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HomeMy WebLinkAbout2008 Town Council Agendas Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, JANUARY 8, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (15 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) A. Approval of 12.04.07, 12.11.07 & 12.18.07 Town Council Meeting Minutes. 3. ITEM/TOPIC: Town Manager's Report. (20 min.) • Introduction of Mark Miller (Fire Chief). • Revenue Update. • $4.3 million Vail Resorts Parking Obligation. • Update on Emergency Traffic Management. 4. 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 variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side yard setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table this appeal to the Town Council's February 5, 2008, public hearing. BACKGROUND RATIONALE: On November 12, 2007, the Planning and Environmental Commission denied the appellant's request for a variance from the setback standards at 2570 Bald Mountain Road by a vote of 7-0-0. On December 3, 2007, the appellant filed an appeal of the Planning and Environmental Commission's decision. Pursuant to Sub-section 12-3-3-C-3, Vail Town Code, "...A hearing shall be schedule to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may 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) calendar days..." The appellant has requested a continuance for this appeal. STAFF RECOMMENDATION: Staff recommends the Town Council tables this appeal to its February 5, 2008, public hearing. 5. Nicole Peterson 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 final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate office) located at 714 West Lionshead Circle (Vail Marriott Mountain Resort and Spa)/Lot 1, West Day Subdivision, and setting forth details in regard thereto. (PEC07-0066). (25 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 26, 2007 the Planning and Environmental Commission approved, with conditions, a request for a final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate office) located at 714 West Lionshead Circle (Vail Marriott Mountain Resort and Spa), by a vote of 5-0-1 (Viele recused). On December 4, 2007, the Vail Town Council "called-up" (i.e. appealed) the Planning and Environmental Commission's action by a vote of 5-1-1 (Rogers opposed, Gordon recused), due to a concern regarding the temporary loss of two accommodation units within the LMU-1 Zone District. STAFF RECOMMENDATION: Staff recommends the Town Council uphold the Planning and Environmental Commission's approval, with conditions of the conditional use permit. 6. George Ruther ITEM/TOPIC: Second Reading of Ordinance No. 39, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Sub-Sections 12-713-2A, Definitions (basement or garden level); 12-713-3A, 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. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 39, Series of 2007, on second reading. BACKGROUND RATIONALE: On December 18, 2007, the Town Council approved Ordinance No. 39, Series of 2007, on first reading by a vote of 7-0-0. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 39, Series of 2007, on second reading. 7. Scot Hunn ITEM/TOPIC: Second 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). (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 40, Series of 2007, on second 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. 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. On December 18, 2007, the Vail Town Council voted unanimously to approve Ordinance No. 40, Series of 2007, on first reading. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 40, Series of 2007, on second reading. 8. Warren Campbell ITEM/TOPIC: Second 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. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 41, Series of 2007, upon second 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 is to reduce the maximum number of allowable dwelling units by from 139 to 138 dwelling units, 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. On December 18, 2007, the Town Council unanimously voted to approve Ordinance No. 41, Series of 2007, upon first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 41, Series of 2007, on second reading. 9. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 42, Series 2007. An 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 second 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 second reading of Ordinance No. 42, Series 2007. 10. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 43, Series 2007. An 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 second 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, amend or deny second reading of Ordinance No. 43, Series 2007. 11. Matt Mire ITEM/TOPIC: Resolution No. 1, Series of 2008, 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 2008. BACKGROUND RATIONALE: Pursuant to Section 24-6- 402(2)(c) of the C.R.S. as amended, provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance. RECOMMENDATION: Approve Resolution No. 1, Series of 2008. 12. Matt Mire ITEM/TOPIC: Adjournment. (7:45 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING SESSION WILL BEGIN AT TBD, TUESDAY, JANUARY 22, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, JANUARY 22, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Colorado Chapter of the American Public Works Association (APWA) Award Winners. Council will recall during the summer of '07, the town's Public Works Department was requested to present a session on their innovative and successful approach to managing redevelopment in this community. The town has just learned that in two categories, the Town of Vail (Small Community Category) has been recognized as providing outstanding service. The categories are as follows: Engineering/Construction Management, the Vail Construction Inspection Team, which includes Public Works, Fire, Community Development and Building; and Building Code Administration, which includes Public Works and the Community Development Department and Building. 3. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (15 min.) 4. ITEM/TOPIC: Information Update. (10 min.) 5. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 6. Nina Timm ITEM/TOPIC: Stratton Flats Overview. (10 min.) 7. Pam Brandmeyer ITEM/TOPIC: Review and Approve Ford Park paid parking dates for the 2008 Summer Calendar. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments the summer calendar for Ford Park paid parking dates for 2008. BACKGROUND RATIONALE: The 2008 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has been compiled by the Ford Park Group. Staff is requesting Council's review and approval of the calendar for paid parking dates at Ford Park for the Summer 2008 schedule. There are currently days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. RECOMMENDATION: Approve or approve with amendments, the summer calendar for Ford Park paid parking dates for 2008. 8. Scot Hunn ITEM/TOPIC: Update the Council on progress made on the Chamonix Site Master Plan project. (10 min.) ACTION REQUESTED OF COUNCIL: Listen to update by Staff, ask questions and provide feedback. No action by the Council is requested/necessary at this time. BACKGROUND RATIONALE: On January 8, 2008, Staff conducted a "Kick-off" meeting with the Council to: 1) Introduce the Consultant Team to the Council and to present a brief overview of relevant, regional work by the Team (power point presentation); 2) Discuss previous master plan efforts and current opportunities for the Chamonix Site; 3) Discuss and clarify goals, objectives and "parameters" for the project; 4) Establish expectations for project and roles of Council, Staff and Advisory Committee; and, 5) Appoint representatives to the Advisory Committee. On January 16, 2008, Staff held a "Kick-Off" meeting with the Chamonix Site Master Plan Advisory Committee to review the existing, adopted master plan for the site and to discuss new opportunities apparent for the development of the site based on new/changed conditions. Also at this meeting, Staff and the Committee began drafting recommendations for overall design parameters for the planning and design process. Recommendations will be presented to the Council at a regularly scheduled meeting prior to proceeding with any design related work by the Consultant. STAFF RECOMMENDATION: Staff recommends the Council listen to update and provide feedback to Staff. No action is requested of the Council at this time. 9. George Ruther ITEM/TOPIC: EverVail. (5 min.) 10. George Ruther ITEM/TOPIC: LionsHead Parking Structure. (5 min.) 11. George Ruther ITEM/TOPIC: North Day Lot. (5 min.) 12. Mark Masinter ITEM/TOPIC: Timber Ridge Pro Forma Review. (45 min.) 13. Matt Mire ITEM/TOPIC: Non-Golf Course Facilities Lease. Resolution No. 2, Series of 2007. (30 min.) BACKGROUND RATIONALE: On November 6, 2007, the Town Council approved a draft Memorandum of Understanding (MOU) with the Vail Recreation District (VRD) outlining agreement to proceed with approval of the Non-Golf Course Facilities Lease, continuing negotiation on the Golf Course lease, and agreement to fund deferred maintenance with the VRD over the next five years. The town and the VRD have budgeted over $3M each based on a set maintenance schedule and outlined responsibilities per the lease. STAFF RECOMMENDATION: Approve the Non-Golf Course Facilities lease as presented. 14. 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, FEBRUARY 5, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL (REVISED) EVENING SESSION AGENDA Please note the addition of item No. 9. VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, FEBRUARY 5, 2008 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. Warren Campbell ITEM/TOPIC: Citizen Input. (10 min.) 2. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) • Revenue Update. • New Year's Eve Update. • LionsHead Skier Drop-off & Loading Update. • Council Retreat Follow-up. 3. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 01.08.08 and 01.22.08 Minutes. 4. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's denial of a variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side yard setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Continue this appeal to the Town Council's February 19, 2008, public hearing. STAFF RECOMMENDATION: Staff recommends the Town Council continues this appeal to its February 19, 2008, public hearing. 5. Nicole Peterson ITEM/TOPIC: The applicant, the Lionshead Center Homeowner's Association, represented by Louis Bieker of 4240 Architecture, is requesting permission to proceed through the development review process with a proposal to make improvements on town-owned land in conjunction with a proposed redevelopment of the LionsHead Center. (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 make improvements on town-owned land, pursuant to the recommendations of the Lionshead Redevelopment Master Plan, in conjunction with a proposed redevelopment of LionsHead Center. 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. 6. Warren Campbell ITEM/TOPIC: The applicant, Vail Resorts Development Company, represented by the Mauriello Planning Group, is requesting permission to proceed through the development review process with a proposal to make improvements on town-owned land in conjunction with a proposed redevelopment of the North Day Lot. (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 major exterior alteration application and design review application to make improvements on town-owned land, pursuant to the recommendations of the Lionshead Redevelopment Master Plan, in conjunction with a proposed redevelopment of the North Day Lot. 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. 7. Pam Brandmeyer ITEM/TOPIC: Current copy of the Ford Park Paid Parking dates for the 2008 Summer Calendar. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments the summer calendar for Ford Park paid parking dates for 2008. BACKGROUND RATIONALE: The 2008 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has been compiled by the Ford Park User Committee. Staff is requesting Council review and approval of the calendar for paid parking dates at Ford Park for the Summer 2008 schedule. There are currently 37 days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. RECOMMENDATION: Approve or approve with amendments, the summer calendar for Ford Park paid parking dates for 2008. 8. Rachel Friede ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. (5 min.) BACKGROUND RATIONALE: On February 6, 2007, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail. The regulations remained vague regarding nonconforming structures and multiple ownership scenarios, relying on the regulations regarding compatibility of materials to guide decision-making. Following recent decisions by the Design Review Board to allow different roof covering materials under certain circumstances, the Vail Town Council instructed Staff to propose text amendments to the regulations in order to clarify requirements and allow different roof covering materials under certain circumstances in two-family and multi-family dwellings. On December 10, 2007, the Planning and Environmental Commission reviewed proposed text amendments and recommended approval with modifications. On December 12, 2007, the Vail Town Council held a work session on the proposed amendments. Council members commented that they were in favor of the proposed text amendments, and asked that the Design Review Board be given some discretion in allowing compatible roofing materials. ACTION REQUESTED OF COUNCIL: Staff requests the Vail Town Council approve, approve with modifications, or deny Ordinance No. 3, Series of 2008, upon first reading. 9. George Ruther ITEM/TOPIC: Discussion of future infill development opportunities on the south side of the Vail Transportation Center. (30 min.) ACTION REQUESTED OF COUNCIL: If the Town Council determines that future development on the south side of the Vail Transportation Center is desirable, instruct staff to return to the Vail Town Council at a future worksession and recommend a proposed process for how the Town should proceed with such opportunities. BACKGROUND RATIONALE: The Town of Vail has been approached by a developer to construct a mixed-use development on the south side of the Vail Transportation Center. The proposed development would likely include a mix of retail, office, deed restricted employee housing and on-site parking. Before proceeding any further in discussions with the developer, staff believes it is important for the Vail Town Council to first determine whether development on this portion on town-owned land is of interest to the Town of Vail at this time. 9. ITEM/TOPIC: Adjournment. (7:30 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, FEBRUARY 19, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 TBD P.M., TUESDAY, FEBRUARY 6, 2008 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. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (15 min.) 2. ITEM/TOPIC: Information Update. (10 min.) 3. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 4. Matt Mire ITEM/TOPIC: Executive Session. (60 min.) 5. 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, FEBRUARY 20, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, FEBRUARY 19, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Joe Blair ITEM/TOPIC: International Federation of Sports Climbing President Introduction (IFSC). (10 min.) 3. ITEM/TOPIC: Town Manager's Report. (15 min.) • Chamonix Master Planning Focus Group update. • Vail Pass Closure Update. 4. Stan Zemler ITEM/TOPIC: Reallocation of balance in Conference Judy Camp Center Fund. (30 min.) BACKGROUND RATIONALE: A November 2005 election rescinded a 0.5% sales tax and a 1.5% lodging tax that had been put into place in 2002 to build and operate a conference center. The ballot question contained a further provision that the Town Council shall either: refund any remaining revenues from the taxes pursuant to a refund methodology determined by the Council; or submit a question to the voters on how such revenues shall be used. STAFF RECOMMENDATION: Staff recommends deferral of a ballot question concerning the conference center funds until at least November 2009. ACTION REQUESTED OF COUNCIL: If you agree with the staff recommendation, approve a motion to defer a ballot question concerning use of the conference center funds until November 2009 based upon findings included in this memo. If you do not agree with the staff recommendation, direct staff to return to Council in two weeks with a timetable and process for placing a question on the November 2008 ballot. 5. Ron Braden ITEM/TOPIC: Council has asked staff to update them on the status of the CenturyTel wireless network, and give them an update on the existing agreement to ensure that CenturyTel is in compliance with the terms of the agreement. (15 min.) BACKGROUND: In August of 2006, following an extensive RFP process, the Town of Vail entered into an eight-year Wireless Broadband Network Lease Agreement with CenturyTel to build, own, and operate a town-wide wireless network. In order to comply with state law that strictly forbids municipalities to own, operate, or manage a municipal broadband service (without the vote of the people), this agreement makes no reference to coverage areas, offerings, pricing, or service level agreements. After a review of this contract by staff and counsel, it was determined that CenturyTel is not in violation of the terms of the contract. As compensation for leasing public assets to CenturyTel, the town receives free Internet access for our guests up to sixty minutes per day, free access to the network for municipal and public safety use, a five percent revenue share once the capital infrastructure of the network is paid off, a much needed link to our public safety agencies down valley, and the addition of a competitive Internet Service Provider (ISP). To date, CenturyTel has invested more than 1.2 million dollars into the network, while continuing to make improvements. We are the only municipality in the State of Colorado to have a town wide wireless network in partnership with a private sector company. Additionally, the town has not spent any capital dollars to build or maintain the system. Agenda: CenturyTel will provide an update to council on the following tems. 1) Signal Issues / power problems with wireless access points. ..Eight of the ten problem nodes are construction related 2) Status of the network coverage expansion (11 nodes). ..Winter delays/struggles 3) Status on Customer Premise Equipment (CPE) device. 4) Deployment of portal / kiosk project. 5) Analysis of last 90 days of trouble calls into the 24x7 toll-free Help Desk. 6) Edge out uses of the network. 6. George Ruther ITEM/TOPIC: The applicant, Triumph Development, is requesting permission to proceed through the development review process with an application to amend the Vail Village Master Plan to allow for mixed use development on the south side of the Vail Transportation Center. (10 min.) ACTION REQUESTED OF COUNCIL: Listen to a brief presentation on the amendment procedures outlined in the Vail Village Master Plan and instruct the Community Development Department and the applicant on how the Vail Town Council wishes to proceed at this time. BACKGROUND RATIONALE: On February 5, 2008, the Vail Town Council held a public hearing to discuss the potential to amend the Vail Village Master Plan to allow for mixed-use development on the south side of the Vail Transportation Center. The Vail Village Master Plan currently designates the south side of the Vail Transportation Center as an open space buffer between the parking structure and existing mixed-use development on the south side of East Meadow Drive. Upon completion of the discussion, the Vail Town Council unanimously voted to instruct Staff to proceed through the development review process with a proposed amendment to the Vail Village Master Plan for further consideration. Staff has determined that the applicant needs to gain permission from the Vail Town Council to proceed with a text amendment proposal, thus necessitating the current request. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council grants the applicant permission to prepare a proposed amendment to the Vail Village Master Plan and submit an application to the Town of Vail Community Development Department for review and consideration pursuant to the amendment procedures outlined in the Vail Village Master Plan. An approval to proceed does not grant approval of any amendments and does not give the applicant permission to proceed through the development review process with a project on town- owned property. 