Loading...
HomeMy WebLinkAbout2006-04-04 Support Documentation Town Council Evening Session ,y 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• ITEMlTOPIC: Consent Agenda. (5 min.) A. Approval of 03.07.06 and 03.21.06 Minutes. 3. Rod Slifer ITEMlTOPIC: Olympic Proclamations. (5 min.) 4. Peter Runyon ITEM/TOPIC: Eagle County Growth Forecast Presentation. (20 min.) 5. Dick Cleveland ITEMlTOPIC: 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 ITENI/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/'P'OPIC: 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. .y 0 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 RE®UESTED OF COUNCIL: Approve Ordinance No. 11, Series of 2006, on first reading. BACKGROUND RATIONALE: On February i4, 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 6~h 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 Vait. 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. Vail Town Council Evening Meeting Minutes Tuesday, March 7, 2006 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M, by Mayor Rod Slifer. Members present: Rod Slifer, Mayor Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Kim Newbury Mark Gordon Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Representing the Cardon Condominium Association, Wendy Gustafson and Bob Schwaiger questioned the safety of a boulder retaining wall in West Vail, and asked for Council,to investigate the matter. Slifer reported the town would be involved in recognizing local Olympic athletes at an event later in the spring, likely to be held as part of a Wednesday night Street Beat Concert. The second item on the agenda was the Consent Agenda. A. 02.07.06 & 02.21.06 Minutes. B. Copper Mountain Fire Inter-Governmental Agreement Moffet moved to approve the consent agenda with Foley seconding. The motion passed unanimously, 7-0. The third item on the agenda was the East Meadow Drive Streetscape Construction Contract. Public Works Director Greg Hall asked Council to approve a request by staff to negotiate a construction contract for East Meadow Drive streetscape improvements scheduled for 2006 and 2007. The Department of Public Works and Transportation received preliminary pricing for the .project from B&B Excavating Inc. and Weitz Construction. According to Hall, preliminary pricing from both. general contractors was favorable to the town and consistent with construction estimates and project budget. Hall asked to return to Council on March 21 with a request to enter into a contract with the successful general contractor. Moffet moved to approve the contract negotiation request with Gordon seconding. The motion passed unanimously, 7-0. Moffet did comment that installing snowmelt on East Meadow Drive is fiscally and environmentally irresponsible. For more information, contact Hall at 479-2160. The fourth item on the agenda was the Pine Beetle Mitigation Update. Cal Wettstein and Phil Bowden (Vllildland Fuels Fire Specialist) of the United States Forest Service (USES) provided an overview of the. pine beetle epidemic. Wettstein reported every lodge pole pine in Grand and Summit County will be dead in the next few years. "We can't stop the epidemic...Controlling .the fire hazards created by this epidemic will require a cooperative, comprehensive and long term approach." He then discussed a recent surge in spruce beetle population. This beetle will primarily impact high-country forests and will not affect homeowners to a large degree. The two were encouraged by the formation of the Northern Colorado Bark Beetle Coalition. Bowden explained it would take 20-25 years for the trees to fall after they are dead. It would take an additional 20- 25 years for the forest to revegetate itself. He then described various fire hazards being created .by the dying trees. Gordon clarified that Vail is the only town in Eagle County with an active forest fire mitigation program. He then said budgeting at $250,000 a year should not be the driving issue behind the mitigation plan; it should be creating the right plan in the first place. Wettstein clarified Vail Resorts would continue to treat dead trees within the ski area boundary. Newbury and Zemler recommended a scan of the town's building code to ensure the most fire retardant building standards are allowed to be utilized. Representing the Vail Village Homeowners Association, Jim Lamont expressed outrage and disgust over the lack of concern shown to the issue by the federal government. He then asked Council to match fire mitigation dollars for exploration of a bio-mass plant. Hitt asked if planting new trees would be beneficial. Wettstein said he would investigate the matter. Zemler thanked town Environmental Officer Bill Carlson and Fire Technician Tom Talbot for their assistance in development of an urban interface plan. The fifth item on the agenda was the Town of Vail Vision and Community Plan: Presentation and Interview with Design Workshop. Community Development Director- Russ Forrest reported that on February 21, 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 was exemplary and illustrated how Design Workshop can bring knowledge and experience to the Vision and Community Plan process. The Community Visioning Selection Committee recommended Council listen to the presentation by Design Workshop and ask any questions of the team and provide feedback on the process. In addition, staff requested Council approve the budget presented by Design Workshop. Representing Design Workshop, Pam Britton, Becky. Zimmerman and Rebecca Leonard introduced themselves and outlined their professional experience. Zimmerman .explained the group would investigate, "What trends really mean to the town." They then reported resort communities are, "innovating, repositioning and maximizing...Actionable vision is a matter of tradeoffs." Forrest said the final product would be a strategic plan that goes from values to vision. Hitt asked how the product would be different from Vail Tomorrow (a similar program undertaken in. the 1990's). Forrest said Vail Tomorrow served its purpose, and perhaps many values, for instance, will have remained the same. Moffet asked if Council had a leadership role in the process. Forrest stated Council would actively participate as an advisory group and deal with specific action plans. "Also sharing notes about conflicts and opportunities about actions....and really prioritizing action plans and finally approving them." Logan emphasized the importance of the awareness level of the community for the process. Foley moved to approve the budget of $125,100 and enter into an agreement with Design Workshop. Logan seconded. The motion passed unanimously, 7-0. The sixth item on the agenda was the Award of Construction Mitigation Funding. Public Information Officer Suzanne Silverthorn reported during the 2006 budget process, 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 four 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 or discounted climbing wall activities in LionsHead with a minimum of $5,000 returned to the town via merchant participation. Additionally, the Construction Mitigation Group requested Council's support in recommending consideration by the Commission on Special Events (CSE) for additional funding of the .Busker Village activity to disperse the event more fully throughout Vail. Representing LMG, Charlie Alexander said there is not enough space for a climbing wall to be established in Sundial Plaza within LionsHead, as had been originally proposed. Zemler said he would investigate other areas large enough to facilitate the climbing wall. Logan moved to approve the recommendations with Newbury seconding. The motion passed unanimously, 7-0. --Second Reading of Ordinance No. 5, Series of 2006, AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT (SDD) NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SDD, CHAPTER 9, TITLE 12, ZONING TITLE,.TOWN CODE OF VAIL. Senior Planner Warren Campbell reported that on January 23, 2006, the Planning and Environmental Commission (PEC) held a public hearing on a request to establish SDD No. 39, Crossroads. The purpose of the new SDD is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of the .request to establish SDD No. 39, Crossroads, to Council. On February 7, 2006, 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, Council tabled the second reading of Ordinance 5, Series of 2006, by unanimous vote to the March 7, 2006, hearing. The Community Development Department recommended Council table Ordinance No. 5, Series of 2006, on second reading to the March 21, 2006 hearing. Moffet moved with Hitt seconding. The motion passed unanimously, 7-0. --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. Campbell reported on February 7, 2006, the Community Development Department presented an application to the PEC 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 PEC forwarded a recommendation of ,approval to Council by a vote of 6-0-0. Forrest asked Council to table the item until 03.21.06. Moffet moved to table the item with Hitt seconding. The motion passed unanimously, 7-0. --Town Manager's Report • TOVNRD STEERING .COMMITTEE FOR COMPREHENSIVE RECREATION MASTER PLAN Assistant Town Manager Pam Brandmeyer reported staff met with .the consulting firm Greenplay the week of February 20 and wished 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 with appropriate staff. Staff asked for two Council members to volunteer fo serve in this capacity. Moffet and Gordon volunteered to participate on the committee. --Adjournment. Moffet moved to adjourn with Logan seconding at approximately 8:45 p.m. The motion passed unanimously, 7-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, March 21, 2006 6:00. P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Rod Slifer. Members present: Rod Slifer, Mayor .Farrow Hitt, Mayor Pro-Tem Kent Logan . Greg Moffet Kim Ruotolo Mark Gordon Kevin Foley Staff Members: Stan Zemler, Town Manager Matt Mire,, Town Attorney Pam Brandmeyer, Asst. Town Manager The .first item on the agenda was Citizen Participation. Bill Weiss appeared before the Council and offered concerns about the town's height calculations. Slifer responded by . saying the Council would be discussing the issue at an upcoming work session. The second item on the agenda was Board Appointments: There were four vacancies for Planning and Environmental Commission (PEC),. 3 vacancies for Design Review Board (DRB) and 2 vacancies for Art in Public Places (AIPP). The town received five applications for the PEC; five applications for the DRB vacancies and three applications for AIPP. Incumbent members of the PEC, DRB, and AIPP are noted by asterisks below. Also, Nancy Sweeney had served two terms: on the AIPP and would only be able to serve an additional two years out of the three year term if reappointed due to eight year term limits. It was requested 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 were 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 Scalpello Margaret Garvey Rogers* Hitt moved to appoint Dick Cleveland, Anne Gehlner-Gunion, Roland Kiesbo and William Pierce to the PEC, with Moffet seconding. The motion passed unanimously, 7-0. Hitt moved to appoint Peter Dunning and Margaret Rogers to the DRB, with Moffet seconding. The motion passed 6-1, with Foley opposed. After a second re-balloting, Hitt moved to appoint Mike Dantas to the DRB with Foley seconding. The motion passed unanimously, 7-0. Hitt moved to appoint Dorothy Browning and Nancy Sweeney. to the AIPP board, with Gordon seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Consent Agenda. a) Approval of Red Sandstone Elementary School Lease. Moffet moved with Hitt seconding a motion to approve. The motion passed unanimously, 7-0. The fourth item on the agenda was the Gore Creek Promenade Pedestrian Bridge Replacement Discussion. Moffet moved with Logan seconding a motion to table the item until the April 4 meeting. The. motion passed unanimously, 7-0. The fifth item on the agenda was East Meadow Drive Streetscape. Award of bid to B&B Excavating. The Department of Public Works and Transportation completed negotiations for the East Meadow Drive Streetscape improvements with B&B Excavating Inc. and Weitz Construction. Staff determined the construction costs and contract terms provided by B&B Excavating are the most favorable for the town. Staff requested permission from Council.to enter into a construction contract with B&B Excavating for an amount not to exceed $4,288,111. The comparison of proposed costs is broken down as follows: B&B Excavating Weitz Company 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 right-of-way will begin in the spring with utility trench and snowmelt mains. Finished streetscape improvements in the right-of-way 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 were projected to be within budget because of the substantial developer and private property reimbursements. Moffet stated he would vote against the award of the bid as he did not support heating East Meadow Drive. Foley moved with Hitt seconding a motion to approve. The motion passed 5-2, with Moffet and Gordon opposed. The sixth item on the agenda was 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.. Orr March 7 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. Moffet moved with Newbury seconding a motion to approve. The motion passed unanimously, 7-0. The seventh item ,Second Reading of Ordinance No. 5, Series of 2006, AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT DISTRICT (SDD), CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE. OF VAIL. On January 23, 2006, the Town of Vail PEC held a public hearing on a request to establish Special Development District No. 39, Crossroads. The purpose of the new SDD is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive. Upon review of the request, the PEC voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of the request to establish SDD No. 39, Crossroads. On February 7, 2006, 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, Council tabled the .second reading of Ordinance 5, Series of 2006, by unanimous vote to the March 21, 2006. Applicant Representative Dominic Mauriello said because a full presentation to Council was made February 17th, the applicant believed that stood as the record. Subsequently, he did not provide a comprehensive presentation. He also reported the applicant agreed to the town's terms in regard to public amenities.. If commercial use of the bowling alley and theaters cease, fines of up to $11,000 per day would be levied. Hitt questioned why the project would include two real estate offices. It was explained sales of real estate had to be separated from rentals. During the public comment period, Sheika Gramshammer asked that digital images of the project presented during the meeting be published in the Vail Daily to show the vast deviation from the existing structure. Anne Reilly Bishop, representing Village Inn Plaza Phase III, reported an agreement had been made with the developer to provide large trees, water feature, etc., between the proposed project and existing structures. Jonathon Staufer spoke against the proposal. Kel Percell and Laura Lynn spoke in support of the project. Greg Beamis questioned the lack of a lighting plan, potential noise pollution and questioned where the Zamboni would be stored. Representing the Vail Village Homeowners Association, Jim Lamont questioned language that could be misinterpreted/substituted in the Developer Improvement Agreement (DIA). Council emphasized the execution and recording of the DIA would be finalized before the building permit is submitted. Moffet moved to adopt the ordinance with the changes to the DIA .suggested by Council's bankruptcy attorney. He also included the elimination of the word "solely" from 2 (b)(vii)(c) on the 2nd full paragraph of page 5 of the DIA. He then included an amendment to Condition #5 of the SDD adopting Ordinance to state that a maximum of "two" real estate offices would be allowed on the plaza level retail spaces for a period no.longer than two years from the date of the issuance of a temporary certificate of occupancy or certificate of occupancy. He also ordered the DIA be executed. and recorded prior to submittal of a building permit. Gordon seconded the motion..Logan said, "SDD's are quite special...lt is time we de-politicize the process with SDD's and impose significant restrictions... (feel like one of the Indians who sold Manhattan Island for a couple of bags of beads and a sack of potatoes because that's the deal the Town of Vail is getting tonight." Moffet explained the developer would have high construction costs, subsequently cutting into. the project's profitability. Hitt said, "I think this does help families stay.in VaiI...There is not much to do in VaiI...You are either going to be drinking or going up skiing in Vail today." Gordon thanked his fellow Council members because they worked together on creating a document, "VVe can all be proud of." Foley said he would vote against the project due to 11.5 ft. floor plates in the project, possibly setting a precedent. He also said, "Employee housing is woefully inadequate and the height, bulk and mass doesn't fit in with the neighborhood." Slifer expressed extreme concern regarding the upzoning involved in the proposal. `The project was not developed in the spirit of community." The motion passed 4-3, with Slifer, Foley and Logan opposed. The eighth item on the agenda was 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. Campbell reported on February 13, 2006, the Community Development Department presented an application to the PEC 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 Council by a vote of 6-0-0. Moffet moved with Newbury seconding a motion to approve. Hitt questioned easement rights granted to "the bridge to nowhere." The motion passed unanimously, 7-0. Representing the Vail Village Homeowners Association, Jim Lamont thanked staff for making corrections. The motion passed 5-2, with Foley and Hitt opposed. The ninth item on the agenda was the Town Manager's Report. Nothing was reported. The tenth item on the agenda was Adjournment. Moffet moved to adjourn with Hitt seconding. The motion passed unanimously, 7-0, at approximately 9:25 p.m. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 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. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the Charter' ), and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, certain text amendments are necessary to Title 8, Chapter 1, Vail Town Code, to properly mitigate the impacts of development. within and use of Town public ways. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The table of contents for Title 8, Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stfikeee I~-)• . TITLE 8 PUBLIC WAYS AND PROPERTY Subject Chapter Street Openings, Excavations Ar-d Pavement Cutst And Use within the Public Wa ....... Mandato Utility C ~~"""""""""" 1 rY onnection... 2 Revocable Right-of -Way permits... ~ ~ ~ ~ Local Improvement Districts... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 Cable Television Franchises And Facilities...... 4 Newsracks........ """"' 5 .............................................. g Section 2. Section 8-1-2 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ): 8-1-2: PERMIT REQUIRED: Ordinance 7, Series of 2006 1 It is unlawful for any person to make any tunnel, opening, boring, of excavation of any kind in or under the surtace of a s#eet public Wav or occupy/use the Public Wav for any other purpose than for travel or other permitted uses without first securing a permit from the Town for each separate undertaking; provided, that any person. maintaining pipes, lines or other underground facilities- in or under the surtace of any street may proceed without a permit when: emergency circumstances demand the work be done immediately and the permit cannot reasonably and practically have been obtained beforehand. Such person shall thereafter apply for a permit on the first regular business day on which the Town offices are open for business. All permit applications are subject to approval and conditions by Public Works If the application is denied the applicant may appeal the decision, as set forth in Title 8 1 41 Section 3. Section 8-1-3 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in str+l ~h)~ 8-1-3: APPLICATION FOR PERMIT; FEE: A. Notify Utilities And City Of Commencement Of Work: Each application for a permit shall be made ~#~F~s three 3) business days unless otherwise approved by Public Works. before the work authorized by the permit is to begin. Each permittee shall notify all utilities operating in the Town, the Police Department and the Fire Department of the nature and location of the work authorized by the permit and the time that the work shall begin, at least twenty four (24) hours before the work authorized by the permit is to begin. Such application and notice shall be made during the normal office hours of the utilities, the Town and the Fire Department. B• Contents: An application shall be filed on such forms as shall be furnished by t#e Public Works ~. The applicant shall, in addition, present information that all materials, labor and equipment which may be required to complete the proposed work are available. C. Fee: 1. Fee Required: Each application for a permit shall be accompanied by a permit fee as determined by Public Works; as provided in subsection 8-1-35A of this Chapter. The permit fee ,and all other charges. or costs shall be paid at the time the permit is issued .The permit fee shall be charged, separate and apart from ##~e any bond and security required for mitigatioro and restoration of the Public Wav and shall not be included in the bond or security amount. 2. More Than One Permit: fie-Public Works may accept an initial permit fee from any applicant to cover more than one permit, provided that the permittee pays for the actual cost of each permit. within a specified time as designated by the Town Finance Director. Nothing contained in this Chapter shall be construed as exempting any one from obtaining a permit for each separate undertaking. D. Bond and Securi TL accepted the work Section 4. Section 8-1-4 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ): 8-1-4: UTILITIES EXEMPT FROM DEPOSIT: Ordinance 7, Series of 2006 2 +~---Utilities Assume Liability: Any utility companies providing electric, telephone, gas, water, sewer or eob!c ;,,!