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HomeMy WebLinkAbout2007 Town Council Agendas Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JANUARY 2, 2007 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 12.05.06, 12.12.06 and 12.19.06 Minutes. 3. ITEM/TOPIC: Town Manager's Report. (10 min.) • LionsHead Parking Structure Financial Critique of Proposals. 4. Leslie Fordham ITEM/TOPIC: Windmill Event. (15 min.) ACTION REQUESTED OF COUNCIL: Vote to approve the AIPP expenditure. BACKGROUND RATIONALE: Art in Public Places is requesting that the town council approve the expenditure of $94,500 for an event that will promote cultural tourism and bring greater awareness of the visual arts in Vail. Environmental artist, Patrick Marold will install two thousand seven hundred miniature light generating windmills on the Vail Golf Course for one month, beginning March 16, 2007. Each windmill is attached to an eight foot high post and will respond to the wind's behavior. The artist envisions that the glowing lights, placed in a field of snow, will create sense of mystery and wonder. Besides providing a unique visual experience the artist wants to bring attention to renewable energy sources and the power of nature. The twinkling lights will be visible from the Frontage Road and 170. AIPP will encourage people to walk though the windmill field and will work with the Vail Golf Course to provide nighttime sleigh rides to the site. The project has the support of the Vail Recreation District. Permission has been granted to install three thousand windmills on the golf course. The Vail Symposium has offered to lend support organizing an artist speaker evening and publicizing the event. Board Recommendations: AIPP believes that Vail has the potential to broaden and promote cultural programs. This event is a first step in taking the visual arts art in Vail to a higher level and building a reputation as a first class resort, providing both recreation and arts activities. Impact studies in Colorado have shown that arts events can be powerful economic engines that help sustain and drive the economy. The Art in Public Places board recommends that the town council votes to approve the expenditure. 5. George Ruther 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 setback and site coverage variance application, pursuant to Section 12-6H-6, Setbacks and Section 12-6H-9 Site Coverage, Vail Town Code, to allow for three residential additions, located at 400 East Meadow Drive, Units 6, 7 & 8, Tyrolean Condominiums//Lot 5D, Vail Village First Filing, and setting forth details in regard thereto. (PEC06-0070, 0071, 0072). (45 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. BACKGROUND RATIONALE: On November 13, 2006, the Planning and Environmental Commission held a public hearing to consider three (3) requests for variances from Section 12-6H-6, Setbacks, and Section 12-6H-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for three (3) residential additions to the Tyrolean Condominiums, located at 400 East Meadow Drive. Upon review of the variance applications, the Commission voted 3-1-1 (Dewitt opposed)(Pierce recused) STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council overturns the decision of the Planning and Environmental Commission denying a request for variances from Section 12-6H-6, Setbacks and Section 12-6H-9, Site Coverage, Vail Town Code. A copy of the staff memorandum to the Planning and Environmental Commission, dated November 13, 2006, has been attached for reference. 6. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of a request for a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC06-0077). (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the conditional use permit application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On November 27, 2006 the Planning and Environmental Commission approved, with conditions, a request for a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A. The Vail Town Council "called-up" this Planning and Environmental Commission's action due to concerns about a condition of approval prohibiting parking along Westhaven Drive or the South Frontage Road. Please refer to the staff memorandum dated November 27, 2006 for additional information. 7. 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. (15 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. 8. Lorelei Donaldson ITEM/TOPIC: Resolution No. 1, Series of 2007, 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. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 1, Series of 2007. BACKGROUND RATIONALE: Pursuant to Section 24~- 402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. RECOMMENDATION: Approve Resolution No. 1, Series of 2007. 9. Leslie Fordham ITEM/TOPIC: Resolution Number 2, Series 2007. A resolution adopting art in public places temporary art program; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny first reading of Resolution No. 2, Series of 2007. BACKGROUND: A Temporary Art Program will allow artists and galleries to place artwork on Town owned property for a one year lease and a fee of $1,000. The Council has determined that artwork enriches the community by providing an outdoor art exhibition and creates an opportunity to showcase the sculpture of local galleries that choose to participate in the program STAFF RECOMMENDATION: Approve, approve with amendments, or deny first reading of Resolution No. 2, Series of 2007. 10. ITEM/TOPIC: Adjournment. (8:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, FEBRUARY 6, 2007 IN THE 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, JANUARY 16, 2007 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.) 3. George Ruther ITEM/TOPIC: A request for permission to proceed through the development review process with a proposal to construct exterior improvements (ie, lighting, graphics, signage, exterior paint, etc.) to the facade of the Colorado Ski Museum located within the Vail Transportation Center. (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 Colorado Ski Museum, represented by Executive Director David Scott, is proposing to construct exterior improvements to the facade of the Colorado Ski Museum located within the Vail Transportation Center. At this time the exterior plans are only conceptual in nature. Pending the outcome of this request, the applicant will appear before the Town of Vail Design Review Board with a more complete development review application. The Town Council, as the owner of the property, must grant the applicant permission to proceed through the Town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council grants the Colorado Ski Museum permission to proceed through the development review process. 4. Nina Timm ITEM/TOPIC: Commercial Linkage and Inclusionary Zoning for Employee Housing Mitigation. (90 min.) BACKGROUND: On January 2, 2007, the Town Council directed staff to modify the draft Employee Housing Ordinance to include a Commercial Linkage requirement of 20% and an Inclusionary Zoning requirement of 30% of net new residential square feet. Town Council requested that this item be on the next evening agenda so that public input could be received. ACTION REQUESTED OF COUNCIL: Receive public input and provide staff direction. STAFF RECOMMENDATION: See Memorandum dated January 16, 2007. 5. Russ Forrest ITEM/TOPIC: LionsHead Parking Structure Request For Proposals. (10 min.) ACTION REQUESTED OF COUNCIL: Town staff is requesting budget authorization for $35,000 to perform a financial critique on the two development proposals for the LionsHead Parking Structure and to specifically engage Economic Planning Systems to complete that critique. BACKGROUND: On November 21, 2006, the Town Council received input from the public and requested that the proposals be reviewed and critiqued by a financial expert that could review the financial viability of the proposals and the proposed financial public benefits and risks of each proposal. To ensure that a final product meets with the Town Council's goals for this review, Staff prepared a request for proposals with a scope of services (See attachment A in the staff memorandum). 6. Warren Campbell ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of an a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West LionsHead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC06- 0081 and PEC06-0082). (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the major exterior alteration and conditional use permit applications pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On December 11, 2006 the Planning and Environmental Commission approved, with conditions, a request for a major exterior alteration and a final review of a conditional use permit to allow for the development of 45 fractional fee club units and one additional residential dwelling unit within the previously approved Ritz Carlton Residences. The Vail Town Council "called-up" this Planning and Environmental Commission's action due to concerns about a condition of approval regarding the provision of employee housing beds associated with the development of the project. Please refer to the staff memorandum dated December 11, 2006, for additional information. 7. Rachel Friede ITEM/TOPIC: First Reading of Ordinance 2, Series of 2007 (Housekeeping Ordinance). (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance 2, Series of 2007 on first reading. BACKGROUND RATIONALE: Staff is proposing text amendments to the Vail Town Code in response to errors identified by the Town's codifier. The Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council on January 8, 2007. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Ordinance 2, Series of 2007, on first reading. 8. Rachel Friede ITEM/TOPIC: First Reading of Ordinance 3, Series of 2007 (Wildfire Roofing Ordinance), an ordinance to amend Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations, require Class A roof assemblies or Class A roof coverings for all structures within the Town of Vail, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance 3, Series of 2007 on first reading. BACKGROUND RATIONALE: On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for proposed text amendments identified in Ordinance 3, Series of 2007. Staff has since gone to the Town Council for two work sessions to discuss policy issues related to the proposed wildfire roofing ordinance. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Ordinance 3, Series of 2007, on first reading. 9. Rachel Friede ITEM/TOPIC: Ordinance No. 4, Series of 2007, an ordinance to amend Title 10, Building Regulations, to adopt the 2005 National Electrical Code by reference, and add amendments to the International Building Code, the International Residential Code, the National Electrical Code and the International Energy Conservation Code, for housekeeping purposes and to comply with Ordinance 3, Series of 2007, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2007. BACKGROUND RATIONALE: On July 1, 2005, the State of Colorado adopted the 2005 National Electrical Code (NEC) and requires that all municipalities adopt the NEC as well. Amendments may be made to the NEC as long as they are more stringent than the adopted code. Ordinance No. 3, Series of 2007, will require Class A roof assemblies or Class A roof coverings and will ban wood shake and wood shingles for all structures within the Town of Vail. Ordinance No. 4, Series of 2007, will serve to amend Title 10, Building Regulations, a title that includes adoption by reference of the various standard codes, and also includes all amendments to those codes. Ordinance No 4, Series of 2007 will amend Title 10 to come into compliance with State Regulations as well as Ordinance No. 3, Series of 2007. STAFF RECOMMENDATION: Department recommends that Ordinance No. 4, Series of 2007, The Community Development the Town Council approve upon first reading. 10. George Ruther ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 4, Block 1, Vail Lionshead 2nd Filing from High Density Multiple Family (HDMF) district to Lionshead Mixed Use - 1 (LMU-1) district, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 5, Series of 2007 on first reading. BACKGROUND RATIONALE: On January 8, 2007, 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 approved (4-3-0) 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. 5, Series of 2007, on first reading. 11. ITEM/TOPIC: Adjournment. (9:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, FEBRUARY 6, 2007 IN THE 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 20, 2007 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. ITEM/TOPIC: Town Manager's Report. (10 min.) • Environmental Plan Update. 4. David Johnson ITEM/TOPIC: ECO 2030 Transit Vision. (15 min.) ECO Transit asks to discuss its long range plan for transportation, titled 2030 Transit Vision. For every one car on the road in Eagle County in 2000, there will be 2.7 vehicles in 2030. Between 2005 and 2030, commuting into Eagle County will increase 30-fold, from approximately 1,000 per day to over 30,000. Eagle County estimates that over $450 million in road improvements will be needed to accommodate these traffic forecasts. ECO Transit's 2030 vision advocates regional rail connecting pedestrian-oriented town centers with their own local feeder-circulator transit systems. Transit Planner David Johnson will discuss elements of regional rail, local transit systems, transit and pedestrian oriented land use and steps required to achieve this vision. 5. Jill Hunsaker ITEM/TOPIC: Eagle Valley Health Assessment. (15 min.) 6. Kris Dropinsky ITEM/TOPIC: Recreation Masterplan. (30 min.) 7. Steve Wright ITEM/TOPIC: Off-highway vehicles. (10 min.) 8. Mike McGee ITEM/TOPIC: BDA Ordinance (10 min.) 9. Matt Mire ITEM/TOPIC: Deferred Meeting Resolution. (5 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 WORK SESSION WILL BEGIN AT TBD, TUESDAY, MARCH 13, 2007 IN THE 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 13, 2007 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.) Revenue Update. Notification process for the wildlife-resistant containers. 3. Rob Katz ITEM/TOPIC: West LionsHead "Green" Development. (15 min.) 4. ITEM/TOPIC: Consent Agenda. (5 min.) a. Minutes from February 6 and February 20, 2007. 5. Maribeth Gustofson ITEM/TOPIC: Presentation of appreciation awards to the Town of USFS Vail and Vail Fire Department. (5 min.) 6. Dwight Henninger ITEM/TOPIC: Wildfire Mitigation, Response and Evacuation plans for 2007. (45 min.) Action Requested of Council: Approve, approve with amendments; the 2007 mitigation plan from the approved 2007 Forest Health project budget. Authorize up to $145,200 from the RETT fund during the next supplemental budget process for implementation of a 6 person hand crew, a community education program and Fire Department wildfire training. Background Rationale: Phil Bowden of the US Forest Service will present a brief overview of the potential wildfire behavior in Vail and discuss the planned mitigation efforts for this year and the next four summers. Fire Chief John Gulick will present the Vail Fire Department and other local fire agencies response plans for a wildland fire in Vail and present response scenarios as they might occur within the community. Police Chief Dwight Henninger will provide an overview of the town's evacuation plan and other town department's responsibilities during a wildfire. Marc 1 Mullenix, a consultant the town has hired to review the town's wildfire preparation efforts will discuss his findings and recommendations. Included in the findings are the recommendations to fund a 6 person hand crew, provide additional training for Vail Fire personnel and increase the presence of the community "Fire Wise" information program. Staff Recommendation: Approve the 2007 mitigation plan and additional plan items. 7. Kathleen Hallaron ITEM/TOPIC: 2006 Year-end Investment Report. (5 min.) ACTION REQUESTED OF COUNCIL: No formal action requested -information only. BACKGROUND RATIONALE: Section 2-2-8 of the Town Code requires an annual presentation of the town's investment report, which is also provided as a written report for each quarter. This agenda item is a presentation of the town's investment report as of December 31, 2006. 8. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Design Review Board's denial of a design review application for a minor alteration, pursuant to Chapter 12- 11, Design Review, Vail Town Code, to allow for storefront facade renovations, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (DRB06-0540) (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of the design review application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On February 21, 2007, the Design Review Board held a public hearing to consider a design review application for a minor alteration to allow for storefront facade renovations to the Landmark Building, located at 610 West LionsHead Circle. Upon review of the application, the Board voted 2-2 (Dantas and Dorward in favor; Dunning and Rogers opposed) to approve the application. The motion for approval failed by a split vote and the application was therefore denied. 9. Andy Knudtsen ITEM/TOPIC: LionsHead Parking Structure Proposal - Stan Zemler Economic Planning Systems (EPS) will present their independent EPS financial analysis of the LionsHead Parking Structure redevelopment proposal submitted by The Open/Hillwood Partnership (OHP). Staff will report on sequencing issues as analyzed by the Beck Group and appraisals prepared by Bowes and Company and Rocky Mountain Valuations. (60 min.) 2 ACTION REQUESTED OF COUNCIL: Listen to and discuss the information presented. Provide direction to staff concerning any additional information needed to make a decision on March 20tH BACKGROUND RATIONALE: In May, 2006, the town issued a request for proposals (RFP) for the potential redevelopment of the LionsHead Parking Structure. Two developers submitted proposals which have been presented and discussed with Council and the public over several months. In mid-February, one developer withdrew, leaving OpenHospitality/Hillwood Capital Partnership as the only proposal under consideration. During the process to date, three issues were identified as needing independent analysis: valuation of the property by two independent appraisals; sequencing demolition and reconstruction of the existing parking so that no spaces are lost during the ski season; and financial aspects of the project including the developer's ability to complete the project, the proposed financing structure, and the value of public benefits. STAFF RECOMMENDATION: Staff recommends an agenda item on March 20th for public input and further discussion. At that time, staff plans to 1. request permission to enter into a 120-day exclusive negotiation with OHP for the redevelopment of the LionsHead Parking structure and 2. to simultaneously review and evaluate OHP's proposal to redevelop Timber Ridge. 10. George Ruther ITEM/TOPIC: First reading of an ordinance amending Title 12, Nina Timm Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 23, entitled Commercial Linkage, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 7, Series of 2007, on first reading BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: Department recommends that Ordinance No. 7, Series of 2007, The Community Development the Town Council approves upon first reading. 11. George Ruther ITEM/TOPIC: First Reading of an ordinance amending Title 12, 3 Nina Timm Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 24, entitled Inclusionary Zoning, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 8, Series of 2007, on first reading BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: Department recommends that Ordinance No. 8, Series of 2007, The Community Development the Town Council approves upon first reading. 12. George Ruther ITEM/TOPIC: First Reading of an ordinance repealing and re- Nina Timm enacting Chapter 12-13, Employee Housing, Title 12, Zoning Regulations, Vail Town Code, to allow for revisions to the employee housing regulations; and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2007, on first reading. BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: Department recommends that Ordinance No. 9, Series of 2007, The Community Development the Town Council approves upon first reading. 13. George Ruther ITEM/TOPIC: A resolution establishing the "2007 Payment Of Fee- In-Lieu" fee for the Mitigation Of Employee Housing as prescribed in Chapter 12-23, Commercial Linkage, and Chapter 12-24, Inclusionary Zoning, Title 12, Zoning Regulations, Vail Town Code; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 6, Series of 2007. 4 BACKGROUND RATIONALE: On April 3, 2007, the Vail Town Council will be considering the adoption of Ordinances No. 7 & 9, Series of 2007, establishing new regulations for commercial linkage and inclusionary zoning. As allowed by the new regulations, a payment of fee-in-lieu option exists for mitigating required employee housing. The purpose of this resolution is to establish the "2007 Payment Of Fee-In-Lieu" fee. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves Resolution 6, Series of 2007. 14. Mike McGee ITEM/TOPIC: Second reading of Ordinance No. 1, Series of 2007 Matt Mire An ordinance amending title 10, Vail Town Code; adopting chapter 3, "in-building public safety radio system coverage"; providing minimum standards for in-building radio system coverage; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Table Ordinance No. 1, Series of 2007. BACKGROUND RATIONALE: The ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within structures and buildings to personnel and locations outside of the building and structures, is vital to the public and these responding agencies. A breakdown in communications among emergency responders and public safety personnel creates a serious risk of harm to and is a serious threat to the safety and welfare of emergency personnel, the citizens of the Town of Vail and the public in general. STAFF RECOMMENDATION: Table Ordinance No. 1, Series of 2007. 15. Steve Wright ITEM/TOPIC: Second reading of Ordinance No. 6, Series 2007. Matt Mire An ordinance designating certain streets and highways within the Town of Vail as off-highway vehicle routes for municipal use of off- highway vehicles; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 6, Series 2007. BACKGROUND: The Town's Public Works Department has purchased Off-Highway Vehicles, as defined by C.R.S. § 33-14.5- 101, to use for municipal maintenance. Pursuant to C.R.S. § 33- 14.5-110, any county, city and county, city, or town acting by its governing body may regulate the operation of Off-Highway Vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by 5 resolution or ordinance of the governing body and by giving appropriate notice thereof. STAFF RECOMMENDATION: Approve Ordinance No. 6, Series 2007. 16. Matt Mire ITEM/TOPIC: Resolution Number 7, Series 2007. A Resolution Approving the Budget Amendment of the Vail Local Marketing District, for its Fiscal Year January 1, 2007 through December 31, 2007. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 7, Series 2007. BACKGROUND: The Vail Local Marketing District (the "VLMD") has presented the Council with an amendment to the 2007 budget, appropriating two hundred ten thousand dollars ($245,000.00) for marketing related expenditures. Pursuant to C.R.S. § 29-25-110, the operating plan may, from time to time, be amended by the district with the approval of the local government. STAFF RECOMMENDATION: Approve, approve with amendments, or deny Resolution No. 7, Series 2007. 17. ITEM/TOPIC: Adjournment. (10:45 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, MARCH 20, 2007 IN THE 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. 6 TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, MARCH 20, 2007 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. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) ^ Community Construction Kick-Off Meeting set for March 30 at 8 a.m. ^ Request from reindeer carriage to modify town code. 3. ITEM/TOPIC: Information Update. (10 min.) 4. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 5. ITEM/TOPIC: Eagle County Health Assessment. (15 min.) 6. Chris Dropinsky ITEM/TOPIC: After a series of public engagements, including focus groups, a statistically valid survey, stakeholder meetings, staff interviews, and so on, the final draft of the Vail Parks and Recreation Master Plan will be presented to the joint boards of the Vail Recreation District (VRD) and the Vail Town Council. This presentation will include key points from the Vision Statement, Project Goals, Areas of Focus, Recommendations and Implementation. (30 min.) RECOMMENDATION: Staff from both the VRD and the Town of Vail recommend a joint approval of both their boards for the Vail Parks and Recreation Master Plan with direction to their staffs to move forward with implementation of the elements in all categories as outlined by the time schedule as well as in the order of priority, as noted in the plan. 7. Steve Wright ITEM/TOPIC: Noise Ordinance Discussion. (15 min.) Action Requested of Council: Discuss the existing town noise ordinance and give direction to staff, if changes are desired. Background Rationale: During citizen's participation at the Council meeting on March 13, it was requested that council review the current town noise ordinance section 5-1-7, to consider raising the current decibels limits and extending the time periods for allowable outdoor entertainment. The current ordinance prohibits amplified sounds between the hours of 10:00 P.M. and 8:00 A.M. and prohibits noise over 65 decibels in the commercial zone between the hours of 7:00 A.M. and 11:00 P.M. Staff Recommendation: The current ordinance appears to have a good balance between the needs of commercial establishments and the residential occupants of the core areas, no changes are recommended. 8. Todd Oppenheimer ITEM/TOPIC: Skate Board Park contract award. (20 min.) ACTION REQUESTED OF COUNCIL: Award the construction contract for the Vail Modular Skate Board Park to Hazard County Construction, McDonough, Georgia, for the amount of one hundred and sixty thousand dollars ($160,000.00). BACKGROUND RATIONALE: As directed by Council on January 16, 2007, staff has solicited proposals from qualified skate board park ramp manufacturers to construct a modular skate park facility on the top deck of the Lionshead Parking Structure. Staff would like to recognize the group of local skaters whose assistance was invaluable in drafting the Request for Proposals, soliciting and analyzing the responses, and interviewing selected companies. Proposals were received from 9 companies specializing in the construction of modular skate park ramps. All proposals were within the $170,000 budget limits stated in the RFP. Skate park layouts, materials, and construction techniques were reviewed by the skaters and staff. A short-list of 5 companies were given an opportunity to revise their proposals. Two companies were interviewed by the group and Hazard County Construction was selected as the company most qualified to meet the demands of this project. The schedule proposed by Hazard County Construction includes beginning work on the ramps on April 23, 2007 and completing the project in approximately 5 weeks. Hazard County will return in the fall and following spring to assist Town and VRD crews in the disassembly and reassembly of the skate park. The cost for this service will be approximately $2000 per trip and will be billed separately and will be paid for from the project for this fall only. Subsequent trips will be paid for from the Public Works operating budget. The total cost of providing the skate park on the Lionshead Parking Structure will include the rental of 6' temporary fencing as recommended by the town's insurance carrier and the rental of temporary sanitary facilities. These costs total $4700 and will be paid for from the project account. A small contingency is requested to cover unforeseen expenses relative to the project. 9. Chad Salli 10. Chad Salli Skate Park Cost Summary: Hazard County Construction $160,000 Temporary fencing and toilets $ 4,700 Fall assistance $ 2,000 Contingency $ 3,300 Total $170,000 In addition to the above costs the in-kind value of the labor and equipment provided by the Department of Public Works and Transportation is approximately $21,000 per year. These costs are not charged to the project. STAFF RECOMMENDATION: Staff recommends that the council approve the overall project budget of $170,000 and award the contract for construction of the skate park ramps to Hazard County Construction in the amount of $160,000. ITEM/TOPIC: 2007 Street Maintenance Project, Crack Sealing. (5 min.) the amount of $61,950.00. (5 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with Superior Asphalt to complete the 2007 Street Maintenance Project, Crack Sealing in BACKGROUND RATIONALE: Staff has received bids from two contractors for the 2007 Street Maintenance Project, Crack Sealing with Superior Asphalt the low bidder. The project is budgeted in the Capital Street Maintenance Budget. $61, 950.00. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with Superior Asphalt to complete the 2007 Street Maintenance Project, Crack Sealing in the amount of ITEM/TOPIC: 2007 Capital Street Maintenance Project, Type II Slurry Seal. (5 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with A-1 Chipseal Company to complete the 2007 Capital Street Maintenance Project, Type II Slurry Seal in the amount of $ 89,648.00 BACKGROUND RATIONALE: Staff has received bids from three contractors for the 2007 Capital Street Maintenance Project, Type II Slurry Seal with A-1 Chipseal Company the low bidder. The project is budgeted in the Capital Street Maintenance Budget. 11. Chad Salli STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with A-1 Chipseal Company to complete the 2007 Capital Street Maintenance Project, Type II Slurry Seal in the amount of $89,648.00. ITEM/TOPIC: Spraddle Creek Reconstruction Project. (5 min.) ACTION REQUESTED OF COUNCIL: Authorize Town Staff to approve a change order to the 2006 Spraddle Creek Relocation Project agreement with Western Slope Utilites to complete the Spraddle Creek Relocation across West Meadow Drive. BACKGROUND RATIONALE: Staff has received a change order request from Western Slope Utilities to complete the Spraddle Creek relocation, approximately 90 feet across Meadow Drive. This phase of the Spraddle Creek Relocation was originally scheduled to be completed with the reconstruction of West Meadow Drive. Western Slope Utilities proposes to construct the Spraddle Creek box culvert crossing of Meadow Drive during the spring 2007 construction season at the same time they complete their contract with the Eagle River Water and Sanitation District's water line replacement in West Meadow Drive. STAFF RECOMMENDATION: Authorize Town Staff to approve a change order to the 2006 Spraddle Creek Relocation Project agreement with Western Slope Utilities to complete the Spraddle Creek Relocation across West Meadow Drive in the amount of $126,254.00. 12. Stan Zemler ITEM/TOPIC: LionsHead Parking Structure Proposal. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny staff's request to 1. enter into exclusive negotiations with Open Hospitality/Hillwood Capital Partners (OHP) for redevelopment of the LionsHead parking structure and 2. simultaneously review and evaluate OHP's proposal to redevelop Timber Ridge. (30 min.) developers submitted proposals which have been presented and discussed with Council and the public over several months. In mid-February, one developer withdrew, leaving OpenHospitality/Hillwood Capital Partnership as the only proposal under consideration. On March 13, the results of three independent analyses were presented to Council: parking structure construction schedule review; property value appraisals; and financial review. The results of these studies are summarized BACKGROUND RATIONALE: In May, 2006, the town issued a request for proposals (RFP) for the potential redevelopment of the LionsHead Parking Structure. Two in the enclosed staff memo dated March 8, 2007. The March 20tH meeting is the final opportunity for public comment before the town enters into exclusive negotiations with OHP. STAFF RECOMMENDATION: Approve staff's requests to 1. enter into exclusive negotiations with Open Hospitality/Hillwood Capital Partners (OHP) for redevelopment of the LionsHead parking structure and 2. simultaneously review and evaluate OHP's proposal to redevelop Timber Ridge. 13. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. 10, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2007. BACKGROUND RATIONALE: On February 26, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units, located at 141 and 143 Meadow Drive, and setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. Please refer to the staff memorandum to the Vail Town Council, dated March 20, 2007, for further details (attached). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 10, Series of 2007, on first reading. 14. Matt Mire ITEM/TOPIC: Ordinance No. 1, Series of 2007. An ordinance amending title 10, Vail Town Code; adopting chapter 3, "in- building public safety radio system coverage"; providing minimum standards for in-building radio system coverage; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 1, Series of 2007. BACKGROUND RATIONALE: The ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within structures and buildings to personnel and locations outside of the building and structures, is vital to the public and these responding agencies. A breakdown in communications among emergency responders and public safety personnel creates a serious risk of harm to and is a serious threat to the safety and welfare of emergency personnel, the citizens of the Town of Vail and the public in general. This amendment establishes a "Life Safety Standard." STAFF RECOMMENDATION: Approve, amend or deny second reading of Ordinance No. 1, Series of 2007. 15. ITEM/TOPIC: Adjournment. (9:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, APRIL 3, 2007 IN THE 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 3, 2007 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: Building & Fire Code Appeals Board (B&FCAB), Design Review Board (DRB), Planning and Environmental Commission (PEC) and Art in Public Places (AIPP) Board Appointments. (15 min.) ACTION REQUESTED OF COUNCIL: 1) Appoint one applicant to the B&FCAB for a term of five years (through March 31, 2012). 2) Appoint three applicants to the PEC for a term of two years each (through March 31, 2009). 3) Appoint two applicants to the DRB for a term of two years each (through March 31, 2009). 4) Appoint three applicants to the AIPP for a term of three years each (through March 31, 2010). BACKGROUND RATIONALE: There is currently one vacancy for the B&FCAB, three vacancies for PEC, two vacancies for DRB and three vacancies for AIPP. The Town received one application for the B&FCAB; four (4) applications for the PEC; four (4) applications for the DRB vacancies and eight (8) applications for the AIPP. Incumbent members of the B&FCAB, PEC, DRB, and AIPP are noted by asterisks below. It is requested that the Town Council interview each applicant at the work session and then appoint one applicant to the B&FCAB, three applicants to the PEC; two applicants to the DRB and three applicants to the AIPP at the evening meeting. The applicants are as follows: PEC: DRB: Lynn Fritzlen Thomas R. DuBois Brian Gillette Brian Gillette William B. Jewitt* William Pierce Michael D. Kurz Mildred "Jay" Raiola B&FCAB: AIPP: Mark Mueller* Barbie Christopher* John Cogswell Lisa Guzman Bethany L. Haynes Pam Hopkins* Rayla J. Kundolf Mark Le Varn Bill Rey* I have enclosed an attendance summary for each board (except for the B&FCAB, which meets very infrequently) for your review, as well as possible questions to ask the applicants. RECOMMENDATION: Appoint a total of one member to the B&FCAB to a five year term; three members to the PEC for two- year terms each; two members to the DRB for two-year terms each; and three members to the AIPP for three-year terms each. 3. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 03.13.07 & 03.20.07 Minutes. 4. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Update on private funding contributions for Seibert Circle. Earlier this year, Council agreed to extend the timeframe during which contributions from the private sector toward shortfall funding of Seibert Circle could be collected. The total shortfall was $125,000. To this date, contributions of $107,700 have been received + a final $20,000 check from Steve Virostek with the Willows. This Willows contribution will go against one of his "conditions of approval" that he provide $70,000 for public art. • Revenue Update. 5. Stan Zemler ITEM/TOPIC: LionsHead Parking Structure Redevelopment Update. (10 min.) 6. Dwight Henninger ITEM/TOPIC: Vail Police Department Accreditation Presentation. (5 min.) BACKGROUND: Rick Holman the Breckenridge Chief of Police and Northwest Colorado Association of Chiefs of Police Board Member will present the Vail Police Department with their professional standards accreditation award. (5 min.) 7. Stan Zemler ITEM/TOPIC: Conference Center Fund Reallocation Discussion. (30 min.) ACTION REQUESTED OF COUNCIL: Provide direction to staff regarding potential uses to explore in voter opinion poll. BACKGROUND RATIONALE: Town staff has been working with Public Opinion Strategies to draft a statistically significant telephone poll to probe voter interest for various reallocation scenarios for the Conference Center Fund. The survey will be used to assist the Town Council in determining a possible ballot question for the November 2007 election. It is estimated the fund will be approximately $9 million by the fall election. The conference center taxes (a half-cent sales tax and a 1.5 percent lodging tax) were approved by voters in 2002 and rescinded in 2006. The funding may be redirected to an alternate use(s) with the consent of Vail's electorate. Town Council is asked to review the current list of reallocation possibilities to be probed in the poll and to provide direction regarding adjustments or modifications: --Increasing tourism promotion, marketing and special events to draw year-round visitors --Providing greater access to workforce housing, including loans for first-time home buyers and acquisition of homes for local workers --Improving parks, trails and bike paths --Remodeling and improving Dobson Ice Arena so it can be used for other athletic and community events in addition to its use as an ice skating facility --Increasing environmental efforts, such as energy efficiency, recycling and improving the health of the forest by removing pine- beetle diseased trees --Maintaining roads --Remodeling public facilities, such as the library, fire station and other public buildings --Funding the needs of the town as they arise Following direction by the Town Council, the poll will be fielded with a sample size of 250 registered voters within the town. The election calendar indicates the ballot question must be set no later than August 21 upon second reading of an ordinance. 8. Leslie Fordham ITEM/TOPIC: Purchase of three sculptures. (10 min.) ACTION REQUESTED OF COUNCIL: Approve AIPP expenditure of $7700 for purchase of sculptures. BACKGROUND RATIONALE: The Art in Public Places board voted unanimously to purchase three sculptures that have been on loan to the town for the past five years. All three sculptures were part of previous summer exhibitions in Ford Park and have remained on loan to the town since then. AIPP has negotiated with the artists. The cost reflects a discount of up to 80% over the original asking price. Funding comes from the AIPP budget. Sculpture Artist Location Price Branching Pattern Robert Tully TRC stairs $4,200 Seat Rock Robert Tully Ford Park $1,500 Endless Possibilities G. Westerberg Willow Park $2,000 Total expenditure $7700 9. George Ruther ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning & Environmental Commission's decision to uphold an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building, located at 227 Bridge Street Lots C & D, and the southwesterly four feet of Lot B, Block 5-B, Vail Village First Filing, and setting forth details in regard thereto. (PEC06-0070, 0071, 0072) (5 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning & Environmental Commission's decision to uphold an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building. The Council may, pursuant to Section 12-3-3, Vail Town Code, grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) days. BACKGROUND RATIONALE: On February 12, 2007, the Town of Vail Planning & Environmental Commission held a public meeting to hear an appeal of an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building. Upon presentation of evidence and testimony, the Commission made eight findings of fact and voted unanimously to uphold the previous decision of the administrator. A copy of the memorandum to the Planning & Environmental Commission, dated February 12, 2007,and a copy of the approved meeting minutes have been attached for reference. Due to scheduling conflicts, neither the appellant nor the staff are available on April 3~d or 17th, and therefore, are requesting that this item be continued to the May 1, 2007, Town Council meeting. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council grants a continuance to allow the parties additional time to obtain information. In granting the continuance, staff recommends that the public hearing be continued to May 1, 2007. 10. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2007, upon second reading. BACKGROUND RATIONALE: On February 26, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units, located at 141 and 143 Meadow Drive, and setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. On March 20, 2007, the Town Council approved the first reading of Ordinance 10, Series of 2007, by a vote of 5-2-0 (Slifer and Gordon opposed). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 10, Series of 2007, on second reading. 11. George Ruther ITEM/TOPIC: Ordinance No. 7, Series of 2007. An ordinance Nina Timm amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 23, entitled Commercial Linkage, and setting forth details in regard thereto. (25 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 7, Series of 2007, on second reading BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 7, Series of 2007, upon second reading. 12. George Ruther ITEM/TOPIC: Ordinance No. 8, Series of 2007. An ordinance amending Title 12, Zoning Regulations, Vail Town Code, by the addition of new definitions to Section 12-2-2, and the adoption of a new Chapter 24, entitled Inclusionary Zoning, and setting forth details in regard thereto. (25 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 8, Series of 2007, on second reading BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 8, Series of 2007, upon second reading. 13. George Ruther ITEM/TOPIC: Ordinance No. 9, Series of 2007. An ordinance Nina Timm repealing and re-enacting Chapter 12-13, Employee Housing, Title 12, Zoning Regulations, Vail Town Code, to allow for revisions to the employee housing regulations; and setting forth details in regard thereto. (25 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2007, on second reading. BACKGROUND RATIONALE: On November 7, 2006, the Vail Town Council directed the Community Development Department to prepare text amendments to the Zoning Regulations to adopt commercial linkage and inclusionary zoning as tools to achieve the Town Council's stated goal of ensuring that employee housing is available for at least 30% of the new employees generated by new development within the Town of Vail. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 9, Series of 2007, upon second reading. 14. George Ruther ITEM/TOPIC: A resolution establishing the "2007 Pavment Of Fee-In- Lieu" fee for the Mitigation Of Employee Housing as prescribed in Chapter 12-23, Commercial Linkage, and Chapter 12-24, Inclusionary Zoning, Title 12, Zoning Regulations, Vail Town Code; and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 6, Series of 2007. BACKGROUND RATIONALE: On April 3, 2007, the Vail Town Council will be considering the adoption of Ordinances No. 7 & 9, Series of 2007, establishing new regulations for commercial linkage and inclusionary zoning. As allowed by the new regulations, a payment of fee-in-lieu option exists for mitigating required employee housing. The purpose of this resolution is to establish the "2007 Pavment Of Fee-In-Lieu" fee. 15. Matt Mire ITEM/TOPIC: Ordinance No 12, Series 2007, An Emergency Ordinance Amending Ordinance No. 26, Series 2006, Extending the Time in which Town Council may Adopt Employee Housing Regulations for Commercial and Residential Development and Redevelopment; and Setting forth Details in Regard Thereto. (10 min.) BACKGROUND: On October 17, 2006, the Town Council adopted Ordinance No. 26, Series, of 2007, which set forth the Town Council's intention to adopt employee housing regulations by April 15, 2007. In reliance on the "Pending Ordinance Doctrine," Ordinance No. 26, 2007 further required any development or redevelopment applications filed after October 17, 2006, to comply with the newly adopted housing regulations, if any. Ordinance No 12, Series 2007, is needed only if the Town Council finds and determines that additional time is necessary to study employee housing options before adopting new employee housing regulations. ACTION REQUESTED OF COUNCIL: Consider Ordinance No. 12, Series 2007, for approval. STAFF RECOMMENDATION: Approve Ordinance No 12, Series 2007. 