7. Nina Timm ITEM/TOPIC: Discussion regarding Town Council's direction for the redevelopment of Timber Ridge Village Apartments. Specifically, policy direction regarding Town Council's expectations on rental rates and occupants in a redevelopment scenario. (30 min.) BACKGROUND RATIONALE: When Timber Ridge Village Apartments was purchased in July, 2003, the then Town Council placed a deed restriction on the property requiring 600 affordable rental beds. As the Town contemplates any redevelopment scenario for Timber Ridge it is essential to have a firm understanding of Town's Council's expectations regarding rental rates at Timber Ridge. Without clearly defined expectations of rental rates and who are the target residents it is difficult to evaluate redevelopment scenarios effectively. ACTION REQUESTED OF COUNCIL: Staff requests clear policy direction on Town Council's rental rate expectations, if any in any redevelopment of Timber Ridge. STAFF RECOMMENDATION: Provide clear policy direction on anticipated rental rates so staff is able to assist in properly evaluating redevelopment proposals against Town Council goals. 8. Tom Kassmel ITEM/TOPIC: Dedication of an Eagle River Water and Sanitation District Construction and Permanent Easement on Willow Park. (10 min.) ACTION REQUESTED OF COUNCIL: Dedicate two easements to the Eagle River Water Sanitation District for the purpose of construction of a sanitary sewer line along Willow Circle this Spring. One being a temporary construction easement for staging of material and one being a permanent easement for future maintenance and construction. BACKGROUND RATIONALE: ERWSD has requested that the Town provide two easements on Willow Park dedicated to ERWSD for the purpose of construction of a new sanitary sewer line. The easements will facilitate the construction of the new line allowing the new line to have a 0.7% grade, less impact on the existing sanitary sewer line, and providing additional areas for construction staging. STAFF RECOMMENDATION: Staff believes the construction can be limited to the existing Town owned Right of Way and no easements will be necessary. 9. Tom Kassmel ITEM/TOPIC: 2008 Vail Road. Overlay Project. (5 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 Vail Roadd. Overlay Project in the amount of $139,629.93 BACKGROUND RATIONALE: Vail Road has undergone multiple construction projects and is scheduled for an asphalt overlay this year. Due to the numerous construction projects the cost of the overlay will be cost shared by multiple entities and developers. The town will administer the project and will be reimbursed by these entities. Staff has received a bid proposal from B&B Excavating for Vail Road Overlay Project for $139,629.93 of which the town is directly responsible for $47,861.51. This amount is budgeted in the Capital Street Maintenance Budget. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 Vail Road Overlay Project in the amount of $139,629.93. 10. Scot Hunn ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive. (Cornerstone site). (45 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 5, Series of 2008, on first reading. BACKGROUND RATIONALE: On January 28, 2008, 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, Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in the allowable gross residential floor area (GRFA) within Area A, Cascade Village, and to allow for the development of the Cornerstone Site. Specifically, the applicant proposes to increase the allowable GRFA for Area A from 289,145 sq. ft. to 295,611 sq. ft. (an increase of 6,466 sq. ft.) to facilitate the development of 23 free market condominium units, 4 employee housing units, a new ticket office for lift ticket sales operations by Vail Resorts, Inc., and underground parking on the site. Upon review of the request and a site specific development plan, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with conditions, 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. 5, Series of 2008, on first reading. 11. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 6, Series of 2008, An Ordinance Amending Title 6, Chapter 3, Article D, Regarding Offenses Against Public Peace. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny first reading of Ordinance No. 6, Series 2008. BACKGROUND RATIONALE: Due to public transportation disturbances the Town of Vail Police Department and Bus Department has requested an amendment to Title 6, Chapter 3, of the Town Code to add a subsection that is similar to the C.R.S §18-9-114 for the counsels consideration. STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 6, Series 2008. 12. Rachel Friede ITEM/TOPIC: Second reading of Ordinance No. 3, Series of 2008, an Ordinance amending Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town of Vail, and setting forth details in regard thereto. (5 min.) BACKGROUND RATIONALE: On February 6, 2007, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail. The regulations remained vague regarding nonconforming structures and multiple ownership scenarios, relying on the regulations regarding compatibility of materials to guide decision-making. Following recent decisions by the Design Review Board to allow different roof covering materials under certain circumstances, the Vail Town Council instructed Staff to proposed text amendments to the regulations in order to clarify requirements and allow different roof covering materials under certain circumstances in two-family and multi-family dwellings. On December 10, 2007, the Planning and Environmental Commission reviewed proposed text amendments and recommended approval with modifications. On December 12, 2007, the Vail Town Council held a work session on the proposed amendments. Council members commented that they were in favor of the proposed text amendments, and asked that the Design Review Board be given some discretion in allowing compatible roofing materials. On February 5, 2008, the Vail Town Council unanimously approved Ordinance No. 3, Series of 2008, on first reading. ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 3, Series of 2008, upon second reading. 13. Rachel Friede ITEM/TOPIC: Resolution No. 3, Series of 2008, a Resolution to establish Special Business Promotion Permits, and setting forth details in regard thereto. (10 min.) BACKGROUND RATIONALE: Over the past few years, the Special Events Coordinator has received numerous requests from businesses to hold promotional events that did not meet the requirements for a special events permit. After consulting the business community, Staff has developed the Special Business Promotion Permit to allow individual businesses to hold promotional events that include activities outside of day-to-day business. On February 11, 2008, the Planning and Environmental Commission unanimously voted to recommend approval of a resolution establishing Special Business Promotion Permits. ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Resolution No. 3, Series of 2008. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Resolution No. 3, Series of 2008. 14. ITEM/TOPIC: Adjournment. (9:20 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, MARCH 4, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL REVISED EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MARCH 4, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (15 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 02.05.08 & 02.19.08 Minutes. 3. ITEM/TOPIC: Town Manager's Report. (30 min.) • Agenda for Vail Town Meeting, March 11. • Revenue Update. • Road Closure Update. 4. Scot Hunn ITEM/TOPIC: Update the Council on information gathered from focus group and neighborhood meetings held on February 7, 2008 and February 13, 2008. Staff is also requesting that the Council take formal action to re-affirm, with modifications, the planning goals and design parameters adopted by Council on January 22, 2008. (45 min.) ACTION REQUESTED OF COUNCIL: Re-affirm, or modify, the planning goals and design parameters adopted by the Town Council on January 22, 2008, based on Staff's recommendations and based on information gathered from focus group participants and from the neighborhood meeting attendees. BACKGROUND RATIONALE: On January 22, 2008, Advisory Committee recommendations were presented to the Council for adoption. At that meeting, the Council adopted ten goals and design related parameters to be used to guide the planning and design process. On February 7, 2008, Staff and the consultant team held a series of "focus group" meetings with local employees, employers, emergency services providers and Town Staff to discuss the current project. On February 13, 2008, Staff and the consultant team held a "neighborhood meeting" to share information about the current master plan project with the public, and to gather information to be considered in the design of the project. STAFF RECOMMENDATION: Staff recommends the Council re- affirm, with modifications, the planning goals and design parameters adopted by Council on January 22, 2008, and authorize Staff and the consultant team to proceed with conceptual design work for the Chamonix Site. 5. Mark Masinter ITEM/TOPIC: Timber Ridge Redevelopment: Staff will provide an Stan Zemler overview of the Housing (H) District. (45 min.) In anticipation of purchasing and redeveloping the Timber Ridge site, Lincoln Property Company Southwest is requesting consideration of the following development alternatives: 1. To construct employee housing units at a floor area rate of 250 square feet per employee, rather than a rate of 350 square feet as required by the Vail Town Code. 2. To allow twenty-five percent (25%) of the total units on the Timber Ridge site to be free-market dwelling units, rather than deed restricted employee housing units. 3. To establish five-year rental leases as an employee housing mitigation, rather than providing the mitigation through the methods required by the Vail Town Code. ACTION REQUESTED OF COUNCIL: Provide staff and Lincoln Property Company Southwest direction regarding the three proposed redevelopment alternatives. BACKGROUND RATIONALE: The Town of Vail acquired Timber Ridge in 2003 and permanently deed restricted the property with the requirement to maintain 600 affordable rental beds. It is the intention of the town to enter into an agreement with Lincoln Property Company Southwest to purchase and redevelop the subject property. STAFF RECOMMENDATION: Provide staff and Lincoln Property Company Southwest direction regarding the three proposed development alternatives. 6. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2008, on first reading. BACKGROUND RATIONALE: On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations are scheduled to expire on April 1, 2008. On February 25, 2008, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval for text amendments to extend the approval of the Commercial Core Construction regulations until April 1, 2010. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 4, Series of 2008, on first reading. 7. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 6, Series of 2008, An Ordinance Amending Title 6, Chapter 3, Article D, Regarding Offenses Against Public Peace; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 6, Series 2008. BACKGROUND RATIONALE: Due to public transportation disturbances the Town of Vail Police Department and the Bus Department have requested an amendment to Title 6, Chapter 3, of the Town Code to add a subsection that is similar to the C.R.S §18-9- 114 for the council's consideration. STAFF RECOMMENDATION: Approve, amend or deny second reading of Ordinance No. 6, Series 2008. 8. Matt Mire ITEM/TOPIC: Resolution No. 2, Series of 2008, A Resolution Approving a Master Facilities Lease Agreement with the Vail Park and Recreation District, and Setting Forth Details in Regard Thereto. (30 min.) ACTION REQUESTED OF AUTHORITY: Approve, amend or deny Resolution No. 2, Series of 2008. BACKGROUND RATIONALE: The Town and the Vail Park and Recreation District (the "VRD") entered into a master facilities lease agreement on December 21, 1993, for all recreation facilities owned by Town of Vail and operated by the VRD, exclusive of the Vail Golf Course and the Vail Gymnastics Facility. The parties now desire to execute a new master lease regarding the same facilities contemplated in the 1993 lease. On February 19th the Council held a work session, provided comments on the draft lease and directed staff to present the same at the Council's next evening meeting for public comment and approval. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 2, Series of 2008. 9. Kelli McDonald ITEM/TOPIC: Resolution No. 4, Series of 2008. A Resolution Approving The Amended 2008 Budget for the Vail Local Marketing District, 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 Resolution 4, Series 2008, a supplemental appropriation to the 2008 Vail Local Marketing District Budget. BACKGROUND RATIONALE: This supplemental request was presented earlier to the Vail Local Marketing District (VLMD) Board for approval. Town Council is now requested to approve VLMD's amended budget. STAFF RECOMMENDATION: Staff recommends the Town Council approve or approve with amendments Resolution No. 4, Series of 2008. 10. Matt Mire ITEM/TOPIC: Resolution Number 5, Series of 2008. A resolution amending the Intergovernmental Agreement between the Town of Vail and Solaris Metropolitan Districts 1, 2, & 3; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF AUTHORITY: Approve, approve with amendments, or deny Resolution No. 5, Series of 2008. BACKGROUND RATIONALE: The Town of Vail and Solaris Metropolitan District Nos. 1, 2, and 3 (the "Districts") entered into an Intergovernmental Agreement (the "IGA") on March 22, 2007, in accordance with the terms of the Districts' Service Plan approved by the Town on September 19, 2006. The IGA was executed while the Districts were operating under the initial Service Plan, which imposed a debt cap of twenty million dollars ($20,000,000). The Town subsequently amended the Service Plan in order to raise the debt cap to forty million dollars ($40,000,000). The Town approved the Amended Service Plan in April, 2007. The IGA was not revised when the Town approved the Amended Service Plan and needs to be modified to reflect the terms of the Amended Service Plan and the appropriate debt. STAFF RECOMMENDATION: Approve, approve with amendments, or deny first reading of Resolution No. 5, Series of 2008. 11. ITEM/TOPIC: Adjournment. (9:15 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, MARCH 18, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MARCH 4, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (15 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 02.05.08 & 02.19.08 Minutes. 3. ITEM/TOPIC: Town Manager's Report. (30 min.) • Agenda for Vail Town Meeting, March 11. • Revenue Update. • Road Closure Update. 4. Scot Hunn ITEM/TOPIC: Update the Council on information gathered from focus group and neighborhood meetings held on February 7, 2008 and February 13, 2008. Staff is also requesting that the Council take formal action to re-affirm, with modifications, the planning goals and design parameters adopted by Council on January 22, 2008. (45 min.) ACTION REQUESTED OF COUNCIL: Re-affirm, or modify, the planning goals and design parameters adopted by the Town Council on January 22, 2008, based on Staff's recommendations and based on information gathered from focus group participants and from the neighborhood meeting attendees. BACKGROUND RATIONALE: On January 22, 2008, Advisory Committee recommendations were presented to the Council for adoption. At that meeting, the Council adopted ten goals and design related parameters to be used to guide the planning and design process. On February 7, 2008, Staff and the consultant team held a series of "focus group" meetings with local employees, employers, emergency services providers and Town Staff to discuss the current project. On February 13, 2008, Staff and the consultant team held a "neighborhood meeting" to share information about the current master plan project with the public, and to gather information to be considered in the design of the project. STAFF RECOMMENDATION: Staff recommends the Council re- affirm, with modifications, the planning goals and design parameters adopted by Council on January 22, 2008, and authorize Staff and the consultant team to proceed with conceptual design work for the Chamonix Site. 5. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2008, on first reading. BACKGROUND RATIONALE: On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations are scheduled to expire on April 1, 2008. On February 25, 2008, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval for text amendments to extend the approval of the Commercial Core Construction regulations until April 1, 2010. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 4, Series of 2008, on first reading. 6. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 6, Series of 2008, An Ordinance Amending Title 6, Chapter 3, Article D, Regarding Offenses Against Public Peace; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 6, Series 2008. BACKGROUND RATIONALE: Due to public transportation disturbances the Town of Vail Police Department and the Bus Department have requested an amendment to Title 6, Chapter 3, of the Town Code to add a subsection that is similar to the C.R.S §18-9- 114 for the council's consideration. STAFF RECOMMENDATION: Approve, amend or deny second reading of Ordinance No. 6, Series 2008. 7. Matt Mire ITEM/TOPIC: Resolution No. 2, Series of 2008, A Resolution Approving a Master Facilities Lease Agreement with the Vail Park and Recreation District, and Setting Forth Details in Regard Thereto. (30 min.) ACTION REQUESTED OF AUTHORITY: Approve, amend or deny Resolution No. 2, Series of 2008. BACKGROUND RATIONALE: The Town and the Vail Park and Recreation District (the "VRD") entered into a master facilities lease agreement on December 21, 1993, for all recreation facilities owned by Town of Vail and operated by the VRD, exclusive of the Vail Golf Course and the Vail Gymnastics Facility. The parties now desire to execute a new master lease regarding the same facilities contemplated in the 1993 lease. On February 19th the Council held a work session, provided comments on the draft lease and directed staff to present the same at the Council's next evening meeting for public comment and approval. STAFF RECOMMENDATION: Approve, amend ordeny Resolution No. 2, Series of 2008. 8. Kelli McDonald ITEM/TOPIC: Resolution No. 4, Series of 2008. A Resolution Approving The Amended 2008 Budget for the Vail Local Marketing District, 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 Resolution 4, Series 2008, a supplemental appropriation to the 2008 Vail Local Marketing District Budget. BACKGROUND RATIONALE: This supplemental request was presented earlier to the Vail Local Marketing District (VLMD) Board for approval. Town Council is now requested to approve VLMD's amended budget. STAFF RECOMMENDATION: Staff recommends the Town Council approve or approve with amendments Resolution No. 4, Series of 2008. 9. Matt Mire ITEM/TOPIC: Resolution Number 5, Series of 2008. A resolution amending the Intergovernmental Agreement between the Town of Vail and Solaris Metropolitan Districts 1, 2, & 3; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF AUTHORITY: Approve, approve with amendments, or deny Resolution No. 5, Series of 2008. BACKGROUND RATIONALE: The Town of Vail and Solaris Metropolitan District Nos. 1, 2, and 3 (the "Districts") entered into an Intergovernmental Agreement (the "IGA") on March 22, 2007, in accordance with the terms Districts' Service Plan approved by the Town on September 19, 2006. The IGA was executed while the Districts were operating under the initial Service Plan, which imposed a debt cap of twenty million dollars ($20,000,000). The Town subsequently amended the Service Plan in order to raise the debt cap to forty million dollars ($40,000,000). The Town approved the Amended Service Plan in April, 2007. The IGA was not revised when the Town approved the Amended Service Plan and needs to be modified to reflect the terms of the Amended Service Plan and the appropriate debt. STAFF RECOMMENDATION: Approve, approve with amendments, or deny first reading of Resolution No. 5, Series of 2008. 10. ITEM/TOPIC: Adjournment. (8:30 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, MARCH 18, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL ANNUAL COMMUNITY MEETING AGENDA DONOVAN PAVILION 1600 SOUTH FRONTAGE RD. VAIL, COLORADO 81657 5:00 P.M., TUESDAY, MARCH 11, 2008 5:00 p.m Open House / Informational Displays / Appetizers & Beverages. 6:00 p.m. Welcome/comments from the Mayor and introduction of Council Members and staff. 6:10 p.m. John Garnsey & Chris Jarnot / Vail Resorts Update. 6:20 p.m. Citizen Q&A with Council & Staff. 6:40 p.m. Open House / Informational Displays. 7:00 p.m. Meeting Concludes. 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 18, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MARCH 18, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Recognition of former Council Members Greg Moffet and Kent Logan. (15 min.) 3. ITEM/TOPIC: Battle Mountain High School Hockey and ProStart Teams Recognition. (10 min.) 4. ITEM/TOPIC: Town Manager's Report. (10 min.) • 1-70 Overlay Project Update. 