Ordinance No. 23, Series
2006.
13. Dwight Henninger ITEM/TOPIC: Resolution No. 16, Series 2006, A Resolution
Directing All Members of the Town of Vail Police Department to
Cooperate with the State and Federal Officials with the Regard to
Enforcement of State and Federal Laws Regarding Immigration
and Further Directing all Members of the Town of Vail Police
Department to Comply with the Requirements of Colorado
Revised Statues (C.R.S.) § 29-29-103(2)(a). (10 min.)
ACTION REQUESTED OF COUNCIL: Consider Resolution No.
16, Series 2006, for approval.
BACKGROUND RATIONALE: The General Assembly of the
State of Colorado has enacted legislation designated as SB06-
090, setting forth certain policies and regulations regarding
immigration. A portion of SB06-090 has been incorporated into
the Colorado Revised Statues (C.R.S.) as C.R.S. § 29-29-103.
Colorado Revised Statues § 29-29-103(2)(a), sets out certain
requirements for local peace officers to comply with concerning
immigration. C.R.S. § 29-29-103 requires the local governing
body of each local government to pass a resolution of this type,
specifically directing its peace officers to cooperate with state and
federal officials with regards to enforcement of state and federal
laws regarding immigration and further directing its peace officers
to comply with the provisions of C.R.S. § 29-29-103(2)(a), even
though a resolution directing local police officers to comply with
other duly enacted state statutes has never been required or
necessary. The Colorado General Assembly has declared that
any local government violating C.R.S. § 29-29-103(1) or (2)(b)
shall not be eligible to receive local government financial
assistance through grants administered by the Department of
Local Affairs until such time as the local government is in
compliance with C.R.S. § 29-29-103(1)(2).
STAFF RECOMMENDATION: Approve Resolution No. 16,
Series 2006.
14. 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, SEPTEMBER 19, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, SEPTEMBER 19, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
3. Arn Menconi ITEM/TOPIC: Ballot initiative. (10 min.)
4. Warren Campbell ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Design Review Board's
denial of a design review application (DRB06-0318), pursuant to
Chapter 12-11, Design Review, Vail Town Code, to allow for a
exterior changes to an existing structure, located at 555 East
Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1, and
setting forth details in regard thereto. (10 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 August 16, 2006, the Design
Review Board denied a request for a minor exterior alteration
pursuant to Section 12-11, Design Review, Vail Town Code, to
allow for a change to the exterior on the east, west, and south
elevations of the Lifthouse Lodge, located at 555 East Lionshead
Circle/Lot 3, Block 1, Vail Lionshead Filing 1. The appellant,
Lifthouse Lodge Condominium Association, represented by Packy
Walker and Fritzlen Pierce Architects, have appealed the Design
Review Board's denial. Please refer to the staff memorandum
dated September 19, 2006, for additional information.
4. Todd OppenheimerlTEM/TOPIC: Seibert Circle Decision. (20 min.)
5. Matt Mire ITEM/TOPIC: Emergency Ordinance to clarify "Wildlife Ordinance
Attractant." (30 min.)
6. Matt Mire ITEM/TOPIC: AIPP Resolution for temporary art. (10 min.)
7. Tom Kassmel ITEM/TOPIC: Authorize Town Manager to sign Spraddle Creek
Realignment. (10 min.)
8. 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 denial of floodplain modifications, pursuant to
Chapter 14-6, Grading Standards, Vail Town Code, to allow for
modifications to the Town of Vail White Water Park, in the Gore
Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1,
(generally located east of the International Bridge on Willow
Bridge Road), and setting forth details in regard thereto. (PEC06-
0050) (15 min.)
9. ITEM/TOPIC: Town Manager's Report. (10 min.)
10. ITEM/TOPIC: Adjournment. (TBD)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, OCTOBER 3, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, OCTOBER 3, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Northwest Colorado Council of Governments.
(NWCCOG) Water Quality Committee Update. (15 min.)
3. ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 09.05.06 and 09.19.06 Town Council Minutes.
4. Stan Zemler ITEM/TOPIC: Town Manager's Report. (25 min.)
• Revenue Update.
• Construction Update.
• Design Review Process Service Changes.
• Discussion of State Legislation Impacting Municipalities.
• Vail Tunnel Options, Provided by Joe Kracum.
• Next Steps on LionsHead Request for Proposals (RFP).
5. George Ruther ITEM/TOPIC: PEC/DRB Update. (10 min.)
6. George Ruther ITEM/TOPIC: A request to remove a recorded Type I Employee
Housing Unit deed-restriction from the property located at 1868
West Gore Creek Drive/Lot 47, Vail Village West 1St Filing. (15
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny the applicant's request.
BACKGROUND RATIONALE: Paul Musson, the owner of the
property located at 1868 West Gore Creek Drive/Lot 47, Vail
Village West 1St Filing, is requesting to have the recorded Type I
Employee Housing Unit deed-restriction removed from the
property. In summary, adeed-restriction was recorded against
the property in response to pending development and building
permit applications. As a result of a change to the approved
plans, the improvements (ie. a second dwelling unit) which
necessitated the deed-restriction were never constructed. The
property owner is now requesting the removal of the deed-
restriction. As the Town of Vail is the beneficiary of the deed-
restriction, approval to remove the deed-restriction shall be
reviewed and approved by the Vail Town Council.
A copy of the staff memorandum to the Vail Town Council
describing the chronology of events in greater detail has been
attached for reference.
STAFF RECOMMENDATION: The Community Development
Department is recommending approval of this request.
7. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 20, Series 2006,
An Ordinance Repealing and Reenacting Title 5, Chapter 9
"Wildlife Protection," Vail Town Code; Establishing Regulations
and Standards Regarding the Protection of Wildlife; and setting
forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, or approve with
amendments second reading of Ordinance No. 20, Series of 2006.
BACKGROUND RATIONALE: In August of 2002, and in
response to a dramatic increase in human-bear conflicts, the Vail
Town Council (the "Council") adopted Ordinance No. 19, Series
2002, which amended the Vail Town Code (the "Code") to include
a Chapter regarding Wildlife Protection. The stated purpose of the
Wildlife Protection chapter was to "protect and maintain wildlife
in the Town of Vail and surrounding areas and to minimize
the risk of dangerous interaction between humans and
wildlife." On July 11, 2006, and based upon the testimony from
town staff and Bill Andree of the Colorado Department of Wildlife,
regarding the effectiveness of the 2002 ordinance, the Council
directed staff to prepare amendments to the Wildlife Protection
which would more effectively serve the purpose set forth above.