16. Matt Mire ITEM/TOPIC: Resolution No. 8, Series 2007, A Resolution Approving the First Amendment to the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 8, Series 2007. BACKGROUND RATIONALE: On September 19, 2006 the Town Council approved the Consolidated Service Plan for Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3. The primary purpose of the metropolitan districts is to finance the public improvements associated with the "Solaris" redevelopment project. The formation of the districts was contemplated in the Development Agreement between the Town of Vail and Crossroads for the above-referenced project. The Consolidated Service Plan for the proposed districts details the purpose, intent and operation of the proposed districts. Because of the cost of the public improvements and the value of the underlying property, it is necessary to amend the Consolidated Service Plan to increase the debt cap from $20 million to $40 million. STAFF RECOMMENDATION: Approve Resolution No. 8, Series 2007. 17. Matt Mire ITEM/TOPIC: Resolution No. 9, Series 2007, a Resolution Approving an Intergovernmental Agreement between the Town of Vail, a municipal corporation of the State of Colorado ("Town"), and Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3, quasi- municipal corporations and political subdivisions of the State of Colorado (the "Districts"). (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 9, Series 2007. BACKGROUND RATIONALE: The Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts' Service Plan, approved by the Town on September 19, 2006 ("Service Plan"), as amended. The Service Plan requires the execution of an intergovernmental agreement between the Town and the Districts (the "IGA"). The IGA governs the relationship between the Town and the Districts and establishes certain requirements concerning the Districts' ability to levy taxes and issue debt. The Town and the Districts have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into the Intergovernmental Agreement ("Agreement"). STAFF RECOMMENDATION: Approve Resolution No. 9, Series 2007. 18. 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 WORK SESSION WILL BEGIN AT TBD, TUESDAY, APRIL 17, 2007 IN THE 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 17, 2007 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. (10 min.) ACTION REQUESTED OF COUNCIL: 1) Please interview the Local Licensing Authority (LLA) applicants to fill three vacancies at the work session and appoint three people to the LLA board at the evening meeting (two year terms, expire May 31, 2009); 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, 2012) 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 three vacancies on the LLA. The Town received five (5) 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 Bill Bishop* Mark Conlin Dick Cleveland* Connie Knight Bryant Roth *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 applicants are: Sally Jackle* (if reappointed Sally can only serve 2 of the 5 year term due to term limits) Daniel Padnick *Incumbent board member RECOMMENDATION: Appoint three people to the LLA, and appoint one person to the VLHA. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (20 min.) • Vail Pass Environmental Assessment Update. • Police Department Annual Report Attached you will find a copy of the 2006 Police Department Annual Report. The report documents the activities of the Police Department and Vail Public Safety Communications Center during 2006. Highlights include a 14.5% increase in call for service and no significant increases in crime rates. If you have any comments, or recommendations for future reports please forward them to Chief Dwight Henninger. • Seibert Circle Update. 4. Steve Wright ITEM/TOPIC: Noise Ordinance Discussion and Public Input. (15 Matt Mire min.) Action requested of Council: Discuss and obtain public input regarding the existing noise ordinance and give direction to staff if change is desired. Background Rationale: During the Council meeting of March 20, there was discussion of possibly amending the current town ordinance section 5-1-7, extending the time periods for allowable outdoor entertainment. The current ordinance prohibits amplified sound between the hours of 10:00 P.M. and 8:00 A.M Staff Recommendation: The current ordinance appears to have a good balance between the needs of the commercial establishments and the residential occupants of the core areas. However, if Council is desirous of making a change, staff recommends extending the period of allowable amplified sound on Friday and Saturday nights by one hour. 5. Gregg Barrie ITEM/TOPIC: 2007 Integrated Weed Management Plan Update. (15 min.) ACTION REQUESTED OF COUNCIL: NA BACKGROUND RATIONALE: Staff is presenting an update on Noxious Weed Management efforts for 2007. Please see the enclosed Memorandum for information. STAFF RECOMMENDATION: NA 6. Bill Carlson ITEM/TOPIC: Environmental Program Update. (15 min.) 7. Stan Zemler ITEM/TOPIC: LionsHead Parking Structure Update. (10 min.) 8. Stan Zemler ITEM/TOPIC: Conference Center Fund Reallocation Next Steps. (30 min.) ACTION REQUESTED OF COUNCIL: Provide direction to staff regarding next steps. BACKGROUND RATIONALE: At the April 3, 2007 meeting, following public input from the business community, Town Council voted 5 to 2 to proceed with a telephone poll to probe voter interest regarding various reallocation scenarios for the Conference Center Fund, so long as Council's procedural questions are satisfactorily addressed during the April 17 work session. It is estimated the fund will be approximately $9 million by the fall election. The conference center taxes (a half-cent sales tax and a 1.5 percent lodging tax) were approved by voters in 2002 and rescinded in 2006. The funding may be redirected to an alternate use(s) with the consent of Vail's electorate. Options for next steps include: Proceed with the telephone poll to be fielded in June and provide direction on the list of questions and possible uses to probe with input from a working group to be identified by the Town Council. Results would be used to determine readiness to set the ballot for November 2007, which would require second reading of an ordinance by August 21. Postpone the telephone survey and create a working group to be identified by the Town Council to recommend a possible ballot question for November 2007, which requires second reading of an ordinance by August 21. A telephone poll could be scheduled later to evaluate voter interest prior to a go/no- go ballot decision. Postpone the survey and ballot-setting process until 2008 when additional information will be known regarding future plans for public parking and aprivately-funded conference center as part of the LionsHead parking structure redevelopment negotiation process. 9. Judy Camp ITEM/TOPIC: DISCUSSION OF ORDINANCE NO. 13, Series of 2007, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND AND REAL ESTATE TRANSFER TAX FUND, OF THE 2007 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. 13, Series of 2007. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 13, Series of 2007, upon first reading. 10. Matt Mire ITEM/TOPIC: Ordinance No. 1, Series of 2007. An ordinance amending title 10, Vail Town Code; adopting chapter 3, "in- building public safety radio system coverage"; providing minimum standards for in-building radio system coverage; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 1, Series of 2007. BACKGROUND RATIONALE: The ability of police, fire, ambulance and other emergency providers and personnel to communicate with each other within buildings and structures, and to communicate from within structures and buildings to personnel and locations outside of the building and structures, is vital to the public and these responding agencies. A breakdown in communications among emergency responders and public safety personnel creates a serious risk of harm to and is a serious threat to the safety and welfare of emergency personnel, the citizens of the Town of Vail and the public in general. STAFF RECOMMENDATION: Approve, amend or deny second reading of Ordinance No. 1, Series of 2007. 11. Ceil Folz ITEM/TOPIC: Resolution Number 11, Series 2007. A resolution supporting the efforts of the Vail Valley Foundation to proceed with a bid for the 2013 FIS World Alpine Ski Championships. (20 min.l ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 11, Series 2007. BACKGROUND: In 2004 the Vail Valley Foundation (the "Foundation") executed a challenging, yet unsuccessful bid to bring the Alpine World Ski Championships to Vail. The Foundation now believes it is time to "put our foot back in the pool" and submit a bid for the 2013 World Alpine Ski Championships. The Alpine Ski Championships gather the greatest skiers from over forty countries to compete over a two week period of time in every alpine discipline. The Alpine Ski Championships are expected to attract more than 800 athletes, 1800 members of the media, 2000 volunteers and several large international sponsors. STAFF RECOMMENDATION: Approve Resolution No. 11, Series 2007. 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 WORK SESSION WILL BEGIN AT TBD, TUESDAY, MAY 1, 2007 IN THE 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, MAY 1, 2007 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 04.03.07 & 04.17.07 min. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Revenue Update. • Wildlife Resistant Containers. 4. Greg Hall ITEM/TOPIC: Construction Update. (5 min.) 5. Stan Zemler ITEM/TOPIC: LionsHead Parking Structure RFP Update. (5 min.) 6. Bill Gibson ITEM/TOPIC: First Reading of Ordinance No. 11, Series of 2007, an ordinance amending Special Development District No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (20 min.) Approve, approve with modifications, or deny Ordinance No. 11, Series of 2007, upon first reading. BACKGROUND RATIONALE: On April 9, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision and setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval, with conditions, of the request to amend Special Development District No. 4, Cascade Village, to the Vail Town Council. These recommended conditions have been integrated into Ordinance No. 11, Series of 2007. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 11, Series of 2007, on first reading. 7. George Ruther An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning & Environmental Commission's decision to uphold an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building, located at 227 Bridge Street Lots C & D, and the southwesterly four feet of Lot B, Block 5-B, Vail Village First Filing, and setting forth details in regard thereto. (PEC06- 0070, 0071, 0072) (60 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning & Environmental Commission's decision to uphold an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building. BACKGROUND RATIONALE: On February 12, 2007, the Town of Vail Planning & Environmental Commission held a public meeting to hear an appeal of an administrative action determining that Condominium Unit E within the Covered Bridge Building is the "street level" of the building. Upon presentation of evidence and testimony, the Commission made eight findings of fact and voted unanimously to uphold the previous decision of the administrator. On April 3, 2007, the Vail Town Council granted a continuance of the public hearing on the appeal to the May 1, 2007, Town Council meeting at the request of the staff and the appellant. A copy of the memorandum to the Planning & Environmental Commission, dated February 12, 2007,and a copy of the approved meeting minutes have been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council upholds the February 12, 2007, decision of the Planning & Environmental Commission, based upon the evidence and testimony presented and the eight findings of fact made by the Planning & Environmental Commission. 8. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 14, Series 2007. An Ordinance Amending Sections 5-1-7(H)(2)(d) Vail Town Code Regarding the Regulation of Amplified Sound for Commercial Purposes; and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 14, Series 2007. BACKGROUND: During the Council meeting of April 17, 2007, the Council directed the staff to provide an Ordinance amending the current town code section 5-1-7, extending the time periods for allowable outdoor entertainment. The Council wishes to extend the time which amplified-sound equipment may be used for commercial purposes on Friday and Saturday nights from 10:00 p.m. to 11:00 p.m. STAFF RECOMMENDATION: Approve amend or deny first reading of Ordinance No. 14, Series 2007. 9. Judy Camp ITEM/TOPIC: SECOND READING OF ORDINANCE NO. 13, Series of 2007, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2007 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. 13, Series of 2007. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 13, Series of 2007, upon second reading. 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 SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, MAY 15, 2007 IN THE 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, MAY 15, 2007 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. ITEM/TOPIC: Construction Update. (5 min.) 4. ITEM/TOPIC: LionsHead RFP Update. (10 min.) 5. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) 6. ITEM/TOPIC: Fireworks Ordinance. (15 min.) 7. Bill Gibson ITEM/TOPIC: Second Reading of Ordinance No. 11, Series of 2007, an ordinance amending Special Development District No. 4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 11, Series of 2007, on second reading. BACKGROUND RATIONALE: On May 1, 2007, the Vail Town Council approved Ordinance No. 11, Series of 2007, on first reading by a vote of 5-0-0. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 11, Series of 2007, on second reading. 8. Steve Wright ITEM/TOPIC: Second reading of Ordinance No. 14, Series 2007. An Ordinance Amending Sections 5-1-7(H)(2)(d) Vail Town Code Regarding the Regulation of Amplified Sound for Commercial Purposes. (15 min.) 9. ITEM/TOPIC: Adjournment. (0:00 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, JUNE 5, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, JUNE 5, 2007 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. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Revenue Update. • Construction Update. 3. ITEM/TOPIC: Consent Agenda. (5 min.) • Approval of 05.01.07 and 05.15.07 Minutes. 4. ITEM/TOPIC: Presentation of 2006 Audit Report. (15 min.) ACTION REQUESTED OF COUNCIL: The 2006 audit report is presented for Council information; no action is requested. BACKGROUND RATIONALE: In accordance with section 9.11 of the Vail Town Charter, an independent audit shall be made of all town accounts at least annually. The audit shall be conducted by certified public accountants and copies made available for public inspection at the municipal building. The 2006 audit was conducted by McMahan and Associates, LLC. Michael N. Jenkins, C.A., C.P.A, and a principal of the firm will present the results of the audit to the Council and the public. 5. Stan Zemler ITEM/TOPIC: LionsHead Structure Redevelopment. (10 min.) 6. Todd Scholl ITEM/TOPIC: The Town has received approval from San Joaquin RTD to utilize one of it's options from a contract with Gillig Corp. to purchase a 40' low floor hybrid bus. The purchase price is $515,771, the Town has an FTA grant for $382,976, so the Town's portion to fund this purchase $132,795. We are asking for approval to enter into a contract with Gillig to purchase this bus. (10 min.) 7. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 16, Series 2007. An Ordinance to Prohibit the Possession, Sale or Use of Fireworks within the Town of Vail; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 16, Series 2007. BACKGROUND: Pursuant to C.R.S. §12-28-107, the Town is authorized to adopt an ordinance establishing prohibitions upon the sale, use, and possession of fireworks, including "permissible fireworks" as defined in C.R.S. § 12-28-101, within the corporate limits of the town. STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 16, Series 2007. 8. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 15, Series of 2007, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 21, Buffher Creek Subdivision, from Primary/Secondary (P/S) district to Low Density Multiple-family (LDMF) district, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 15, Series of 2007 on first reading. BACKGROUND RATIONALE: On May 14, 2007, 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 with a condition of the rezoning request to the Vail Town Council. The Planning and Environmental Commission placed the following condition on the recommendation; "That Lot 21, Buffehr Creek Subdivision, shall be limited to no more that six (6) dwelling units regardless of that allowable under Low-Density Multiple Family District zoning." STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 15, Series of 2007, on first reading. 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 WORK SESSION WILL BEGIN AT TBD, TUESDAY, JUNE 19, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, JUNE 19, 2007 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: Commission on Special Events Appointment (CSE). (5 min.) ACTION REQUESTED OF COUNCIL: Appoint one applicant to the CSE. BACKGROUND RATIONALE: Applicants must be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail, or be employed within the Town of Vail. The term of the new member shall be until December 31, 2007 to fill the term vacated by Robert Aikens who had to resign due to personal reasons which didn't allow for him to attend the meetings at this time. Members of the CSE shall serve at the will of the Town Council. The CSE shall support the Town Council's goals and objectives and makes decisions in alignment with the Town Council's marketing direction. The mission of the CSE is to support street entertainment and special events for vitality, year-round fun, sense of community and increased quality of experience for guests and residents. The Functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. There is currently one vacancy on the CSE. The Town received two (2) applications for the vacancy. The Council needs to interview each applicant at the work session and then appointment one applicant to the CSE at the evening meeting. The applicants are as follows: Bobby Bank Michelle Kobelan RECOMMENDATION: Appoint one member to the CSE. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Bighorn Park Update The Department of Public Works would like to announce the reopening of the Bighorn Park Playground as of Monday, June 18th. The play area has been under construction since September. The redesigned play area includes artistic log "Bloom" structures constructed of beetle-killed lodge pole pine trees. There are multiple slides and custom climbers as well as several "spinners". The renovation budget was $346,000. Bighorn Park is also the location for the AIPP "Community Stone" project. The 5 foot boulder is engraved with the handprints of local children. The handprints were collected from schools and daycare centers throughout Vail in 2006. There will be an official dedication at the July 12 Bighorn Neighborhood Picnic. • Update on Loading and Delivery 4. ITEM/TOPIC: LionsHead Structure Update. (10 min.) 5. Gregg Barrie ITEM/TOPIC: Vail Whitewater Park Recreational Enhancements. (10 min.) ACTION REQUESTED OF COUNCIL: Based on the Council recommendations from the June 5th Work Session, Staff is requesting the following: 1. Approve a project budget of $ 376,000 for the construction of Alternative B AND 2. Authorize the Town Manager to enter into an agreement with Ted Siepel Construction, Inc. in an amount not to exceed $ 337,100 for the construction of the Vail Whitewater Park Enhancements. BACKGROUND RATIONALE: During 2006, Town staff presented the concept of an adjustable Whitewater feature to the Town Council. Each time the project was presented, design and pricing were discussed, and the question was asked whether to continue with the project. In August, the Town Council overturned a Planning and Environmental Commission denial of the proposal. In March 2007, the town received 3 bids for the construction of the project. Working with the lowest bidder, staff developed 4 Alternatives for the Council to consider. The Alternatives were presented at the June 5th Work Session. The recommendation from the Town Council was to return at the next meeting for approval of Alternative B. Amore detailed explanation of the alternatives are presented in the attached Memorandum. STAFF RECOMMENDATION: Staff recommends that this is the only option for making any significant improvement to the Vail Whitewater Park. If the Council is inclined to fund the project, Staff recommends constructing Alternative B, increasing the project budget by $292,000 to a total of $376,000, and entering into a contract with Ted Siepel Construction, Inc to construct the project. 6. Stan Zemler ITEM/TOPIC: Discuss the proposed redevelopment of the Timber Ridge Employee Housing project, located at 1280 North Frontage Road with the Vail Town Council. (30 min.) 7. Kathleen Halloran ITEM/TOPIC: Discussion of Council Out of Cycle Contribution Requests for 2007. (15 min.) ACTION REQUESTED OF COUNCIL: Decide on contributions to be included in the next supplemental for the 2007 Budget. BACKGROUND RATIONALE: To be provided in separate memo. STAFF RECOMMENDATION: To be provided in separate memo. 8. George Ruther ITEM/TOPIC: First reading of Ordinance No. 17, Series of 2007, 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 C1 - C5, Lions Ridge 1St Filing from Special Development District No. 10 (Timber Ridge Village Apartments) to Housing (H) district, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 17, Series of 2007 on first reading. BACKGROUND RATIONALE: On June 11, 2007, 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 approved (7-0-0) 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. 17, Series of 2007, on first reading. 9. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 15, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 21, Buffehr Creek Subdivision, from Primary/Secondary (P/S) district to Low Density Multiple-family (LDMF) district, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 15, Series of 2007, on second reading. BACKGROUND RATIONALE: On May 14, 2007, 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 with a condition of the rezoning request to the Vail Town Council. On June 5, 2007, the Vail Town Council unanimously approved Ordinance No. 15, Series of 2007, on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 15, Series of 2007, on second reading. 10. Dwight Henninger ITEM/TOPIC: Second reading of Ordinance No. 16, Series 2007, An Ordinance to Prohibit the Possession, Sale or Use of Fireworks within the Town of Vail; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 16, Series 2007. BACKGROUND: Pursuant to C.R.S. §12-28-107, the Town is authorized to adopt an ordinance establishing prohibitions upon the sale, use, and possession of fireworks, including "permissible fireworks" as defined in C.R.S. § 12-28-101, within the corporate limits of the Town. Ordinance No. 16 prohibits "fireworks" that are already currently prohibited by Colorado state statute and will allow the Town to more effectively prosecute these types of violations in the Town of Vail Municipal Court. STAFF RECOMMENDATION: Approve second reading of Ordinance No. 16, Series 2007. 