5. Mark Masinter ITEM/TOPIC: LionsHead Parking Structure and Conference Stan Zemler Center Update. (45 min.) ACTION REQUESTED OF COUNCIL: Listen to developer's update on the LionsHead Parking Structure project plan including proposed changes in the conference center space and status of the deed restriction held by Vail Resorts. BACKGROUND RATIONALE: The LionsHead Parking Structure Development Improvement Agreement between the Town of Vail and Open/Hillwood calls for the following actions: o By February 13, 2008, revised Conference Center proposal to be submitted. o By March 15, 2008, project plan including schematic, architectural, internal and external layouts of the project to be submitted for approval by the Council. o Project plan submittal deadline above may be extended by either party to no later than September 15, 2008. Mark Masinter of Open/Hillwood will present revisions to the conference center and an update on the project plan, including the status of the deed restriction held by Vail Resorts. STAFF RECOMMENDATION: If Council is satisfied with the direction of the conference center proposal and the project plan, direct Mr. Masinter to return at a specified date with a formalized project plan for Council approval. 6. Mark Masinter ITEM/TOPIC: Timber Ridge Redevelopment Proposal. (60 min.) Jeff Courtwright Stan Zemler On January 1, 2008, the Vail Town Council reviewed four proposals for redevelopment of Timber Ridge presented by Lincoln Property Southwest. The Vail Town Council directed staff and Lincoln Property to work on and draft a sales and development agreement reflecting the terms outlined in Option 1: Assumptions 316 units / 1,264 beds $13,530,000 Land Allocation (6.2 acres) $2,280 rent CONSTRUCTION COST: $98,568,000 On March 4, 2008, the Town Council was updated regarding the assumptions in the proposal by the Open/Lincoln team. The assumptions were updated to reflect additional information, which included an increased cost of construction (approximately $107,000,000) that results in a rental rate increase. Lincoln Property will be providing a revised proposal to the Town Council on March 18, 2008, and will further clarify its position on several key issues. ACTION REQUESTED OF COUNCIL: Listen to the revised Open/Lincoln proposal and provide direction to staff on how to proceed. If the Town Council chooses to continue negotiating with the Open/Lincoln team, staff believes clear direction surrounding the following items is necessary: 1. Ownership Structure/Upside Participation 2. Earnest Money 3. Feasibility Period 4. Assignability of any Deed Restriction 5. Construction Guarantee(s) 6. Applicability of Use Tax 7. Public Improvements 8. Rent Control Index 9. Land Lease vs. Sale of Property 10. Construction Phasing 11. Issues Regarding Remaining Town Parcel (access, financing, use) 12. 25% Non Deed Restricted (sale, lease) BACKGROUND RATIONALE: The Town of Vail acquired Timber Ridge in 2003 and permanently deed restricted the property with the requirement to maintain 600 affordable rental beds. It is the intention of the Town to enter into an agreement with Lincoln Property Company Southwest to purchase and redevelop the subject property. STAFF RECOMMENDATION: Provide staff with direction to work on and draft a sales and development agreement or to terminate the negotiations with the Open/Lincoln team and bring back a recommendation on how to further proceed with a disposition of the Timber Ridge Property. 7. Tom Kassmel ITEM/TOPIC: Eagle River Water and Sanitation District/ Town of Vail Joint Project IGA. (10 min.) ACTION REQUESTED OF COUNCIL: Direct Town Staff to enter into an Inter Governmental Agreement between the ERWSD and the Town of Vail once construction bids have been reviewed and a contractor has been selected by ERWSD. BACKGROUND RATIONALE: ERWSD is replacing the water and sewer lines in Beaver Dam Road and Beaver Dam Circle this year. The Town of Vail needs to complete budgeted drainage and road improvements along Beaver Dam Road and Beaver Dam Circle. It is in the best interest of both the town and ERWSD to complete the projects simultaneously using one contractor. The town and ERWSD have been working on the construction drawings for these projects and plan to open public bids on March 26th. It is in both agencies' best interest to have ERWSD hold the contract with the selected contractor and complete all of the improvements and have the Town of Vail reimburse ERWSD for the town's drainage and roadway improvements. This project has been budgeted within the Capital Street Maintenance Budget. STAFF RECOMMENDATION: Direct staff to draft and review an IGA between ERWSD and the Town, in a form approved by the Town Attorney, for the reimbursement of construction costs for Town improvements completed by ERWSD's contractor, and return to council with a copy of the IGA and total reimbursement costs once the contractor has been selected and actual bid costs are known. 8. Scot Hunn ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's and the Town of Vail Design Review Board's respective approvals of a major exterior alteration application, based upon Section 12-713-7, Exterior Alterations or Modifications, and Chapter 11, Design Review, Vail Town Code, to allow for a remodel and addition to the existing Rucksack Condominiums Building and Scott Building (aka the "Bridge Street Building"), located at 288 Bridge Street, part of Lot C and Lot D, Vail Village Filing 1, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: According to written requests from the Appellant and the attorney representing the Bridge Street Building, LLC., (developer), Staff requests the Council table the public hearing to consider the above referenced appeal to their regular meeting of April 1, 2008, in order to allow the two parties to work towards a mutually agreed upon resolution of design related issues being appealed. BACKGROUND RATIONALE: On January 14, 2008, the Planning and Environmental Commission approved, with conditions, an application (PEC07-0076) for a major exterior alteration, pursuant to Section 12-713-7, Vail Town Code. On January 16, 2008, the Design Review Board approved, with conditions, an application (DRB07-0709) for a major exterior alteration, pursuant to Section 12-11, Design Review, Vail Town Code. On February 4, 2008, the Town of Vail Community Development Department received an appeal with regard to the Commission's approval. On February 5, 2008, the Town of Vail Community Development Department received an appeal with regard to the Design Review Board's approval. On March 4, 2008, the Council voted unanimously to table the public hearing to consider the aforementioned appeal to their regularly scheduled meeting of March 18, 2008. The applicant has submitted a subsequent request to table the hearing once more, to the Council's regular meeting date of April 1, 2008. 9. Scot Hunn ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone site). (5 min.) ACTION REQUESTED OF COUNCIL: According to written requests from the applicant, LO Westhaven, Inc., Staff requests the Council table the public hearing to consider first reading of Ordinance No. 5, Series of 2008, to their regular meeting of April 1, 2008. BACKGROUND RATIONALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) On February 19, 2008, the Vail Town Council held a public hearing to consider Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, on first reading. At that meeting, the Council voted unanimously to table the public hearing to their regularly scheduled meeting of March 18, 2008. The applicant has submitted a subsequent request to table the hearing once more, to the Council's regular meeting date of April 1, 2008. 10. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2008, on second reading. BACKGROUND RATIONALE: On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations are scheduled to expire on April 1, 2008. On February 25, 2008, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval for text amendments to extend the approval of the Commercial Core Construction regulations until April 1, 2010. On March 4, 2008, the Town Council approved Ordinance No. 4, Series of 2008, on first reading by a vote of 6-0-0. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 4, Series of 2008, on second reading. 11. ITEM/TOPIC: Adjournment. (8:55 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, APRIL 1, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, APRIL 1, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (20 min.) 2. ITEM/TOPIC: Town Manager's Report. (10 min.) 3. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 03.04.08 and 03.18.08 minutes. 4. Pam Brandmeyer 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. (10 min.) ACTION REQUESTED OF COUNCIL: 1) Appoint two applicants to the B&FCAB for a term of five years (through March 31, 2013); two to the regular board (there is no applicant for the alternate position). 2) Appoint four applicants to the PEC for a term of two years each (through March 31, 2010). 3) Appoint three applicants to the DRB for a term of two years each (through March 31, 2010). 4) Appoint three applicants to the AIPP for a term of three years each (through March 31, 2011) Note: There were only three applicants for four open seats on the AIPP board). BACKGROUND RATIONALE: There are currently three vacancies for the B&FCAB (two regular board member and one alternate), four vacancies for PEC, three vacancies for DRB and four vacancies for AIPP. The Town received two,(2) applications for the B&FCAB; five (5) applications for the PEC; three (3) applications for the DRB vacancies and three (3) applications for the AIPP (leaving one open position). 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 two applicants to the B&FCAB, four applicants to the PEC; three applicants to the DRB and three applicants to the AIPP at the evening meeting. The applicants are as follows: PEC: DRB: Anne Gunion* Michael Dantas* Roland Kjesbo* Peter Dunning* William Pierce* Elizabeth Plante* Sarah Robinson Paladino Susie Tjossem* AIPP: B&FCAB: Cookie Flaum Kathy Langenwalter* Susan Frampton* Rich Seth* James Poppell (Rich was an Alternate) 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 two members to the B&FCAB to five year terms; four members to the PEC for two- year terms each; three members to the DRB for two-year terms each; and three members to the AIPP for three-year terms each. 5. Kathleen Halloran ITEM/TOPIC: First Reading of Ordinance No. 7, Series of 2008, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real estate Transfer tax Fund, Heavy Equipment fund, and Dispatch Services Fund of the 2008 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 1St supplemental of 2008, Ordinance No. 7, Series of 2008. An ordinance making supplemental appropriations to the Town of Vail 2008 budget, in preparation for approving the first 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. 7, Series of 2008, upon first reading this evening. 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 variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (45 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the variance application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On February 25, 2008, the Planning and Environmental Commission approved, with conditions, a variance request from Section 12-6C-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. The Vail Town Council "called-up" this Planning and Environmental Commission's action at its March 4, 2008, public hearing by a vote of 7-0-0. STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's decision. 7. ITEM/TOPIC: Adjournment. (7:40 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, APRIL 15, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL (REVISED) EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, APRIL 15, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (20 min.) • Skate Park Update. Staff went to Minturn early last week to check out the skate park storage area, where the season's snowfall is quite evident. The skate park equipment and surrounding lot is buried. Therefore, staff has rescheduled the skate park set up by approximately 2 weeks. The current schedule follows: r May 12 Begin loading/hauling from Minturn to LionsHead May 14 Hazard County Construction arrives to begin reassembly and Priority I modifications r May 30 Installation complete - skate park open • Annual Clean Up Day has been changed from May 3 to May 10. • Forest Health Update. 3. Pam Brandmeyer ITEM/TOPIC: Appointments to the Vail Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) boards. (5 min.) ACTION REQUESTED OF COUNCIL: 1) Please interview the Local Licensing Authority (LLA) applicants to fill two (2)vacancies at the work session and appoint two people to the LLA board at the evening meeting (two year terms, expire May 31, 2010); and 2) Please interview the Vail Local Housing Authority (VLHA) applicant at the work session and appoint one applicant to the VLHA (term expires May 31, 2013) at the evening meeting BACKGROUND RATIONALE: LLA: All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. There are currently two vacancies on the LLA. The Town received two (2) applications for the vacancy. The Council needs to interview the applicants at the work session and then make the appointments to the LLA at the evening meeting. The applicants are: Kaye Ferry* Bob McKown* *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 one of the following areas is also desirable: Financing of Large Projects, Development, Construction/Construction Management, Planning, Design, or Legal. The Town received one application. The applicant is: Kim Newbury* *Incumbent board member RECOMMENDATION: Appoint two people to the LLA, and appoint one person to the VLHA. 4. George Ruther ITEM/TOPIC: A presentation of possible next steps to be considered for the redevelopment of the Timber Ridge Village Apartments. (20 min.) ACTION REQUESTED OF COUNCIL: Engage in a discussion with town staff and the Timber Ridge Affordable Housing Corporation Board regarding possible next steps in the redevelopment of the Timber Ridge Village Apartments and inform staff on how the Town Council wishes to proceed with the redevelopment efforts. BACKGROUND RATIONALE: On March 18, 2008, the Vail Town Council concluded negotiations with Open/Hillwood and Lincoln Properties Southwest with regarding to a proposed plan to redevelopment the Timber Ridge Village Apartments. In concluding the negotiations, the Town Council instructed staff to return to the April 15, 2008 Vail Town Council meeting with a series of options or alternatives that the Town Council could consider in determining the next steps in the redevelopment of the Timber Ridge Village Apartments. 5. Nina Timm ITEM/TOPIC: Resolution No. 6, Series of 2008, Establishing the 2008 Employee Housing Fee-in-Lieu. (15 min.) BACKGROUND: On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code. In accordance with Sections 12-23-5 and 12-24-6, the fee-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 6, Series of 2008. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Resolution 6, Series of 2008. 6. Judy Camp ITEM/TOPIC: Incremental Revenue from Property Tax. (30 min.) ACTION REQUESTED OF COUNCIL: Listen to public input and discuss options for the use of incremental property tax collections expected in 2008. BACKGROUND RATIONALE: Staff expects property tax collections in 2008 to exceed the amount budgeted by $450,000 to $600,000. The attached memo provides background information, evaluation of options, and staff recommendation for potential use of the incremental revenue. STAFF RECOMMENDATION: Staff recommends depositing the incremental property tax revenue into the General Fund along with all other property tax as is our standard practice. The impact of this action will be to increase the fund balance (reserves) in the general fund at a time of uncertainty in the US economy and the real estate market. The annual budget process provides an opportunity to reassess the need to use fund balance in the event of any future reductions in property tax or other revenue sources. 7. Scot Hunn ITEM/TOPIC: A request to review a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site, located at 1276 Westhaven Drive. (PEC070055) (45 min.) A request for tabling of first reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site, located at 1276 Westhaven Drive. ACTION REQUESTED OF COUNCIL: According to written requests from the applicant, LO Westhaven, Inc., Staff requests the Council table the public hearing to consider first reading of Ordinance No. 5, Series of 2008, to their regular meeting of May 6, 2008. BACKGROUND RATIONALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) 8. Nicole Peterson ITEM/TOPIC: First reading of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for the construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2008, on first reading. BACKGROUND RATIONALE: On March 24, 2008, the Town of Vail Planning and Environmental Commission recommended approval of the request. The proposed additions will expand the floor area of the existing Chap's Restaurant by 1,405 square feet and the existing library by 486 square feet, for a total of 1,891 square feet of additional enclosed space. In addition, this request includes an expansion of the Chap's Restaurant deck by 183 square feet and the addition of a staircase from the existing deck to the ground level patio and pool. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 10, Series of 2008, on first reading. 9. Leslie Fordham ITEM/TOPIC: The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 8, Series of 2008, an Ordinance to enact prescribed regulation amendments to Title 12, Vail Town Code, to establish requirements and procedures for public art in development projects, 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. 8, Series of 2008, on first reading. RECOMMENDATION: Staff recommends the Vail Town Council approve Ordinance No. 8, Series of 2008, on first reading. 10. Warren Campbell ITEM/TOPIC: Resolution 9, Series of 2008, a resolution to amend Chapter 4, Recommendations - Overall Study Area and Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend those elements of the Master Plan referencing the North Day Lot recommendations and requirements to facilitate the redevelopment of the site with an employee housing project, transportation center, and future development site, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (60 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 9, Series of 2008. BACKGROUND RATIONALE: On April 14, 2008, the Planning and Environmental Commission forwarded a recommendation, to the Vail Town Council for amendments outlined in Resolution 9, Series of 2008. The purpose of the amendment would establish the basis by which the North Day Lot could be redeveloped with an employee housing project, transportation center, and future development site. PEC RECOMMENDATION: The PEC recommends the Vail Town Council Resolution 9, Series of 2008 (Heard by PEC on 04.14.08). 11. Greg Hall ITEM/TOPIC: Resolution No. 10, Series 2008, a Resolution Matt Mire Approving the Intergovernmental Agreement and a Lease Between the Town of Vail, Colorado and the Colorado Department of Transportation Regarding Sediment Control Storage Areas on the North Side of Interstate 70 at Approximately M.P. 178-179; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve the draft IGA, and authorize the Town Manager to sign and enter into the IGA with CDOT in a form approved by the Town Attorney. BACKGROUND RATIONALE: The Town of Vail and CDOT are working towards expanding the sand storage berm in East Vail along the north side of 1-70, along Tract A of the VV 13th filing (Bald Mountain Area). In order to complete the work, an Intergovernmental Agreement between the Town and CDOT must be signed. The work will be completed in two phases over the next 5 to 10 years. CDOT will be responsible for the construction of the East phase that is within the CDOT ROW and Tract A; and the Town and CDOT will be jointly responsible for the West phase that is within CDOT ROW, Tract A, and an existing easement granted by the Bald Mountain Townhome Association to the Town. The purpose of the Berm is for Sand storage and it will provide aesthetic and noise mitigation to the surrounding neighbors. STAFF RECOMMENDATION: Approve the draft IGA, and direct the Town Manager to sign and enter into the IGA with CDOT in a form approved by the Town Attorney. 12. Greg Hall ITEM/TOPIC: Resolution No. 12, Series 2008, a Resolution Matt Mire Amending the Town of Vail Public Way Permit Fee Schedule. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 12, Series of 2008. BACKGROUND RATIONALE: On April 4, 2006, the Council adopted Resolution No. 5, Series 2006 changing the Public Way Permit Fee Schedule from a flat fee to a rate schedule which is relative to the impact of the street cut or use of the Public Way and which may be amended from time to time by resolution. The proposed amended Public Way Fee Schedule provides a Core Area Heated Streetscape fee and raises the application fee from $50 to $100. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 12, Series of 2008. 13. Kathleen Halloran ITEM/TOPIC: Second Reading of Ordinance No. 7, Series of 2008, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real estate Transfer tax Fund, Heavy Equipment fund, and Dispatch Services Fund of the 2008 Budget for the Town of Vail Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of Ordinance No. 7, Series of 2008. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 7, Series of 2008, upon second reading. 