On July 18, 2006, the Council passed an emergency measure
which removed the warning requirement for first time offenders
from the current Wildlife Protection regulations and also eliminated
the maximum fine amounts set forth in the Code. Accordingly,
first time offenders of the current Wildlife Protection regulations
are now subject to the General Penalty provision of the Code (up
to $999 in fines and incarceration of up to 180 days, or both). On
August 1, August 15 and September 5, 2006, the council heard
testimony and evidence from Town Staff, members of the
community, licensed waste haulers and the Colorado Division of
Wildlife. The Council then provided direction to amend the current
regulations and requires all Town of Vail residents to obtain by
April 15, 2007, at a minimum, A Wildlife-Resistant Refuse
Container (sturdy plastic with lid and latching mechanism. In
addition, said container when not in use must be stored in a
house, garage or other enclosure. If unable to store as such, then
must have Wildlife-Proof Refuse Container (metal), or an
approved enclosure.
STAFF RECOMMENDATION: Approve, or approve with
amendments second reading of Ordinance No. 20, Series of 2006.
8. Matt Mire ITEM/TOPIC: ITEM/TOPIC: Second reading of Ordinance No. 24,
Series of 2006. An Ordinance Concerning the Organization of a
General Improvement District in the Town of Vail; Accepting the
Petition for the Organization of Such General Improvement
District, and Making Certain Findings and Determinations; Waiving
all requirements for Notice, Publications; Waiving all
Requirements for Notice, Publication and Hearing of the
Formation of the General Improvement District; Establishing and
Creating the Town of Vail General Improvement District No. 1;
Town of Vail, Colorado; and Providing Other Details Relating
Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve second Reading
of Ordinance No. 24, Series 2006
BACKGROUND RATIONALE: The Town of Vail, (the "Town") is
a municipal corporation duly organized and existing under the
laws of the State of Colorado (the "State") and in particular under
the provisions of Article XX of the Constitution of the State and the
Town Charter (the "Charter"). A Petition in regarding the
Organization of the Town of Vail General Improvement District No.
1, Town of Vail, Colorado has been filed in the office of the Clerk
and Recorder (the "Clerk") of the Town. Such Petition has been
reviewed by the Clerk. Such Petition has been signed by the
registered electors representing one hundred percent of the
taxable real property within the proposed district and contains a
request, pursuant to Section 31-25-607(3.5), Colorado Revised
Statutes ("C.R.S."), for waiver of all requirements for notice,
publication and a hearing set forth in Sections 31-25-606 and 31-
25-607, C.R.S, and a request for waiver of the bond provided for
in Section 31-25-605, C.R.S.
STAFF RECOMMENDATION: Approve second reading of
Ordinance No. 24, Series 2006.
9. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 25, Series of
2006. An Ordinance Designated by the Short Title "Election
Ordinance"; Providing for an Election Concerning the Town of Vail
General Improvement District No. 1, Town of Vail, Colorado for
the Purpose of Submitting to the Electors of Said District the
Proposition of Imposing Property Taxes for the Purpose of Paying
Costs of Operating and Maintaining Certain Public Improvements
and to Allow the District to Collect, Retain and Spend Non
Property Tax Revenues; and Prescribing other Details in
Connection with Said Election and Indebtedness; Repealing Any
Action Heretofore Taken in Conflict Herewith; and Ratifying
Actions Previously Taken in Connection Therewith. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Second Reading
of Ordinance No. 25, Series 2006
BACKGROUND RATIONALE: The Town of Vail, (the "Town") is
a municipal corporation duly organized and existing under the
laws of the State of Colorado (the "State") and in particular under
the provisions of Article XX of the Constitution of the State (the
"Constitution") and the Charter of the Town (the "Charter"). By
ordinance adopted of even date herewith, the Town of Vail has
created the Town of Vail General Improvement District No. 1 (the
"District"). Pursuant to Section 31-25-607(4)(a), C.R.S., permits
the Town Council, on behalf of the organizing District, to call an
election of the District's electors regarding matters required to be
voted upon under Article X, Section 20 of the Constitution
("TABOR"), including questions pertaining the impositions of
taxes, and for spending certain moneys above limits established
by TABOR. TABOR requires the District to submit ballot issues
(as defined in TABOR) to the District's electors on limited election
days before action can be taken on such ballot issues. November
7, 2006, is one of the election dates at which ballot issues may be
submitted to the District's eligible electors pursuant to TABOR.
The Town Council has determined to call the election on behalf of
the organizing District as permitted by Section 31-25-607(4)(a),
C.R.S., due to the need to satisfy various procedural requirements
prerequisite to the holding of such election, many of which could
not be undertaken directly by the District in a timely fashion
following its formal organization. It is necessary to submit to the
electors of the District, at the election to be held on November 7,
2006, the questions of authorizing the District to incur debt, to
increase taxes for operations and maintenance purposes, and
spend the revenues thereof and to collect, keep and spend all
revenues it receives as a voter approved revenue change under
TABOR. It is necessary to set forth certain procedures concerning
the conduct of the election. The Town Council elects to utilize the
provisions of the Uniform Election Code of 1992 in order to
conduct a mail ballot election on November 7, 2006
STAFF RECOMMENDATION: Approve Second Reading of
Ordinance No. 25, Series 2006.
10. ITEM/TOPIC: Matters from Mayor & Council. (10 min.)
11. ITEM/TOPIC: Adjournment. (8:00 P.M.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, OCTOBER 17, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, OCTOBER 17, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Town Manager's Report. (10 min.)
• Recognition of Rick Scalpello for his efforts organizing and
developing the Vail Farmer's Market.
• Construction Update.
• Buy Down Program.
Staff has learned of a unit that would potentially qualify for the
town's "buy down" program. It appears this unanticipated
opportunity would provide the wherewithal for either housing a
critical employee in this tight housing market this winter or turning
the unit into a deed restricted unit. Would Council authorize staff
to proceed with negotiating on the purchase of this unit? And
would Council allow staff to come back to request a supplemental
appropriation?
3.Pam Brandmeyer ITEM/TOPIC: A request to proceed through the development
review process to locate a skate board park on the west end of
Donovan Park. (15 minutes)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny the request to proceed through the
development review process.