11. ITEM/TOPIC: Adjournment. (7:55 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, JULY 3, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, JULY 3, 2007 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 06.05.07 & 06.19.07 Minutes. • Revenue Update. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report /Information Update. (10 min.) • Construction Update. 4. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 5. George Ruther ITEM/TOPIC: PEC/DRB Update. (15 min.) 6. Leslie Fordham ITEM/TOPIC: The Willows Public Art Obligation. (10 min.) 6. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 17, Series of 2007, 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 C1 - C5, Lions Ridge 1St Filing from Special Development District No. 10 (Timber Ridge Village Apartments) to Housing (H) district, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or Deny Ordinance No. 17, Series of 2007 on second reading. BACKGROUND RATIONALE: On June 11, 2007, 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 approved (7-0-0) a motion recommending approval of the rezoning request to the Vail Town Council. On June 19, 2007, the Vail Town Council approved Ordinance No. 17, Series of 2007, on first reading. In doing so, however, the Town Council members asked staff to prepare a text amendment application to discuss the parking requirements in the housing zone district. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 17, Series of 2007, on second reading. 7. ITEM/TOPIC: Adjournment. (0:00 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, JULY 3, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, JULY 17, 2007 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. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) 3. Chris Cares ITEM/TOPIC: Community Survey Results. (50 min.) Suzanne Silverthorn BACKGROUND: The town's biennial Community Survey was conducted earlier this year in which a random sampling of 400 households received telephone calls during atwo-week period between March 26 and April 14. Responses were obtained from 300 year-round residents and 100 part-time residents. In addition there were 48 respondents who completed aweb-based survey and 11 others who used amail-back format. The survey takes place every-other-year and is used to evaluate municipal service levels and to identify community priorities. Chris Cares, representing the research firm RRC Associates, will provide an overview of selected observations and key findings. The results will be posted on the town's website at www.vailgov.com beginning July 17. ACTION REQUESTED OF COUNCIL: Review the report and ask questions and add comments as needed. 4. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2007, on first reading. BACKGROUND RATIONALE: On July 9, 2007, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for amendments to the regulation of temporary business offices by a vote of 3-2-1 (Cleveland and Jewitt opposed, Pierce recused). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 22, Series of 2007, on first reading. 5. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 18, Series of 2007, an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 18, Series of 2007, on first reading. BACKGROUND RATIONALE: On June 11, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on the request to amend the prescribed zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-1 (Cleveland opposed, Gunion recused). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 18, Series of 2007, on first reading. 6. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2007, upon first reading. BACKGROUND RATIONALE: On June 25, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several other minor changes, located at 141 and 143 Meadow Drive, and setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 21, Series of 2007, on second reading. 7. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. 19. An Ordinance for the Vacation and Termination of Certain Existing Public Utility Easements within Lot 2, West Day Subdivision. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 19, Series 2007. BACKGROUND RATIONALE: As part of the approved project on Lot 2, West Day Subdivision, certain platted utility easements and utilities lying within Lot 2, are being replaced and/or reconfigured at other locations in connection with the West Day Development, and new easements have been granted or are in the process of being granted. 8. ITEM/TOPIC: Adjournment. (8:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, AUGUST 7, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, AUGUST 7, 2007 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. (15 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 07.03.07 and 07.17.07 Minutes. 3. ITEM/TOPIC: Town Manager's Report. (10 min.) • Revenue Update. 4. Tom Allender ITEM/TOPIC: Vail Mountain Master Plan Update and Discussion. (30 min.) 5. Rachel Friede ITEM/TOPIC: Vail 20/20 Strategic Plan Update. (15 min.) Stan Zemler BACKGROUND: On January 17, 2006, the Town Council approved a scope of work that included soliciting a facilitator to garner community participation and a consultant to assist town staff in drafting a vision and community plan. In February 2006, the town selected Design Workshop as the facilitator and consultant for this project. Beginning in March 2006, staff met with various stakeholders in the community who provided valuable insight into the process, including the Eagle River Water and Sanitation District, participants in the Vail Tomorrow process and the Vail Village Homeowners Association. The Vail 20/20 process officially began with a meeting of institutional stakeholders on Aug. 3, 2006 at Donovan Pavilion. The stakeholders provided input regarding individual organizational goals, as well as town and regional issues, which concern their organization. On Aug. 22 and 24, 2006 two community workshops were held at Donovan Pavilion to discuss Vail's existing values and Vail's vision for the future with members of the community. On Sept. 19, 2006, staff presented draft values and vision statements to the Town Council and provided an update on the Vail 20/20 process. Town Council provided comments on the drafts and instructed staff to proceed with the Vail 20/20 Strategic Plan process. On Dec. 5, 2006, the Town Council approved a draft set of goals and instructed staff to use those goals as the basis for the Vail 20/20 Strategic Plan. Since December 2006, staff has been drafting the plan based on public and staff input. ACTION REQUESTED OF COUNCIL: Review the Vail 20/20 Strategic Plan and provide comments to town staff for inclusion in final document. Provide input on next steps for Vail 20/20 project completion, which include an open house to be held Thursday, Aug. 16 at Donovan Pavilion from 5 to 7 p.m. to give the community an opportunity to review and provide input on the proposed document. A final draft of the document will be presented to the Town Council at a meeting no later than its October 16 meeting for final review and adoption. 6. Greg Hall ITEM/TOPIC: Discussion of Seibert Circle. (20 min.) 7. Greg Hall ITEM/TOPIC: Discuss the purchase of six hybrid electric buses from Gillig Corporation. (10 min.) ACTION REQUESTED OF COUNCIL: Approve/ Deny Purchase of six transit buses. BACKGROUND RATIONALE: The Town has acquired permission to purchase six additional 40' low floor hybrid buses from the San Joaquin Regional Transit District. This is the same group from whom we ordered our second low floor hybrid in June. Their contract has an "options" clause that allows the purchase of additional coaches which they can allow other transit agencies to participate in. The price for each coach is $ 515,771, the same price we received in June for a total contract price for the six buses of $3,094,626. The town has secured one Federal Transportation Authority grants (2007) of approx. $432,600 for a net cost to the town of $2,662,026. The six buses that are being replaced are 1996 model years and are the original in-town low floor Neoplan buses. The FTA's minimum life expectancy is 12 years for a bus. These buses will bring the number of in-town hybrid buses up to eight with two more scheduled for replacement in 2011. The delivery of the buses and the expenditure is one year from the contract signing. Future Federal Transit Authority grant funding FY 2008, 2009, and 2010 has been identified by the town for our transit center. The town is expecting somewhere close to $5.6 million over the three year period. While we are receiving dollars for a transit facility, bus replacement grants are not allowed by the Colorado transit Coalition. STAFF RECOMMENDATION: Purchase six transit buses from Gillig Corporation. 8. Greg Hall ITEM/TOPIC: Purchase replacement parking structure gate and fee equipment, and software. (10 min.) ACTION REQUESTED OF COUNCIL: Approve /Deny Purchase of parking gate equipment. BACKGROUND RATIONALE: The parking equipment in the two garages was purchased in 1998. This is only the gate and ticket equipment and not the pay and display equipment. Parking equipment in general in Vail has lasted typically 7-9 years. An eight year replacement would be 2006. The town had anticipated the replacement of the Lionshead parking equipment with the redevelopment of the conference center site. Replacing the Village garage at the same time as all hardware and software needs to be compatible. Since this vote failed, we then saw a possibility of the replacement of the outdated equipment with the completion of the redevelopment of the Lionshead parking structure if we could wait. Over the past year two things have become apparent. The final completion of the Lionshead structure is further off than was originally anticipated and this past winter season we had significantly more breakdowns than the winter prior. The breakdowns were of the magnitude where we had lanes go out for weeks on end waiting for parts and service calls. Currently the parking equipment is budgeted in the capital budget in 2009. We have solicited quotes for replacement. Five proposals were received. A selection committee comprised of parking, finance and IT personnel was formed and the various venders were interviewed and the proposals were rated. Input was also obtained from Open Hospitality's parking consultant. It is staff's recommendation to move ahead the 2009 capital expenditure to 2007 and award the parking equipment contract to DGO/Federal APD for $390,348. Awarding the contract allows for installation and testing to be completed before the winter season. The contract allows the connection of our two outlying lots to be connected to the main control computer. Credit card batching will be significantly updated and be performed on one computer line verses eight. The paper passes will be replaced with cards with micro chips and proximity readers. Vail Resorts is testing limited micro chip passes this year and we could in the future have integrated passes. If we don't replace the equipment until 2009, we will have an increase in the operating budget over the next two years of $25,000-$40,000 each year. The amount of time equipment is down could be weeks like this last winter verses a day or two A final factor is when the Lionshead structure is to be finished in 2013, it will be time for another replacement of parking equipment which the developer currently has in his budget. STAFF RECOMMENDATION: Purchase the parking gate equipment from DGO/Federal APD for $ 90,348.00 and move the capital expenditure from 2009 to 2007. 9. Bill Gibson ITEM/TOPIC: The applicant, Vail Valley Foundation, represented by Morter Architects, is requesting to proceed through the development review process with a proposal to construct an orchestra pit on town- owned land at the Gerald R. Ford Amphitheater located within Ford Park. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant to apply for a design review application to allow for the construction of an orchestra pit at the Gerald R. Ford Amphitheater. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the applicant's request to proceed through the development review process. 10. Bill Gibson ITEM/TOPIC: The applicant, Herman Staufer, is requesting to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned Gore Creek Drive Right-of-Way. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant, Herman Staufer, to apply for an exterior alteration application and a design review application to allow for the construction of two new bay windows at the Pano Jewelry tenant space in the Bell Tower Building at 201 Gore Creek Drive. The proposed bay windows will encroach into the Gore Creek Drive Right-of-Way owned by the Town of Vail. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the applicant's request to proceed through the development review process. 11. Bill Gibson ITEM/TOPIC: The applicant, Becky Zyman, is requesting to proceed through the development review process with a proposal to construct improvements on Town of Vail owned Tract B, Vail Lionshead Filing 2. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant to apply for a design review application to allow for landscape improvements on a Town of Vail owned Gore Creek stream tract (Tract B, Vail Lionshead Filing 2) adjacent to their residence at 82 West Meadow Drive. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the applicant's request to proceed through the development review process. 12. Judy Camp ITEM/TOPIC: Discussion of Use Tax on Construction Materials. Stan Zemler (30 min.) Matt Mire ACTION REQUESTED OF COUNCIL: Consider a November ballot issue to adopt a construction use tax. Review draft ballot language and direct staff to return on August 21 with a resolution calling a special election in November, 2007 regarding adoption of the proposed use tax. BACKGROUND RATIONALE: Staff has been asked to explore a construction use tax in response to the ever-widening gap in funding for critical capital needs, particularly as impacted by recent redevelopment. A detailed analysis is included in Council's packet. STAFF RECOMMENDATION: Direct staff to return on August 21 with a resolution calling a special election for November, 2007, and setting the ballot language for the construction use tax question. 13. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2007, upon second reading. BACKGROUND RATIONALE: On June 25, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 75 to 77 dwelling units and to address several other minor changes, located at 141 and 143 Meadow Drive, and setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. On July 17, 2007, the Vail Town Council approved Ordinance No. 21, Series of 2007, upon first reading by a vote of 6-1-0 (Foley opposed). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 21, Series of 2007, on second reading. 14. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12- 16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2007, on second reading. BACKGROUND RATIONALE: On July 17, 2007, the Vail Town Council approved Ordinance No. 22, Series of 2007, on first reading, with modifications, by a vote of 5-2 (Newberry and Logan opposed). The Council's modifications to include text limiting an extension of a temporary business office conditional use permit approval to three years has been integrated into the attached ordinance. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 22, Series of 2007, on second reading. 15. Matt Mire ITEM/TOPIC: Resolution No. 15, Series 2007, 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; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 15, Series 2007. BACKGROUND RATIONALE: On November 21, 2006, the Town Council passed Resolution No. 22, series 2006, a Resolution authorizing the acquisition of the Wendy's parcel through negotiation or condemnation, if necessary. Through negotiations, the parties have agreed to a purchase price of Two Million Dollars ($2,000,000.00). Resolution No. 15 is necessary to complete the purchase of the above mentioned property. STAFF RECOMMENDATION: Approve Resolution No. 15, Series 2007. 16. Matt Mire ITEM/TOPIC: Resolution No. 16, Series 2007, A Resolution Adopting the Amendment to Protective Covenants of Vail/Lionshead, Second Filing, Eagle County, Colorado. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 16, Series 2007. STAFF RECOMMENDATION: Approve Resolution No. 16, Series 2007. 17. Tom Kassmel ITEM/TOPIC: Resolution No. 17, Series 2007, A Resolution Authorizing the Town of Vail to Enter Into An Intergovernmental Agreement with the State of Colorado to Prepare a Transportation Master Plan and Access Management Plan for the I-70 Vail Frontage Road in Vail, Colorado; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 17, Series 2007. BACKGROUND RATIONALE: The Town of Vail has undertaken a revision of the Master Transportation Plan. Specifically, the need is to update the traffic operation characteristics that are being anticipated from the various development and master plan proposals that are currently being discussed. The town, through previous studies of the 1990 Master Transportation Study, the Lionshead Transportation Study and the 2002 Transportation Master Plan update, anticipated a certain amount of additional traffic generated by development. It became obvious that the previous projections would be surpassed if all the projected development was built. The town and CDOT jointly undertook the study to update the traffic projections, understand the impacts of the additional trips and what measures may be necessary and acceptable to mitigate the impacts. CDOT has agreed to cover the entire cost of the study in the amount of $24,000. STAFF RECOMMENDATION: Approve Resolution No. 17, Series 2007. 18. Pam Brandmeyer ITEM/TOPIC: Resolution No. 18, Series 2007, A Resolution Adopting the Town of Vail, Colorado Grievance Procedure Under the Americans with Disability Act; and Setting Forth details in Regard Thereto. ACTION REQUESTED OF COUNCIL: Approve Resolution No. 18, Series 2007. BACKGROUND RATIONALE: The US Department of Justice audited the Town of Vail for compliance with Title II of the Americans with Disabilities Act (ADA) as part of Project Civic Access, an initiative designed to improve access to local government programs and facilities for persons with disabilities. Under an August 2004 Agreement between the USDOJ and the Town of Vail, one of the requirements is to adopt the attached Grievance Procedure, publish the procedure, and post it on the home page of the Town's website. STAFF RECOMMENDATION: Approve Resolution No. 18, Series 2007. 19. ITEM/TOPIC: Adjournment. (9:30 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, AUGUST 21, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, AUGUST 21, 2007 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. (15 min.) 2. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Vail 20/20 Update. • Loading & Delivery Update. • Construction Update. 3. Matt Mire ITEM/TOPIC: Resolution No. 19, Series of 2007, a resolution Judy Camp submitting to the registered electors of the Town of Vail, Colorado, Stan Zemler at a regular municipal election held on November 6, 2007, a ballot issue concerning the adoption of a use tax to finance capital projects and acquisitions: and providing other details relating thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 19, Series 2007. BACKGROUND RATIONALE: See separate memo. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 19, Series 2007. 4. Gregg Barrie ITEM/TOPIC: Katsos Ranch Trail Improvements. (10 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B & B Excavating, Inc. in an amount not to exceed $ 741,258.60 for the Katsos Ranch Trail Improvements Project. BACKGROUND RATIONALE: The Gore Valley Trail through the Katsos Ranch Open Space was originally constructed by Town crews in the mid 1980's. Since then, only minor repairs have been made to the two mile long path. Many sections are in disrepair due to unstable subgrades, deteriorating pavement, and areas that tend to flood during spring runoff. The Katsos Ranch Trail Improvements project includes grading, drainage, and alignment work, as well as an asphalt paving overlay along the full length of the path. STAFF RECOMMENDATION: Staff recommends approval of the project. 5. Rachel Friede ITEM/TOPIC: The applicant, The Wren Association, is requesting permission to proceed with an encroachment agreement with The Town of Vail to allow the construction of a portion of a retaining wall on Town of Vail property. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or deny the request to proceed with an encroachment agreement. BACKGROUND RATIONALE: It is the desire of the applicant to replace an existing retaining wall that encroaches onto the Town of Vail owned unplatted Ford Park adjacent to The Wren. An encroachment agreement was not formally obtained for the original retaining wall. The applicant has received design review approval with the condition that they obtain an encroachment agreement with the Town of Vail. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the applicant's request to proceed with an encroachment agreement. 6. Scott Hunn ITEM/TOPIC: The Community Development Department Staff is requesting review of a draft Request for Proposal (RFP), the purpose of which is to hire the services of a planning team (Consultant) to work with the Town of Vail to develop a master plan and site plan alternatives for the combined Chamonix and Wendy's properties (the "Chamonix Site"). (10 min.) ACTION REQUESTED OF COUNCIL: Direct Staff to proceed with RFP process and make any suggested revisions to the RFP document, as well as the proposed master planning goals and schedule. BACKGROUND RATIONALE: In October 2002, The Town of Vail acquired a 3.6 acre parcel of land (the "Chamonix" property) in West Vail for $2.6 million. In 2004, the town engaged in master planning of this site to identify uses and alternative site designs for a fire station as well as employee housing as primary uses. A master plan for this site was adopted via Ordinance No. 17, Series 2005. No further actions have been taken relative to development of this site. However, the town has recently entered into a contract to purchase the adjacent 1.25 acre "Wendy's" property, which is believed to be a better location for a fire station (and additional/potential co-uses), further preserving the majority of the adjacent Chamonix site for residential (employee housing) and other potential mixed development. The proposed RFP represents the first step in an effort by Staff to commence master planning of the combined Chamonix Site. STAFF RECOMMENDATION: The Community Development recommends that the Town Council directs Staff to proceed through the RFP process. 7. Kathleen Halloran ITEM/TOPIC: FIRST READING OF ORDINANCE NO. 24, Series of 2007, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEALTH INSURANCE FUND OF THE 2007 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. 24, Series of 2007. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 24, Series of 2007, upon first reading. 