„o;~;~; communication service on a regular basis to the residents of the Town are exempted from posting a deposit bond or security on street excavation work or use of the Public Wa provided the utility company files a letter with Public Works, signed by the appropriate officers of the company, agreeing to reimburse the Town for all costs incurred in repairing street openings made by the utilities; any costs incurred in repairing other utilities which may be damaged in the excavation, and agreeing to abide by all the terms of this Chapter. Each utility company shall submit a list of persons authorized to sign permit applications and to keep that list current. Section 5. Section 8-1-7 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in strtke#~raugq): 8-1-7: LIMIT ON AMOUNT OF WORK: No person to whom a permit has been granted shall perform any of the work authorized by the permit in any amount or quantity greater than that specified in the permit; except that, upon the approval of tqe Public Works, additional work may be done under the provisions of the permit in an amount not greater than ten percent (10%) of that specified in the permit. Section 6. Section 8-1-8 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in st~et#r~.f3); 8-1-8: PERMIT NONTRANSFERABLE: Permits under this Chapter are not transferable, and the work shall not be made in any place other than the location specifically designated in the permit, or by any person, agent or independent contractor other than the permittee unless specifically provided in the permit. The permit shall be issued and held only by the e~c~ esr~aster ermittee making the street cut or using the Public Wav. All billing shall be sent to the ermittee. Section 7. Section 8-1-9 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ): 8-1-9: PERMIT. EXPIRATION; EXTENSION: Every permit shall expire at the end of the period of time set out in the permit. If the permittee is unable to commence or to complete the work.within the specified time, such person shall, prior to the expiration date, present in writing to Public Works a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of #1ae Public Works necessary and not contrary to the public interest, th0 e p rrri ttee may bee granted additional time for the completion of the work being done. Section 8. Section 8-1-10 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and und_ erline; deletions are shown in e~+l~h); Ordinance 7, Series of 2006 e 8-1-10: REVOCATION OF PERMIT; NOTICE: A. Grounds: Any permit~may be revoked by Public Woks; after notice to the permittee, for the following grounds: 1. Violation of any condition of the permit or of any provision of this Chapter. 2. Violation of any provision of any other applicable. ordinance or law relating to the work. 3. Existence of any condition or the doing of any act constituting a nuisance or endangering lives or properties of others. B. Notice Served; Contents: Written notice of any of the violations or conditions designated in subsection A of this Section shall be served upon the holder of the permit or agent engaged in the work. The notice shall contain a brief statement of the reason for the revocation and shall also indicate the time at which the violation may be corrected and work resumed. The notice shall be given either by personal delivery to the person to be notified or by certified or registered mail addressed to the person. When any permit has been revoked and the work authorized by the permit has not been completed, Public Works is authorized to take the steps necessary to immediately restore the ~~-public Wav to as good a condition as existed before the opening was made. The permittee shah t,p rccn.,n~~:~,e..:,._ _~~ ___,_ _ _ ___ Section 9. Section 8-1-11 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stF+l~~): 8-1-11: SIZE RESTRICTION: The opening which may be made in the street at any one time shall be no greater than will permit the reasonable use of the street by the public and will not endanger the public or workers or cause substantial hazards in the use of the street by the public or Town emergency services. Reasonable and adequate provisions shall be made for use of the street by the public, and the use of the street by the public may not be blocked entirely unless prior approval has been granted by Public Works, the Police Department and the Fire Department. Section 10. Section 8-1-13 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in )~ 8-1-13: PROTECTION: All inlets storm sewers curb and gutter drainage facilities, cross pans, culverts, or other drainage facilities encountered shall be protected by the permittee. The ermittee shall be responsible for all replacement costs Section 11. Section 8-1-14 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ~~)~ 8-1-14: SIGNS: No signs or traffic-control devices shall be removed without consent and approval from the Department of Public Works and the Police Department. All signs and traffic-control devices disturbed by the permittee shall be replaced to the satisfaction of ~ Public Works permittee shall be responsible for all replacement costs. The Ordinance 7, Series of 2006 Section 12. Section 8-1-15 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s#~+kethFeag#): 8-1-15: SURVEY MARKERS AND MONUMENTS: Monuments of concrete, iron, or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey bench mark within the Town, shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from ##~e Public Works. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument by a registered Colorado Professional Land Sunrevor. Section 13. Section 8-1-16 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in str+lEet#r~#~): 8-1-16: STREET DRAINAGE SYSTEM: When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage and erosion control to the satisfaction of the Public Works. Section 14. Section 8-1-17 of the Municipal Code of the.Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s#ilEet#r~gl~): 8-1-17: EXCESS EXCAVATED MATERIAL REMOVAL: All excess excavated material shall be removed from the site by the permittee after the work has been completed. In the event the earth, gravel or other excavated material so deposited is not removed, #~Tewn public Works 9epar#~ent shall cause the removal, and the cost incurred shall be paid by the permittee. Section 15. Section 8-1-18 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s~eu~ 8-1-18: SAFETY DEVICES: Every permittee shall provide a construction traffic-control plan in accordance with the most recent Manual on Uniform Traffic Control Devices (MUTCD) published by the state United States Department of Transportation Federal Hiahway Administration for each situation, phase or part of the work. This plan shall have the Public Works' approval .before the permit is issued. Every permittee shall provide and maintain all suitable traffic-control devices as prescribed on the approved construction traffic-control plan for the duration of the project. Additional safety regulatioris and the employment of a certified Traffic Control Supervisor TCS may be prescribed by ##~e-fin public Works person fails to provide or maintain ' ~• Whenever any devices, such devices may be installed and maintained by theaTown t and the amount of the cost thereof shall be paid by the person obtaining the permit. It shall Ordinance 7, Series of 2006 be unlawful to willfully move, remove, injure, destroy or, extinguish any barrier, warning light, sign, or notice erected, placed or posted in accordance with this Section. Section 16. Section 8-1-19 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stfikefq~g#} 8-1-19: ACCESS TO DRIVEWAYS AND FIRE HYDRANTS: Access to private driveways shall be provided, except during working hours when construction operations prohibit provisions of such access; provided, however, that access to private driveways shall be restored promptly, and the' blocking of private driveways shall be only for such a period of time as is necessary to complete the work immediately in front of the private driveway..€fee Unobstructed access must be provided at all times to fire hydrants. Section 17. .Section 8-1-20 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in strll~s~.~ 8-1-20: STORAGE OF EXCAVATED MATERIAL: ' Excavated materials shall be laid compactly along the side of the trench in a manner so as to cause as little inconvenience as possible to public travel. In order to expedite the flow of traffic onto abate a dirt or dust nuisance, l#e Public Works may require the permittee to provide toe boards or bins, and if-the excavated area is muddy and causes inconvenience to pedestrians, temporary uve shall be installed by the permittee as directed by the Public Woi-ks.