BACKGROUND RATIONALE: $400,000 from the Real Estate
Transfer Tax fund has been set aside in the '06 budget to provide
the town w/a skate board park. At this time, staff from both the
Vail Recreation District(VRD) and the Town of Vail(TOV) have
been working on some preliminary plans to site the skate board
park on the west end of Donovan. In order for this to occur, the
Donovan Park Master Plan would have to be modified to allow for
this use, requiring a public review by the Planning and
Environmental Commission (PEC) and ultimately by the Town
Council. For numerous reasons, e.g., convenience,
neighborhood, parking, restrooms, excellent visibility, and so on,
staff believes the approximately 7,500 SF will nicely accommodate
a skate board park at this site. Should an amendment to the
Donovan Park Master Plan be approved by PEC and the council,
the next step would be to prepare a Request for Proposals for a
"design/build" team. Skate board park "users" would be included
in public session(s) to gather ideas for this element and staff
would travel to other successful skate board parks around the
state. Considerable time was spent two years ago by the former
VRD/TOV Capital Committee reviewing potential sites and those
outcomes are in your packet.
STAFF RECOMMENDATION: The Town Council grants
permission to proceed through the development review process.
4. ITEM/TOPIC: A request to proceed through the development
review process with a proposal to install a new manhole, sanitary
sewer line and retaining wall on the Town-owned stream tract
parcel adjacent to the Vail Mountain View Town home
development site, located at 442 South Frontage Road. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny the applicant's request to proceed through
the development review process.
BACKGROUND RATIONALE: The Eagle River Water and
Sanitation District and the owners of Vail Mountain View town
home development site are in the process of undergoing
development review of an application to install a new manhole,
sanitary sewer line and retaining wall on Town of Vail property,
located upon Tract B, Vail Village 5th Filing. The new manhole,
sanitary sewer line and retaining wall are required to facilitate the
redevelopment of the old Apollo Park condominiums. Currently,
the sanitary sewer line runs through the center portion of the
development site. The new retaining wall is needed to ensure
adequate soil cover exists overtop of the new sewer line to
prevent freezing during the winter months. The Town Council, as
the property owner of Tract B, must grant the applicant permission
to proceed through the development review processes. Should
the Town Council grant permission to proceed, the applicant will
proceed with the appropriate development review applications for
Design Review Board review and consideration.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Town Council grants permission
to proceed through the development review process.
5. Greg Hall ITEM/TOPICA request to proceed through the development
review process and modify the approved Meadow Drive
streetscape Plans in the area of the Solaris Development. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny the applicant's request to proceed through
the development review process.
BACKGROUND RATIONALE: The Town of Vail has DRB
approval and improvements under contract to proceed with
streetscape work in front of the Solaris project on Meadow Drive.
The Solaris developer would like to proceed through the process
to modify the plans. The developer is responsible for all the costs
of the streetscape in the area of any modifications.
STAFF RECOMMENDATION: Recommend the Town Council
grants permission to proceed through the development review
process working with the town staff on design concepts and final
approved plans.
6. Todd Oppenheimer ITEM/TOPIC: Seibert Circle Final Design. (30 min)
ACTION REQUESTED OF COUNCIL: 1) Approve the final
design for Seibert Circle. 2) Approve an overall project budget of
$675,000 assuming a $325,000 commitment of private sector
funding is received by December 5, 2006. 3) Conditionally
approve the award of the design, fabrication, and construction
contracts based on the private sector funding.
BACKGROUND RATIONALE: On September 5, 2006, the 5
design concepts for Seibert Circle, prepared by WET Design and
Wenk Associates, were displayed and discussed in an open
house forum. 20 to 25 people attended the open house. A written
description of each concept, with the estimated cost, was
distributed to each person attending. It was explained that the
cost of all 5 concepts exceeded the Town's budget allocation.
People were asked to indicate which, if any, of the design
concepts they preferred so raising additional funds from sources
outside the Town's budgets could be started.
Staff received 15 responses. The WET Design Concept 3 with
"Leapfrog" water jets and "Water on Fire" nozzles received the
most favorable responses. It, of course, also contains the most
expensive technology. The estimated cost for this concept is
$672,311. The current budget allocation for Seibert Circle is
$350,000. Vail Resorts has committed $200,000 out of the Front
Door public art allocation if the Council will adopt any one of the 4
WET Design concepts. This contribution leaves the shortfall at
$122,311. Local residents Ron Riley and Alan Kosloff have
committed to raising the balance of the required funds if the
Council will adopt Concept 3 as the final design.
The optimal time for construction of the improvements is spring of
2007. The feature can be complete and fully operational by July
1, 2007. In order to complete the work, WET Design will need to
begin final engineering in early December. The conditional
approval of the design and construction contracts will allow Mr.
Riley and Mr. Kosloff time to raise the additional funds. The
deadline for raising the funds will be the December 5, 2006, Town
Council session. The conditional approvals will expire after that
time.
STAFF RECOMMENDATION: Staff requests that the Town
Council adopt Concept 3, Leapfrogs and Water on Fire, prepared
by WET Design as the preferred design for Seibert Circle. Council
will approve an overall project budget of $675,000 assuming
$325,000 in private funds, and conditionally approve the award of
the design, fabrication, and construction contracts.
7. Matt Mire ITEM/TOPIC: ORDINANCE NO. 26, SERIES 2006, AN
EMERGENCY ORDINANCE DECLARING THE TOWN
COUNCIL'S INTENT TO ADOPT AN ORDINANCE
ESTABLISHING EMPLOYEE HOUSING REGULATIONS FOR
COMMERCIAL AND RESIDENTIAL DEVELOPMENT AND
REDEVELOPMENT, AND APPLYING SUCH REGULATIONS TO
NEW DEVELOPMENT APPLICATIONS. (15 min.)
BACKGROUND: In May, 2006 the Town of Vail engaged RRC
Associates, Inc. to prepare a Town of Vail Nexus/Proportionality
Analysis for Employee Housing Mitigation Programs. The
purpose of this was to create a legal basis for assessing an
employee housing mitigation requirement on commercial and/or
residential development. That study is now complete and its
findings have been presented to Town Council. Prior to adopting
any regulations regarding employee housing, the Town Council
would like to ensure that it has provided adequate opportunity to
educate the public about employee housing. The Town Council
has further determined that additional time is necessary to study
employee housing options before adopting new employee housing
regulations. As such, rather than impose a moratorium on
development to give the Town adequate time to study employee
housing options, the Town would like to allow new development
applications to be submitted during the study with the
understanding that those developments will be subject to the
pending employee housing regulations when and if those
regulations are adopted by the Town Council.