8. George Ruther ITEM/TOPIC: First reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2007, on first reading. BACKGROUND RATIONALE: On August 13, 2007, the Planning and Environmental Commission forwarded a recommendation of approval for the proposed amendments by a vote of 6-0-0. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 25, Series of 2007, on first reading. 9. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail, Colorado; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 26, Series of 2007, on first reading. BACKGROUND RATIONALE: On May 29, 2007 the Town of Vail bought Vail Heights Unit #11 for $280,000. The unit is a one- bedroom, one-bathroom unit in West Vail. The purpose of purchasing the unit was to add inventory to the Town's housing stock for its employees. The Town will sell the unit to a mechanic in the Town's Public Works Department at the end of August, 2007 at a deed restricted price of $174,500. STAFF RECOMMENDATION: Approve Ordinance No. 25, Series of 2007, on first reading. 10. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 18, Series of 2007, an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 18, Series of 2007, on first reading. BACKGROUND RATIONALE: On June 11, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on the request to amend the prescribed zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-1 (Cleveland opposed, Gunion recused). On July 17, 2007, the Town Council unanimously tabled this item after providing feedback. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 18, Series of 2007, on second reading. 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 WORK SESSION WILL BEGIN AT TBD, TUESDAY, SEPTEMBER 4, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, SEPTEMBER 4, 2007 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. (15 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 08.07.07 and 08.21.07 Council Minutes. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (20 min.) • Amplified Sound Ordinance Update. Since the noise ordinance was amended on May 15, 2007, the Vail Police Department has had six noise complaints. • Revenue Update. • LionsHead Parking Structure Update. • Construction Update. • Timber Ridge Update 4. Kelli McDonald ITEM/TOPIC: Economic Vitality Study. (15 min.) 5. Rachel Friede ITEM/TOPIC: Vail 20/20 Strategic Plan Update- Public Input and Publication Options. (10 min.) BACKGROUND: On August 7, 2007, Staff presented the Town Council with a draft of the Vail 20/20 Strategic Plan. Staff then held a public open house on August 16, 2007 at the Donovan Pavilion, and has been collecting public input via email and the town website. Town Staff has been working with Visible Strategies to explore the possibility of a web-based publication for the plan, in addition to creating a printed brochure that summarizes the outcomes of the plan. Visible Strategies has created a test website for the publication that will be presented to the Town Council. ACTION REQUESTED OF COUNCIL: Ask pertinent questions and provide comments on public input and final publication options. 6. Rachel Friede ITEM/TOPIC: First reading of Ordinance 27, Series of 2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards. (5 min.) Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 27, Series of 2007 on first reading. BACKGROUND: On August 27, 2007, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 27, Series of 2007. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 27, Series of 2007, on first reading. 7. Rachel Friede ITEM/TOPIC: First reading of Ordinance 28, Series of 2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (10 min.) Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 28, Series of 2007 on first reading. BACKGROUND: On August 27, 2007, the Planning and Environmental Commission unanimously forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 28, Series of 2007. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 28, Series of 2007, on first reading. 8. Kathleen Halloran ITEM/TOPIC: SECOND READING OF ORDINANCE NO. 24, Series of 2007, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEALTH INSURANCE FUND OF THE 2007 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of Ordinance No. 24, Series of 2007. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 24, Series of 2007, upon second reading. 9. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 25, Series of 2007, an ordinance amending Sections 12-6B-2, 12-6B-3, 12-6C-2, 12-6C- 3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to change Type II Employee Housing Units from a conditional use to a permitted use in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2007, on second reading. BACKGROUND RATIONALE: On August 13, 2007, the Planning and Environmental Commission forwarded a recommendation of approval for the proposed amendments by a vote of 6-0-0. On August 21, 2007, the Vail Town Council approved the first reading of Ordinance No. 25, Series of 2007, by a vote of 6-0-0. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Ordinance No. 25, Series of 2007, on second reading. 10. Matt Mire ITEM/TOPIC: Sale of 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H to Town of Vail employees. BACKGROUND: The Town of Vail, as an employer, recognizes that recruiting and retaining employees is becoming more challenging. A key benefit to recruit and retain employees is housing. The Town of Vail provides certain municipal services that are critical to the overall functionality of the entire town and if there is not adequate the Town will not be able to provide critical municipal services. As stated in the minutes of the May 15, 2007, Town Council Meeting, Town council unanimously agreed to purchase 2079 Chamoix Lane # 11 and 4011 Bighorn Road # 6-H so "the unit(s) be included in the Town's employee housing stock." The units have been designated for "critical employees" who include: Firefighters, Police Officers, Dispatchers, Mechanics, Plow Operators, Building Maintenance Specialists, and Public Safety Systems Engineer. (15 min.) ACTION REQUESTED OF COUNCIL: Two administrative actions are requested of Town Council: A motion directing the Town Manager to amend the Town of Vail Master Deed Restriction for the two units mentioned above only. To require the listing of the unit upon no longer being employed by the Town of Vail in a form approved by the Town Attorney. As proposed, the amendment will require an owner of one of the above units to list the unit for sale with the Town of Vail within a specific period of time based on their length of employment with the Town of Vail and their length of ownership of the deed restricted unit. More specifically, as proposed, the subject owner would be required to list the unit in a time period equaling no greater than thirty (30) days for every year the owner has owned the unit and has been employed with the Town. 2. A motion directing Town staff to develop a policy for housing employees of the Town of Vail. Staff recommends maintaining two separate employee housing programs. The Town of Vail, as an employer, needs an employee housing program and the Town of Vail, as a government, needs a community wide employee housing plan. Recognizing that these two programs will be funded from the same pool of funds it will be important to fund each program separately. STAFF RECOMMENDATION: Make and approve a motion ratifying the sale of 2079 Chamonix Lane # 11 and 4011 Bighorn Road # 6-H to Town of Vail employees with the recommended modification to the deed restriction. 11. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 26, Series of 2007, an ordinance approving the sale of the deed restricted property in the Town of Vail legally described as Vail Heights Condominium Unit # 11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail, Colorado; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 26, Series of 2007, on second reading. BACKGROUND RATIONALE: On May 29, 2007 the Town of Vail bought Vail Heights Unit #11 for $280,000. The unit is a one- bedroom, one-bathroom unit in West Vail. The purpose of purchasing the unit was to add inventory to the Town's housing stock for its employees. STAFF RECOMMENDATION: Approve Ordinance No. 26, Series of 2007, on second reading. 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 WORK SESSION WILL BEGIN AT TBD, TUESDAY, SEPTEMBER 18, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, SEPTEMBER 18, 2007 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. (15 min.) 2. Lorelei Donaldson ITEM/TOPIC: Planning and Environmental Commission (PEC) Board Vacancy Appointment. (5 min.) ACTION REQUESTED OF COUNCIL: 1) Appoint one applicant to the PEC to fulfill a vacancy left by the resignation of Bill Jewitt (term will go through March 31, 2009). BACKGROUND RATIONALE: There is currently one vacancy for the PEC and the Town Clerk's office received one letter of interest. RECOMMENDATION: Appoint one member to the PEC to complete the term that was vacated by Bill Jewitt, which ends March 31, 2009. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Construction Update. • Vail 20/20 Strategic Plan Update. 4. Greg Hall ITEM/TOPIC: Parking Policy and Rates Approval. (15 min.) STAFF RECOMMENDATION: Council requested the policy objectives used in years past be reviewed. Staff has included the policies as presented each year in addition to guidelines the task force considers in making recommendations. Staff requests that Council review and/or amend the Council parking policy objectives. If there are no major policy changes, staff requests Council review and/or modify the parking task force recommendations and approve the parking policies and operating objectives for the 2007-2008 ski season. The parking task force recommended the following changes to the parking policies for the 2007-2008 season as follows: - Rates and parking passes are proposed to adjust per the attached rate structure. Last year the only pass with an increase was the GoldPass. Some pass prices have not been raised in the past five years. - Expand the use of the "free peak period areas" in West Vail during the 17 day holiday peak period from Friday, Saturday and Sunday to include all days during the peak period (12/21 - 01/06). - In recognition of significant increases in demand during the early season FOR THIS YEAR ONLY ('07-'08), allow the North Frontage Road in West Vail "free peak period area" to be used seven days a week up to the beginning of the holiday peak period (12/21). - Restrict the construction passes to the LionsHead Structure Monday through Thursday. New for this year - Do not allow entry to Ford Park or the Soccer Field parking area on peak days. - Recommend an increase in the maximum parking violation from $26 to an amount closer to twice the maximum parking rate, e.g. 2 X $18 = $36 or to mirror shopper violations ($50). - If the town acquires Wendy's, allow pass parking in that lot. - Enhance the shoulder of the North Frontage Road area between Wendy's and the Chamonix bus stop by leveling and providing an asphalt milling surface. - Consider Donovan Park for the early season only. - Provide enhanced transit service in the early season and during peak periods for the Wendy's lot and North Frontage Road West Vail shoulder parking. - Enhance the summer parking management of the structures during peak periods (three additional seasonal positions have been included in the '08 budget). - This will be the last year current debit card holders can add value to cards without reapplying and verifying pass use criteria is met. In the '08-'09 season, require reverification of those wishing to purchase debit cards. - Cone off 50+ spaces in the Village Structure during peak times. Release their use in the 9:30 A.M. time period to allow for some employees/guests to have a chance at these parking spaces. 5. Stan Zemler ITEM/TOPIC: Resolution No. 23 Series 2007, a Resolution Approving the Development Agreement between the Town of Vail and Open Hospitality/Hillwood Capital Partners, Dated as of September 6, 2007; and Setting Forth Details in Regard Thereto. (60 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 23 Series 2007. BACKGROUND RATIONALE: After nearly six months of negotiation, the Town and aTexas-based development group, Open Hospitality/Hillwood Capital Partners, dba OHP Vail One, LLC ("OHP") have completed a proposed Development Improvement Agreement (the "Agreement") for the redevelopment of the LionsHead parking structure. The negotiation described above was preceded by a year long competitive review process which included redevelopment proposals submitted by two developers, and resulted in the selection of OHP by the Council. Town staff and consultants, along with representatives from OHP, held a community meeting on September 6, 2007, to review with the public the details of the Agreement. 6. Kathleen Halloran ITEM/TOPIC: First reading of the 2008 Budget Ordinance No. 29, Series 2007. (20 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments first reading of the 2008 Budget Ordinance No. 29, Series 2007. BACKGROUND RATIONALE: To be provided in separate memo. STAFF RECOMMENDATION: Approve or approve with amendments the first reading of the 2008 Budget Ordinance No. 29, Series 2007. 7. Matt Mire ITEM/TOPIC: Ordinance No. 30, Series of 2007, An Ordinance Amending Title 1, Chapter 5, Section 8, "Compensation" of the Town Code; and Setting forth Details in Regard Thereto. (10 MIN.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 30, Series 2007. BACKGROUND RATIONALE: STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 30, Series 2007. 8. Rachel Friede ITEM/TOPIC: Second reading of Ordinance No. 27, Series of 2007, an ordinance amending Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 27, Series of 2007 on second reading. BACKGROUND: On August 27, 2007, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments identified in Ordinance No. 27, Series of 2007. On September 4, 2007, the Vail Town Council unanimously voted to approve Ordinance No. 27, Series of 2007 on first reading. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 27, Series of 2007, on second reading. 9. Rachel Friede ITEM/TOPIC: Second reading of Ordinance No. 28, Series of 2007, an ordinance amending Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 28, Series of 2007 on second reading. BACKGROUND: On August 27, 2007, the Planning and Environmental Commission unanimously forwarded a recommendation of approval with modifications to the Vail Town Council for the proposed text amendments identified in Ordinance No. 28, Series of 2007. On September 4, 2007, the Vail Town Council unanimously voted to approve Ordinance No. 28, Series of 2007 on first reading. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 28, Series of 2007, on second reading. 10. Warren Campbell ITEM/TOPIC: The applicant, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting to proceed through the development review process with a proposal to construct private improvements on the Town of Vail owned East Meadow Drive Right-of-Way. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant to apply for a design review application to allow for the construction of a portion of a set of stairs to access the southwest corner of the Solaris development adjacent to the future bus stop along this portion of East Meadow Drive. The proposed stairs are proposed to encroach approximately three (3) feet into the right-of-way for a distance of approximately 14 feet and one and a half (1.5) feet for a distance of approximately 13 feet, for a total of approximately 62 square feet of improvements within the East Meadow Drive Right-of-Way owned by the Town of Vail. The applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the applicant's request to proceed through the development review process. 11. Warren Campbell ITEM/TOPIC: Resolution 22, Series of 2007, a resolution to adopt the Solaris Parking Management Plan, pursuant to the requirements of the Crossroads Development Agreement dated March 22, 2006, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 22, Series of 2007. BACKGROUND RATIONALE: On March 22, 2006, the Town Council agreed to the Crossroads Development Agreement which addressed the many public aspects of the Solaris project. One of those aspects was the management of the 81 excess parking spaces in the subterranean garage which are a portion of the public benefit to offset the deviations that were approved. The Crossroads Development Agreement required that the applicant return to the Town Council for review and approval of the parking management plan prior to submitting for a building permit. This request is being proposed to satisfy that requirement. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Resolution 22, Series of 2007. 12. Leslie Fordham ITEM/TOPIC: Solaris is requesting Town Council approval of their Public Art. A request for approval must be accompanied by a recommendation from the Art in Public Places Board. (10 min.) BACKGROUND RATIONALE: The Development Agreement dated 25 July 2006 requires the applicant to provide at least $1.1 million in Public Art. Public Art must be located in plain-sight where it can be enjoyed by the public. Installation of the artwork is scheduled for the final construction phase of the project. The Solaris Metro District is responsible for maintenance of the public art. The Art in Public Places Board reviewed the site plan, artist's resume, narrative description of the artwork, an itemized budget, models and material samples The Art in Public Places Board concluded that the applicant has complied with the town's requirements and recommended that they request Town Council approval of the Public Art. AIPP Board Recommendation: Approve the Public Art for the Solaris Project. 13. ITEM/TOPIC: Adjournment. (8:35 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, OCTOBER 2, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, OCTOBER 2, 2007 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. (15 min.) 2. John Pacheco ITEM/TOPIC: Eagle County School District Update. (10 min.) 3. ITEM/TOPIC: Northwest Colorado Council of Governments Update. (15 min.) 4. ITEM/TOPIC: Consent Agenda. (5 min.) a. 09.04.07 & 09.18.07 Minutes approval. 5. Stan Zemler ITEM/TOPIC: Town Manager's Report. (20 min.) • Revenue Update. • Construction Update. • Forest Health Update. • Housing Obligation Resolution Update. • Wendy's Parcel Closing Update. 6. Rob Katz ITEM/TOPIC: Discussion in regard to Timber Ridge redevelopment. (45 min.) 7. Lorelei Donaldson ITEM/TOPIC: 2007 Election Judge Appointments for the November 6, 2007 Regular Municipal Election. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint eight regular and absentee judges to participate in the November 6, 2007 Regular municipal election. (5 min.) BACKGROUND RATIONALE: By Colorado State Statute, each polling place must have a minimum of three judges to assist with municipal elections. We are requesting the appointments of Vi Brown, Mary Jo Allen, Holly Cole, Mary Caster, Mary Ann Best, Summer Holm, Earl Best and Kathrine Schmidt to be the Town of Vail election judges. RECOMMENDATION: Appoint eight judges to assist with the November 6, 2007 Regular at-the-polls municipal election for the Town of Vail. 8. Kelli McDonald ITEM/TOPIC: Resolution No. 24, Series of 2007. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Resolution 24, Series 2007, the 2008 Vail Local Marketing District Budget and Operating plan. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approve with amendments Resolution No.24, Series of 2007. 9. Greg Hall ITEM/TOPIC: Review and approve or approve with revisions the recommendations of the Parking Task Force for 2007-2008 season. (15 min.) ACTION REQUESTED OF COUNCIL The Council asked the task force to look at adopting a tiered rate schedule and developing a business owner pass program. The committee looked at a tiered system and has made its recommendation. This was not unanimous among the committee members. Vail resorts made there concerns known but were unable to attend the meeting. Based on the recommended tiered rate structure Pass prices affected by the new peak period rates were evaluated and changes were made. In addition the shopper parking rate time frame was adjusted down. The creation of a discounted business owner pass was recommended. 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 council had the task force evaluate a tiered parking rate structure and review a business owner pass program. The task force determined areas where attention was warranted. These areas include: Rate increase to make up for the transit enhancements put in place last year and cover operation enhancement cost increases in parking in both winter and summer. Significant increases in the pass use in the lower tier passes (20-30%) resulting in crowding during peak periods. Modify the pass structure to be more in line with transit pass cost to encourage transit and carpooling. • Projected number of employees who will be in town early season, estimates are up to 800 more employees working in town through mid December. • Provide consistent use of the west Vail area on all peak days • Parking ticket fines being more in line as a penalty • Summer parking management • Reverification of debit user classification • The ability for employees and guests to access parking spaces in the 9:30-10:30 time period STAFF RECOMMENDATION: The parking task force recommended the following changes to the parking policies for the 2007-2008 season are as follows: • Rates and parking passes are proposed to adjust per the attached rate structure. • Expand the use of the free peak period areas in West Vail during the 17 day holiday period from Friday, Saturday and Sunday to all days during the peak periods. • In recognition of significant increase in demand during the early season for this year, only allow this free peak period area to be used Monday through Friday up to the beginning of the Holiday Peak period. • Restrict the construction pass to the Lionshead Structure Monday through Thursday and Not allow entry to Ford Park or the Soccer Field parking on peak days. • Recommend an increase in the maximum parking violation from $26 to something closer to twice the rate of parking. • Allow pass parking at the Wendy's lot. • Enhance the area between Wendy's and the Chamonix bus stop with level and asphalt milling shoulders. • Look at having Donovan Park used early season this year only. • Provide enhanced transit service early season and during peak periods for the Wendy's lot and West Vail shoulder parking. • Adjust parking fines greater than the current $ 26 to be more in line with the $ 50 fines for shopper parking violations • Enhance the summer parking management of the structures during peak periods: three additional seasonal positions are included in the 2008 budget • Recommend this is the last year current debit card holders can add value to cards without verification of restrictions of use. Beginning next year, a recertification process will take place. 10. Scot Hunn ITEM/TOPIC: The Applicant, Sonnenalp Properties, Inc., represented by Henry Pratt, Gwathmey Pratt Schultz Lindall Architects, is requesting permission to proceed through the Town's development review process for the re-alignment of an existing driveway across Tract A, Middle Creek Subdivision, for the Solar Vail Employee Housing Project. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: The Applicant is proposing to re- develop the Solar Vail property located at 501 North Frontage Road West. During the preliminary review of this project, Staff asked the Applicant to revise the plans to include improvements to the grade and alignment of the existing access driveway for Solar Vail to meet current Town standards. The existing access driveway, located to the east of the Solar Vail building, encroaches over the extreme south west corner of Tract A, an un- platted parcel of land owned by the Town. Existing driveway improvements impact approximately 600 square feet of Tract A. Preliminary drawings indicating the revised driveway alignment and associated extents of disturbance on Tract A are forthcoming for review during the Town Council work session. The Applicant must obtain approval from the Vail Town Council (i.e. property owner) before proceeding through the Town's development review process for any improvements across or over Tract A. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves the Applicant's request to proceed through the development review process. 11. Nina Timm ITEM/TOPIC: Proposed additions to Exhibit B "Permitted Capital Improvements" for the Town of Vail Master Deed Restriction that is currently in place at Vail Commons, Red Sandstone Creek, North Trail Townhomes, Pitkin Creek Park # 5-F and Vail Heights # 11. (10 min.) BACKGROUND: The Town of Vail Master Deed Restriction for Vail Commons, Red Sandstone Creek, North Trail Townhomes and Pitkin Creek Park # 5-F and Vail Heights # 11 limits appreciation of these units to a maximum of 3% simple interest per year. Additionally, the recoupable Permitted Capital Improvements are also limited. The deed restriction has maintained the units as affordable to local employees. At this point in time it is prudent to expand the recoupable Permitted Capital Improvements to maintain the units at a desirable level. The goal of the suggested additional Permitted Capital Improvements is not to further the resale value of an Owner's home, but to provide some monetary relief if certain improvements are made and an Owner must sell their unit within afive-year period. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 21, Series of 2007. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Resolution 21, Series of 2007. 12. Kathleen Halloran ITEM/TOPIC: Second reading of the 2008 Budget Ordinance No. 29, Series 2007. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments second reading of the 2008 Budget Ordinance No. 29, Series 2007. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve or approve with amendments the second reading of the 2008 Budget Ordinance No. 29, Series 2007. 13. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 30, Series of 2007. An Ordinance Amending Section 1-5-8 "Compensation", Vail Town Code; Increasing the Compensation Paid to Town Council Members; and Setting Forth Details in Regard Thereto. (10 MIN.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 30, Series 2007. BACKGROUND RATIONALE: The Town council members' current compensation for their service is $500.00 per month which has not been increase since 1998. The workload required to fulfill the council's obligation has increased significantly since that time. STAFF RECOMMENDATION: Approve, amend or deny second reading of Ordinance No. 30, Series 2007. 14. Warren Campbell ITEM/TOPIC: Resolution No. 22, Series of 2007, a resolution to adopt the Solaris Parking Management Plan, pursuant to the requirements of the Crossroads Development Agreement dated March 22, 2006, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 22, Series of 2007. BACKGROUND RATIONALE: On March 22, 2006, the Town Council agreed to the Crossroads Development Agreement which addressed the many public aspects of the Solaris project. One of those aspects was the management of the 81 excess parking spaces in the subterranean garage which are a portion of the public benefit to offset the deviations that were approved. The Crossroads Development Agreement required that the applicant return to the Town Council for review and approval of the parking management plan prior to submitting for a building permit. This request is being proposed to satisfy that requirement. (10 min.) On September 18, 2007, the Town Council voted unanimously to table this request to the October 2, 2007, public hearing. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Resolution No. 22, Series of 2007. 15. ITEM/TOPIC: Adjournment. (9:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, OCTOBER 16, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, OCTOBER 16, 2007 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. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Wendy's Deconstruction. In order to prepare the Wendy's site as a potential additional outlying winter parking area, staff has been requesting bids for a deconstruction of the site. Superior Contractors, Inc., has submitted a bid of $35,482, which would recycle 95% of the building materials, as well as give the town points toward green construction. Additional dollars will be spent on items such as asphalt millings, removal of the grease trap, and so on. Staff recommends paying for this project out of the '07 budget line item specific to the design/construction of the third fire station. 3. Otis Odell ITEM/TOPIC: Conceptual Ideas for Use of Ford Park and the Vail Stan Zemler Golf Course. (Joint Meeting w/Vail Recreation District, e.g., Mike Ortiz VRD). (30 min.) BACKGROUND RATIONALE: The joint VRD/Town of Vail (TOV) subcommittee has been working w/the architectural firm of Otis Odell over the past several months to explore possibilities for re- siting various recreational amenities. This committee is comprised of VRD board members Michelle Hall, Joe Hanlon and Scott Proper, and Vail Council members Greg Moffet and Mark Gordon, along w/staff from both organizations. 4. Stan Zemler ITEM/TOPIC: Loading and Delivery Update. (30 min.) Greg Hall Steve Wright BACKGROUND RATIONALE: At the Town Council meeting on June 19, 2007, staff received direction to develop aCouncil- supported operational plan for the successful use of a dispersed loading and delivery network in Vail Village. The direction reaffirmed policy decisions established years earlier in the town's ongoing effort to address the various conflicts associated with the current state of loading and delivery in the Village. With the completion or near completion of shared delivery bays at One Willow Bridge Road, Vail Plaza Hotel & Club and Mountain Plaza (formerly Front Door), staff convened a 17-member stakeholder Working Group during the summer to discuss the use and coordination of these additional options, as well as an assessment of the current policies. Based on feedback from the Working Group, staff is prepared to make the following adjustments to improve the current loading and delivery network beginning with the start of the 2007-08 ski season: • Identify additional loading spaces on east Gore Creek Drive, along East Meadow Drive (east and west of Bridge Street), and the north and south sides of the International Bridge. • Assign small delivery trucks (UPS, USPS, Fed Ex, etc.) to use designated loading zones during restricted periods. • Introduce new Code of Conduct for delivery drivers as standard operating procedure. • Create and distribute a loading and delivery map for new drivers. • Provide advance notification when special events necessitate changes in loading and delivery policies. • Expand staffing hours of code enforcement officers at Checkpoint Charlie from the current 8 a.m. to 5 p.m. operation to 7:30 a.m. to 6 p.m. • Increase police enforcement of existing policies. • Install technical platform that will enable the eventual use of video cameras at strategic locations in the Village, such as Hanson Ranch Road, for improvement in enforcement from Checkpoint Charlie. With the exception of the adjustments listed above, vendors are making arrangements to service their Vail customers this winter based on the current guidelines. However, following the conclusion of the ski season, when more information will be known about the functionality of the newly constructed delivery bays, it is recommended a discussion be held with the Town Council to seek direction as it relates to the three options developed by the Working Group. While the Working Group has completed its assigned task, it is recommended that members be convened on an as-needed basis as issues arise. ACTION REQUESTED OF COUNCIL: The purpose of today's discussion is to provide an update on this work, discuss operational modifications planned for the upcoming winter season and identify next steps. 5. Don Cohen ITEM/TOPIC: Eagle County Housing Action Team. (20 min.) 6. Stan Zemler ITEM/TOPIC: Discussion regarding proposals for the redevelopment of Town owned real property commonly referred to as Timber Ridge, located at 1280 N. Frontage Road, Vail, Colorado 81657. (30 min.) ACTION REQUESTED OF COUNCIL: Listen to presentations from 1) Vail Resorts Development Company; and 2) Open Hospitality/Lincoln Partners Entity concerning the redevelopment of Timber Ridge, Discuss the proposals presented and allow for public comment regarding the same. The Council may provide direction to staff, via motion, on next steps to take. 7. Nina Timm ITEM/TOPIC: The owners of two deed restricted Employee Housing Units located at 201 Gore Creek Drive (the Bell Tower building) have requested a release of the deed restriction on EHUs located in the Bell Tower. In exchange for the release, the owners will provide the Town of Vail a Type IV deed restricted unit at 4192 Spruce Way (Altair Vail Inn). (10 min.) ACTION REQUESTED OF COUNCIL: Approve or deny the request. BACKGROUND RATIONALE: It is the desire of the Bell Tower Employee Housing Units owners to remove the two deed restricted EHUs which total 597 square feet, located at the Bell Tower building and replace them with a new deed restricted EHU located at 4192 Spruce Way, which is 1,192 square feet. The existing EHU square feet would then be incorporated into the primary residence located on the third floor of the Bell Tower building. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the request subject to confirmation of continued compliance of the Bell Tower building with the Town of Vail Zoning Regulations. 8. Chad Salli ITEM/TOPIC: Alpine Drive Drainage. (5 min.) ACTION REQUESTED OF COUNCIL: Authorize Town Manager to enter into an agreement with Western Slope Utilities to complete the Alpine Drive Drainage project. BACKGROUND RATIONALE: Staff has received bids October 8, 2007, for the Alpine Drive Drainage project. Western Slope Utilities was the sole bidder and their bid is within budget. The project consists of storm sewer installation on Alpine Drive. The project is scheduled to begin late October and be completed by mid November. STAFF RECOMMENDATION: Authorize Town Manager to enter into an agreement with Western Slope Utilities to complete the Alpine Drive Drainage project in an amount not to exceed $235,000.00. 9. Steve Wright ITEM/TOPIC: Proposed use of electronic restraint devices by Vail Chris Botkins PD. (25 min.) BACKGROUND: An informational document is in the council packet regarding police use of electronic restraint devices. The document provides background information, a discussion of the effects of electronic restraint devices, an overview of police use of force and worker's compensation statistics, and cost information. ACTION REQUESTED OF COUNCIL: The police department is requesting approval to deploy electronic restraint devices. 10. Scot Hunn ITEM/TOPIC: An appeal of the Town of Vail Design Review Board's denial of a design review application (DRB07-0330), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (exterior materials) to an existing residence, located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision, 1St Addition, and setting forth details with regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application (DRB07-0330) pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIONALE: On August 15, 2007, 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 (exterior materials) to an existing residence, located at 3956 Lupine Drive/Lot 4, Block 2, Bighorn Subdivision, 1St Addition. On September 4, 2007, the Appellant filed an appeals form to appeal the Design Review Board's denial of a design review application (DRB07-0330). Please refer to the staff memorandum dated October 16, 2007, for additional information. 11. George Ruther ITEM/TOPIC: The applicant, Vail Resorts Development Company, represented by Bob Stozek, is requesting to proceed through the development review process with a proposal to construct improvements on the Town of Vail owned Tract A, Vail Lionshead Filing 3, generally located between the Antlers and Lion Square Lodge properties, adjacent to Gore Creek. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request for property owner authorization to proceed through the development review process. BACKGROUND RATIONALE: It is the desire of the applicant, Vail Resorts, to apply for applications to amend the approved ArraBelle project development plan to remove skier drop-off from the ArraBelle Hotel site and to construct a new skier drop-off parking lot. The proposed skier drop-off parking lot would be located on property owned by the Town of Vail. Therefore, the applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council denies the applicant's request to proceed through the development review process. 12. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 23, Series 2007. An Ordinance Deleting Section 5-1-5, Vail Town Code, Regarding Abatement of the Mountain Pine Beetle; Amending Title 5 Vail Town Code with the Addition of Chapter 10 "Abatement of the Mountain Pine Beetle and Wildfire Fuels Reduction"; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 23, Series 2007. BACKGROUND: Within the State of Colorado and within the Town there exists a growing mountain pine beetle epidemic. The presence of the mountain pine beetle and beetle infested trees within the Town presents a real and substantial risk to the public health, safety and welfare, including the increased risk of rapidly spreading fire. In addition, the presence of dead or substantially dead trees, regardless of the cause, also presents the increased risk and danger of rapidly spreading fire as described above. As such, certain text amendments are necessary to the Vail Town Code, as they relate to the abatement of the mountain pine beetle, dead or substantially dead trees and other fire fuels to protect the health, safety and welfare of the Town and its inhabitants. STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 23, Series 2007. ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 23, Series 2007. 13. Scot Hunn ITEM/TOPIC: First Reading of Ordinance No. 31, Series of 2007, an ordinance approving a major amendment. to Special Development District No. 4, Vail Cascade, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Nail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058). (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 31, Series of 2007, on first reading. BACKGROUND RATIONALE: On October 24, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Nail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058). Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen (14) within the "CMC" building, with no increase to Gross Residential Floor Area (GRFA). Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with condition, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 31, Series of 2007, on first reading. 14. Stan Zemler Resolution 25, Series of 2007, A Resolution supporting the Colorado Forest Management Improvement Act of 2007, Encouraging the congressional delegation of the State of Colorado to actively continue their unified and bi-partisan support of the bill and to push for rapid approval by the Congress of the United States of the same, and to express the gratitude of the Vail Town Council for recognition of the delegation of the magnitude of the bark beetle infestation in Colorado and for the efforts made in drafting, introducing, and supporting this act. (10 min.) STAFF RECOMMENDATION: Staff recommends Town Council approves Resolution 25, Series of 2007 15. ITEM/TOPIC: Adjournment. (9:50 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT NAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, NOVEMBER 6, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, NOVEMBER 6, 2007 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. (15 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) • Approval of October 2, 16 & 30 Meeting Minutes. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) Revenue Update. Construction Update. 4. Ron Braden ITEM/TOPIC: CenturyTel will update the council on the status of the wireless project within the Town of Vail. We will discuss the current economic status of the network, upgrades that have been accomplished over the summer, and the new community portal that will be launched on November 15th. These upgrades include: 1. Upgrade of the nodes over the summer has resulted in a 31 increase in coverage. 2. CPE (Customer Premise Equipment) product has been deployed (sold at Market Computers or on-line purchase) which has allowed many users to connect who previously were out of range of the nodes. The deployment of an Outdoor CPE unit within the next month will further the range. 3. Direct mail piece is going out this week with a coupon to reduce the CPE cost by $50 with a 1 year subscription purchase. 4. Eleven new nodes are in the design process that will be deployed in areas where we have had the most customer calls and requests for service. 5. New pricing plan was put in place during the summer lowering the monthly rate to $25 for those subscribing for 1 year or $29.95 for those buying the service month-to-month. 6. Deployment of this technology has allowed CenturyTel to partner with Eagle County Schools and TV8 to grow solutions for their businesses. (15 min.) ACTION REQUESTED: To amend the existing contract language regarding the free service as follows. Current Language: 1.5 Free Service. "Free Service" means the wireless broadband communications service provided by CenturyTel at speeds of approximately 300 Kbps at no cost to the user for up to 1 hour per day. Free Service shall be subject to applicable Conditions of Use. All Free Service shall be routed to the Internet utilizing facilities provided by the Town. Proposed Language 1.5 Free Service. "Free Service" means the wireless broadband communications service provided by CenturyTel at speeds of approximately 300 Kbps at no cost to the user for up to 1 hour per day in all public areas and public facilities. Hotel and residential areas shall have free unlimited access to the CenturyTel community portal. Free Service shall be subject to applicable Conditions of Use. All Free Service shall be routed to the Internet utilizing facilities provided by the Town. Background Rationale: In an attempt to meet revenue requirements for the network and ensure it's sustainability for the future, CenturyTel desires to modify the free model in order to increase the subscriber base for the network. It is believed that this change combined with the upgrades that have been performed over the summer and the launch of a new community portal (in partnership with Media Interactive) will accomplish this goal. 5. ITEM/TOPIC: Memorandum of Understanding (MOU) between the Town of Vail and the Vail Recreation District. (10 min.) ACTION REQUESTED OF COUNCIL: Discuss and/or ask questions of staff concerning the proposed MOU which will be presented for your approval tonight. BACKGROUND RATIONALE: The Recreation Task Force, consisting of: VRD board members Michelle Hall and Joe Hanlon; Town Councilmen Mark Gordon and Greg Moffett and members of staff from both organizations have been working over the last two years to cooperatively address issues related to town-owned, VRD-managed facilities. The Memorandum of Understanding presented tonight memorializes the agreements and intentions of the parties. It provides a basis for future deliberations and negotiation of leases. The MOU has been executed by the VRD. STAFF RECOMMENDATION: Approve the Memorandum of Understanding at this evening's meeting. 6. Warren Campbell ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board approval of an administrative approval, for a change to approved plans, pursuant to Chapter 12-11, Design Review, Vail Town Code, to allow for a change to the configuration of retaining walls associated with driveway access, pursuant to Section 14-6-7, Retaining Walls, Vail Town Code, located at 1772, 1778, and 1788 Alpine Drive/Lots, 10, 11, and 12, Vail Village West Filing 1, and setting forth details in regard thereto. (DRB07-0501) (10 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Town of Vail Design Review Board approval of an administrative approval, of the change to approved plans application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On October 3, 2007, the Design Review Board upheld an administrative approval of a change to approved plans application to change the configuration of retaining walls associated with driveway access, for the new residences being constructed at 1772, 1778, and 1788 Alpine Drive The Vail Town Council "called-up" the Town of Vail Design Review Board approval of a administrative approval due to concerns about the compliance of the retaining walls with applicable Town of Vail Zoning Code provisions. Please refer to the staff memorandum dated November 6, 2007, for additional information. 7. Joe Blair ITEM/TOPIC: Teva Mountain Games Funding Request. (10 min.) Sybil Navas BACKGROUND RATIONALE: In August of this year, Untraditional Marketing (UM) was informed by USA Climbing that the Climbing Wall World Cup had been awarded to Vail. Originally, UM was going to ask the Commission on Special Events (CSE) for '08 cash funding of $110,000 ($90,000 was awarded in 2007). Due to this additional award of the World Cup, UM is now requesting another $50,000, bringing the overall cash funding between the CSE and Council Contributions to $160,000, with in-kind of $9,500. The event has now been seen and endorsed by the CSE, with a recommendation Council provide the additional $50,000 in funding for the '08 Climbing Wall World Cup. At this time, the CSE average of contribution toward the TEVA Mountain Games is $95,000, which final action will be taken at their next regular meeting, Tuesday, November 27. When this was presented to Council back in September, Council asked to have a thorough review of the merit of the Climbing Wall World Cup, and if needed, return to Council for '08 funding of this specific event. The CSE listened to the full funding request of $160,000 on October 23, but with over $1.3M in special events requests, felt they did not have the funds available to support this additional event. STAFF RECOMMENDATION: Staff recommends funding up to $50,000 from Council Contributions specific to the '08 USA Climbing Wall World Cup. Staff will continue to work with both the CSE and the Vail Recreation District (VRD) to establish a permanent climbing wall location, a requirement of a multiple year award of this event. 