~ walks Section 18. Section 8-1-21 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ~ike#~su~: 8-1-21: TIME WORK MAY [3E PERFORMED: A. Hours Of Operation: Work authorized by a permit shall be performed between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., Monday through Friday, or as provided in the annual "Vail Construction Hours Polic "handout unless the permittee obtains written consent from Public Works B• Winter Months Prohibition; Exception: No street-cut permit. authorized under this Cha ter shall be issued so as to allow a street opening or pavement cut between November 15 and April 15, except in an emergency and in accordance with the following: 1. Public Works may issue a permit for a street opening or pavement cut between November 15 and December 15 if it is determined that special or unforeseen circumstances require the issuance of the permit or if the applicant for the permit is a public utility. If Public Works determines that an extension should be allowed, the applicant may be required to comply with any of the following additional items: a. Post an additional-sum to pay the costs of cold-patching the cut, maintenance of the cut, or possible damage to the public way that may occur over the winter; or b. To temporarily cold-patch the excavation; or c. To de take any other reasonable # measures that Pubfic Works determines is necessary to protect the public way until the excavation is permanently closed. In addition, any applicant Ordinance 7, Series of 2006 6 requesting an extension shall agree to provide a permanent patch or closure for the street cut the following summer when the ground and weather permit the same. 2. In no event shall a permit for a street cut be issued after December 15 except in the case of an emergency or upon specific approval by a resolution of the Town Council.. Section 19. Section 8-1-22 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in st~eug#}: 8-1-22: ADDITIONAL REGULATIONS; PUBLIC WORKS AUTHORITY: A. Conditions For Granting Permit: In granting any permit, Public Works may attach such other conditions as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to the following: 1. Equipment: Restrictions as to the size and type of equipment; 2. Routes: Designation of routes upon which materials may be transported; 3. Disposal: The place and manner of disposal of excavated materials; 4. Offensive, Injurious Practices: Requirements as to the cleaning`of streets, the prevention of noise, and other results offensive or injurious to the neighborhood, the general public, or any portion thereof; 5. Restricted Access: Regulations as to the use of streets in the course of the work; 6. Burial Depth: Minimum depth of any utility or service line shall be eighteen inches (18") below grade or deeper if required by the applicable code 7. Temporary Remedies: Temporary patches or other measures that may be .necessary to protect the public and the public way; 8. Guarantees: Deposits, securities, or pertormance bonds shall be necessary to ensure that the cost of repair or maintenance is paid by the permittee. 9. Public Accommodation: Miti ation of the Public Wa to maintain a IeveF of service a ual to the existing level of service to the Public 10. Streetscape and Heated Streets• Public Works may require the a plicant to use alternative means when streetsca a or heated streets are re uested to be im acted• when no alternative means are ossible then total reconstruction ma be re wired of the improvements such as but not limited to• planters paver walks and streets heat tubing (bv zone or loop) stairways etc B. Alternative To Street Cuts: When a reasonable alternative exists as determined by ~ Public Works d~t~, street cut permits requiring the cutting of pavement, shall not be issued on town streets which have been reconstructed as a part of the town street improvement program. The town .shall maintain and have ublicl available an updated record of all town street improvement projects , Section 20. Section 8-1-23 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are' shown in ~~s~~ 8-1-23: TIME FOR COMPLETION OF WORK: Any permittee shall warranty all work completed pursuant to this chapter for two (2) full years from the date of the completion of the work. The town shall hold all Ordinance 7, Series of 2006 deposits, securities or pertormance bonds deposited by the permittee as a condition of granting any permit during the period of the two (2) year warranty. One month prior to the expiration of the two (2) year warranty, ##~e Public Works de~a#n}e~•t shall inspect the street cut. If the work is acceptable to tqe Public Works d~ and to utility companies who serve the town, the security will be returned to the permittee at the end of the two (2) year period, provided the street cut remains acceptable in the twenty fourth month, and the necessary soils compaction tests are provided, as required by section 8-1-26 of this chapter. Section 21.. Section 8-1-24 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ~eugk~}: 8-1-24: RESTORATION OF PAVED STREET REQUIRED: All pavement costs, openings and excavations shall be backfilled, surfaced and restored according to this chapter and as provided in 13-10 of this code .Final surtacing shall be made within thirty (30) days from the date the street cut permit is issued. Failure to complete surfacing within the thirty (30) day period shall deem the street cut permit null and void. The performance bond or security will also become due at this time. Public Works shall then take steps necessary to complete the unfinished work. The original permittee may also complete the work upon obtaining a new permit and pertormance bond. In the case of street cut permits issued after October 15, the permittee shall completely restore the paved surtace by November 15 without exception. Failure to do so will also result in the permit becoming null and void. The pertormance bond will become due on November 15, and #~ie-depar~eta#~# public Works shall take the necessary steps to complete the work. Backfilling under paved streets shall be in accordance with the specifications in sections 8-1-25 and 8-1-34 of this chapter. Section 22. Section 8-1-26 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in 8-1-26: CONSTRUCTION METHODS FOR PAVED STREET RESTORATION: A. Strict Rules For Compaction; Penalty: The bottom twelve inches (12") and the top eighteen inches (18") of the subgrade backfill shall be the same type of backfill material specified in section 8-1-25 of this chapter. The excavated material may be used for the remainder of the backfill, provided that no materials greater than six inches (6") in diameter shall be used for backfill. The material shall be deposited in layers not exceeding twelve inches (12") in thickness prior to compacting. Each layer shall be compacted with suitable mechanical tamping equipment. It shall be compacted sufficiently to obtain a field density which is of least ninety five percent (95%) of theoretical density as determined by AASHTO method T-147. The permittee shall be required to obtain eotechnical test ins actions b a certified techrnc~an and re orts reviewed b a professional engineer e~e# Public Works shall require all permittees to contact Public Works twenty four (24) hours in advance of commencement of backfill operations to allow the department time to arrange for additional inspection sail-ss~astier~ tests. Failure to obtain proper inspections or contact the department will result in forfeiture of the street cut bond monies. The cost of compaction tests will be paid by the town. The costs of retests will be paid