ACTION REQUESTED OF COUNCIL: Consider Ordinance No.
26, Series 2006, for approval.
STAFF RECOMMENDATION: Approve Ordinance No 26, Series
2006.
8. Matt Mire ITEM/TOPIC: Resolution No. 13, Series 2006, A Resolution By
the Town of Vail Council Urging Vails Voters to Educate
Themselves and then Oppose Ballot Issue Number 38 in the
November 7, 2006 Election. (10 min.)
ACTION REQUESTED OF COUNCIL: Consider Resolution No.
13, Series 2006, for approval.
BACKGROUND RATIONALE: The Colorado Secretary of State
certified Ballot Issue Number 38 on December 6, 2005. This
dramatic proposal would substantially change the historical
referendum process in Colorado. Among other things this
amendment would expand the referendum powers towards all
local governments including "all enterprise authorities and other
governmental entities." These enterprises and other governmental
entities would be seriously and detrimentally impacted by such
referendum. Proposals similar to Amendment 38 have twice
before been rejected by the Colorado voters in both 1994 and
1996 by substantial margins. The proposal is not clearly written
and creates with virtually every line of the proposal numerous
practical and legal interpretation questions. Strictest compliance
is required against hundreds of governmental districts which
would create a substantial cost to the State even if only complaint
based enforcement occurs. This ballot item would overrule any
conflicting State constitution provision, home rule Town charter
and all other state and local laws. The procedures set forth
present an unfair playing field in that the Plaintiffs can recover
their attorney's fees but governmental entities have practically no
chance of recovering taxpayers dollars spent on frivolous
compliance actions. Such broad initiative and referendum right
would seriously disrupt the operations of government. Council
would be forced to delay local laws from going into effect before a
91 day waiting period had passed. The measure purports to
prohibit any future ballot issue rejected by the voters if the future
issue is wholly or mostly similar to the rejected ballot item.
Amendment 38 mandates taxpayer financed political advertising in
the form of up to one thousand word statement, for petition
proponents. Opponents have no such right under this ballot item.
STAFF RECOMMENDATION: Consider Resolution No. 13, Series
2006 for approval.
9. Matt Mire ITEM/TOPIC: Resolution No. 19, Series 2006, A Resolution in
Opposition to the 2006 Ballot Issue Known as "Term Limits for
Supreme Court and Court of Appeals Judges," Amendment 40 to
the Colorado Constitution, that Would Politicize the Appellate
Courts and Adversely Impact the Judicial Process . (10 min.)
ACTION REQUESTED OF COUNCIL: Consider Resolution No.
19, Series 2006, for approval.
BACKGROUND RATIONALE: An initiated constitutional
amendment, Amendment 40 to the Colorado Constitution, has
been certified for consideration by the voters of the state of
Colorado at the regular election to be held on November 7, 2006.
Amendment 40 would cause all appellate court judges to be up for
reelection at the general election in 2007 but only if those judges
have not then served ten years in office. The effect of
Amendment 40 would be to remove from office next year five
supreme court justices and seven court of appeals judges. The
effect of Amendment 40 would be to limit the independence of the
judiciary and to politicize their appointment by placing a limit of ten
years on the service of any appellate judge, thereby empowering
the governor with the appointment of a majority of the appellate
judges after each general election. The further effect of
Amendment 40 would be to deprive this state of the wisdom and
experience of our sitting appellate judges and substitute on-the-
job training after each appointment. The further effect of
Amendment 40 would be to discourage the most qualified trial
judges and attorneys from applying for appointment to the
appellate bench. The further effect of Amendment 40 would be to
cause newcomers to the appellate courts to be reviewing the
decisions of seasoned trial judges, for whom no term limits are
proposed. No other state has placed term limits on the judiciary.
The best interests of the Town of Vail and its citizens will not be
served by the attack on the independence and competence of the
judiciary contained in Amendment 40.
STAFF RECOMMENDATION: Consider Resolution No. 19,
Series 2006 for approval.
10. Matt Mire ITEM/TOPIC: Resolution No. 20, Series 2006, A Resolution in
Support of Referendum I: The Colorado Domestic Partnership Act.
(10 min.)
ACTION REQUESTED OF COUNCIL: Consider Resolution No.
20, Series 2006, for approval.
BACKGROUND RATIONALE: Thousand of law-abiding, taxpaying
Coloradans are denied basic legal protections and responsibilities
merely because they live in committed, same-sex relationships.
Committed same-sex couples are not guaranteed the right to visit
a partner in the hospital, direct his or her care in a nursing home,
or to leave their property to whom they wish upon death. Gays
and lesbians who die without a will are more likely to have their
property left to the government than to their partner. This
November, Colorado voters will have the opportunity to approve
Domestic Partnerships, a registered civil contract between
committed same-sex couples. Domestic Partnerships, while not
marriage, will provide many, but not all, of the protections and
responsibilities that these couples deserve. The passage of
Referendum I will send a strong signal throughout the country of
Colorado's committed to fairness and equality for all citizens.
STAFF RECOMMENDATION: Consider Resolution No. 20,
Series 2006, for approval.
11. ITEM/TOPIC: Adjournment. (8:15 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, NOVEMBER 7, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
NOTE:
1.
2.
3.
6:00 P.M. TUESDAY, NOVEMBER 7, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
ITEM/TOPIC: Citizen Participation. (10 min.)
ITEM/TOPIC: Consent Agenda. (5 min.)
a. Approval of 10.03.06, 10.10.06 and 10.17.06 minutes.
ITEM/TOPIC: Town Manager's Report. (10 min.)
• Authorization by Town Council for purchase of "buy down"
unit, to wit: One bedroom /+ loft in Vail Schone Building for
$295,000.
• Construction Update.
• Revenue Update.
• Vail Valley Athlete Commission.
The Vail Valley Athlete Commission is composed of and funded
by four partners: Vail Resorts, Inc., BeaverCreek Resort
Company, the Vail Valley Foundation (VVF) and the Town of Vail.