14. ITEM/TOPIC: Adjournment. (10:35 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, MAY 6, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MAY 6, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (10 min.) 3. 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, MAY 20, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MAY 6, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Consent Agenda. a. Approval of 04.01.08 and 04.15.08 Town Council Minutes. 3. ITEM/TOPIC: Town Manager's Report. (10 min.) Revenue Update. r Chamonix Planning Update. r Colorado Stage International Cycle Classic. 4. ITEM/TOPIC: Vail Resorts Frontage Road Parking Contingency Plan. (30 min.) 5. ITEM/TOPIC: North Day Lot Discussion. (60 min.) 6. ITEM/TOPIC: Park City Peer Resort Visit Outcomes. (20 min.) 7. Suzanne ITEM/TOPIC: DRB Appeal / Information Kiosk. (20 min.) Silverthorn 8. Tom Kassmel ITEM/TOPIC: Annual Asphalt Overlay Bid Opening. (10 min.) 9. Bill Gibson ITEM/TOPIC: A proposed addition to the Town's Official Avalanche Hazard Map at 4768 Meadow Drive/Lot 1, Block 7, Bighorn 5th Addition. (15 min.) ACTION REQUESTED OF COUNCIL: Pursuant to Sub-section 12-21-13-H, Additions to Maps, Vail Town Code: "If the applicant establishes at the hearing by clear and convincing evidence that the information contained in the site specific geologic investigation is reliable, the town council shall direct the Department of Community Development to keep a copy of said site specific investigation on file in the Department of Community Development and available to the general public and shall further direct the department of community development to notate the appropriate official map adopted by this chapter so that it indicates that said site specific investigation is on file with the Department of Community Development." BACKGROUND RATIONALE: The applicant, Larry Deckard, representing the property owner, has submitted a site specific avalanche hazard study for the subject property. The submitted study recommends amending the delineation of the avalanche hazards on the subject site. STAFF RECOMMENDATION: Direct the Department of Community Development to keep a copy of said site specific investigation on file in the Department of Community Development and available to the general public and direct the Department of Community Development to notate the Official Avalanche Hazard Map to indicate that said site specific investigation is on file with the Department of Community Development. 10. George Ruther ITEM/TOPIC: First Reading of Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-13, Employee Housing, 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. (30 min.) 11. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. 11, Series of 2008 / Rachel Friede SOB's. (10 min.) 12. Leslie Fordham ITEM/TOPIC: Second Reading of Ordinance No. 8, Series of 2008.The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 8, Series of 2008, an Ordinance to enact prescribed regulation amendments to Title 12, Vail Town Code, to establish requirements and procedures for public art in development projects, and setting forth details in regard thereto. (10 min.) 13. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for the construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) (30 min.) 14. Tom Kassmel ITEM/TOPIC: Res. ERW&SD IGA re: Beaver Dam Road. (10 min.) 15. 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, MAY 20, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MAY 6, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (10 min.) 3. Scot Hunn ITEM/TOPIC: First Reading of Ordinance No. 5, Series of 2008. A request to review a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site, located at 1276 Westhaven Drive. (PEC070055) (45 min.) 4. 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, JUNE 3, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, JUNE 3, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Michael Jenkins ITEM/TOPIC: Presentation of 2007 audit report. (20 min.) ACTION REQUESTED OF COUNCIL: The 2007 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 2007 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. STAFF RECOMMENDATION: None. 3. Ann Kurronen ITEM/TOPIC: Betty Ford Alpine Gardens Update. (10 min.) 4. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) r- Revenue Update. Vail Child Care Center Re-Allocation It has come to staff's attention that the Vail Child Care Center failed to request a roll forward from '07 to '08 of a Council contribution approved $10,000 grant to improve the playground. The work, originally scheduled in '07, had to be delayed due to concrete work on the roof of the City Market Building. This project has a similar grant from Eagle County and the work is now scheduled to begin in June '08. The Vail Child Care Center is requesting the Council direct staff to place this item on the June 17th evening meeting for Council consideration. At this meeting, Council could then direct staff to place this item in the second supplemental appropriation, due to be read by ordinance in August of '08. 5. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 05.06.08 and 05.20.08 Town Council Minutes 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's denial of a Design Review application, submitted according to Chapter 11, Design Review, Vail Town Code, to allow for installation of an information kiosk, located on Tract B-C, Vail Village Filing 1 (On Bridge Street, north of the Covered Bridge, across East Meadow Drive from the Vail Transportation Center, near the skier statue), and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the appeal. BACKGROUND RATIONALE: On May 7, 2008 the Design Review Board denied the Design Review application to allow for installation of an information kiosk. The Board denied the request with the finding that the design of the kiosk did not meet the intent of Section 14-10-5A, Building Materials and Design, Vail Town Code. In particular that the synthetic roof material proposed did not comply with Section 14-10-5.A, criteria numbers 1-3, Vail Town Code. RECOMMENDATION: The Design Review Board recommends the Town Council uphold the Design Review Board's decision to deny the kiosk design. 7. Leslie Fordham ITEM/TOPIC: 2009 Triumph Winterfest Artist Selection. (10 min.) ACTION REQUESTED OF COUNCIL: Approve use of private funds for 2009 Triumph Winterfest. BACKGROUND RATIONALE: Using funds from Triumph Development and other sponsors, Art in Public Places held an ice sculpture event in January, 2008. Seventeen ice sculptures, lit internally with LED's were placed on Gore Creek Promenade where they delighted all who saw them. AIPP has selected artist Lawrence Argent to once again design ice sculptures for the 2009 event. The artist is requesting a design fee of $5,000 which includes taking responsibility for the artistic concept, site visits to determine placement and being on site to assist. The AIPP Board has determined that the total budget for the 2009 Triumph Winterfest, including artwork, installation, lighting and publicity will not exceed $40,000. Funding for the project comes from Triumph Development. Art in Public Places Recommendation: AIPP Board members believe that Triumph Winterfest makes a significant contribution to the Town of Vail, provides entertainment and stimulates cultural and economic vitality. Lawrence Argent, a nationally known artist will create ice sculptures that will contribute significantly to Vail's reputation as a world class resort. 8. Warren Campbell ITEM/TOPIC: The applicant, LionsHead Inn LLC, represented by the Mauriello Planning Group, is requesting permission to proceed through the development review process with a proposal to make improvements on town-owned right-of-way in conjunction with a proposed redevelopment of the LionsHead Inn and LionsHead Inn Annex (Fabulous Vail Glo). (30 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 an amended major exterior alteration application and design review application to make improvements on town-owned West LionsHead Circle right-of-way, in conjunction with the approved LionsHead Inn and LionsHead Inn Annex redevelopment known as Strata. The proposed improvement is a vehicle pull-off area that could accommodate two vehicles. 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. 9. George Ruther ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone site). (5 min.) ACTION REQUESTED OF COUNCIL: According to written requests from the applicant, LO Westhaven, Inc., Staff requests the Council table the public hearing to consider first reading of Ordinance No. 5, Series of 2008, to their regular meeting of July 1, 2008. BACKGROUND RATIONALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) On February 19, 2008, the Vail Town Council held a public hearing to consider Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, on first reading. At that meeting, the Council voted unanimously to table the public hearing to their regularly scheduled meeting of March 18, 2008. The applicant has submitted a subsequent request to table the hearing, most recently to the Council's regular meeting date of July 1, 2008. 10. George Ruther ITEM/TOPIC: ITEM/TOPIC: First reading of Ordinance No. 9, Series of 2008, an ordinance amending Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: The applicants are requesting that the Town Council tables the first reading of Ordinance No. 9, Series of 2008, to its July 1, 2008, public hearing to allow the applicants additional time to resolve issues related to the condominium association's approval of this request. BACKGROUND RATIONALE: On April 28, 2008, the Planning and Environmental Commission voted 4-0-2 (Kjesbo and Viele recused) to forward a recommendation of approval, with conditions, for a major amendment to Special Development District No. 6, Vail Village Inn, to allow for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. On May 20, 2008, the Town Council tabled this item to it June 3, 2008, hearing at the applicants' request. STAFF RECOMMENDATION: Staff recommends the Town Council tables the first reading of Ordinance No. 9, Series of 2008, to its July 1, 2008, public hearing. 11. Matt Mire ITEM/TOPIC: Ordinance No. 14, Series of 2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by the Addition of the Definition of the Word "Publication"; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2008, upon first reading. BACKGROUND RATIONALE: Section 4.10 of the Town Charter requires publication of ordinances upon their introduction and adoption. The Charter does not define what is required by "publication". In 2007, the Town spent $19,693 for publication of its ordinances in the Vail Daily, requiring the Town Clerk to increase the office advertising budget during the third supplemental appropriation by an additional $12,000. In 2008, the Town has spent $8,106 to date to meet its legal requirement for publication of these notices. Nationwide, studies have shown that 73% of households have a computer in their home or have access to a computer at work or at their local libraries. This percentage increases in locations such as Vail where citizens have a higher education rate than the national average. An estimated 70 percent of properties in Vail are owned by part-time residents. By publishing the Town's ordinances on its Web site (vailgov.com) not only will all property owners have direct access to the ordinances it is also more fiscally and environmentally responsible. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 14, Series of 2008, upon first reading. 12. Matt Mire ITEM/TOPIC: Ordinance No. 13, Series of 2008, an Ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 13, Series of 2008, upon second reading. BACKGROUND RATIONALE: On May 12, 2008, the Planning and Environmental Commission voted unanimously to recommend approval of the proposed text amendments to the Vail Town Council. On May 20, 2008, the Vail Town Council unanimously approved Ordinance No. 13, Series of 2008, upon first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 13, Series of 2008, on second reading. 13. 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, JUNE 17, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, JUNE 17, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (15 min.) • Update on the Chamonix Site Master Plan process 3. Kathleen Halloran ITEM/TOPIC: Decision of Council Out of Cycle Contribution Requests for 2008. (10 min.) ACTION REQUESTED OF COUNCIL: Decide on contributions to be included in the next supplemental for the 2008 Budget. BACKGROUND RATIONALE: To be provided in separate memo. STAFF RECOMMENDATION: To be provided in separate memo. 4. Matt Mire ITEM/TOPIC: ITEM/TOPIC: Second reading of Ordinance No. 14, Series of 2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by the Addition of the Definition of the Word "Publication"; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Discuss the issues raised in the memorandum and provide direction. BACKGROUND RATIONALE: Section 4.10 of the Town Charter requires publication of ordinances upon their introduction and adoption. The Charter does not define what is required by "publication". In 2007, the Town spent $19,693 for publication of its ordinances in the Vail Daily, requiring the Town Clerk to increase the office advertising budget during the third supplemental appropriation by an additional $12,000. In 2008, the Town has spent $6,205 to date to meet its legal requirement for publication of these notices. Nationwide, studies have shown that 73% of households have a computer in their home or have access to a computer at work or at their local libraries. This percentage increases in locations such as Vail where citizens have a higher education rate than the national average. An estimated 70 percent of properties in Vail are owned by part-time residents. By publishing the Town's ordinances on its Web site (vailgov.com) not only will all property owners have direct access to the ordinances it is also more fiscally and environmentally responsible. STAFF RECOMMENDATION: Discuss the issues raised in the memorandum and provide direction. 5. ITEM/TOPIC: Adjournment. (6:45 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, JULY 1, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, JULY 1, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (50 min.) r Summer Parking Update. Response to audit report. Revenue Update. r CDOT Incident Management Plan. 3. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 06.03.07 and 06.17.08 minutes. 4. ITEM/TOPIC: Betty Ford Alpine Gardens Out-of-Cycle Contribution Request. (10 min.) ACTION REQUESTED OF COUNCIL: Consider additional information regarding Betty Ford Alpine Gardens' request for supplemental funding for 2008. BACKGROUND RATIONALE: At the June 17th meeting, Council requested additional information from Betty Ford Alpine Gardens concerning their request for funding to replace three bridges in the garden. This agenda item and the attached memo are in response the request for information. STAFF RECOMMENDATION: As discussed in more detail in the attached memo, staff recommends funding up to $20,000 from the Real Estate Transfer Tax Fund to replace the two smaller bridges in 2008. 5. ITEM/TOPIC: Emergency Generator Bid. (10 min.) Staff is asking for approval to award the bid for the Emergency Generator Project to JL Veile Construction. The Town received four bids and Veile Construction was the low bid at $179,660. The project is budgeted at $175,000 in capital projects, we will need additional funding from the 911 Authority Board which authorized $25,000, and the Fire Chiefs which endorsed the use of $50,000 from the Dispatch Fund Balance, for a total project budget of $250,000. The budget line items are: r Viele Bid $179,660 r Arch/Engineer $17,500 (so far) r Generator $33,500 r Contingency $19,340 r Grand Total $250,000 Bringing the municipal/Police Department building emergency lighting up to code was an unforeseen cost when the budget was originally put together. Staff also needs contingency money as there may be unforeseen items come up as the project gets underway. 6. ITEM/TOPIC: 2008/09 Parking Task Force Recommendations. (30 min.) Please see attached memorandum. 7. Scot Hunn ITEM/TOPIC: A request for first reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) (40 min.) ACTION REQUESTED OF COUNCIL: First Reading of Ordinance No. 5, Series of 2008: Staff recommends the Council approves, on first reading, Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. BACKGROUND RATIONALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) On February 19, 2008, the Vail Town Council held a public hearing to consider Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, on first reading. At that meeting, the Council voted unanimously to table the public hearing to their regularly scheduled meeting of March 18, 2008, citing concerns over the proposed amendments to the SDD, building height, public benefits, parking and employee housing mitigation. The applicant has submitted subsequent requests to table the hearing to the Council's regularly scheduled meeting dates of April 1, May 20, and July 1, 2008, to properly respond to the Council's previously stated concerns and to work with Staff to fully analyze previous amending ordinances for SDD No. 4 prior to returning to the Town Council for further consideration of the development plans and first reading of Ordinance No. 5, Series of 2008. 8. Bill Gibson ITEM/TOPIC: Ordinance No. 12, Series of 2008, an ordinance amending Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103). (30 min.) ACTION REQUESTED OF COUNCIL: Approved, approve with modifications, or deny Ordinance No. 12, Series of 2008, on first reading. BACKGROUND RATIONALE: On June 23, 2008, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval for the prescribed text amendments of Ordinance No. 12, Series of 2008. The purpose of the proposed amendments is to streamline the Town development review process, while achieving the same development outcomes. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 12, Series of 2008, on first reading. 9. 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, JULY 15, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 7:15 P.M., TUESDAY, JULY 15, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (30 min.) Summer Parking Strategies Update. Forest Health Update. (Please see memo.) r East Meadow Drive Entry Feature. (Please see memo.) North Day Lot Update. 3. George Ruther ITEM/TOPIC: A presentation of the "Project Plan" for the LionsHead Parking Structure Redevelopment Project. (60 min.) ACTION REQUESTED OF COUNCIL: If the Vail Town Council supports the Project Plan as proposed, instruct staff to prepare a resolution adopting the Project Plan and amending various sections of the Development Improvement Agreement and return to the Vail Town Council meeting on August 5, 2008 for consideration of the resolution and amended Development Improvement Agreement. BACKGROUND RATIONALE: On October 16, 2007, the Town of Vail and OHP, Vail One, LLC, caused a Development Improvement Agreement to be executed to facilitate the potential redevelopment of the LionsHead Parking Structure. Pursuant to the terms and conditions of the Agreement, in part, the developer shall be required to submit a "Project Plan" to the Vail Town Council for review and approval. The purpose of the project plan is to provide a schematic, architectural internal and external layout of the project, define the architectural uses and massing of the project, describe the vehicular and pedestrian circulation patterns for the project; including the valet parking program and loading and delivery operations, and to otherwise depict the final project design for both the Town and the developer. STAFF RECOMMENDATION: The Town Staff recommends that the Vail Town Council instructs staff to prepare a resolution adopting the Project Plan and to work with OHP, Vail One, LLC on amendments to the Development Improvement Agreement. 4. Ron Braden ITEM/TOPIC: 1-70 Fiber Optic Project. (10 min.) ACTION REQUESTED OF COUNCIL: Consider staff's request to enter into a contract for installation of fiber from mile marker (MM) 182 near East Vail to MM 177 adjacent to Public Works. BACKGROUND RATIONALE: The Colorado Department of Transportation (CDOT) is currently installing fiber from Frisco to mile marker 182. The Town of Vail has the opportunity to partner with CDOT and extend fiber capability to mile marker 177 adjacent to the Public Works campus. Additional background and benefits of this project are discussed in the attached memo. STAFF RECOMMENDATION: Authorize staff to enter into an IGA with CDOT and an agreement with their contractor, TetraTek, for up to $600,000 to extend fiber from MM 182 to MM 177. Direct staff to include this expenditure in the second supplemental appropriation of 2008. 5. Stan Hahn ITEM/TOPIC: First reading of Ordinance 15, Series of 2008, an Rachel Friede ordinance amending Section 10-1-2, Adopted Codes, Vail Town Code, in order to adopt the 2008 National Electrical Code, and Section 10-1-9, Electrical Code Amendments, Vail Town Code, in order to adopt amendments to the 2008 National Electrical Code. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 15, Series of 2008 on first reading. BACKGROUND: Every three years, the administrator of the National Electrical Code (NEC), the National Fire Protection Association (NFPA) conducts a public review process to update the NEC. This year, the NFPA adopted the 2008 NEC, which will be officially adopted by the State of Colorado on August 1, 2008. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 15, Series of 2008, on first reading. 6. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2008, an ordinance to allow for the rezoning of two unplatted parcels commonly known as the "Vail Professional Building" and "Cascade Crossing" from Arterial Business district to LionsHead Mixed Use-2 district and portions of unplatted and unzoned South Frontage Road West right-of-way to LionsHead Mixed Use-2 district, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2008, on first reading. BACKGROUND RATIONALE: On October 22, 2007, the Planning and Environmental Commission voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval for the rezoning of the properties known as Cascade Crossing, the Vail Professional Building, and portion of the South Frontage Road West right-of-way that would become a part of developable lots once the Frontage Road were relocated to parallel the interstate. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 16, Series of 2008, on first reading. 7. Scot Hunn ITEM/TOPIC: A request for second reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) (5 min.) ACTION REQUESTED OF COUNCIL: Staff recommends the Council approves, on second reading, Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. BACKGROUND RATIONALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) On July 1, 2008, the Vail Town Council held a public hearing to consider Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, on first reading. At that meeting, the Council voted 6-1 (Foley opposed) to approve, with conditions, Ordinance No. 5, Series of 2008, on first reading. 8. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 12, Series of 2008, an ordinance amending Chapter 12-16, Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses, and setting forth details in regard thereto. (PEC080103) (10 min.) ACTION REQUESTED OF COUNCIL: Approved, approve with modifications, or deny Ordinance No. 12, Series of 2008, on second reading. BACKGROUND RATIONALE: On June 23, 2008, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval for the prescribed text amendments of Ordinance No. 12, Series of 2008. The purpose of the proposed amendments is to streamline the Town development review process, while achieving the same development outcomes. At its July 1, 2008, public hearing, the Town Council approved the first reading of Ordinance No. 12, 2008, by a vote of 4-3-0 (Foley, Daly, and Hitt opposed). Since the first reading, Staff is proposing to delete the word "significantly" from proposed Section 12-16-10- B to address some of the Council Members' concerns about the first reading. STAFF RECOMMENDATION: Council approves Ordinance No reading. Staff recommends the Town 12, Series of 2008, on second 9. Matt Mire ITEM/TOPIC: Resolution No. 14, Series of 2008, a Resolution Approving an Intergovernmental Golf Course Lease Agreement with the Vail Park and Recreation District; and Setting Forth Details in Regard Thereto. (30 min.) ACTION REQUESTED OF AUTHORITY: Approve, amend or deny Resolution No. 14, Series of 2008. BACKGROUND: The Town and the Vail Park and Recreation District (the "VRD") entered into a golf course lease agreement on May 27, 1966. On March 4, 2008 Council authorized the Town Manager to enter into a Master Facilities Lease Agreement with the VRD expressly contingent upon the eventual approval of an intergovernmental lease agreement with the VRD for the Vail Golf Course. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 14, Series of 2008. 10. ITEM/TOPIC: Adjournment. (10:20 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, AUGUST 5, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, AUGUST 5, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (10 min.) Revenue Update. Disadvantaged Business Enterprise Program - The town receives federal funding for transit, therefore the town "agrees" to a goal of providing up to one percent of the town's contracted business to "disadvantaged businesses." This ensures Council is aware of the eligibility guidelines and have set that goal. This is a requirement to receive funding for the intermodel transit site. 3. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 07.01.08 and 07.15.08 Minutes. 4. Linda Hill ITEM/TOPIC: Wildlife Protection Awareness Campaign Tim Campbell Recognition. (5 min.) Ryan Millbern The Town of Vail's Wildlife Protection regulations, which require bear-proof and/or bear-resistant containers in residential and commercial areas, continue to be applauded as a model program by state wildlife officials. Compliance is estimated to be as high as 90 percent in the neighborhoods and the number of human-bear conflicts in Vail has been reduced since the regulations became effective in 2007. Now comes word the campaign used to generate the community awareness has been recognized for its creativity. Linda Hill, president of Hill & Company, which created the "Get a Nicer Can" campaign logo in collaboration with the town, will present the International Summit Creative Award to Vail Police Officer Ryan Millbern, who serves as the point of contact for the Wildlife Protection program. 5. Scot Hunn ITEM/TOPIC: An update to the Town Council on progress made in developing and reviewing three (3) site plan options, as well as to present preliminary grading and preliminary cost estimates for the Chamonix Site master plan; and to present a formal recommendation from the Chamonix Site Master Plan Advisory Committee regarding: (60 min.) 1. A preferred site plan option that best meets the planning goals and design parameters approved for the project; 2. Seeking Leadership in Energy and Environmental Design (LEED) certification; and 3. Pursuing "Off-site, Factory Built" (modular) construction. ACTION REQUESTED OF COUNCIL: Staff recommends the Town Council provide Staff and the design team with direction and feedback regarding a preferred site plan option for the Chamonix Site in relation to the approved master planning goals and design parameters for the project. Staff also requests the Town Council provide direction and feedback regarding the pursuit of Leadership in Energy and Environmental Design (LEED) certification and "Off- site, Factory Built" (modular) construction for the project. BACKGROUND RATIONALE: On March 4, 2008, the Vail Town Council re-affirmed, with modifications, the planning goals and design parameters originally adopted by the Town Council on January 22, 2008, for the Chamonix Site Master Plan project. Also at the March 4, 2008, meeting, the Town Council authorized Staff and the consultant team to proceed with conceptual design work for the Chamonix Site. On May 20, 2008, Staff presented an update to the Town Council on progress made in developing and reviewing three (3) site plan options based on comments from the Chamonix Site Master Plan Advisory Committee and Chamonix neighborhood representatives. Staff reported on the Advisory Committee and neighborhood meetings held on May 7, 2008, and received clarification from the Town Council on the unit mix and the "target market" for the anticipated `for-sale' housing to be built on the site. On July 17, 2008, the Chamonix Site Master Plan Advisory Committee held a meeting to review "final" revisions to three (3) site plan options and to forward a recommendation for a preferred option that best meets the planning goals and design parameters approved by the Town Council. As well, the Committee reviewed information regarding preliminary cost estimates and preliminary grading and engineering plans for each site plan option. Also, the Committee voted to forward a recommendation to the Town Council to pursue Leadership in Energy and Environmental Design (LEED) certification and to investigate the use of "Off-site Factory Built" (modular) construction for the project. STAFF RECOMMENDATION: Staff recommends the Town Council provide Staff and the design team with direction and feedback regarding a preferred site plan option for the Chamonix Site in relation to the approved master planning goals and design parameters for the project. Staff also recommends the Town Council authorize Staff to pursue Leadership in Energy and Environmental (LEED) certification and "Off-site, Factory Built" (modular) construction for the project. This information will be incorporated into a memorandum by Staff, to be presented to the Planning and Environmental Commission for their review and action on a final Chamonix Site Master Plan. 6. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2008, an ordinance to allow for the rezoning of two unplatted parcels commonly known as the "Vail Professional Building" and "Cascade Crossing" from Arterial Business district to LionsHead Mixed Use-2 district and portions of unplatted and unzoned South Frontage Road West right-of-way to LionsHead Mixed Use-2 district, and setting forth details in regard thereto. (5 min.) STAFF RECOMMENDATION: Table the item until September 16, 2008. 7. Rachel Friede ITEM/TOPIC: Second reading of Ordinance 15, Series of 2008, an ordinance amending Section 10-1-2, Adopted Codes, Vail Town Code, in order to adopt the 2008 National Electrical Code, and Section 10-1-9, Electrical Code Amendments, Vail Town Code, in order to adopt amendments to the 2008 National Electrical Code. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 15, Series of 2008 on second reading. BACKGROUND: Every three years, the administrator of the National Electrical Code (NEC), the National Fire Protection Association (NFPA) conducts a public review process to update the NEC. This year, the NFPA adopted the 2008 NEC, which will be officially adopted by the State of Colorado on August 1, 2008. On July 15, 2008, the Vail Town Council unanimously approved Ordinance No. 15, Series of 2008, on first reading. STAFF RECOMMENDATION: The Department of Community Development recommends that the Vail Town Council approve Ordinance No. 15, Series of 2008, on second reading. 8. Dwight Henninger ITEM/TOPIC: Resolution No. 15, Series of 2008, a Resolution Approving an Intergovernmental Agreement between the Town of Vail and Summit County Government for the Provision of Emergency Dispatch Services Staffing; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF AUTHORITY: Approve, amend or deny Resolution No. 15, Series of 2008. BACKGROUND: The Town of Vail and Summit County Government each maintain and operate radio and communication systems for the transmission and dispatching of messages relating to fire and/or police protection and other public safety services. The County is currently in need of additional emergency dispatching staff at the Summit County Communication Center. By entering into this Intergovernmental Agreement the Town may agree to assign one or more of the Town's dispatch employees to provide dispatch services for Summit County and the County will compensate the Town $37.00 per hour per dispatch employee. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 15, Series of 2008. 9. ITEM/TOPIC: Adjournment. (7:45 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, AUGUST 5, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL (REVISED) EVENING SESSION AGENDA Clerical Clarifications Have Been Made VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, AUGUST 19, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (10 min.) r- Chamonix Parking Development. 3. Bill Gibson ITEM/TOPIC: The applicants, Texi and Scotto Lowery, represented by VAg, Inc., are requesting permission to proceed through the development review process to allow private improvements on Town of Vail owned property. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the request to proceed through the development review process. BACKGROUND RATIONALE: The applicants are requesting permission to proceed through the development review process with an application to construct a second-floor deck on the north side of the Bell Tower Building, located at 207 Gore Creek Drive, which encroaches onto the Town of Vail owned Gore Creek Promenade. 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. 4. Tom Kassmel ITEM/TOPIC: West Meadow Drive Reconstruction Project. (10 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into a construction contract for the reconstruction of West Meadow Drive. BACKGROUND RATIONALE: The West Meadow Drive street reconstruction project has been in planning since 2001. The project includes street reconstruction, drainage improvements, a raised paver sidewalk on the north side and an at grade paver walk on the south side, landscape planters, replacement of the cul-de-sac planter, and new street lighting. The project is budgeted at approximately $3 million between the Capital Project and RETT Funds. Exact bids will be presented to Council on 08.19.08. The project will be completed in two phases; Phase I (Fall 2008)- Vail Rd to the west property line of Four Seasons, Phase 11 (Spring 2009)- Four Seasons West Property line to Cul- de-sac. STAFF RECOMMENDATION: Authorize the Town Manager to enter into a construction contract with the lowest responsible and qualified bidder for the reconstruction of West Meadow Drive. 5. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 18, Series of 2008, an ordinance amending Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (10 min.) The proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes (CRS). ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 18, Series of 2008, on first reading. BACKGROUND RATIONALE: On August 11, 2008, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval for prescribed regulation amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 18, Series of 2008, on first reading. 6. Matt Mire ITEM/TOPIC: Resolution Number 13, Series of 2008, A Resolution Approving the First Amendment to Development Improvement Agreement between the Town and OHP Vail One LLC Concerning the LionsHead Parking Structure; Approving the "Project Plan" Pursuant to the First Amendment to the Development Improvement Agreement; and Setting Forth Details in Regard Thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 13, Series of 2008. BACKGROUND RATIONALE: The Town of Vail (the "Town") and OHP Vail One LLC (the "Developer") entered into a Development Improvement Agreement (the "Agreement") on October 16, 2007. The Agreement sets forth the rights and obligations of the Parties with respect to the proposed mixed use development, including timeframes, deadlines and target dates for the completion of certain tasks. Pursuant to the terms of the Agreement, the "Project Plan" was required to be submitted by the developer for consideration by the Town Council by March 15, 2008. Thereafter, the Developer requested and was granted an extension of time, pursuant to Section 3.08 of the DIA, to the permitted contract date of September 15, 2008 for review of the Project Plan. By letter dated June 5, 2008, the Town notified the Developer that there were also issues concerning the Developer's compliance with deadlines set forth in the Agreement concerning the conference center proposal, as well as issues relating to the Developer's employee housing plan. On July 15, 2008, the Town Council directed Town staff to return with an amended approval process for the Project Plan submittal. In addition to establishing an amended approval process for the Project Plan, the Town and Developer also wish to resolve by amendment to the Agreement the above-referenced issues concerning the conference center and employee housing. STAFF RECOMMENDATION: Approve, approve with amendments, or deny Resolution No. 13, Series of 2008. 7. Ron Braden ITEM/TOPIC: Resolution No. 16, Series 2008, a Resolution Approving the Intergovernmental Agreement Between the Town of Vail, Colorado and the Colorado Department of Transportation Regarding a Fiber and Intelligent Transportation System Equipment Installation on Interstate 70 and Responsibilities of Both Parties; and Setting Forth Details in Regard Thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 16, Series of 2008. BACKGROUND RATIONALE: As part of the Interstate 70 (1-70) West Corridor Management Project, which was completed in 2006, CDOT deployed a fiber optic backbone communications network from Denver west through the Eisenhower Johnson Memorial Tunnels to the Frisco Exit. This completed a permanent Center-to-Center (C2C) connection between the Colorado Transportation Management Center (CTMC), which is located in Golden, and the Eisenhower Johnson Tunnel Management Center. CDOT also installed necessary computer and networking equipment to operate its fiber optic network, and to communicate with and control ITS devices such as cameras, dynamic message signs, weather stations, travel time/speed indicators, etc., from the CTMC. CDOT is currently continuing with the deployment of the fiber optic communications backbone from the Frisco exit (approximate Mile Point 199) to the west side of Vail Pass (approximate Mile Point 182). The Town's desire to upgrade local communications along a segment of 1-70 from the referenced end point on the west side of Vail Pass (approximate Mile Point 182) to the West Vail Interchange (approximate Mile Point 173) which would extend the Project an additional nine (9) miles to the west. This additional nine (9) mile segment shall be referred to in this Agreement as "the Project Extension". The actual project length of the Project Extension will be as determined by the amount of funding the Town is able to secure, however the Project Extension shall be at least to Mile Point 177. STAFF RECOMMENDATION: Approve, approve with amendments, or deny Resolution No. 16, Series of 2008. In addition, Council is requested to approve an additional $234,000 for a total project cost of $834,178 with Eagle County contributing $210,000. Total TOV contribution will be $624,000. STAFF RECOMMENDATION: Approve, approve with amendments, or deny Resolution No. 16, Series of 2008. 8. Stan Zemler ITEM/TOPIC: Resolution No. 18, Series 2008, a Resolution Approving Addendum Number 41 to the Establishment Contract for the Rocky Mountain Rail Authority in Order to Effectuate the Town of Vail's Membership Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 18, Series of 2008. BACKGROUND RATIONALE: The Rocky Mountain Rail Authority (the "RMRA") was established on November 20, 2006, for political subdivisions of the State of Colorado to define, promote and implement mass transportation services and solutions to Colorado's growing transportation infrastructure needs, and to bring focus to the development of high-speed rail in the transportation corridors of Colorado. In order to effectuate the Town's membership in the RMRA the Town must execute the attached Addendum Number 41 to the Establishment Contract for the Rocky Mountain Rail Authority, as amended by the First Amendment to Establishment Contract (the "Addendum"). 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, SEPTEMBER 2, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, SEPTEMBER 2, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Stan Zemler ITEM/TOPIC: Town Manager's Report. (20 min.) Revenue Update. r- November 4 Council Meeting Reschedule. Pursuant to Title 1, Chapter 5, Section 11, Vail Town Code, Deferment: In the event a regular meeting cannot for good reason be held by the town council on a regular meeting date, the regular meeting shall automatically be held on the next secular day at the same time and place; provided, however, that 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. Annual Community Meeting Date. r- Chamonix Parking Appeal. 3. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 08.05.08 & 08.19.08 Town Council Minutes. 4. Kelli McDonald ITEM/TOPIC: RESOLUTION NO. 17, SERIES 2008: Approval of Vail Local Marketing District's 2009 budget and operating plan. (10 min.) ACTION REQUESTED OF COUNCIL: Approve RESOLUTION No. 17, SERIES 2008, the 2009 Vail Local Marketing District budget and operating plan. BACKGROUND RATIONALE: The budget and operating plan was presented earlier to the Vail Local Marketing District (VLMD) Board for approval. Town Council is now requested to approve VLMD's 2009 operating plan and budget. STAFF RECOMMENDATION: Staff recommends that the Town Council approves RESOLUTION NO. 17, SERIES 2008. 5. Nina Timm ITEM/TOPIC: Resolution No. 20, Series of 2008. Adoption of the Town of Vail Employee Housing Strategic Plan. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 19, Series of 2008. BACKGROUND RATIONALE: To date, Town Council has provided feedback on the goal, objectives, action steps, SWOT analysis and the overall content of the document. Adopting an Employee Housing Strategic Plan was identified as a critical goal at the January 22, 2008 Town Council Retreat. STAFF RECOMMENDATION: Adopt the Employee Housing Strategic Plan by Resolution 20, Series of 2008. 