8. Stan Zemler ITEM/TOPIC: Vail Resorts Housing Obligation. (30 min.) Vail Resorts ACTION REQUESTED OF COUNCIL: Direction and decision on staff recommendation. 9. Stan Zemler ITEM/TOPIC: Open/Hillwood Proposal for the redevelopment of Mark Masinter Timber Ridge. (20 min.) ACTION REQUESTED OF COUNCIL: Direction on issues for consideration. 10. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 23, Series 2007. An Ordinance Deleting Section 5-1-5, Vail Town Code, Regarding Abatement of the Mountain Pine Beetle; Amending Title 5 Vail Town Code with the Addition of Chapter 10 "Abatement of the Mountain Pine Beetle and Wildfire Fuels Reduction"; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 23, Series 2007. BACKGROUND: Within the State of Colorado and within the Town there exists a growing mountain pine beetle epidemic. The presence of the mountain pine beetle and beetle infested trees within the Town presents a real and substantial risk to the public health, safety and welfare, including the increased risk of rapidly spreading fire. In addition, the presence of dead or substantially dead trees, regardless of the cause, also presents the increased risk and danger of rapidly spreading fire as described above. As such, certain text amendments are necessary to the Vail Town Code, as they relate to the abatement of the mountain pine beetle, dead or substantially dead trees and other fire fuels to protect the health, safety and welfare of the Town and its inhabitants. STAFF RECOMMENDATION: Approve, amend or deny second reading of Ordinance No. 23, Series 2007. 11. Scot Hunn ITEM/TOPIC: Second reading of Ordinance No. 31, Series of 2007, an ordinance approving a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Nail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058). (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 31, Series of 2007, on second reading. BACKGROUND RATIONALE: On October 24, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Nail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058). Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen (14) within the "CMC" building, with no increase to Gross Residential Floor Area (GRFA). Upon review of the request, the Planning and Environmental Commission voted 6- 0-0 to forward a recommendation of approval, with condition, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. On October 16, 2007, the Council voted 5-1-0 to approve Ordinance No. 31, Series 2007, on first reading. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 31, Series of 2007, on second reading. 12. Rachel Friede ITEM/TOPIC: Resolution No. 27, Series of 2007, a resolution to adopt the Vail 20/20 Strategic Action Plan. (20 min.) ACTION REQUESTED OF COUNCIL: Adopt, adopt with modifications, or deny Resolution No. 27, Series of 2007. BACKGROUND RATIONALE: The Vail 20/20 process started in early 2006 and has included numerous opportunities for community participation that has resulted in community values and vision statements, as well as a strategic action plan that takes steps to move closer to a common vision for Vail. On August 7, 2007, Staff returned to the Town Council with a draft of the Vail 20/20 Strategic Action Plan. The Town Council provided input and authorized staff to hold an open house where members of the community could provide additional input. The open house was held on August 16, 2007 at Donovan Pavilion, and allowed members of the public to interact with Staff and provide final comments on the goals, actions and strategies in the plan. Staff also distributed the drafts to the public and took input via the web, email and phone. The latest draft of Vail 20/20 Strategic Action Plan reflects the input of the public, Staff, and other stakeholders. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves Resolution No. 27, Series of 2007. 13. ITEM/TOPIC: Adjournment. (8:45 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, NOVEMBER 20, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, NOVEMBER 20, 2007 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. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Construction Update. • Water Quantity/Quality (QQ) Update Staff spoke w/Chuck Ogilby who said he had an upcoming QQ meeting and preferred to report back to Council after that meeting. 3. Leslie Fordham ITEM/TOPIC: Iron Casting Workshop and Events. (15 min.) ACTION REQUESTED OF COUNCIL: Approve use of AIPP funds for an Iron Casting Workshop and Events. BACKGROUND RATIONALE: Art in Public Places would like to host an Iron Casting Performance in Vail in January, 2008. Twenty artists will demonstrate how the five-thousand year old process of iron casting works, by heating metal in cauldrons and then pouring it into molds made by community members. This would be a three night event, taking place on the north end of International Bridge. On the first two nights, Friday January 18 and Saturday January 19 from 5 to 9 p.m., the artists will demonstrate bronze casting. A grand finale will take place on Sunday, January 20, in which iron will be poured and cast. The artists describe the grand finale as a spectacle and as exciting as an erupting volcano. In addition to the three evening performances, the artists will conduct workshops in December for community members wishing to make their own sculptures. Workshops, for community members to make wax models for casting, will take place in December. Vail schools have indicated a strong interest in participating. The artists responsible for organizing the event teach at the University of Colorado and will instruct workshop participants on how to make models for casting. Artwork produced at the event will be on display at the Vail library. A demonstration has been conducted for the Vail Fire Department, Police Department and the Town's Risk Manager to evaluate the safety of event. Iron Performances have been staged at the Denver Art Museum and in many public and private locations in Colorado, without incident. The highest level of safety will be observed by the artists at all times. The total cost of the event is $40,185, including workshops, materials, event production, advertising, brochures, video and still photographic documentation. Art in Public Places Board Recommendation: Art in Public Places Board members have approved the project budget and believe this will be an exciting event for Vail visitors and residents. 4. Leslie Fordham ITEM/TOPIC: The Willows Public Art Obligation. (15 min.) ACTION REQUESTED OF COUNCIL: Approve use of private funds for the purpose the developer has requested. BACKGROUND RATIONALE: Public Art is a condition of The Willows development approval. The Town Council allowed Triumph Development to partially satisfy the requirement with a contribution to the new fountain in Seibert Circle. In July, the Town Council considered a request from Triumph Development for the remaining public art obligation, $50,000, to be used by AIPP for a public art series. Inspired by winter festivals worldwide, AIPP is proposing to use the funds, plus a $50,000 donation from Triumph, for an annual visual arts event celebrating the elements of Vail's winter environment. The event, titled Triumph Winterfest, would use ice, snow, illumination, and wind components individually or collectively in combination with other appropriate materials in site specific areas. Winterfest will be a five year program beginning in 2008 with an introduction of Triumph's mission and commitment to the community. The final year of the program coincides with Vail's 50th anniversary in 2012. AIPP envisions the event growing in size and reputation each year and that additional sponsors will contribute to the success of the program. If approved, the first Triumph Winterfest will take place on Gore Creek Promenade beginning January 8, 2008. The event will feature ice sculptures, with an environmental theme, designed by artist Lawrence Argent. Argent is well known for his Big Blue Bear at the Denver Convention Center. Each of the fifteen or more, organic forms will be lit internally with LED's programmed to change color subtly throughout the evening. Visitors will be invited to find the sculptures that will sometimes be amongst the trees, walk through arches made of ice, sit by the fire pit or at a nearby restaurant viewing the artwork and light show. Winterfest will end when the sculptures melt. The overall budget for the first year is $40,724 including artwork, lighting and brochures to accompany the event. Funding comes from Triumph Development. Additional sponsors are being sought to supplement Triumph's contribution and ensure funding for the next five years. Art in Public Places Recommendation: AIPP Board members believe that the Triumph Winterfest will make a significant contribution to the Town of Vail, provide entertainment and stimulate cultural and economic vitality. 5. Pam Brandmeyer ITEM/TOPIC: Council Committee Appointments. (30 min.) a. Northwest Colorado Council of Governments Board: ACTION REQUESTED OF COUNCIL: Rod Slifer has served as the Board Member on NWCCOG. In the past, Stan Zemler has been the alternate. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Northwest Colorado Council of Governments Board of Directors." The motion should be seconded and voted by the Council. The appointment of the Alternate, if needed, will be similar. VOTING MEMBER. COUNCIL DISCRETION. b. Water Quality/Quantity Committee/NWCCOG Member. ACTION REQUESTED OF COUNCIL: Chuck Ogilby has served as the Council's representative on this committee. Although in the past there has been an alternate for this position, for the past four years there has not. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Appointment Committee to Quality/Quantity Committee/ NWCCOG." The motion should be seconded and voted by the Council. The appointment of the Apprentice, if needed, will be similar. VOTING MEMBER. COUNCIL DISCRETION. c. Colorado Association of Ski Towns (CAST) Member and Alternate. ACTION REQUESTED OF COUNCIL: The Mayor and Town Manager have served on CAST. Any Council Member is welcome to attend a CAST meeting. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council for the Colorado Association of Ski Towns." The motion should be seconded and voted by the Council. Meetings are held every other month around the state. There is no set date or time limit. VOTING MEMBER. d. Vail Recreation District/Town Council Subcommittee Two Council Members, two VRD board members and staff have been discussing master planning of town-owned, VRD managed facilities and updating current leases for Council approval. Greg Moffet and Mark Gordon were the Council representatives. e. Commission on Special Events (CSE). ACTION REQUESTED OF COUNCIL: Pam Brandmeyer and Kelli McDonald have served as liaison to this committee. Bravo! Vail Valley Music Festival. ACTION REQUESTED OF COUNCIL: Farrow Hitt has served as Town Council representative on this board. Pam Brandmeyer has served as alternate. After discussion of this a motion should be made as follows: "I move be appointed to represent the Vail Town on the Bravo! Colorado Board." The motion should be seconded and voted on by the Council. This board meets quarterly for two to three hours and a Council member is required. VOTING MEMBER. COUNCIL DISCRETION. g. Town of Vail Housing Authority. ACTION REQUESTED OF COUNCIL: Kim Newbury is currently serving until 2009. Meetings generally are held once a quarter within a one hour time frame. There is the potential for more time when there are special projects. VOTING MEMBER PER STATE LEGISLATION. Channel 5 Vail Valley Community Television Board. ACTION REQUESTED OF COUNCIL: Mark Gordon has served as the Council's representative on this board and Pam Brandmeyer as a community board member. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Channel 5 Vail Valley Community Television Board." The motion should be seconded and voted by the Council. VOTING MEMBER. COUNCIL DISCRETION. Meetings are held monthly. Art in Public Places (AIPP) ACTION REQUESTED OF COUNCIL: Kent Logan has served as Council's representative on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Art in Public Places board." The motion should be seconded and voted by the Council. ADVISORY MEMBER. NON-VOTING. Meetings are held the second and fourth Thursday of each month with meetings generally from 8:30 a.m. to 10:00 a.m. Mauri Nottingham Environmental Award. Farrow Hitt has served as Council's representatives on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Mauri Nottingham Environmental Award Committee." The motion should be seconded and voted by the Council. Meetings are held annually. VOTING MEMBER. COUNCIL DISCRETION. Vail Valley Exchange/Sister Cities. ACTION REQUESTED OF COUNCIL: Kim Newbury has served as Town Council representatives on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Valley Exchange Committee." The motion should be seconded and voted by the Council. Meetings are held randomly throughout the year. A Council member is requested. VOTING MEMBER. COUNCIL DISCRETION. Eagle County Regional Transportation Authority. ACTION REQUESTED OF COUNCIL: Kevin Foley has served as Town Council representative on this authority and Mike Rose serves as alternate. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Regional Transportation Authority." The motion should be seconded and voted by the Council. The appointment of the Alternate will be similar. VOTING MEMBER REQUIRED BY STATE LEGISLATION. m. Ford Park Parking Management Plan. ACTION REQUESTED OF COUNCIL: Pam Brandmeyer has served as the Council's representative on this committee. The committee is made up of all Ford Park user groups. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Ford Park Management Plan Committee." The motion should be seconded and voted by the Council. Through the approved Ford Park Management Plan, quarterly meetings have been set. A Council member's presence would be welcome, but is not required. Pam Brandmeyer serves as staff representative. ADVISORY MEMBER. COUNCIL DISCRETION. It may not be necessary to have a Council designee at this time. Town of Vail Open Space/Charter Committee. ACTION REQUESTED OF COUNCIL: Mark Gordon has served as the Council's representative on this committee. Also serving are the Town Manager and a member of the PEC After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Open Space Committee." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY TOV CHARTER. o. Colorado Ski Museum and Ski Hall of Fame. Dwight Henninger has served as the town representative. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Colorado Ski Museum and Ski Hall of Fame." The motion should be seconded and voted by the Council. ADVISORY MEMBER. COUNCIL DISCRETION. p. Vail Youth Recognition/Ambassador Award. Kim Newbury serves as Council's representative on this committee. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Youth Recognition Award committee." The motion should be seconded and voted by the Council. This committee gets together once a year to determine the award recipients. VOTING MEMBER. COUNCIL DISCRETION. q. Vail Alpine Garden Foundation Board (VAGF). Pam Brandmeyer has served as Town Council representative. The board meets on the third Friday of every other month. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Alpine Garden Foundation Board." The motion should be seconded and voted by the Council. ADVISORY MEMBER. COUNCIL DISCRETION. r. Vail Local Marketing District Advisory Committee (VLMDAC). Greg Moffet serves on this board. Mark Gordon has been shadowing Greg over the past several months to become familiar with the VLMDAC's responsibilities. One member should be appointed. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Vail Local Marketing District Advisory Board." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY State Special District Legislation. s. Parking Task Force. Kevin Foley and Farrow Hitt have served on this board. The meetings are held as needed, approximately six to eight meetings per year. After discussion of this item, a motion should be made as follows: "I move be appointed as the representative of the Vail Town Council on the Parking Task Force." The motion should be seconded and voted by the Council. VOTING. COUNCIL DISCRETION. t. Vail Child Care Center. John "J P" Power has served as the Council's representative on this committee, with Kim Newbury serving in an advisory capacity. After discussion of this item, a motion should be made as follows: "I move that Kim Newbury be appointed as the representative of the Vail Town Council on the Eagle Valley Child Care Association representing the Vail Child Care Center." The motion should be seconded and voted by the Council. VOTING MEMBER REQUIRED BY NON-PROFIT STATUS. u. Rural Resorts Region. In 1996, five Colorado counties (Eagle, Garfield, Lake, Pitkin and Summit) formed the Rural Resort Region (RRR) to address regional issues affecting communities dependant upon resort economies. In January 2002, the Rural Resort Region joined forces with Northwest Colorado Council of Governments (NWCCOG) to form a new working relationship. The new partnership opened RRR's doors to any county or municipal governmental jurisdiction, special taxing district, not for profit organization or private business that is interested in the issues addressed by RRR. As a result, RRR has increased its number of affiliates from its original five counties. RRR is an issues-based, boundaryless organization that works to identify relationships between resort community issues. The group then works to develop solutions and strategies by building partnerships and coalitions among entities affected by these issues. For 2003, RRR identified mountain workforce housing as its primary focus and sponsored the 2003 Summit on Mountain Workforce Housing. In 2004, RRR produced a Benchmark Report. In 2005, RRR worked with the I-70 Coalition to identify and build consensus on a locally preferred alternative addressing transportation growth along the I-70 central mountain corridor. In 2006, the RRR focused its efforts on Forest Health, specifically regarding the Mountain Pine Beetle epidemic, and continued to work with the I-70 Coalition. The RRR will continue its work on Forest Health in 2008. Greg Moffet served as Council's representative on this committee. v. Donovan Park Pavilion Committee. Diana Donovan, Chair, previously served as Council's representative, along with Pam Brandmeyer and Laurie Assmussen (Pavilion Manager). The committee meets as issues arise at the pavilion. If a current Council Member should like to serve, Council should make that appointment. w. Timber Ridge affordable housing Corporation (TRAHC) Timber Ridge Affordable Housing Corporation (TRAHC) in a Colorado non-profit corporation incorporated on July 9, 2003. TRAHC is governed by a Board of Directors, originally comprised of all members of the Town Council. On March 1, 2005, the Board amended TRAHC's by-laws to name a new Board comprised of the following staff: Town Manager (President); Director of Finance; Director of Community Development; Director of Public Works; and Facilities Manager. The TRAHC Board is responsible for managing the process to redevelop the property known as Timber Ridge Village Apartments and to direct the operation of the property until such time as redevelopment begins. x. Visitor Center Sub-Committee This committee is used to develop an RFP process for selection of an operator. y. Eagle County Blue Ribbon Housing Committee Countywide affordable housing working group. Mark Gordon has served on this committee. z. Eagle County Blue Ribbon Housing Committee Technical Advisory Committee A "technical" group that advises the subcommittee, which will advise the Blue Ribbon Panel. Greg Moffet has served on this committee. aa. Eagle County Open Space Advisory Committee Greg Moffet has served on this committee and has expressed an interest in continuing to serve based on Council direction. bb. Vail Economic Advisory Council Greg Moffet and Mark Gordon have served on this council. cc. Chamonix Parcel Planning Committee Kent Logan and Kim Newbury have served on this committee. dd. I-70 Coalition Stan Zemler and Greg Hall currently attend these meetings. If a Council Member wishes to attend, the Council should appoint a member. 6. Rachel Friede ITEM/TOPIC: First reading of Ordinance No. 32, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 32, Series of 2007, on first reading. RECOMMENDATION: Staff recommends approval with modifications of Ordinance No. 32, Series of 2007, on first reading. 7. Scot Hunn ITEM/TOPIC: First reading of Ordinance No. 34, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District, and setting forth details in regard thereto.. (PEC07-0059). (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 34, Series of 2007, on first reading. BACKGROUND RATIONALE: On October 8, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District, and setting forth details in regard thereto. (PEC07-0059). Upon review of the request, the Planning and Environmental Commission voted unanimously (5-0-0) to forward a recommendation of approval of the request to amend the Official Zoning Map to the Vail Town Council. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 34, Series of 2007, on first reading. 8. Scot Hunn ITEM/TOPIC: First reading of Ordinance No. 35, Series of 2007, an ordinance amending Sections 12-61-3, Conditional Uses, and 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add "Professional Offices and Business Offices" to the list of allowable conditional uses in the Housing (H) District, and setting forth details in regard thereto. (PEC07-0059) (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 35, Series of 2007, on first reading. BACKGROUND RATIONALE: On October 8, 2007, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a text amendment to the Vail Town Code. Upon consideration of the request, the Commission unanimously (5-0-0) to forward a recommendation of approval of the text amendment request to the Vail Town Council. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 35, Series of 2007, on first reading. 9. Kathleen Halloran ITEM/TOPIC: First Reading of Mill Levy Certification, Ordinance No. 36, Series 2007. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 36, Series 2007, 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. 36, Series 2007, on first reading. 