This commission allocates funding twice annually to winter and
summer athletic competitors. As Council will recall, the VVF
approached Council during the out-of-cycle funding contributions
to request that along w/their partners, the town increase its annual
contribution from $4,750 to its original $10,000 (post-9/11). Those
athletes receiving funding for the '06-'07 winter season are:
Nate Asoian $1,000 Alpine Ski Racing
Claire Bidez $3,000 Snowboarding/Half Pipe
Dylan Bidez $2,000 Snowboarding/Half Pipe,
Slopestyle and Boardercross
Kevin Hochtl $1,500 Nordic Skiing
Stacia Hookom $2,500 Snowboarding
Julia Littman $4,500 Alpine Ski Racing
Sarah Schleper $5,000 Alpine Ski Racing
Hunter Schleper $1,000 Alpine Ski Racing
Jonathan Stevens $1,000 Mountain Running
Zac Layman $1,500 Snowboarding
This bump up in funding has made the individual allocations much
more meaningful and this partnership has resulted in the four
entities acting as one body to collectively assess these separate
requests for funding.
4. ITEM/TOPIC: Receive a presentation from the competing
LionsHead parking structure request for proposal (RFP)
development teams and ask questions of them regarding their
proposals. Provide staff with direction on additional information
that would be helpful making a decision on the RFP process.
The proposed format for the presentations includes 1 %2 hrs. for
each team to present and respond to questions. The order of the
presentations will be East West Partners followed by Open
Hospitality Partners / Hillwood. The public will be given an
opportunity to ask questions of the developers during the evening
meeting. (3 hrs.)
5. Warren Campbell ITEM/TOPIC: A request for the determination of a similar use by
the Town Council pursuant to Section 12-7B-5(B)(7), Permitted
and Conditional Uses; Above Second Floor, Vail Town Code, to
allow for a ski club with ski storage to be considered a use similar
to a cocktail lounge and bar, located at 333 Hanson Ranch Road
(Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1, and
setting forth details in regard thereto. (15 min.)
ACTION REQUESTED OF COUNCIL: The Town Council shall
approve or deny the request that the proposed use is similar to
other uses listed as a permitted conditional use within the
Commercial Core I district pursuant to Section 12-3-4,
Determination of Similar Use, Vail Town Code.
BACKGROUND RATIONALE: On September 25, 2006, an
application was submitted by the owners of the Vista Bahn
Building to establish a ski club with ski storage on the third floor of
the structure. The Commercial Core I zone district does not list a
ski club with ski storage as a permitted or conditional use on any
floor of a structure within the district. The applicant has requested
that the Town Council review their proposal pursuant to Section
12-3-4, Determination of Similar Use, Vail Town Code, to
determine if a ski club with ski storage is similar to a cocktail
lounge and bar. Please refer to the staff memorandum dated
November 7, 2006, for additional information.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Town Council makes the
determination that the proposed use is not similar to a cocktail
lounge and bar. Staff recommend that the Town Council directs
staff and the applicant to pursue a text amendment to the
Commercial Core I district.
6. ITEM/TOPIC: Adjournment. (9:25 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, NOVEMBER 21, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M., TUESDAY, NOVEMBER 21, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Town Manager's Report. (10 min.)
• Relocation of Checkpoint Charlie.
• Aspen/Snowmass Work Force Housing.
3. Russ Forrest ITEM/TOPIC: LionsHead Parking Structure Request for
Proposals. (1 hr.)
BACKGROUND: In the last year, private developers have
approached the Town of Vail and proposed redevelopment of the
site to accommodate both public and private uses. To ensure a
fair and equitable process, the Vail Town Council has directed that
a "Request for Proposals" be issued to solicit development
proposals that meet the project goals of the Town for this site.
On September 29th, the Town of Vail received written proposals
for the Lionshead RFP. On November 7th, 2006, the Town
Council received verbal presentations by the two development
teams; Open Hospitality Partners/Hillwood Partners and East
West Partners.
ACTION REQUESTED OF COUNCIL: The purpose of the
evening meeting with the Vail Town Council (Council) is to receive
feedback from community members on the two development
proposals presented by East West Partners and Open Hospitality
Partners/Hillwood Partners which were presented to the
community on November 7th and 8th in three public meetings. Staff
would recommend each team be given ten minutes at the end of
public input to respond to questions and comments. Also this
would be an opportunity for the Town Council to direct staff to
obtain any additional information that would be helpful in the
decision making process for this Request for Proposal (RFP)
process.
4. Kathleen Halloran ITEM/TOPIC: First reading of the 2007 Budget Ordinance No. 28,
Series 2006. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments first reading of the 2007 Budget Ordinance No. 28,
Series 2006.
BACKGROUND RATIONALE: To be provided in separate memo
STAFF RECOMMENDATION: Approve or approve with
amendments the first reading of the 2007 Budget Ordinance No.
28, Series 2006.
5. Elizabeth Reed ITEM/TOPIC: First Reading of Ordinance No. 30, Series of 2006, AN
ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT
NO. 40, THE WILLOWS, PURSUANT TO ARTICLE A, SPECIAL
DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING
TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN
REGARD THERETO. (1 1/2 hrs.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 30 Series of 2006, on first
reading.
BACKGROUND RATIONALE: On November 13, 2006, the Town of
Vail Planning and Environmental Commission held a public hearing
on a request to establish Special Development District No. 40, The
Willows. The purpose of the new Special Development District is to
facilitate the redevelopment of The Willows Condominiums, located at
74 Willow Road. Upon review of the request, the Planning and
Environmental Commission voted 4-1-0 (Pierce opposed) to forward a
recommendation of approval of the request to establish Special
Development District No. 40, The Willows, to the Vail Town Council.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 30, The Willows, on first reading.
6. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. 31, Series of 2006,
An Ordinance Amending Section 2-6-9 of the Vail Town Code,
Concerning use of the Real Estate Transfer Tax Fund, and Setting
Forth Details in Regard Thereto. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments, or deny first reading of Ordinance No. 31, Series of
2006.
BACKGROUND RATIONALE: In an effort to be the premier
mountain resort community, the Town has committed to provide
its citizens and guests with "a superior level of environmentally
sensitive services" in addition to "vision, leadership and
stewardship in an environmentally responsible manner." To
achieve the goals stated above and for the environmental
sustainability of the Town of Vail and the Vail Valley, the Council
has determined that certain text amendments are necessary to the
Vail Town Code as they relate to the use of the Town of Vail Real
Estate Transfer Tax Fund to include expenditures related to
environmentally sustainable practices.