6. Nicole Peterson ITEM/TOPIC: A request for final review of Resolution No. 19, Series of 2008, a Land Use Plan map amendment, pursuant to Section 8-3, Vail Land Use Plan, to allow for a change in the land use designation from Community Office to LionsHead Redevelopment Master Plan for properties known as "Cascade Crossing", "Vail Professional Building" (Future "Ever Vail"), and "Glen Lyon Office Building" located at 953, 1031 and 1000 South Frontage Road West/ Lot 54 Glen Lyon Subdivision and unplatted property (A complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the Land Use Plan map amendment. BACKGROUND RATIONALE: On August 11, 2008 the Planning and Environmental Commission voted 4-0-1 (Viele recused) to forward a recommendation of approval for the Land Use Plan map amendment, pursuant to Section 8-3, Vail Land Use Plan, to allow for a change in the land use designation from Community Office to LionsHead Redevelopment Master Plan for properties known as "Cascade Crossing", "Vail Professional Building" (Future "Ever Vail"), and "Glen Lyon Office Building" located at 953, 1031 and 1000 South Frontage Road West. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 19, Series of 2008. 7. Judy Camp ITEM/TOPIC: Refinancing existing debt via Ordinance No. 20, Series of 2008, authorizing the Issuance of Sales Tax Revenue Refunding Bonds, Series 2008. (10 min.) ACTION REQUESTED OF COUNCIL: Consider Ordinance No. 20, Series of 2008, authorizing the Issuance of Sales Tax Revenue Refunding Bonds, Series 2008 to refinance existing debt. BACKGROUND RATIONALE: The Town of Vail issued $8,760,000 of Tax-Exempt Sales Tax Revenue Refunding Bonds in 1998 to refinance certain bonds outstanding at that time. The bonds were issued with interest rates ranging from 4.25% to 4.5% and maturities through 2012. 1998A bonds maturing on or after December 1, 2009 are callable at the town's option on December 1, 2008. Federal tax law allows for "current refunding" of the bonds within 90 days of the call date. This means the town can issue new bonds at current interest rates and defease, or pay off, the existing bonds. Refunding bonds are not subject to TABOR election requirements. Piper Jaff ray and Co., the town's investment bankers, estimates a net savings in debt service payments of $188,000 over five years. The net savings is after payment of bond issuance costs and underwriter's discount and will benefit the Capital Projects Fund. STAFF RECOMMENDATION: Approve Ordinance No. 20 upon first reading this evening. 8. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 18, Series of 2008, an ordinance amending Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (5 min.) The proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes (CRS). ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 18, Series of 2008, on second reading. BACKGROUND RATIONALE: On August 11, 2008, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval for prescribed regulation amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. On September 19, 2008, the Town Council voted 6-0-0 to approve Ordinance No. 18, Series of 2008, on first reading. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 18, Series of 2008, on second reading. 9. Bill Gibson ITEM/TOPIC: The applicant, Sonnenalp Properties Inc., represented by GPSL Architects, is requesting permission to proceed through the development review process with an application that includes private improvements on Town of Vail owned property. (10 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 requesting permission to proceed through the development review process with an application to install a freestanding sign for the Sonnenalp Resort at the southeast corner of Vail Road and Meadow Drive, and to erect multiple banners adjacent to the hotel entrance located at 20 Vail Road. Both the proposed sign and banners will encroach into Town of Vail owned street right-of-ways. 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 the Vail Town Council approves the applicant's request to proceed through the development review process with an application for a new sign at the intersection of Vail Road and Meadow Drive. However, Community Development Department recommends the Town Council denies the applicant's request to erect banners in the Vail Road right-of- way. 10. Warren Campbell ITEM/TOPIC: Request for review of a proposed land and easement dedication to the Town of Vail pursuant to Section 13-3- 11, Council Acceptance of Dedications, Vail Town Code, in conjunction with the recording of an amended final plat for Manor Vail Lodge in compliance with the approved Developer Improvement Agreement entered into in conjunction with the adoption of Ordinance No. 14, Series of 2005, creating Special Development District No. 38, Manor Vail Lodge. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the plat request for accepting the proposed land and easement dedication. BACKGROUND RATIONALE: On June 21, 2005, the Town Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance 24, Series of 2004, establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. In conjunction with that approval the developer was required to provide the Town a portion of land measuring 430 square feet in the southeast portion of the site and provide an easement for the relocated Ford park pedestrian path which crosses the Manor Vail property. On August 11, 2008, the Planning and Environmental Commission approved with a condition the proposed plat by a vote of 5-0-0. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council accepts the proposed land and easement for the Ford Park pedestrian path and approves the proposed amended final plat. 11. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2008, an ordinance requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot parcel of land from High Density Multiple-Family (HDMF) District to General Use (GU) District, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2008, on first reading. BACKGROUND RATIONALE: On August 11, 2008, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 16, Series of 2008, on first reading. 12. ITEM/TOPIC: Adjournment. (8:10 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, SEPTEMBER 16, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, SEPTEMBER 16, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (15 min.) 2. ITEM/TOPIC: Commission on Special Events (CSE) Appointment. (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, 2009, to fill the term vacated by Scott Stoughton who had to resign due to other commitments which will not allow for him to attend the meetings anymore. 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 make 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 five (5) applications for the vacancy. The Council needs to interview the applicants at the work session and then appoint one applicant to the CSE at the evening meeting. The applicants are as follows: Samantha Bogash Stephen Connolly Kerry Donovan Tom Gorman David O. Williams RECOMMENDATION Appoint one member to the CSE for the balance of a term to end December 31, 2009. 3. ITEM/TOPIC: Town Manager's Report. (5 min.) 4. Greg Hall ITEM/TOPIC: Review and approve or approve with revisions the recommendations of the parking task force for the 2008-2009 winter season. (30 min.) ACTION REQUESTED OF COUNCIL: Council directed the task force to address potential impacts related to the new Epic season ski pass as well as address the overflow days this last winter in forwarding their annual recommendations to the council. BACKGROUND RATIONALE: The Town Council established the parking task force to provide direction to Council regarding parking operation policies for each year. The task force is represented by members of the Vail Town Council, Vail Resorts, the retail business community, as well as a citizen-at-large representative. STAFF RECOMMENDATION: The parking task force recommendations are provided. Staff recommends adopting the recommendations as approved by the task force. Council may also approve with modifications the recommendations of the parking task force. 5. Stan Zemler ITEM/TOPIC: Review of project plan for the North Day Lot and provide a decision to commit to the project and proceed to next steps. (1 1/2hrs) ACTION REQUESTED OF COUNCIL: Listen to the presentation and use the goals and policies of the LionsHead Master Plan, the adopted Vail Reinvestment Plan and the update on the transportation plan regarding the future needs, assessments and recommendations. Decide to commit to jointly develop the North Day Lot Transit Center in conjunction with the Vail Resorts Development Compancy (VRDC) employee housing requirements for the Arrabelle at Vail Square. Direct staff to proceed to the next steps of the project BACKGROUND RATIONALE: Council directed staff to move forward with the design of a transit center project on the North Day Lot providing for all modes on the site. Use Tax increment funds as the major method of financing the project and Refine the design. Work with the surrounding properties to mitigate impacts. r Refine the cost estimates to reflect the design and schedule revisions. Modify the Vail Resorts (VR) Arrabelle at Vail Square housing agreement to adjust the schedule as appropriate. Prepare an agreement with VRDC for Council authorizing the town's intent to move the project forward. Staff and VRDC have worked through the issues above and are now at the point to commit to VRDC we will jointly develop the North Day Lot as a transit center and housing project to meet the Arrabelle development requirements. STAFF RECOMMENDATION: Commit to jointly develop the site with VRDC and proceed to the next steps required to move the project forward which are: Proceed through the project entitlement review and approval process. r Perform the necessary environmental review of the project. Enter into a contract with the Federal Transit Administration to commit the 5309 federal transit dollars to the North Day Lot project. Agree to a cost sharing proposal for the entitlement process with the VRDC. r Prepare a formal agreement with VRDC which provides the division of the total project cost sharing, construction administration, project timing, and long term operating and capital replacement costs. Prepare an annual operating budget for the project. 6. Kathleen Halloran ITEM/TOPIC: First reading of Ordinance No. 19, Series of 2008, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, Dispatch Services Fund and Debt Service Fund of the 2008 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 first reading of Ordinance No. 19, Series of 2008. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 19, Series of 2008, upon first reading. 7. Judy Camp TOPIC: Second reading of Ordinance No. 20, Series of 2008, an ordinance authorizing the issuance of the Town of Vail, Colorado Sales Tax Revenue Refunding Bonds, Series of 2008. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 20, Series 2008, upon second reading. BACKGROUND AND RATIONALE: This ordinance authorizes the refinancing of the town's existing 1998A sales tax revenue bonds by issuance of new 2008 sales tax revenue bonds at an estimated net savings of $188,000 with no increase in the principal amount or the final maturity of bonds outstanding. The ordinance has been amended for second reading to incorporate certain language relating to the bond reserve insurance policy for all outstanding sales tax revenue bonds. STAFF RECOMMENDATION: Approve Ordinance NO. 20, Series of 2008 upon second reading. 8. George Ruther ITEM/TOPIC: Resolution No. 23, Series of 2008, a resolution updating the Vail Village Master Plan, pursuant to the process and procedures outlined in Section VIII-B, Adoption, Extensions and Amendments of the Vail Village Master Plan; and setting forth details in regards thereto. (10 min.) BACKGROUND: On January 22, 2008, the Vail Town Council instructed staff to prepare an update to the Vail Village Master Plan. The purpose of the update is to address the six major goals outlined in the master plan, acknowledge the actions steps that have been completed in keeping with the master plan, and to identify the next series of action steps needed to further implement the goals, objectives and policies of the master plan. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 23, Series of 2008. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves Resolution 23, Series of 2008. 9. 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, OCTOBER 7, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, OCTOBER 7, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Community Planning Month Proclamation. (5 min.) 3. ITEM/TOPIC: Town Manager's Report. (20 min.) Revenue Update. r 2008 Bond Issue Update. r Timber Ridge Bonds Update. r Update on Collection of Use Tax. r Chamonix Property Planning Update. 4. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 09.02.08 & 09.16.08 Minutes. 5. Pam Brandmeyer ITEM/TOPIC: Appointment to the Eagle County Open Space Advisory Council (OSAC). (5 min.) Following the resignation of Greg Moffet to the OSAC in March '08 as he was appointed to the Eagle County Planning Commission, staff has filled an interim position on OSAC. Staff is requesting Council recommend either a Councilmember or full time staff member to represent the Town of Vail on the Eagle County Open Space Advisory Council. RECOMMENDATION: Upon recommendation by the Vail Town Council, request the Board of County Commissioners (BoCC) appoint either a Councilmember or full time staff member to the OSAC. 6. Lorelei Donaldson ITEM/TOPIC: Art in Public Places (AIPP) Board Appointment. (5 min.) ACTION REQUESTED OF COUNCIL: Appoint one applicant to the AIPP to complete the term which ends March 31, 2011. BACKGROUND RATIONALE: The Board is made up of members who have demonstrated expertise in architecture, art criticism, art education, art history, fine arts, graphic arts, interior design, landscape architecture, town planning/community development or other art/design related backgrounds not specifically mentioned, or who have demonstrated a strong interest in the visual arts and/or civic improvement. Board members shall meet one of the following requirements for at least one year: a. A resident of the Town of Vail and/or b. Owner of property within the Town of Vail Duties and functions of the Art in Public Places Board include: a. Implementation of the AIPP policies and selection procedures. This specifically includes deciding the appropriate selection process for public art projects, appointing selection panels for specific projects, and approving the final selection of artist or artists for a project. b. Acquiring public art by purchase, donation or other means for Vail's permanent Art in Public Places collection. C. Overseeing the maintenance and preservation of art works displayed in public areas. d. Assisting the Art in Public Places coordinator in obtaining grants and donations to fund public art projects. e. Promoting public art through a public education program that will further community appreciation and understanding of the visual arts. f. Publicizing Art in Public Places projects and recognizing the artist(s) involved with the project. g. Evaluating the Art in Public Places program and commitment of board members annually and setting program goals on a five year basis. There is currently one vacancy for the Art in Public Places (AIPP) board. The Town received one (1) application. It is requested that the Town Council interview each applicant at the work session and then appoint one applicant to the AIPP at the evening meeting. The applicant is as follows: Steven DeWitt, Jr. RECOMMENDATION: Appoint one member to the AIPP for the balance of a term ending March 31, 2011. 7. Kent Myers ITEM/TOPIC: Regional Air Service Update. (10 min.) 8. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow a temporary business office, located at 450 East LionsHead Circle (Treetops Building)/Lot 6, Vail LionsHead Filing 1, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the variance application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On August 25, 2008, the Planning and Environmental Commission approved, with conditions, an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow a temporary business office, located at 450 East LionsHead Circle (Treetops Building)/Lot 6, Vail LionsHead Filing 1, and setting forth details in regard thereto, by a vote of 5-0-1 (Pierce recused). The Vail Town Council "called-up" this Planning and Environmental Commission's action at its September 2, 2008, public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed). STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's opinion. 9. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow for a temporary business office located at 616 West LionsHead Circle (Concert Hall Plaza Building)/Lot 1, Vail LionsHead Filing 4, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval, with conditions, of the variance application pursuant to Section 12- 3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On August 25, 2008, the Planning and Environmental Commission approved, with conditions, an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow for a temporary business office located at 616 West LionsHead Circle (Concert Hall Plaza Building)/Lot 1, Vail LionsHead Filing 4, and setting forth details in regard thereto, by a vote of 5-0-1 (Pierce recused). The Vail Town Council "called-up" this Planning and Environmental Commission's action at its September 2, 2008, public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed). STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's decision. 10. Warren Campbell ITEM/TOPIC: Request for review of an encroachment agreement for constructed improvements on Town owned property associated with the Manor Vail Lodge redevelopment. As a result of performing a survey to create a condominium plat for Manor Vail Lodge new dwelling units, it was discovered that several decks/walkways on the rear of Building C encroach on to Town property. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny the request for an encroachment agreement between the Town and Manor Vail for improvements on Town property. BACKGROUND RATIONALE: On June 21, 2005, the Town Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance No. 24, Series of 2004, establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. The purpose of Ordinance No. 24, Series of 2004, was to adopt the development plan for the redevelopment of the Manor Vail Lodge which included new dwelling units, a subterranean parking structure, new facades, and public improvements which were to serve as public benefits for the deviations from the High Density Multiple Family zone district. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council instructs staff to create and record an encroachment agreement for constructed improvements on Town property associated with the Manor Vail Lodge redevelopment in a form satisfactory to the Town Attorney. 11. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 16, Series of 2008, an ordinance requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot parcel of land from High Density Multiple-Family (HDMF) District to General Use (GU) District, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2008, on first reading. BACKGROUND RATIONALE: On August 11, 2008, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 16, Series of 2008, on first reading. 12. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (15 min.) The purpose of the proposed amendments is to clarify the Town's outdoor lighting standards and to simplify the implementation and enforcement of the Town Code. The proposed amendments are also intended to update the outdoor lighting standards to better achieve "green" (i.e. environmentally sensitive and energy efficient lighting fixtures and techniques) and "dark sky" (i.e. minimizing light pollution) policies. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2008, on first reading. BACKGROUND RATIONALE: At its August 19, 2008, public hearing, the Town Council held a work session to discuss the proposed amendments. The Council was generally supportive of the "green" and "dark sky" policies incorporated in the proposed amendments. On August 25, 2008, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval to the Town Council for the proposed amendments. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 21, Series of 2008, on first reading. 13. Kathleen Hollaran ITEM/TOPIC: Second reading of Ordinance No. 19, Series of 2008, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, Dispatch Services Fund and Debt Service Fund of the 2008 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. 19, Series of 2008. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 19, Series of 2008, upon second reading. 