by the permittee. Compaction methods not authorized herein must be approved by tqe-depa~m~#~public Works prior to their use by the permittee. Ordinance 7, Series of 2006 B. Longitudinal Cuts; Special Methods: All longitudinal cuts that are located four feet (4') or more into the paved area and exceeding fifteen feet (15') in length shall be patched and the entire street overlaid with asphaltic concrete a minimum of one and one-half inches (1 1/2") thick. This requirement shall not be applicable to cuts for the installation of structures that extend four feet (4') or more into the paved area, unless otherwise required by Public Works. Section 23. Section 8-1-29 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ~t~,~°+h~'^ rnccrrn-vct 8-1-29: UNPAVED NONVEHICULAR PUBLIC PLACES RESTORATION: A. Relaxed Standards: Excavations in unpaved public places not used as vehicular ways may be backfilled with suitable material and shall be compacted in lifts not to exceed eighteen inches (18") in depth to sufficiently obtain a field density which is at least eighty five percent (85%) of. theoretical density as determined by AASHTO Method T-99. Field density shall be determined by AASHTO Method T-147. The top six inches (6") shall be a topsoil material meeting the following specification:. Topsoil: Natural, friable, fertile soil characteristic of productive soil in the vicinity, reasonably free of stones, clay lumps, roots, and other foreign matter. B. Landscaping Restored: All vegetated areas shall be returned to their original condition. This includes grasses, sod, shrubs, trees, flowers and .any irrigation system disturbed during the excavation process per Public Works' standard landscaping restoration specifications. The lines and grades of the completed grading shall meet the original lines and grades prior to commencement of work. Section 24. Section 8-1-30 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in str+lc~~~ 8-1-30: ASPHALTIC CONCRETE OR OIL-AND-CHIP SURFACE RESTORATION: A. Cut: The initial pavement cut shall be made a minimum of one foot (1') wider than the trench on all sides of the trench, a minimum of three feet (3') wide, and the cut in the paving shall be made with a power circular saw or other method as specifically approved in writing by Public Works. B. Restoration: 1. The asphaltic concrete oroil-and-chip surface shall be of grade ~(~-} S, Sfxl or equivalent hot bituminous pavement (HBP). The asphalt cement shall be AS-1-A PG 58-28 The minimum depth of asphalt concrete pavement placed over the six inches (6") of Class 6 ABC shall be as follows or match the depth of the existing surface surrounding the excavation, whichever is greater: Bike paths 3 inches Local streets 3 inches (public/private) Collector streets 5 inches Arterial streets6 inches 2. The minimum lift shall not be less than one and one-half inches (11/2") thick and the maximum lift shall be two and one-half inches (21/2"). 3. The new surtace shall meet the lines, grades, quality and appearance of the existing surface surrounding the excavation, and be sealed with a chemical as approved by Public Works. Ordinance 7, Series of 2006 , £k 1 ,l Section 25. Section 8-1-34 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s#r.~ 8-1-34: TOWN RESTORATION; REQUEST AND AGREEMENT A. Permittee Responsible: It shall be the responsibility of the permittee to restore and repair street cuts and make backfills on any street cut or excavation. B. Permittee Pays Costs: Upon the request of the permittee and the agreement of the town, the town may repair the street cuts and make backfills for the permittee, and permittee shall pay to the town the cost of restoration ' #~+s-c#apteF The permittee.shall relinquish the right to,restore street cuts and make backfills after the expiration of the permit (30 days after date of issue) or until November 15, if no extension for time has been granted to the permittee by the deter-e# public works: Section 26. Section 8-1-35 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s~+ketk~rsegt~: 8-1-35: FEES: A• Fees Determined: Upon receipt of a properly completed application, public-works shall determine the amount. of the fee which shall be paid by the holder of any permit under this chapter, which fee shall cover the cost of ' ~ ~ ~ ' ~ 'the applicants use of the Public Wa includin but not limited to• a lication administration avement de radation use of the Public Wa ins action of work/use coordination of work/use and the mitigation of public impacts These fees shall be as currently adopted via resolution by the town council and shall be set forth on the schedule of fees maintained in the public works department. 1. Any rework or additional work agreed upon between the town and permittee and done by the town shall be a time and material charge. 2. Salaries and equipment rates will be charged by the town to the permittee in accordance with the prevailing schedule on fife in the public works department. B• Form Of Payment: The fee shall be either in the form of a certified treasurer's or cashier's . check, cash, or other, if approved by the finance director. C. Deficient Fee: If any fee or deposit is less than sufficient to pay all costs, the permittee shall, upon demand, no later than fen (10) days after being billed by the town, or prior to the issuance of any further permits, pay to the town an amount equal to the deficiency. If the permittee fails or refuses to pay the deficiency, the town may institute an action to recover the amount in any court of competent jurisdiction, refuse to issue any subsequent permits, or revoke the permittee's contractor's license. Until the deficiency is paid in full, no additional permits shall be issued to the permittee. The remedies herein are in the alternative and are not exclusive. Ordinance 7, Series of 2006 10 Section 27. Section 8 1-36 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in strik~q~ 8-1-36: MULTIPLE OPENINGS FOR SINGLE DEPOSIT: Whenever any person or company anticipates more than five (5) street openings, of excavations, or uses per year, the utility or authority may post a single deposit for the entire year or part thereof to cover the cost of any and all such work. The amount of the deposit shall be determined by Public Works. Section 28. Section 8-1-37 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s~eeg#}. 8-1-37: LIABILITY INSURANCE: No person shall 'be issued a permit under this chapter without first obtaining a contractor's license from the town, at which time such contractor shall submit proof that there is being maintained and carried liability insurance covering personal injury and property damage which may arise from or out of the performance of the proposed work. The insurance shall cover collapse, explosive hazards and underground coverage and shall include .protection against liability arising from completed operations. The insurance for personal injury shall be in an amount not less than one million dollars ($1,000,000.00) for each person and not less than ef-e two million dollars E$~88A;A8A:88) j$2.000,000.00) for each. accident and, for property damage, shall be in an amount not less than one million dollars ($1,000,000.00), and not less than see two million dollars {$~-BAA-Sgg:gg) x$2.000.000.001 for all accidents. A certified copy or certificate of insurance policies, together with the certificate of the insurer that each policy is in full force and effect and that the insurance will not be altered, amended, terminated or ended without a ten (10) day written notice having first been given to the town, shall be filed prior to the issuance of a contractor's license. Section 29. Section 8-1-38 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions .are shown in bold and underline; deletions are shown in ~~~~ 8-1-38: MAP OF UNDERGROUND FACILITIES REQUIRED: Every person owning, using, controlling or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication Se&, water, sewer or steam to or from the Town, or to or from its inhabitants, or for any other purpose, shall file with ##ae Public Works Oepa, within one hundred twenty (120) days after the adoption of this Chapter, a map or set of maps, each drawn to a scale of not less than one inch to four hundred feet (1" to 400'), showing the location, size and description of all such installations. The owner agrees upon reasonable notice from the Town or any permittee to accurately locate such owner's installations upon the ground as shown on the maps. Ordinance 7, Series of 2006 11 Section 30. Section 8-1-40 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s~ilc~eugh.