STAFF RECOMMENDATION: Approve, approve with
amendments, or deny first reading of Ordinance No. 31, Series of
2006.
7. Kathleen Halloran ITEM/TOPIC: First Reading of Mill Levy Certification, Ordinance
No. 32, Series 2006. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Ordinance No.
32, Series 2006, 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. 32, Series
2006, on first reading.
8. Matt Mire ITEM/TOPIC: Resolution Number 22, Series 2006. A resolution
declaring the intent of the Town of Vail to acquire a fee simple
interest in the property located at 2399 North Frontage Road West
for Fire Protection facilities, further continuance of good faith
negotiations to acquire said property interest, and authorization to
initiate an action in eminent domain to acquire said property in the
event good faith negotiations do not result in an agreement to
acquire said property interest. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments, or deny first reading of Resolution No. 22, Series of
2006.
BACKGROUND: The Town has negotiated in good faith with the
record owner and others having an ownership interest in the
property commonly known as Wendy's, located at 2399 N.
Frontage Road West, and legally described as Parcel A, a
resubdivision of Tract D, a resubdivision of Vail Schone Filing 1,
Town of Vail, Eagle County, Colorado (the "Property").
Negotiations to purchase the Property have, to this point, been
unsuccessful. This resolution represents the Town Council's
formal determination that it is necessary to acquire a fee simple
interest in the Property, and that, in the event that good faith
negotiations do not result in voluntary granting of the Property, it is
necessary that the Town acquire said interest in the Property
through the use of the Town's power of eminent domain as
provided for in the Charter.
STAFF RECOMMENDATION: Approve, approve with
amendments, or deny first reading of Resolution No. 22, Series of
2006.
9. ITEM/TOPIC: Adjournment. (9:50 P.M.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, NOVEMBER 21, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M., TUESDAY, DECEMBER 5, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. ITEM/TOPIC: Consent Agenda. (5 min.)
• Approval of 11.0706 and 11.21.06 Minutes.
3. ITEM/TOPIC: Town Manager's Report. (5 min.)
• Revenue Update.
• Emergency Incident Training.
On November 29, 2006 17 Town of Vail employees participated in
a regional emergency preparedness exercise. The training
involved a simulated hostage-taking incident with response by
members of the Northwest Type 3 Incident Management Team
representing emergency responders from Eagle, Summit,
Garfield, Mesa, Pitkin, Moffat, Grand and Routt counties. There
were 104 participants with expertise in the areas of law
enforcement, tactical operations, hazardous materials response,
fire suppression, public health, emergency medical, and
communications. The incident scenario involved a suspect with a
volatile liquid who takes a hostage on a eastbound Greyhound
bus. Police Chief Dwight Henninger served as the incident
commander during today's training. He says responders worked
well in dealing with the circumstances and in identifying potential
threats to the community and activating appropriate safety
precautions. During a debrief at the end of the exercise, Chief
Henninger said participants were impressed by the efficient
teamwork of the agencies involved and the development of an
incident management plan. The incident was not without its
problems. Henninger noted communication proved difficult
between service providers within the incident. When they
recognized that some radios were not compatible it left some
people frustrated. "Through training, people will better understand
their resources, technology and how to work with communication
devices," Henninger said. Weather created difficulties in utilizing
the satellite dish for communications and a smaller base of cell
phones were used as an alternative. This type of training
continues to prepare Town of Vail employees to deal with critical
incidents that may occur in our jurisdiction.
4. Russ Forrest ITEM/TOPIC: Lionshead Parking Structure RFP. (10 min.)
ACTION REQUESTED OF COUNCIL: The purpose of the
evening meeting with the Vail Town Council (Council) is to:
1. Provide direction to perform a financial analysis on the two
development proposals. To ensure a work product is
produced that meets the Town Council's expectations, staff
prepared an RFP with a brief scope of service. Staff is
requesting Council's input on the scope of service and
whether a RFP should be issued for this service.
2. Staff is requesting authorization to engage Rocky
Mountain Valuation to perform a 2nd appraisal on the
Lionshead Parking Structure.
3. Review proposed next steps in the process.
BACKGROUND: On November 21St the Vail Town Council
received public input on the Lionshead Parking Structure
proposals. At that meeting the Town Council directed staff to
obtain an additional appraisal and find a highly qualified financial
consultant/analyst to review the proposals.
5. Todd Oppenheimer ITEM/TOPIC: Seibert Circle private fund raising results. (10 min.)
ACTION REQUESTED OF COUNCIL: Accept the funds raised
by Ron Riley and Alan Kosloff in the amount of $125,000 for the
Seibert Circle Project and direct staff to prepare contracts for
design and construction of the water and fire feature designed by
WET Design and presented on October 17, 2006.
BACKGROUND RATIONALE: On October 17, 2006 the Town
Council approved the design of a water and fire feature prepared
by WET Design as the final design for Seibert Circle and approved
a project budget of $675,000 contingent on the private sector
raising $125,000 toward the cost of the improvements. Mr. Ron
Riley and Mr. Alan Kosloff have successfully raised the required
$125,000 and will make that presentation to the Town Council.
STAFF RECOMMENDATION: Direct staff to proceed with design
and construction contracts in preparation of construction of Seibert
Circle Improvements beginning in late April -early May 2007.
6. Judy Camp ITEM/TOPIC: FIRST READING OF ORDINANCE NO. 29, Series
of 2006, AN ORDINANCE MAKING SUPPLEMENTAL
APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND,
CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX
FUND, HEAVY EQYUIPMENT FUND, AND DISPATCH
SERVICES FUND OF THE 2006 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. 29, Series of
2006.
BACKGROUND RATIONALE: To be provided in a separate
memo.
STAFF RECOMMENDATION: Staff recommends that the Town
Council approves or approves with amendments Ordinance No.
29, Series of 2006, upon first reading.
7. George Ruther ITEM/TOPIC: First Reading of Ordinance No. 33, Series of 2006,
an ordinance amending Title 12, Zoning Regulations, Chapter 6,
Residential Districts, Article E, Residential Cluster (RC) District,
Vail Town Code, to add "professional office" and "business office"
as conditional uses to the District, and amending Title 12, Zoning
Regulations, Chapter 16, Conditional Use Permit, Vail Town Code
to add use specific criteria and standards for business offices and
professional offices, and setting forth details in regard thereto. (15
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 33, Series of 2006 on first
reading.