14. Nina Timm ITEM/TOPIC: Resolution No. 21, Series 2008, A Matt Mire Resolution Approving the Purchase of Property in the Town of Vail Legally Described as Gore Range Condominium Unit #3-W, Eagle County, Colorado with a Physical Address of 2189 Chamonix Lane, Vail Colorado; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 21, Series 2008. BACKGROUND RATIONALE: The Town of Vail enacted employee housing requirements for new development. Fee-in-lieu is one of four methods available to mitigate the requirement. To date, the Town has collected $417,000 in employee housing fee- in-lieu. Fee-in-lieu dollars are to be spent establishing new employee housing units within the Town of Vail. The Town will be using these funds to purchase Gore Range Condominiums #3-W. The Council considers it in the interest of the public health, safety and welfare to purchase property legally described as Gore Range Condominium Unit #3-W, Eagle County, Colorado with a physical address of 2189 Chamonix Lane, Vail Colorado (the "Property") for the amount of $309,000.00. 15. Nina Timm ITEM/TOPIC: Resolution No. 22, Series 2008, A Matt Mire Resolution Approving the Purchase of Property in the Town of Vail Legally Described as Gore Range Condominium Unit #2-E, Eagle County, Colorado with a Physical Address of 2189 Chamonix Lane, Vail Colorado; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 22, Series 2008. BACKGROUND RATIONALE: The Town of Vail enacted employee housing requirements for new development. Fee-in-lieu is one of four methods available to mitigate the requirement. To date, the Town has collected $417,000 in employee housing fee- in-lieu. Fee-in-lieu dollars are to be spent establishing new employee housing units within the Town of Vail. The Town will be using these funds to purchase Gore Range Condominiums #3-W. The Council considers it in the interest of the public health, safety and welfare to purchase property legally described as Gore Range Condominium Unit #2-E, Eagle County, Colorado with a physical address of 2189 Chamonix Lane, Vail Colorado (the "Property") for the amount of $290,000.00. STAFF RECOMMENDATION: Approve Resolution No. 22, Series 2008. 16. ITEM/TOPIC: Adjournment. (8:25 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, OCTOBER 21, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, OCTOBER 21, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Eagle County BOCC ITEM/TOPIC: Sustainable Communities 2010. (50 min.) BACKGROUND RATIONALE: Eagle County Commissioners and staff have begun a comprehensive initiative called Sustainable Communities 2010. This effort will provide local decision makers quantifiable "quality of life" data and information, along with suggested tools, in order to assist in decision making when developing public policy toward sustainable communities throughout Eagle County. The program is in direct support of our organizational mission statement, which is "To be the model of excellence for mountain communities by 2010." The purpose of Sustainable Communities 2010 is to first quantify resident's needs and levels of service, then recommend solutions to ensure impacts associated with growth are mitigated and adequate services provided, to meet the demands of the population. Sustainable Communities 2010 comprehensively considers the economic, social and environmental challenges that arise from growth. Perhaps the most important aspect of the initiative is the sharing of this information with towns and other community leaders, through ongoing communication and collaboration. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (15 min.) Fire Station RFP. r ADA Compliance Update. r Chamonix Master Plan Update. 4. Kristen Bertgulia ITEM/TOPIC: Vail Environmental Sustainability Plan. (20 min.) ACTION REQUESTED OF COUNCIL: Provide staff with direction on the proposed policies and goals identified in the Draft Vail Environmental Sustainability Plan. BACKGROUND RATIONALE: The Vail Town Council will be adopting an Environmental Sustainability Plan. The action steps identified in the Vail Environmental Sustainability Plan are based on achieving those goals. ACTION REQUESTED BY TOWN COUNCIL: Provide staff with direction with respect to identification and prioritization of environmental sustainability policies and goals. This will allow staff to continue developing the Environmental Sustainability Plan consistent with Town Council's expectations. It is the intention of the Town of Vail Environmental Team to work with the Town Council on the development of action steps in the next 60 days that leads to the adoption of this plan. The adopted Vail Environmental Sustainability Plan will lead the actions of staff and the Community Development Department. 5. George Ruther ITEM/TOPIC: Presentation to the Vail Town Council on the current status of the Ever Vail redevelopment, which will include the application submittals, the process, and roles and responsibilities of the Town moving forward. (20 min.) ACTION REQUESTED OF COUNCIL: There is no action requested of Council at this time. BACKGROUND RATIONALE: The redevelopment of the area known as Ever Vail is an intricate project with many applications and steps within the development review process. Staff and Vail Resorts Development Company have scheduled a presentation with the Vail Town Council in an effort to communicate the applications and review process for Ever Vail. A presentation to the Vail Town Council will include the review steps that are completed and the anticipated future steps in the review of the Ever Vail redevelopment. Furthermore it will include the roles and responsibilities of the Town Council, Planning and Environmental Commission, and Design Review Board. 6. Greg Hall ITEM/TOPIC: Update on 1-70 noise issues including noise reading Dwight Henninger results of 1-70 noise in a before and after comparison of the 1-70 overlay project. (30 min.) ACTION REQUESTED OF COUNCIL: Listen to the presentation and ask questions and provide direction. BACKGROUND RATIONALE: 1-70 noise mitigation has been a priority of numerous Town Councils. Various studies have been performed in determining the best strategies on mitigating noise in Vail. In 2005 the council adopted a multi-prong approach to mitigating noise. The four major components were: 0 Enforcement. • Education. • Engineering. • Legislation. This is an update on the progress on the various programs. The full report can be viewed at http://www.vailgov.com look at current project and issues box 1 70 noise mitigation. 7. Nicole Peterson ITEM/TOPIC: First reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing the approved development plan for Phase III of Special Development District No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2008, on first reading. BACKGROUND RATIONALE: On October 13, 2008, the Planning and Environmental Commission voted 2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to the Town Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. STAFF RECOMMENDATION: Staff recommends the Town Council denies Ordinance No. 22, Series of 2008, on first reading. 8. George Ruther ITEM/TOPIC: Site Visit. First reading of Ordinance No. 23, Series of 2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors and amend one existing view corridor in LionsHead, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 23, Series of 2008, on first reading. BACKGROUND RATIONALE: On October 13, 2008, the Planning and Environmental Commission voted 3-0-1 (Pierce abstained) to forward a recommendation of approval to adopt two new view corridors and amend one existing view corridor in LionsHead, pursuant to the recommendations outlined in Chapter 4, Recommendations-Overall Study Area, Public View Corridors, LionsHead Redevelopment Master Plan, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 23, Series of 2008, on first reading. 9. Tom Kassmel ITEM/TOPIC: An Ordinance Approving A Holy Cross Energy Utility Easement within the Town of Vail Open Space between Matterhorn Circle and Upper Matterhorn Circle. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 24, Series of 2008. BACKGROUND RATIONALE: An existing overhead electric line used to cross the middle bench open space without an easement. This year Holy Cross Energy lowered this stretch of overhead line at the request and cost of a private homeowner. Neither the existing nor the current electric lines have had a dedicated easement. Holy Cross and Town staff would like to have an easement granted to accommodate the new buried line. STAFF RECOMMENDATION: Approve, approve with amendments, or deny Ordinance No. 24, Series of 2008. 10. Warren Cambell ITEM/TOPIC: ITEM/TOPIC: Second reading of Ordinance No. 16, Series of 2008, an ordinance requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot parcel of land from High Density Multiple-Family (HDMF) District to General Use (GU) District, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2008, on second reading. BACKGROUND RATIONALE: On August 11, 2008, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. On October 7, 2008, the Town Council unanimously approved the first reading of Ordinance No. 16, Series of 2008. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 16, Series of 2008, on second reading. 11. ITEM/TOPIC: Second reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 21, Series of 2008, to the Council's November 4, 2008, public hearing. BACKGROUND RATIONALE: On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No. 21, Series of 2008, on first reading. Since the Council's October 7th hearing, Staff has discovered a 1991 District Court decision related to the Town's previous outdoor lighting regulations. The Staff is currently reviewing this court decision and evaluating if this decision has any affects on the proposed Ordinance No. 21, Series of 2008. STAFF RECOMMENDATION: Staff recommends the Town Council tables the second reading of Ordinance No. 21, Series of 2008, to the Council's November 4, 2008, public hearing; to allow Staff an opportunity to evaluate a recently discovered court decision related the Town's previous outdoor lighting standards. 12. ITEM/TOPIC: Adjournment. (9:35 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, NOVEMBER 4, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, NOVEMBER 4, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 10.07.08 and 10.21.08 Vail Town Council Minutes. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) a. Revenue Update. b. Conference Center Funds. 4. Pam Brandmeyer ITEM/TOPIC: Building & Fire Code Appeals Board (B&FCAB) vacancy appointments. (5 min.) ACTION REQUESTED OF COUNCIL: 1) Appoint three applicants to the B&FCAB (one regular member and 2 alternates) for a term from November 8, 2008 through March 31, 2012. BACKGROUND RATIONALE: There are currently three vacancies on the B&FCAB. It is requested that the Town Council interview each applicant at the work session and then appoint one regular member to the B&FCAB and two alternates to the B&FCAB at the evening meeting. The applicants are as follows: Lynn Fritzlen Rollie Kjesbo Kyle Webb I have attached possible questions to ask the applicants at the work session. RECOMMENDATION: Appoint a total of three members to the B&FCAB for terms running from November 8, 2008 through March 31, 2012 5. Tom Kassmel ITEM/TOPIC: First reading of Ordinance No. 24, Series 2008. An Ordinance Approving A Holy Cross Energy Utility Easement within the Town of Vail Open Space between Matterhorn Circle and Upper Matterhorn Circle. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 24, Series of 2008. BACKGROUND RATIONALE: An existing overhead electric line used to cross the middle bench open space without an easement. This year Holy Cross Energy lowered this stretch of overhead line at the request and cost of a private homeowner. Neither the existing nor the current electric lines have had a dedicated easement. Holy Cross and Town staff would like to have an easement granted to accommodate the new buried line. STAFF RECOMMENDATION: Approve Ordinance No. 24, Series of 2008. 6. Kathleen Halloran ITEM/TOPIC: First reading of the 2009 Budget Ordinance No. 25, Series 2008. (30 min.) ACTION REQUESTED OF COUNCIL: Discuss the first reading of the 2009 Budget Ordinance No. 25, Series 2008, in preparation for approval during the evening session. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends that the Town Council approves Ordinance No. 25, Series of 2008, upon first reading this evening. 7. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 26, Series of 2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of Parcel A, a re-subdivision of Tract D, Vail Das Schone, from Commercial Core 3(CC3) District to General Use (GU) District, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 26, Series of 2008, on first reading. BACKGROUND RATIONALE: On October 27, 2008, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 26, Series of 2008, on first reading. 8. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 27, Series of 2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of Parcel B, a re-subdivision of Tract D, Vail Das Schone, from Two Family Primary/Secondary(P/S) District 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. 27, Series of 2008, on first reading. BACKGROUND RATIONALE: On October 27, 2008, the Planning and Environmental Commission voted 6-1-0 (Proper opposed) to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 27, Series of 2008, on first reading. 9. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing the approved development plan for Phase III of Special Development District No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2008, on second reading. BACKGROUND RATIONALE: On October 21, 2008, Town Council voted 5-2-0 to approve, with conditions, Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the Planning and Environmental Commission voted 2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to the Town Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. STAFF RECOMMENDATION: Staff recommends the Town Council denies Ordinance No. 22, Series of 2008, on second reading. 10. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 21, Series of 2008, to the Council's November 18, 2008, public hearing. BACKGROUND RATIONALE: On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No. 21, Series of 2008, on first reading. Since the Council's October 7th hearing, Staff has discovered a 1991 District Court decision related to the Town's previous outdoor lighting regulations. The Staff has reviewed that court decision and is revising the proposed Ordinance No. 21, Series of 2008, to address the issues ensure compliance with that decision. STAFF RECOMMENDATION: Staff recommends that the Town Council tables the second reading of Ordinance No. 21, Series of 2008, to the Council's November 18, 2008, public hearing; to allow Staff an opportunity to revise the proposed ordinance to address a recently discovered court decision related the Town's previous outdoor lighting standards. 11. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 23, Series of 2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors and amend one existing view corridor in LionsHead, and setting forth details in regard thereto. (5 min.) STAFF RECOMMENDATION: Table Ordinance No. 23, Series of 2008 until November 18, 2008. 12. ITEM/TOPIC: Adjournment. (7:45 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, NOVEMBER 18, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, NOVEMBER 18, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Town Manager's Report. (20 min.) a. Performance Bonds for Large Projects. b. Wildfire Mitigation Update. 3. Suzanne Silverthorn ITEM/TOPIC: Discussion of Dispersed Loading and Delivery Susan Douglas Policies in Vail Village. (45 min.) Greg Hall George Ruther ACTION REQUESTED OF COUNCIL: Review the three options for dispersed loading and delivery in Vail Village and provide direction for implementation. BACKGROUND RATIONALE: During the summer of 2007, a 17- member working group was formed to evaluate current loading and delivery practices and to recommend options for future implementation of a dispersed loading and delivery network in Vail Village using a combination of underground delivery bays at three major development sites (Mountain Plaza, Vail Plaza Hotel and Solaris) as well as on-street loading zones. The group included representatives from the retail, restaurant, lodging and delivery sectors as well as representatives from the Town Council, chamber associations and the residential neighborhood. This group identified 10 goals for Vail's loading and delivery efforts and presented a series of recommendations to the Vail Town Council on October 16, 2007. While 7 interim recommendations were approved during the 2007 Town Council discussion, decisions on implementation of additional policies were deferred until completion of the community loading and delivery bays at Mountain Plaza (formerly Front Door). This facility was opened for community use on November 17, 2008, and includes up to 13 public loading and delivery bays that are currently available on a voluntary basis. On November 11, 2008, the Loading and Delivery Working Group reconvened to tour the Mountain Plaza facility and to offer comment on the policy option recommended by staff: • Option A - On-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street, Gore Creek Drive and elsewhere in Vail Village, use of outlying dispersed options from 6 a.m. to 6 p.m. Two other options were developed during the 2007 meetings: • Option B - On-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and Hanson Ranch Road, and from 4 a.m. to 11:30 a.m. on Gore Creek Drive, use of outlying dispersed options from 6 a.m. to 6 p.m. • Option C - On-street delivery from 7 a.m. to 9 a.m. on Bridge Street, Gore Creek Drive and elsewhere in Vail Village, use of outlying dispersed options from 6 a.m. to 6 p.m. STAFF RECOMMENDATION: Staff recommends conditional approval of Option A because of its ability to best meet the ten loading and delivery goals identified by the working group. Recommended conditions include the following: • Work on the final refinement and monitoring of the Mountain Plaza loading dock operational rules with Vail Resorts and vendors to address the questions raised during the November 11, 2008, tour. • Defer implementation of Option A until January 9, 2009, to avoid the holiday impacts. • Provide an interim update to the Town Council after approximately 30 days (February 17, 2009 meeting). • Reconvene Loading and Delivery Working Group for review and evaluation on March 2, 2009. • Present evaluation of Option A effectiveness to the Town Council on March 17, 2009, with recommendations for modifications, as needed. 4. Stan Zemler ITEM/TOPIC: Timber Ridge Redevelopment. (60 min.) ACTION REQUESTED OF COUNCIL: Consider the recommendations of staff and the Timber Ridge Redevelopment Advisory Council regarding the process for redevelopment of Timber Ridge. BACKGROUND RATIONALE: Three process alternatives for the redevelopment of Timber Ridge have been identified and evaluated by staff and the Timber Ridge Redevelopment Advisory Committee. The alternatives include 1.) issuing a request for qualifications (RFQ); 2.) pursuing a design/build process with the town as developer; and 3.) negotiating with Vail Resorts to develop the property. STAFF RECOMMENDATION: Direct staff to initiate a 45-day negotiation with Vail Resorts to develop the property. 5. Matt Mire ITEM/TOPIC: Discussion of the Town of Vail Newsrack Suzanne Silverthorn Regulations for the 2008-2009 Ski Season. (15 min.) BACKGROUND RATIONALE: 1999 the Town of Vail (the "Town") adopted Ordinance No. 20, Series of 1999 (the "Ordinance") which set forth certain time, place and manner regulations relating to the placement of newsracks on Town owned property and rights-of-way. Among other things, the Ordinance established two specific "Newsrack Boundaries" in Vail Village and LionsHead respectively. For the reasons set forth in the Ordinance the Town has a continued obligation and responsibility to regulate newsracks located on Town owned property and public rights-of-way for protection of the public heath, safety and welfare. In connection with the regulations adopted in the Ordinance, which was codified and made part of the Vail Town Code at Title 8 Chapter 6, the Town established various newsrack "clusters" within both of the above-referenced Newsrack Boundaries. The Vail Village and LionsHead newsrack clusters appear today in a slightly modified form due to redevelopment. Because there currently exists more demand than available newsrack space within the two Newsrack Boundaries, the staff had planned to hold a lottery to allocate the available space. The lottery was not going to give priority to any certain publication(s). Prior to conducting the lottery, the Vail Mountaineer requested that priority be given to publications which publish more frequently. A priority system as suggested is set forth in Section II(D) of the draft regulations. The legal considerations regarding that priority system are addressed by the Town Attorney under separate cover. "NOTE - At the time these materials were due for Town Council packets, new information was revealed with regard to the continued existence of the Vail Trial. If the Vail Trail were to vacate its current spaces within the two Newsrack Boundaries, more space would become available for allocation in each cluster. ACTION REQUESTED OF COUNCIL: Provide direction on the inclusion in the guidelines of a priority system which gives preference to more frequent publications. Options: Move forward with the process identified in the draft regulations WITH preference given to frequency of publications as identified in Section II(D). 