} ~_~,~.. w $-1-40: ABANDONED UNDERGROUND FACILITIES: Whenever any pipe, manhole, conduit, duct, tunnel or other structure,located under the surtace of any street is abandoned, the person owning, using, controlling or having an interest therein shall, within thirty (30) days after such abandonment, file with Public Works a statement in writing showing the location of the abandoned structure. The abandoned facilit shall be removed and the site restored b the owner within thirty (30) days of notice from the Town, or the Town may remove the facility at the owners exi~ense Section 31. Section 8-1-41 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in str-ilc~ett~et~gh} 8-1-41: APPEAL: A. Filing Of Appeal; Schedule Hearing: Any applicant which is denied the issuance of a street cut permit, or which has a street cut permit revoked may appeal such denial or revocation by filing an appeal in writing within five (5) days of such revocation or denial with the Town Manager. The Town Manager will schedule a hearing within ten (10) days of the receipt of the appeal, and provide notice of such hearing to the applicant. The Town Manager, after hearing evidence presented by the applicant and the Town may confirm, amend or modify the action of t#e Public Works 9irec-ter. B. Utility Company Representation; Appeal to Council: Whenever an applicant's street cut revocation or denial is being heard by the Town Manager, a representative of the utility companies servicing the Town shall be entitled to sit with the Town Manager and cast a vote. The representative of the utility companies, who shall be entitled to sit'with the Town•Manager when he/she hears the appeal of a revocation or denial of the issuance of a street cut permit, shall be chosen by a vote of all the utility companies serving the Town. The Town shall be notified by a joint letter signed by all the utility representatives not later than February 1 of each year, as to who the utility company representative shall be for the current year. Any utility company whose street cut permit has been revoked or denied by tl~e Public Works ~e~ may appeal any decision of the Town Manager relating to the revocation or denial of the street cut permit by filing a written appeal to the Town Council within thirty (30) days following such decision. The Town Council shall hear the appeal in accordance with its rules and procedures. The Town Council may confirm, reverse or modify the action of the Town Manager. Section 32. Section 8-1-42 of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in c~.c~~„`~II 8-1-42: VIOLATION; PENALTY: A. Responsibility For Compliance Shared: Any person violating any of the. provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for such offense as provided in Section 1-41 of this Code. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as set forth in Section 1-4- Ordinance 7, Series of 2006 12 1 of this Code. Both the licensed contractor and the person the work is for, are responsible for the compliance with this Chapter, and any or all of the same may be summoned into Municipal Court, and any or all may be found guilty of a violation hereof. B. Cumulative Grievances: The sanctions, remedies or penalties available under this Chapter are deemed cumulative, and any or all may be pursued by the Town to enforce the provisions of this Chapter. Any two (2) violations in a building season (April 15 through November 15) shall constitute grounds for automatic revocation of the contractor's license.-(1997 Code: Ord. 20(1981) § 1: Ord. 43(1978) § 2: Ord. 7(1971) § 10) C. Agreement of Non-Compliance• In addition to the penalty set forth above anv person found violatmg Title 8-1-2 shall be reawred to stop work or use apply for a Public Wav permit. and gav double the amount of all applicable fees Section 33. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid,.such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 34. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 35. The amendment any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued; any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Section 36. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Section 37. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publica- tion. Section 38. This ordinance shall be in full force and effect five days after publication following final passage. Ordinance 7, Series of 2006 13 INTRODUCED, READ, APPROVED, AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4~' day of April, 2006. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor Ordinance 7, Series of 2006 14 .1 ~nwn~o~vna March 22, 2006 J1~NUARY 2006 VAIL BUSINESS REVIEW Overall January sales tax increased 13.0% with Retail increasing 8.0%, Lodging increased 14.5%, Food and Beverage increased 10.4% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 29.2%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vail og v.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125. Sincerely, n n `~~ ~J~C.~ Sally Lorton Sales Tax Administrator January 2006 SALES TAX V.4/L VILLAGE Retail Lodging Food & Beverage Other Total January 2005 Collections i 373,317 37'7,300 33~,2(l3 12,381 ~~ 1,099,201 304,535 ~ 0,33 1,217,331 January %. Change 1 D.4°ro 12.6°~0 10.1% -16x5% ~' 1 10.7% LI®NSHE'AD Retail Lodging Food & Beverage Other Total January January January 2005 2006 Collections - Collections _ -- Chanc,~e --- 143,595 144,906 0.9% 251,220 2999822 17.9% '% 611,140 61,460 0.4% 69701 6,686 -23x2% 467,659 532,874 9e3% January 2006 Collections 4179570 424,888 t U. d~~~~~~ ~~~~ ~~~~~ ~~~ ((~"pl ~((;~l LC~L~ ~'UL~~pI C~i1~/L+~~1 ~V 1~1~-'IIILU~~I d~11CC~~1~~~~/~L~V Rl~dL- ~~~~~~~ ~a~~a~~~~ ~~~~~~°~ ~®®~ ~®®~ a _ nn _ a nn G~~~~u0 f~®®~I ~ ®4~~~ ®~~ ~aa~uu~~uu~uu~ `~ k~ ~ 9~s ~~~~~~' ~~y~~~ ~~~yG~ ~~ ~a~uuc~~;uu~UU~ `~ ~~~ ~ ~~ ~~~9~"~ ~w~_W~ ~o~% ~~~~% m~~~% -- 0`5 0 ~~~0 ~V U ®~ 11 ©l~lY lIW ~ ~l ill l~ ~l ~°~ ~®®~ ~®~~~0~0®Q11~ G~~~~u0 ~ ~~'9~~~p ~®®~I ~ l4~JlL~0~lL0~.~ ~ I u~~ 9 -'~"{{~~ I 04her ~® IL6R ~ j I - ~ 6~~~. ~~y 9 EJ~, ~~ °°~ - -- ~~~~~~~ ~®®~ ~®~~~~~u®o~~ ~~9 ~~~ ~yV~hi'~ ®~9® Il ~c~9`~ ~~ ~9~3~ l 9~~~~ ~~'~~~ ~"~ ~,~~~ ~~Q11~lI~~°~ ~~~~ e --- ~. ~~a~% ~~o®% ~~~ ~~o ~~e~ o ~~o~% January X006 SALES TAX TOTAL January January January 2005 2006 Collections Collections Change Retai I 733,141 791, 579 8.0% Lodging 820,252 939,201 14.5% Food & Beverage 493,742 545,187 10.4% Utilities & 228,378 ! 