BACKGROUND RATIONALE: On November 13, 2006, the Town
of Vail Planning and Environmental Commission voted 5-0-0 to
forward a recommendation of approval of the proposed text
amendment to the Zoning Regulations to add "business office"
and "professional office" as conditional uses to the Residential
Cluster (RC) District.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 33, Series of 2006, on first reading.
8. Judy Camp ITEM/TOPIC: Second reading of the 2007 Budget Ordinance No.
28, Series 2006. (5 min.)
ACTION REQUESTED OF COUNCIL: Discuss the second
reading of the 2007 Budget Ordinance No. 28, Series 2006, in
preparation for approval during the evening session.
BACKGROUND RATIONALE: To be provided in separate memo
STAFF RECOMMENDATION:
Council approves Ordinance No
reading this evening.
Staff recommends that the Town
28, Series of 2006, upon second
9. George Ruther ITEM/TOPIC: SECOND READING OF ORDINANCE NO. 30,
SERIES OF 2006, AN ORDINANCE ESTABLISHING SPECIAL
DEVELOPMENT DISTRICT NO. 40, THE WILLOWS, PURSUANT
TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT,
CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL,
AND SETTING FORTH DETAILS IN REGARD THERETO. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 30 Series of 2006, on second
reading.
BACKGROUND RATIONALE: On November 13, 2006, the Town of
Vail Planning and Environmental Commission held a public hearing
on a request to establish Special Development District No. 40, The
Willows. The purpose of the new Special Development District is to
facilitate the redevelopment of The Willows Condominiums, located at
74 Willow Road. Upon review of the request, the Planning and
Environmental Commission voted 4-1-0 (Pierce opposed) to forward a
recommendation of approval of the request to establish Special
Development District No. 40, The Willows, to the Vail Town Council.
On November 21, 2006, the Vail Town Council voted 7-0-0 to approve
Ordinance No. 30, Series of 2006, on first reading.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 30, The Willows, on second reading.
10. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 31, Series of
2006, An Ordinance Amending Section 2-6-9 of the Vail Town
Code, Concerning use of the Real Estate Transfer Tax Fund, and
Setting Forth Details in Regard Thereto, until December 19, 2006.
(10 min.)
ACTION REQUESTED OF COUNCIL: Approve second reading of
Ordinance No. 31, Series of 2006.
BACKGROUND RATIONALE: In an effort to be the premier
mountain resort community, the Town has committed to provide
its citizens and guests with "a superior level of environmentally
sensitive services" in addition to "vision, leadership and
stewardship in an environmentally responsible manner." To
achieve the goals stated above and for the environmental
sustainability of the Town of Vail and the Vail Valley, the Council
has determined that certain text amendments are necessary to the
Vail Town Code as they relate to the use of the Town of Vail Real
Estate Transfer Tax Fund to include expenditures related to
environmentally sustainable practices. According to the Town
Charter, this ordinance will need to be tabled for second reading
until December 19, 2006 due to a publication error.
STAFF RECOMMENDATION: Table second reading of
Ordinance No. 31, Series of 2006 until December 19, 2006.
11. Judy Camp ITEM/TOPIC: Second Reading of Mill Levy Certification,
Ordinance No. 32, Series 2006. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve Ordinance No.
32, Series 2006, on second reading.
BACKGROUND RATIONALE: Mill Levy Assessments must be
certified to the County for collection annually; this ordinance
authorizes certification. The numbers have been adjusted for the
Eagle County Assessor's report.
STAFF RECOMMENDATION: Approve Ordinance No. 32, Series
2006, on second reading.
12. Judy Camp ITEM/TOPIC: Resolution No. 23, Series 2006, A Resolution
Approving a Budget and Operating Plan of the Vail Marketing
District, for the Fiscal Year January 1, 2007 Through December
31, 2007. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No.
23, Series 2006.
BACKGROUND RATIONALE: The Council received the
operating plan and budget of the Vail Local Marketing District for
the 2007 fiscal year on or before December 5, 2006, and has
provided required notice at set forth in C.R.S. § 29-1-106. The
statute C.R.S. § 29-25-110 requires the Council to approve the
operating plan of the VLMD for the 2007 fiscal year by December
5, 2006.
STAFF RECOMMENDATION: Approve Resolution No. 23,
Series 2006.
13. ITEM/TOPIC: Information Update. (5 min.)
14. ITEM/TOPIC: Matters from Mayor & Council. (10 min.)
15. ITEM/TOPIC: Adjournment. (8:10 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, December 19, 2006, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
TOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, DECEMBER 19, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Participation. (10 min.)
2. Lorelei Donaldson ITEM/TOPIC: Appointments to the Commission on Special Events
(CSE) and Vail Local Marketing District Advisory Council
(VLMDAC) boards. (10 min.)
ACTION REQUESTED OF COUNCIL:
1) Please interview the Commission on Special Events (CSE)
applicants at the work session and appoint three
applicants to the CSE (terms expire December 31, 2008)
at the evening meeting; and
2) 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, 2008) at the evening meeting.
BACKGROUND RATIONALE:
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.
3.
There are currently three vacancies on the CSE. The Town
received five (5) applications for the vacancies. Three applicants
are incumbent members of the CSE (noted by asterisks below).
The Council shall interview each applicant at the work session and
then appoint three applicants to the CSE at the evening meeting.
The applicants are as follows:
Mark Cervantes
Dave Chapin*
Meggen Kirkham
Richard tenBraak*
Heather Trub*
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.
There are currently four vacancies on the VLMDAC. The Town
received four (4) 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:
Ian Authur*
Stephen Connolly
Bob Llewellyn*
Beth Slifer*
Pam Stenmark*
I have also enclosed an attendance summary for the VLMDAC for
your review.
RECOMMENDATION: Appoint three persons to the CSE and
four persons to the VLMDAC.
ITEM/TOPIC: Consent Agenda. (5 min.)
A. Current copy of the Ford Park Paid Parking dates for the 2007
Summer Calendar.
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments the summer calendar for Ford Park paid parking
dates for 2007.
BACKGROUND RATIONALE: The 2007 Managed Parking
Calendar Schedule for Ford Park is attached. This calendar has
been compiled by the Ford Park User Committee. We are
requesting your review and approval of the calendar for paid
parking dates at Ford Park for the summer 2007 schedule. There
are currently 37 days of paid parking requested as well as one
managed parking date. This calendar is subject to change as
more events are added to the various schedules of the user
groups at Ford Park.