2. Move forward with the process identified in the draft regulations WITHOUT preference given to frequency of publications as identified in Section II(D). STAFF RECOMMENDATION: N/A. 6. Bill Gibson ITEM/TOPIC: (15 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 21, Series of 2008, on second reading. BACKGROUND RATIONALE: On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No. 21, Series of 2008, on first reading. Since the October 7th hearing, Staff has been revising the proposed ordinance language to address the Council's conditions of approval and comments received from the public. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 21, Series of 2008, on second reading. 7. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 23, Series of 2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors and amend one existing view corridor in LionsHead, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 23, Series of 2008, on second reading. BACKGROUND RATIONALE: On October 13, 2008, the Planning and Environmental Commission voted 3-0-1 (Pierce abstained) to forward a recommendation of approval to adopt two new view corridors and amend one existing view corridor in LionsHead, pursuant to the recommendations outlined in Chapter 4, Recommendations-Overall Study Area, Public View Corridors, LionsHead Redevelopment Master Plan, and setting forth details in regard thereto. On October 21, 2008, the Town Council unanimously approved the first reading of Ordinance No. 23, Series of 2008. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 23, Series of 2008, on second reading. 8. Tom Kassmel ITEM/TOPIC: Second reading of Ordinance No. 24, Series 2008. An Ordinance Approving A Holy Cross Energy Utility Easement within the Town of Vail Open Space between Matterhorn Circle and Upper Matterhorn Circle. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 24, Series of 2008, on second reading. BACKGROUND RATIONALE: An existing overhead electric line used to cross the middle bench open space without an easement. This year Holy Cross Energy lowered this stretch of overhead line at the request and cost of a private homeowner. Neither the existing nor the current electric lines have had a dedicated easement. Holy Cross and Town staff would like to have an easement granted to accommodate the new buried line. STAFF RECOMMENDATION: Approve Ordinance No. 24, Series of 2008 on second reading. 9. Kathleen Halloran ITEM/TOPIC: ITEM/TOPIC: Second reading of the 2009 Budget Ordinance No. 25, Series 2008. (15 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments second reading of the 2009 Budget Ordinance No. 25, Series 2008. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve or approve with amendments the second reading of the 2009 Budget Ordinance No. 25, Series 2008. 10. Kathleen Halloran ITEM/TOPIC: First Reading of Mill Levy Certification, Ordinance No. 28, Series 2008. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 28, Series 2008, 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. 28, Series 2008, on first reading. 11. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 26, Series of 2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of Parcel A, a re-subdivision of Tract D, Vail Das Schone, from Commercial Core 3(CC3) District to General Use (GU) District, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 26, Series of 2008, on second reading. BACKGROUND RATIONALE: On October 27, 2008, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. On November 4, 2008, the Town Council unanimously approved Ordinance No. 26, Series of 2008, on first reading. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 26, Series of 2008, on second reading. 12. Warren Cambell ITEM/TOPIC: Second reading of Ordinance No. 27, Series of 2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of Parcel B, a re-subdivision of Tract D, Vail Das Schone, from Two Family Primary/Secondary(P/S) District 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. 27, Series of 2008, on second reading. BACKGROUND RATIONALE: On October 27, 2008, the Planning and Environmental Commission voted 6-1-0 (Proper opposed) to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. On November 4, 2008, the Town Council unanimously approved Ordinance No. 27, Series of 2008, on first reading. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 27, Series of 2008, on second reading. 13. Kathleen Halloran ITEM/TOPIC: Resolution No. 24, Series of 2008: Approval of Vail Local Marketing District's amended 2008 budget. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Resolution 24, Series 2008, a supplemental appropriation to the 2008 Vail Local Marketing District Budget. BACKGROUND RATIONALE: This supplemental request was presented earlier to the Vail Local Marketing District (VLMD) Board and the Town Council for approval of a winter marketing effort. Town Council is now requested to approve VLMD's amended budget. STAFF RECOMMENDATION: Staff recommends Town Council approves or approve with amendments Resolution No. 24, Series of 2008. 14. ITEM/TOPIC: Adjournment. (9:25 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, DECEMBER 2, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, DECEMBER 2, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: A joint work session with the Town Council, Planning & Environmental Commission, and Design Review Board to listen to a presentation on the Ever Vail project proposal from Vail Resorts Development Company. The purpose of this presentation is to unveil the specifics of the project proposal to the decision-makers and community. As this is a joint work session, each of the three decision-making boards will have the opportunity to hear the applicant's presentation and any ensuing questions about the project proposal at the same time. (90 min.) ACTION REQUESTED OF COUNCIL: No formal action is requested at this time. BACKGROUND RATIONALE: Over the last two months, Town Staff has given presentations to the Town Council, Planning & Environmental Commission, and Design Review Board regarding roles and responsibilities, development review process, required criteria and findings, and recommendations of the LionsHead Redevelopment Master Plan in order to set the groundwork for this joint work session meeting and the upcoming development review process. STAFF RECOMMENDATION: As this is only a work session, the Town Staff will not be providing a recommendation at this time. 3. ITEM/TOPIC: Town Manager's Report. (30 min.) • Parking Update. • Chamonix Planning Update. • Revenue Update. • Timber Ridge RFQ Update. 4. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 11.04.08 and 11.18.08 Town Council Minutes. 5. Kathleen Halloran ITEM/TOPIC: First reading of Ordinance No. 29, Series of 2008, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Debt Service Fund of the 2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 29, Series of 2008. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 29, Series of 2008, upon first reading. 6. Matt Mire ITEM/TOPIC: First reading of Ordinance No. 30, Series of 2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by the Addition of the Definition of the Word "Publication"; and Setting Forth Details in Regard Thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 30, Series of 2008, upon first reading. BACKGROUND RATIONALE: The 2009 budget was passed second reading on November 18, 2008. The 2009 budget eliminates funding for publication in the local papers. Section 4.10 of the Town Charter requires publication of ordinances upon their introduction and adoption. The Charter does not define what is required by "publication". In 2007, the Town spent $19,693 for publication of its ordinances in the Vail Daily, requiring the Town Clerk to increase the office advertising budget during the third supplemental appropriation by an additional $12,000. The Town Clerk has currently spent $19,492 of her 2008 budget on publications of ordinances. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 30, Series of 2008, upon first reading. 7. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing the approved development plan for Phase III of Special Development District No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (40 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2008, on second reading. BACKGROUND RATIONALE: On November 4, 2008, Town Council tabled the item to the December 2, 2008 hearing and requested examples of public benefits in other developments. On October 21, 2008, Town Council voted 5-2-0 to approve, with conditions, Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the Planning and Environmental Commission voted 2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to the Town Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. STAFF RECOMMENDATION: Staff recommends the Town Council denies Ordinance No. 22, Series of 2008, on second reading. 8. Kathleen Halloran ITEM/TOPIC: Second Reading of Mill Levy Certification, Ordinance No. 28, Series 2008. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 28, Series 2008, on second reading. BACKGROUND RATIONALE: Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. STAFF RECOMMENDATION: Approve Ordinance No. 28, Series 2008, on second reading. 9. ITEM/TOPIC: Adjournment. (9:40 P.M.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, DECEMBER 16, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, DECEMBER 16, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Pam Brandmeyer ITEM/TOPIC: Appointments to the Commission on Special Events (CSE) and Vail Local Marketing District Advisory Committee (VLMDAC) boards. (10 min.) ACTION REQUESTED OF COUNCIL: 1) Please interview the Commission on Special Events (CSE) applicants at the work session and appoint three applicants to the CSE (terms expire December 31, 2010) 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, 2010) 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 three vacancies on the CSE. The Town received ( 14 ) 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: Brooks Bock, M. D. Dave Chapin* Kyle Denton Danielle Gibson Ron Girotti Ben Hohman Meggen Kirkham* Dan McNutt Keith Ozda Michelle Rampelt Heather Trub* Mia Vlaar Julie Weihaupt James Wilkins I have enclosed an attendance summary for the CSE for your review. VLMDAC: The mission of the VLMDAC is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal property" will be considered for appointment. The Town received ( 6 ) applications for the vacancies. Four applicants are incumbent members of the VLMDAC (noted by asterisks below). The Council needs to interview each applicant at the work session and then appoint four applicants to the Vail Local Marketing District Advisory Council at the evening meeting. The applicants are as follows: Sarah Franke Ben Hohman Bob Llewellyn* Beth Slifer* Pam Stenmark* Adam Sutner * (Vail Resorts representative reappointment) I have also enclosed an attendance summary for the VLMDAC for your review. RECOMMENDATION: Appoint three persons to the CSE and four persons to the VLMDAC. 3. ITEM/TOPIC: Town Manager's Report. (20 min.) • Economic Stimulus Package Recommendations. • Ford Park Managed Parking '09 Summer Proposal. • ECO Trails Committee Names 2008 Trail Supporters. ACTION REQUESTED OF COUNCIL: Approve, approve with amendments the summer calendar for Ford Park paid parking dates for 2009. BACKGROUND RATIONALE: The 2009 Managed Parking Calendar Schedule for Ford Park is attached. This calendar has been compiled by the Ford Park User Committee. We are requesting your review and approval of the calendar for paid parking dates at Ford Park for the Summer, 2009 schedule. There are currently 38 days of paid parking requested as well as one managed parking date. This calendar is subject to change as more events are added to the various schedules of the user groups at Ford Park. RECOMMENDATION: Approve or approve with amendments, the summer calendar for Ford Park paid parking dates for 2009. 4. Kelli McDonald ITEM/TOPIC: Presentation of Same Store Sales reports in both Ralf Garrison Vail Village and LionsHead during summer 2008 compared to 2007, as well as a preview of market forces affecting travel during the 2008/2009 ski season. (20 min.) ACTION REQUESTED OF COUNCIL: None at this time. BACKGROUND RATIONALE: Town Council has requested a report detailing same store sales for summer 2008 compared to 2007 in the categories of restaurant, retail and lodging. Ralf Garrison of the Advisor Group has compiled the information and will present at this meeting. He will also give a brief overview of market forces affecting travel during the 2008/2009 ski season. STAFF RECOMMENDATION: Hear the presentation, ask questions, and give direction for follow up reports. 5. Judy Camp ITEM/TOPIC: Ordinance No. 32, Series of 2008, an emergency ordinance amending Ordinance No. 20, Series of 2008; prescribing other details in connection therewith; and declaring an emergency. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with deifications, or deny Ordinance No. 32, Series of 2008. BACKGROUND RATIONALE: The Town of Vail issued $8,760,000 of Tax-Exempt Sales Tax Revenue Refunding Bonds in 1998 to refinance certain bonds outstanding at that time. The bonds were issued with interest rates ranging from 4.25% to 4.5% and maturities through 2012. On September 16, 2008, Town Council approved Ordinance No. 20, Series of 2008, authorizing the issuance of Sales Tax Revenue Refunding Bonds, Series 2008 for the purpose of refinancing the outstanding 1998A bonds at a lower interest rate with the same maturity. Issuance of the new bonds has been delayed due to market conditions. Conditions have now improved to the point where it is advisable to issue the bonds. Because of the delay in marketing the bonds, however, the "redemption date" specified in the original ordinance has passed and it is necessary to amend Ordinance No. 20 redefining the redemption date. An emergency ordinance is requested so the bonds may be marketed immediately following Council's approval. STAFF RECOMMENDATION: Approve Ordinance No. 32, Series of 2008. 6. Kathleen Halloran ITEM/TOPIC: Second reading of Ordinance No. 29, Series of 2008, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Debt Service Fund of the 2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of Ordinance No. 29, Series of 2008. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 29, Series of 2008, upon second reading. 7. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 31, Series of 2008, for prescribed regulations amendments to Section 12-13, Employee Housing, Vail Town Code, to establish a deed- restriction exchange program, and setting forth details in regard thereto. (25 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 31, Series of 2008, on first reading. BACKGROUND RATIONALE: On June 3, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Vail Town Code to establish an Employee Housing Unit (EHU) deed restriction exchange program. On October 28 2008, the Vail Local Housing Authority of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations. On December 8, 2008, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Section 12-13, Employee Housing, Vail Town Code, to provide additional regulations establishing a deed-restriction exchange program, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 31, Series of 2008, as recommended by the Vail Local Housing Authority and the Planning and Environmental Commission, on first reading. 8. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 33, Series of 2008, for prescribed regulations amendments to Section 11-10-7, Open House Signs, Vail Town Code, to allow for amendments to the open house sign regulations, and setting forth details in regard thereto. (25 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 33, Series of 2008, on first reading. BACKGROUND RATIONALE: At its November 4, 2008, public hearing, the Town Council directed Staff to prepare text amendments to update the Town's open house sign regulations. On December 8, 2008, the Planning and Environmental Commission voted 4-0-1 (Kurz recused) to forward a recommendation of approval, with modifications, for prescribed regulation amendments, pursuant to Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, to amend Section 11-7- 10, Open House Signs, Vail Town Code, to allow for changes to the open house signs regulations, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 33, Series of 2008, as recommended by the Planning and Environmental Commission, on first reading. 9. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing the approved development plan for Phase III of Special Development District No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2008, on second reading. BACKGROUND RATIONALE: On December 2, 2008, Town Council tabled the item to the December 16, 2008 hearing. On November 4, 2008, Town Council tabled the item to the December 2, 2008, hearing and requested examples of public benefits in other developments. On October 21, 2008, Town Council voted 5-2-0 to approve, with conditions, Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the Planning and Environmental Commission voted 2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to the Town Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. STAFF RECOMMENDATION: Staff recommends the Town Council denies Ordinance No. 22, Series of 2008, on second reading. 10. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. 30, Series of 2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by the Addition of the Definition of the Word "Publication"; and Setting Forth Details in Regard Thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 30, Series of 2008, upon second reading. BACKGROUND RATIONALE: The 2009 budget was passed second reading on November 18, 2008. The 2009 budget eliminates funding for publication in the local papers. Section 4.10 of the Town Charter requires publication of ordinances upon their introduction and adoption. The Charter does not define what is required by "publication". In 2007, the Town spent $19,693 for publication of its ordinances in the Vail Daily, requiring the Town Clerk to increase the office advertising budget during the third supplemental appropriation by an additional $12,000. The Town Clerk has currently spent $19,492 of her 2008 budget on publications of ordinances. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 30, Series of 2008, upon second reading. 11. Kelli McDonald ITEM/TOPIC: Approval of Resolution No. 27, Series of 2008. Nicole Peterson Vail Economic Development Strategic Plan. (20 min.) ACTION REQUESTED OF COUNCIL: The Vail Economic Advisory Council and Town of Vail, represented by Kelli McDonald, Economic Development Manager are requesting final review of Resolution No. 27, Series of 2008, for the adoption of the Vail Economic Development Strategic Plan. Please see attached Resolution No. 27, Series of 2008. BACKGROUND RATIONALE: The vision and goals of the Vail Economic Development Strategic Plan were gathered from the Vail 20/20 comprehensive plan document and adopted by Town Council November 6, 2007. In order to facilitate the implementation of the adopted vision and goals, the Town Council requested a Vail Economic Development Strategic Plan. Vail Town Council approved the vision, mission and goals of the strategic plan on July 15, 2008. The creation of the plan has been spearheaded by the Economic Development Department and the Vail Economic Advisory Council, with the assistance of the major contributors listed in the plan. The process to complete the Economic Development Strategic Plan involved the following: - An inventory of Vail economic, financial, marketing, and closely related studies, reports and plans. - A SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis conducted by the Vail Economic Advisory Council. - Research and gathering of similar community economic development studies, plans and tools. (Special thank you to the communities of Breckenridge, Park City and Steamboat Springs) - A thorough analysis of the inventory to determine the long- term implications of such data. - A creative interpolation of the vision and goals adopted by the community and Council, combined with the inventory, research and analysis, to create a realistic and achievable Economic Development Strategic Plan for the Town of Vail. - Vision, mission and goals approved by Vail Town Council July 15, 2008 - Adopted by Vail Economic Advisory Council November 11, 2008 - Presented to Commission on Special Events November 18, 2008 - Presented to Vail Local Marketing District Advisory Council November 20, 2008 - Presented to Planning and Environmental Commission November 24, 2008 - Presented to Town of Vail Directors Staff December 4, 2008 STAFF RECOMMENDATION: The Economic Development Department recommends that the Vail Town Council approves Resolution No. 27, Series of 2008, for the adoption of the Vail Economic Development Strategic Plan. 12. ITEM/TOPIC: Adjournment. (9:15 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, JANUARY 6, 2009 IN THE VAIL TOWN COUNCIL CHAMBERS.