10. Stan Zemler ITEM/TOPIC: Discussion of Draft Ordinance No. 37, an Judy Camp ordinance adopting a use tax on building and construction Matt Mire materials; amending Title 2, Revenue and Finance, Vail Town code with the addition of Chapter 8 "Use Tax on Building and Construction Materials"; and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Provide direction to staff regarding policy and administration provisions to be included in Ordinance No. 37. See staff memorandum for specific issues. BACKGROUND RATIONALE: The construction use tax ballot question approved by Vail voters on November 6th gives Town Council the authority to implement a 4% tax on building and construction materials consumed or used in the Town of Vail. Proceeds of the tax are to be used exclusively for capital acquisitions and capital projects in the town. Implementation of the tax is accomplished by two readings of an ordinance which sets the policy and administrative details relating to the tax. Additional background information is included in Council's packet. STAFF RECOMMENDATION: Discuss draft Ordinance No. 37 and provide direction for staff to bring back and ordinance for first reading on December 4tn 11. Matt Mire ITEM/TOPIC: Resolution Number 28, Series 2007. A Resolution Deferring the Regular Meeting of the Vail Town Council, Pursuant to Section 1-5-11 of the Vail Town Code, From January 1 to January 8, 2008 and January 15 to January 22, 2008; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 28, Series 2007. BACKGROUND: Pursuant to Title 1, Chapter 5, Section 11, Vail Town Code, for "good cause" the council at a regular meeting preceding the regular meeting which will be deferred may defer the regular meeting to a subsequent date not later than one week after the deferred regular meeting date STAFF RECOMMENDATION: Approve, approve with amendments, or deny Resolution No. 28, Series 2007. 12. 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 WORK SESSION WILL BEGIN AT TBD, TUESDAY, DECEMBER 4, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, DECEMBER 4, 2007 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 November 6, 13 & 20 Minutes. b. Lease of town owned properties located at 241 South Frontage Road West, Suite 2 and 100 East Meadow Drive, Unit 2 to Plum TV, Inc. BACKGROUND: The proposed lease is in the packet to Town Council. ACTION REQUESTED OF COUNCIL: Make a motion approving and authorizing the Town Manager to execute, on behalf of the Town, the lease agreement between Plum TV and Town of Vail in substantially the same form as presented and to take whatever steps are necessary to complete the execution of the lease agreement. STAFF RECOMMENDATION: Approve the lease agreement with Plum TV, Inc. for the two town spaces described above. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Revenue Update. • Construction TCO Status. • Update on I-70 Summer'08 Paving. 4. Kent Meyers ITEM/TOPIC: Summer Air Update. (20 min.) 5. ITEM/TOPIC: First reading of Ordinance No. 37, Series of 2007, An Ordinance Adopting a Use Tax on Construction and Building Materials; Amending Title 2, Revenue and Finance, Vail Town Code with the Addition of Chapter 8 "Use Tax on Construction and Building Materials"; and Setting Forth Details in Regard Thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 37, Series 2007. BACKGROUND RATIONALE: The construction use tax ballot question approved by Vail voters on November 6th gives Town Council the authority to implement a 4% tax on building and constriction materials consumed or used in the Town of Vail Proceeds of the tax are to be used exclusively for capital acquisitions and capital projects in the town. Implementation of the tax is accomplished by two readings of an ordinance which sets the policy and administrative details relating to the tax. Additional background information is included in Council's packet. STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 37, Series of 2007. 6. Stan Zemler ITEM/TOPIC: Consideration of an amendment to the 2004 Core Site Development Improvement Agreement in regard to housing obligations. (30 min.) 7. Rachel Friede ITEM/TOPIC: The applicant, the Town of Vail, is requesting a first reading of Ordinance 33, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 12, Vail Town Code, to require public art for certain new development and redevelopment projects in Lionshead Mixed Use 1, Lionshead Mixed Use 2, Public Accommodations, Public Accommodations 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Ski Base Recreation, and Ski Base Recreation 2, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 33, Series of 2007, on first reading. RECOMMENDATION: Staff recommends the Vail Town Council approve Ordinance No. 33, Series of 2007, on first reading. 8. Kathleen Halloran ITEM/TOPIC: FIRST READING OF ORDINANCE NO. 38, Series of 2007, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICE FUND AND HEAVY EQUIPMENT FUND OF THE 2007 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. 38, Series of 2007. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 38, Series of 2007, upon first reading. (10 min.) 9. Rachel Friede ITEM/TOPIC: Table Second reading of Ordinance No. 32, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table Ordinance No. 32, Series of 2007 until 12.18.07. 10. Scot Hunn ITEM/TOPIC: Second reading of Ordinance No. 34, Series of 2007, an ordinance amending the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District, and setting forth details in regard thereto.. (PEC07-0059). (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 34, Series of 2007, on second reading. BACKGROUND RATIONALE: On October 8, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend the Official Zoning Map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Lot 8B, Block 2, Vail Potato Patch, from High Density Multiple Family (HDMF) District to Housing (H) District, and setting forth details in regard thereto. (PEC07-0059). Upon review of the request, the Planning and Environmental Commission voted unanimously (5-0-0) to forward a recommendation of approval of the request to amend the Official Zoning Map to the Vail Town Council. On November 20, 2007, the Council voted unanimously to approve Ordinance No. 34, Series of 2007, on first reading. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 34, Series of 2007, on second reading. 11. Scot Hunn ITEM/TOPIC: Second reading of Ordinance No. 35, Series of 2007, an ordinance amending Sections 12-61-3, Conditional Uses, and 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add "Professional Offices and Business Offices" to the list of allowable conditional uses in the Housing (H) District, and setting forth details in regard thereto. (PEC07-0059) (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 35, Series of 2007, on second reading. BACKGROUND RATIONALE: On October 8, 2007, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a text amendment to the Vail Town Code. Upon consideration of the request, the Commission unanimously (5-0-0) to forward a recommendation of approval of the text amendment request to the Vail Town Council. On November 20, 2007, Council voted unanimously to approve Ordinance No. 35, Series of 2007, on first reading, with suggested revisions to the text amendment. Staff has made the requested revisions to the text and presents the Ordinance for second reading. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 35, Series of 2007, on second reading. 12. Kathleen Halloran ITEM/TOPIC: Second reading of Mill Levy Certification, Ordinance No. 36, Series 2007. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 36, Series 2007, 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. 36, Series 2007, on first reading. 13. ITEM/TOPIC: Adjournment. (8:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, DECEMBER 18, 2007 IN THE 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 SESSION AGENDA 6:00 P.M. TUESDAY, DECEMBER 18, 2007 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: Rod Slifer Recognition. (5 min.) 2. ITEM/TOPIC: Battle Mountain High School Cross Country State Championship Recognition. (5 min.) 3. ITEM/TOPIC: Citizen Participation. (15 min.) 4. ITEM/TOPIC: Consent Agenda. (5 min.) A. Annual appointment of newspaper of record for Town of Vail publications and notices for 2008. ACTION REQUESTED OF COUNCIL: Appoint The Vail Daily as the newspaper of record for 2008 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 18, 2007 at 6:00 p.m., or as soon thereafter as the matter can be heard. RECOMMENDATION: Appoint a The Vail Daily as the newspaper of record for 2008. B. Election Commission Appointments for the Town of Vail. ACTION REQUESTED OF COUNCIL: Appoint two electors of the Town of Vail to the election commission of the Town of Vail, for a period of two years (November, 2007 to November, 2009). BACKGROUND RATIONALE: The election commission consists of the town clerk and two qualified and registered electors of the town, who during their term of office shall not be town officers or employees or candidates or nominees for elective town office. These two members shall be appointed by the council in the first December following a regular town election, for a term of two (2) years and shall serve without compensation. The town clerk shall be chairman. The election commission shall have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the town. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed. The commission shall provide procedures to establish proof of residency qualification where residency is in question. Upon a showing for good cause, the election commission may require proof of residency by any person registered to vote or attempting to register to vote in the Town of Vail. Said person shall not be qualified to vote in any municipal election until the election commission is satisfied that he has presented sufficient proof of residency as required by law or ordinance adopted pursuant to this Charter. The election commission shall provide for ballots and sample ballots or voting machines, for determination of the winner in the event of a tie vote, for canvass of returns and for the issuance of appropriate certificates. RECOMMENDATION: The Town Clerk is requesting the Town Council to appoint Vi Brown and Summer Holm to the Election Commission of the Town of Vail, to serve from November 2007 to November, 2009. 5. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Wildlife Ordinance Update. 6. Pam Brandmeyer ITEM/TOPIC: Appointments to the CSE, VLMDAC, DRB, and PEC boards. (15 min.) ACTION REQUESTED OF COUNCIL: 1) Please interview the Commission on Special Events (CSE) applicants at the worksession and appoint four applicants to the CSE (terms expire December 31, 2009) 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, 2009) at the evening meeting. 3) Please interview the Design Review Board (DRB) applicants at the work session and appoint one applicant to the DRB (to fill in the term vacated by Margaret Rogers, term expires March 31, 2008) at the evening meeting. 4) Please interview the Planning and Environmental Commission (PEC) applicants at the work session and appoint one applicant to the PEC (to fill the term vacated by Dick Cleveland, term expires March 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. There are currently four vacancies on the CSE. The Town received seven (7) 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: Bobby Bank* Mark Cervantes Stephen Connolly* Tom Gorman Rayla Kundolf Robert McKown Scott Stoughton* I have enclosed an attendance summary and potential questions to ask the applicants 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 nine (9) 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: Mark Cervantes John Dawsey* Tom Gorman Michelle Kobelan John Monson Laurie Mullen* Peter Hayda* Stephen Connolly Susie Tjossem I have enclosed an attendance summary and potential questions to ask the applicants for the VLMDAC for your review. PEC: Members of the PEC must be registered voters and residents of the Town of Vail. Duties of the seven-member PEC include review and determination of requests for variances and conditional use permits, and recommendation to Town Council on special development districts, subdivisions, rezonings, various Town of Vail proposed plans and other community matters. The term of the interim appointment begins December 19, 2007 and expires on March 31, 2008, (this is an interim appointment to finish out the term for Dick Cleveland, who was recently elected to the Town Council). There is currently one vacancy for PEC, The Town received two (2) applications for the PEC. It is requested that the Town Council interview each applicant at the work session and then appoint one applicant to the PEC at the evening meeting. The applicants are as follows: Tom Gorman Susie Tjossem DRB: Members of the DRB must be residents of the Town of Vail. Duties of the five-member DRB include reviewing the design of new structures, remodels, sign requests, landscaping plans and other architectural and aesthetic matters. The term of this appointment begins on December 19, 2007 and expires on March 31, 2008, (this is an interim appointment to finish out the term for Margaret Rogers, who was recently elected to the Town Council). There is currently one vacancy for DRB, The Town received two (2) applications for the DRB. It is requested that the Town Council interview each applicant at the work session and then appoint one applicant to the DRB at the evening meeting. The applicants are as follows: Elizabeth Plante Susie Tjossem RECOMMENDATION: Appoint four persons to the CSE; four persons to the VLMDAC; terms to end December 31, 2009. Also, appoint one person to the PEC and one person to the DRB. to fill the seats vacated by Dick Cleveland and Margaret Rogers, each term to end March 31, 2008. 7. Mark Masinter ITEM/TOPIC: Discussion & Direction in regard to Open/Hillwood proposal to redevelop the LionsHead Parking Structure. (1 hr.) 8. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 37, Series of Stan Zemler 2007, An Ordinance Adopting a Use Tax on Construction and Judy Camp Building Materials; Amending Title 2, Revenue and Finance, Vail Town Code with the Addition of Chapter 8 "Use Tax on Construction and Building Materials"; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 37, Series 2007. BACKGROUND RATIONALE: The construction use tax ballot question approved by Vail voters on November 6th gives Town Council the authority to implement a 4% tax on building and constriction materials consumed or used in the Town of Vail Proceeds of the tax are to be used exclusively for capital acquisitions and capital projects in the town. Implementation of the tax is accomplished by two readings of an ordinance which sets the policy and administrative details relating to the tax. Additional background information is included in Council's packet. STAFF RECOMMENDATION: Approve, amend or deny second reading of Ordinance No. 37, Series of 2007. 9. Nina Timm ITEM/TOPIC: The owners of two deed restricted Employee Housing Units located at 201 Gore Creek Drive (the Bell Tower building) have requested a release of the deed restriction on EHUs located in the Bell Tower. In exchange for the release, the owners are offering to provide the Town of Vail a Type IV deed restricted unit at 4192 Spruce Way (Altair Vail Inn). (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny the request. BACKGROUND RATIONALE: It is the desire of the Bell Tower Employee Housing Units owners to remove the two deed restricted EHUs which total 597 square feet, located at the Bell Tower building and replace them with a new deed restricted EHU located at 4192 Spruce Way #A-201, which is 1,192 square feet. The existing EHU square feet would then be incorporated into the primary residence located on the third floor of the Bell Tower building. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves the request subject to the applicant providing Altair Vail # A-201 as a price appreciation capped, for-sale unit with a maximum initial sales price of $178,650 to a qualified employee on the existing Town of Vail Master Resale Lottery List. 10. George Ruther ITEM/TOPIC: Discussion of the First Reading of Ordinance No. 39, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Sub-Sections 12-7B-2A, Definitions (basement or garden level); 12-7B-3A, Definitions (first-floor or street level); 12- 7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions (first-floor or street level), Vail Town Code, to allow for amendments to the definitions of "Basement or Garden Level" and "First Floor or Street Level," and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 39, Series of 2007, on first reading. BACKGROUND RATIONALE: On December 10, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request to amend Section 12-2-2, Definitions, and Sub-Sections 12-7B-2A, Definitions (basement or garden level); 12-7B-3A, Definitions (first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A, Definitions (first-floor or street level); 12-71-2A, Definitions (basement or garden level); 12-7K-3A, Definitions (first-floor or street level), Vail Town Code, to allow for amendments to the definitions of "Basement or Garden Level" and "First Floor or Street Level," and setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval for the requested amendments. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 39, Series of 2007, on first reading. 11. Scot Hunn ITEM/TOPIC: First reading of Ordinance No. 40, Series of 2007, an ordinance approving a major amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Rams-Horn Lodge Condominiums, for the specific purpose of allowing the remodel and addition to the Rams-Horn Lodge Condominium building, located at 416 Vail Valley Drive; Lot A, Block 3 and Tract F, Vail Village 5th Filing (PEC07-0038). (25 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 40, Series of 2007, on first reading. BACKGROUND RATIONALE: On November 26, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 17, Rams-Horn Lodge Condominiums, to allow for the remodel and addition to the Rams-Horn Lodge building. Specifically, the Applicant proposes to add a forth story to the existing three story building to increase the number of dwelling units from fourteen (14) to sixteen (16), and to increase the number of attached accommodation units from twenty-one (21) to twenty-four (24). As well, the remodel is proposed to allow for the expansion of certain existing units, the expansion and enhancement of common lobby area and the addition of one (1) on-site employee housing unit. Upon review of the request, the Planning and Environmental Commission voted 5-0-1 (Pierce recused) to forward a recommendation of approval, with conditions, of the request to amend Special Development District No. 17, Rams-Horn Lodge Condominiums, to the Vail Town Council. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 40, Series of 2007, on first reading. 12. Warren Campbell ITEM/TOPIC: First Reading of Ordinance No. 41, Series of 2007, an ordinance repealing and re-enacting Ordinance No. 24, Series of 2004, establishing Special Development District No. 38, Manor Vail, and setting forth details in regard thereto. The purpose of Ordinance No. 41, Series of 2007, is to allow for a change in the number of dwelling units, located at 595 Vail Valley Drive, by combining two approved units into a single unit. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 41, Series of 2007, upon first reading. BACKGROUND RATIONALE: On December 10, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 38, Manor Vail. The purpose of the major amendment was to reduce the maximum number of allowable dwelling units by one by combining two units into a single unit, located at 595 Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village Filing 7, and setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 38, Manor Vail , to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 41, Series of 2007, on first reading. 13. Buck Allen ITEM/TOPIC: First reading of Ordinance No. 42, Series 2007. An Matt Mire Ordinance Amending Title 6, Chapter 3, Vail Town Code, Regarding Criminal Injury to Property, Larceny, Fraud and Related Offenses; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 42, Series 2007. BACKGROUND: Effective July 1, 2007, Colorado statute provides that a charge of criminal injury to property with a value less than one thousand dollars will be considered a misdemeanor criminal matter. Additionally, effective July 1, 2007, Colorado Statute, provides municipalities additional power to prohibit larceny up to one thousand dollars. By amending Title 6, Chapter 3, Vail Town Code, the Town Municipal Court will have jurisdiction over these matters. STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 42, Series 2007. 14. Buck Allen ITEM/TOPIC: First reading of Ordinance No. 43, Series 2007. An Matt Mire Ordinance Amending Title 7, Chapter 3, Vail Town Code, Regarding Parking Infractions; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 43, Series 2007. BACKGROUND: Certain text amendments to the Vail Town Code relating to the Town's parking regulations are necessary to more effectively enforce the current parking policies. STAFF RECOMMENDATION: Approve first reading of Ordinance No. 43, Series 2007. 15. Rachel Friede ITEM/TOPIC: Second reading of Ordinance No. 32, Series of 2007, an Ordinance to enact prescribed regulation amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. (10 min.) BACKGROUND RATIONALE: On October 8, 2007, the PEC made a recommendation to the Vail Town Council of approval, with modifications. The PEC worked through the text amendments and came up with compromises on the text amendments that are now proposed in the ordinance. On November 20, 2007, the Vail Town Council unanimously approved, with modifications, Ordinance No. 32, Series of 2007, on first reading. The modifications to Ordinance No. 32, Series of 2007, included limiting display boxes to two per business frontage and allowing specials boards to be freestanding when practical difficulties exist for the specials boards to be attached to menu boxes. The Vail Town Council also requested that staff draft regulations for a leasing program of town-owned property to be used for outdoor display of retail goods. The leasing program is being proposed as a new Chapter in Title 8, Public Ways and Property, Vail Town Code, and is included as part of Ordinance No. 32, Series of 2007. ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 32, Series of 2007, on second reading. RECOMMENDATION: Staff recommends that the Vail Town Council approve Ordinance No. 32, Series of 2007, on second reading. 16. Kathleen HalloranlTEM/TOPIC: Second Reading of Ordinance No. 38, Series of 2007, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund of the 2007 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: Ask any questions or give any comments regarding the 3rd supplemental of 2007, Ordinance No. 38, Series of 2007, an ordinance making supplemental appropriations to the Town of Vail 2007 budget, in preparation for approving the second reading during the evening session. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves Ordinance No. 38, Series of 2007, upon second reading this evening. 17. ITEM/TOPIC: Council Comments on the 2007 Vail Ski Area Improvements Project. (30 min.) 18. ITEM/TOPIC: Adjournment. (10:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, JANUARY 8, 2008 IN THE 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.