RECOMMENDATION: Approve or approve with amendments,
the summer calendar for Ford Park paid parking dates for 2007.
B. Annual appointment of newspaper of record for Town of Vail
publications and notices for 2007.
ACTION REQUESTED OF COUNCIL: Appoint The Vail Daily as
the newspaper of record for 2007 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 December 19, 2006, at 6:00 p.m., or as soon thereafter as the
matter can be heard.
RECOMMENDATION: Appoint The Vail Daily as the newspaper
of record for 2007.
4. ITEM/TOPIC: Town Manager's Report. (10 min.)
• Timber Ridge.
• Conference Center Fund.
Attached is a memorandum from April 2006 detailing the
groundwork that has been undertaken regarding reallocation of
the Conference Center Fund, which now totals $8.2 million plus
accrued interest. This work was suspended during the summer to
enable the 20/20 strategic planning process to unfold. If Council is
interested in pursuing an election in the fall of 2007, staff
recommends the following:
1. Develop a time table for a November 2007 election.
2. Reaffirm and/or modify Council's previous criteria (outlined
in the attached memo) for use of the funds.
3. Review proposed next steps from April 2006 memo and
determine interest in authorizing a feasibility study for the
potential "re-purposing" of Dobson Arena.
4. Provide research or analysis direction for other potential
concepts.
5. Determine a structure for the evaluation process. Is there
interest in forming a committee or review panel?
5. Judy Camp ITEM/TOPIC: SECOND READING OF ORDINANCE NO. 29,
Series of 2006, AN ORDINANCE MAKING SUPPLEMENTAL
APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND,
CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX
FUND, HEAVY EQUIPMENT FUND, HEALTH INSURANCE
FUND AND DISPATCH SERVICES FUND OF THE 2006
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 second reading of Ordinance No. 29, Series of
2006.
BACKGROUND RATIONALE: To be provided in a separate
memo.
STAFF RECOMMENDATION: Staff recommends that the Town
Council approves or approves with amendments Ordinance No.
29, Series of 2006, upon second reading.
6. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 31, Series of
2006, An Ordinance Amending Section 2-6-9 of the Vail Town
Code, Concerning use of the Real Estate Transfer Tax Fund, and
Setting Forth Details in Regard Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve second reading of
Ordinance No. 31, Series of 2006.
BACKGROUND RATIONALE: In an effort to be the premier
mountain resort community, the Town has committed to provide
its citizens and guests with "a superior level of environmentally
sensitive services" in addition to "vision, leadership and
stewardship in an environmentally responsible manner." To
achieve the goals stated above and for the environmental
sustainability of the Town of Vail and the Vail Valley, the Council
has determined that certain text amendments are necessary to the
Vail Town Code as they relate to the use of the Town of Vail Real
Estate Transfer Tax Fund to include expenditures related to
environmentally sustainable practices.
STAFF RECOMMENDATION: Approve second reading of
Ordinance No. 31, Series of 2006 until December 19, 2006.
7. George Ruther ITEM/TOPIC: Second Reading of Ordinance No. 33, Series of
2006, an ordinance amending Title 12, Zoning Regulations,
Chapter 6, Residential Districts, Article E, Residential Cluster (RC)
District, Vail Town Code, to add "professional office" and
"business office" as conditional uses to the District, and amending
Title 12, Zoning Regulations, Chapter 16, Conditional Use Permit,
Vail Town Code to add use specific criteria and standards for
business offices and professional offices, and setting forth details
in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 33, Series of 2006 on
second reading.
BACKGROUND RATIONALE: On November 13, 2006, the Town
of Vail Planning and Environmental Commission voted 5-0-0 to
forward a recommendation of approval of the proposed text
amendment to the Zoning Regulations to add "business office"
and "professional office" as conditional uses to the Residential
Cluster (RC) District.
On December 5, 2006, the Vail Town Council approved Ordinance
No. 33, Series of 2006, on first reading with no changes.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 33, Series of 2006, on second reading.
8. Malcolm Murray ITEM/TOPIC: Resolution No. 24, Series of 2006: Crossroads
Reinvestment Plan. (10 min.)
BACKGROUND: The Vail Reinvestment Authority is requesting
that the Vail Town Council approve the Crossroads Reinvestment
Plan (Attachment A in the PEC memo dated December 11, 2006)
with the finding that it is consistent with findings outlined in the
staff memo. The purpose of this plan is to facilitate the
redevelopment of the Crossroads project by removing or curing
covenants that may impede redevelopment. On December 11tH
the Town of Vail Planning and Environmental Commission voted
7-0 to recommend that the Crossroads Reinvestment Plan is
consistent with the Vail Comprehensive Plan.
ACTION REQUESTED OF COUNCIL: Staff recommends that the
Vail Town Council approve the Crossroads Reinvestment Plan.
9. Matt Mire ITEM/TOPIC: Discussion of Resolution Number 26, Series 2006. A
resolution adopting by reference C.R.S. § 24-18-104, as applicable to
public officers and employees, including independent contractors
within the Town of Vail. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments, or deny first reading of Resolution No. 26, Series of
2006.
BACKGROUND: On November 7, 2006, the voters approved
Amendment 41 on the statewide general election ballot for in the
Charter. Amendment 41 adopts a new Article XXIX of the Colorado
Constitution entitled "Ethics in Government," which article deals in
detail with receipt of gifts and things of value by, and lobbying and
ethical principles applicable to public officials. By its terms,
Amendment 41 applies to local government officials and employees,
including those of the Town. Section 7 of Amendment 41 provides
that home rule municipalities may act by charter, ordinance or
resolution to adopt regulations on the subjects covered by
Amendment 41, which regulations may be more or less stringent than
those contained in Amendment 41. The Charter at Section 3.7 and
the Town's Municipal Code at Section 1-5-7 presently address only
conflicts of interest. Accordingly, this resolution, as permitted by
Amendment 41, adopts regulations addressing the matters covered
by Amendment 41. The proposed resolution adopts C.R.S.
§ 24-18-104, as such statute presently exists, as appropriate
restrictions on the matters covered by Amendment 41.
STAFF RECOMMENDATION:
Approve, approve with amendments, or deny first reading of
Resolution No. 26, Series of 2006.
10. ITEM/TOPIC: Adjournment. (7:25 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 2, 2007, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.