295,047 29.2% Other i Total 2,275,511 2,571,014 13.0% RETAIL SUMMARY January 2005 Collections January 2006 Collections January % Change FOOD 135,338 144,052 6.4% LIQUOR 32,474 34,631 6.6% APPAREL 96,432 102,654 6.5% SPORT 338,059 373,034 10.3% JEWELRY 28,156 26,273 -6.7% GIFT 14,964 14,198 -5.1% GALLERY 7,193 9,246 28.5% OTHER 79,825 86,769 8.7% HOME 700 722 3.1% OCCUPATION TOTAL 733,141 791,579 8.0% e MEMORANDUM March 24, 2006 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: February Sales Tax On the reverse side please fmd the latest sales tax worksheet. I estimate I'll collect another $70,000.00 in February sales tax to bring February collections to $2,524,078.00. If so, we will be up 6.08% or $144,583.00 from budget and up 3.90% or $94,701.00 from February 2005. Ski season (November -February) would reflect an increase of 8.7% or $667,317.00. February lift tax is up 8.80% or $53,615.00 and the ski season (November -February) reflects an increase of 12.04% or $208,147.00. onth 995 996 997 998 999 000 Town of Vail Sales Tax Worksheet 3/24/2006 2001 2002 2003 004 005 udget _ % Chengs % Chenge 2006 Budget Irom from COlIBCt%O/1S Vsdence 2005 Budget January 1,894,597 1,935,782 2,052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 1,997,091 2,225,841 2,275,967 2,241,544 2,572,175 330,631 13.01% 14.75% February 1,816,107 1,993,389 2,089,673 2,153,121 '2,021,486 2,223,670 2,366,321 2,281,833 2,111,163 2.362.825 2.429,377 2,379,495 2,454,078 74,583 1.02% 3.13% j Total °~ ~ . .:. _'.171 1 1-t" :yl. ~r~=. ~ - a.~. 1 ~ ~ tii=~ a '- -t i~5 c'11 ~ t - -~„~ - a 7C, ~~?,1~3 ~ -1 -- ~3 <i5 J14 i -- ';'% March 2,139,298 2,240,865 2,580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372;942 2,344,178 2,785,101 2,360,716 April 791,092 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 992,157. 975,554 999,157 May 324,681 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 4t 1,595 458,770 414,499 June 590,685 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 834,913 737,278 ' July 893,483 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 1,044,966 1,075,532 1,128,514 1,166,183 1,136,476 August 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 994,445 993,985 1,001,461 September 645,902 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 757,033 795,807 762,374 October 461,791 413,573 472,836 515,531 536,204 547,201 486,570. 484,425 508,092 532,537 566,173 536,294 November 611,147 607,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 623,646 713,117 628,046 December 1,994,540 2,068,851 2,254,709 2,070,834 1,883,805 2.062,205 1,933,940 2,139,417 2,171,098 2,362,095 2,549,032 2,378,760 Total 13,030,448 13,719,308 14,747,419 15,030,386 14,509,421 15,232,588 15,411,044 15,106,801 14,578,983 15,466,979 16,483,979 15,576,100 5,026,253 405,214 Jeffrey B. Antonius 1881 Lionsridge Loop Vail Point Unit #7 Vail, CO 81657 March 26, 2006 Honorable Rod Slifer Mayor -Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Community Development Dear Mayor Slifer: It is a delight to write a positive letter regarding several people that work in the Community Development Department of the TOV. In particular, Warren Camabell. who has been extremely unselfish with his time. However, my comments are not limited to just Warren, but also include J.R. Mondrapon, Leonard Sandoval, Joe Suther. & Diane Golden. I have owned a town home in Vail Point since 1998. I am also on the Board of Directors of Vail Point. My base home is in Downingtown, PA., a Philadelphia suburb. Over the last two years, I have had many reasons to interact with TOV govemment- anywhere from securing tentative DRB approval for an expansion of my Town home prior to the new GRFA rules to the final permitting and issuance of a CO. Additionally we are planning to re-deck our community swimming pool and hot tub'spa this year; hence again interface with this department. I was apprehensive in dealing with "city government" in dealing with the aforementioned independent projects-all the "government horror stories. That apprehension evaporated the first day I walked into the office. I was greeted pleasantly and directed to the appropriate person(s). Rather than list by name, the extra, special efforts extended to me, including several courtesy visits to Vail Point, I will just list what I experienced: • Willingness to help/facilitate • Extra time given to offer advice and alternative solutions • A genuine interest in helping me with all the issues • Great follow through • Supplying extra info (.PDF files, emails of plat lines, digging out files from mounds of history, ,etc.) • A clear "can-do" attitude • Proactive-working to help the customer -which includes stayed past office hours to accomplish the task I could go on, but I respect your time in reading this note. In short, Warren, J.R., Leonard, Joe, and Diane were there for me and us (Vail Point). The time and efforts accomplished was (is) greatly appreciated by me and I am confident. The Board of Directors at Vail Point, as well. If only other government offices would take a page out of this group's book, our lives would be demonstratively simpler when working on common issues. B. Antonius cc: Russell Forrest Director of Community Development cc: Mr. Stan Zemler Town Manager Vail e Chamber & Biusiness 1~ssociation March 10, 2006 Gore Creek Drive business owners: Attached is a letter to the editor that is being copied to the Vail Town Council. As a business owner, please sign in suppo of the preservati of the Pedestrian Bridge. f~ ' ~ /~~V ~~1~ u:-, ~~~~ '~Un,c 241 S. Frontage Rd. E., Suite 2 Vail, Colorado 81657 Phone: 970.477.0075 FAX: 970.477.0079 E-mail: info @ vailchamber.org . ~~ ~ ~ ~. U55W[:LL ~PU.6R y" ~~ ~~ ci~}~~ ~~ lP ~ Y,,~_ ~~l< ~I 1M~~~~l~~~ ~VV Vail Chamber Board of Directors Rich tenBraak, President Lourdes Ferzacca, Vice President Ron Weinstein, Sec.-Treas. Kaye Ferry, E.recutive Director Manor Vail La Tour Roxy K. Ferry, Inc. Mazka Brenner Dale Bugby John Cogswell Tom Gorman Blue Sky Mortgage Vail Resort Rentals The Squash Blossom VV Medical Center Steve Rosenthal Colorado Footwear 1,~~:5~~ ~ ~~c~~,,~~/ ..e. s #~~. 1 ~`«. ~~.~~. ~ ~;~~' Vail ^~~ ~ '~~ Chamber & ~: ,~- ~- g _~~. ~i~nsiness Association Letter to the Editor: 241 S. Frontage Rd. E., Suite 2 Vail, Colorado 81657 Phone: 970.477.0075 FAX: 970.477.0079 E-mail: infoC vailchamber.org On March 21,2006 the Vail,Town Council is scheduled to discuss the Pedestrian Bridge in Vail Village..That is the bridge that runs parallel to the International Bridge and creates easy access to Lower Gore Creek Drive. This subject came up about 3 years ago, and the question on the table then was whether to repair the bridge or remove it. The decision made at that time was to repair it. Apparently, the discussion this time centers around its removal. At our last meeting, the Vail. Chamber and Business Association Board of Directors discussed this issue, and on behalf of our members we strongly urge the Vail Town Council to use any means possible to retain the a bridge. The business owners on Lower Gore Creek Drive regard the Pedestrian Bridge as playing a vital role in directing traffic to their businesses. They have requested that we represent their interests in this•matter and show support for something that they view as critical to their success. We are aware that some challenges exist in regard to the safe operation of the bridge during high traffic events, but we feel sure that there is a solution to a problem that is only created on a few days a year. We would be happy to work on a resolution to these issues in a manner that will be workable, safe, and effective for the entire community. . Any members of the community that are interested in the preservation of the Pedestrian Bridge are encouraged to attend the evening town council meeting and voice their concerns. Marka Brenner Dale Bugby John Cogswell Kaye Ferry Lourdes Ferzacca Tom Gorman Steve Rosenthal Rich tenBraak Ron Weinstein CC: Vail Town Council Vail Chamber Board of Directors Rich tenBraak, President ~ Lourdes Ferzacca, Vice President Ron Weinstein, Sec.-Treas Kaye Ferry, Execietive Director Manor Vail La Tour Roxy K. Ferry, [nc. Marka Brenner Dale Bugby John Cogswell Tom Gorman Blue Sky Mortgage Vail Resort Rentals Ttie Squash Blossom VV Medical Center Steve Rosenthal Colorado Footwear