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HomeMy WebLinkAbout2011-02-15 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA "fi TOW VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., FEBRUARY 15, 2011 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM /TOPIC: Citizen Participation (15 min. ) PRESENTER(S): Public 2. ITEM /TOPIC: Consent Agenda: 1) Approval of January 4, 2011 meeting minutes 2) Approval of January 18, 2011 meeting minutes (5 min. ) PRESENTER(S): Pam Brandmeyer 3. ITEM /TOPIC: Town Manager Report (15 min. ) PRESENTER(S): Various 4. ITEM /TOPIC: Second reading of Ordinance No. 3, Series of 2011, an ordinance repealing and reenacting Chapter 7, Contractor, Registration, Title 4, Business License and Registration, Vail Town Code, and setting forth details in regard thereto. (30 min) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Review Ordinance No. 3, Series of 2011, on second reading and approve, approve with modifications, or deny the ordinance. BACKGROUND: On February 1, 2011, the Town Council approved the first reading of Ordinance No. 3, Series of 2011, by a vote of 7 -0. STAFF RECOMMENDATION: The proposed amendments create a contractor registration process which is objective, eliminates waste, cost effective and relies upon current technology to improve productivity and customer service. Town staff recommends the Town Council approves Ordinance No. 3, Series of 2011, on second reading. 5. ITEM /TOPIC: Table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. (5 min) PRESENTER(S): Bill Gibson, Planner 2/15/2011 ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. BACKGROUND: On October 5, 2010 the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). The applicant has requested that this item be tabled to the Town Council's March 15, 2011 public hearing. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables the second reading of Ordinance No. 15, Series of 2010, to its March 15, 2011 public hearing at the applicant's request. 6. ITEM /TOPIC: Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (5 minutes) PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Table Resolution 23, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. BACKGROUND: The Vail Town Council has tabled Resolution 23, Series of 2010, to coordinate with the second reading of Ordinance No. 15, Series of 2010. The applicant has requested that this item be tabled to the Town Council's March 15, 2011 public hearing. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables Resolution No. 23, Series of 2010, to its March 15, 2011 public hearing at the applicant's request. 7. ITEM /TOPIC: Lionshead Transit Center Phase III RFP - East Lionshead Plaza and Concert Hall Plaza Streetscape (15 minutes) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Direct staff to finalize and release the RFP to begin the process of hiring a consultant team to produce design and construction documents for the redevelopment of the Lionshead East Mall Plaza and Concert Hall Plaza projects. BACKGROUND: The Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects are the third phase of the Lionshead Transit Center redevelopment. The two projects complete the link between the Lionshead Transit Center, the redeveloped Lionshead Mall commercial core and the hotels and lodges of west Lionshead. Concept plans for these streetscape projects were developed and reviewed as a part of the LHTC Phase I and Phase II projects in 2010. Since that time the Council has issued Vail Reinvestment Authority (VRA) bonds and established budgets for the two project areas in the 2012 fiscal year. The establishment of the budgets suggests that the council is ready to move forward on the projects. Assuming this is still the intent of the Council the design work will need to begin in April of this year. Staff has drafted a Request for Proposals (RFP) to hire a team 2/15/2011 of design and engineering professionals to finalize the design and prepare construction documents. Once proposals are received and evaluated, staff will bring a recommendation to Council to enter into a contract for design and construction documents. STAFF RECOMMENDATION: Direct staff to finalize and release the RFP to begin the process of hiring a consultant team to produce design and construction documents for the redevelopment of the Lionshead East Mall Plaza and Concert Hall Plaza projects. 8. ITEM /TOPIC: Adjournment (7:30 p.m.) 2/15/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Citizen Participation PRESENTER(S): Public 2/15/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Consent Agenda: 1) Approval of January 4, 2011 meeting minutes 2) Approval of January 18, 2011 meeting minutes PRESENTER(S): Pam Brandmeyer ATTACHMENTS: January 4, 2011 meeting minutes January 18, 2011 Meeting Minutes 2/15/2011 Vail Town Council Meeting Minutes Tuesday, January 4, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Town Manager's Report Kathleen Halloran, Budget Manager, reviewed the Revenue Update memorandum for November 2010 with Council. Judy Camp, Finance Director, presented an update to the Council on the short term rental by owners sales tax. She explained the short term rental rules and enforcement options for the town. She also stated the town has had a process in place for over 10 years on how the property owner of short term rentals can remit sales tax. The finance staff goes through the newspaper and works with the Colorado Sales Tax Division to locate short term rental properties and owners. Another avenue of locating short term rental properties is by doing an audit of property management companies accounting books as well. She said I Street Solutions, out of Virginia, is a company the finance department met with to get other solutions to help identify short term rental properties. I Street Solutions said the finance department is already doing what they would do to identify short term rentals. She said the finance department will be continuing the process they have in house. Town Council Meeting Minutes January 4, 2011 Page 1 2/15/2011 2 -1 -1 Rogers asked about membership clubs that have homes in a rental pool. Camp said they will look into that scenario to see if it is a true short term rental. Cleveland said businesses that are in the business of short term rentals want to see everyone pay the same taxes, as required. Matt Mire, town attorney, presented an update to Council on the Comcast franchise agreement. He said the town is under a renewal process, an audit is being done and stated one of the criteria was to make sure Comcast was in compliance with the franchise agreement. He said Comcast will be back on January 18, 2011; to discuss the audit report. Cacioppo asked what the cost of the audit report will be. Mire said the report will cost between $10,000 and $20,000 and the town was paying for it. He said the town would seek to recoup the costs if the report came back negative. The third item on the agenda was Resolution No.1, Series of 2011, Posting of Notices for 2011. Pam Brandmeyer stated this is a required annual approval and designation for posting locations for all official notices of town public meetings. Foley said he thinks the town should have more than the two sites on the town property to post notices. Rogers made a motion to approve Resolution No. 1, Series of 2011, and the motion was seconded by Daly. A vote was taken and the motion passed unanimously, 7 -0. The fourth item on the agenda was the annual appointment of the official newspaper of record for 2011 for the Town of Vail. Pam Brandmeyer stated this is an annual requirement to appoint a newspaper of record for the Town of Vail. She said each year the town does a Request for Proposal (RFP) to local newspapers to be the official newspaper of record for the Town of Vail. The town received one response from the Vail Daily for 2011 and staff requests the council appoint the Vail Daily as the newspaper of record for 2011. The classified advertising and legal publications fees have stayed the same price as 2010 and the display advertising fee has increased approximately 3% to 8% from the 2010 fees. Daly made a motion to approve and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7 -0. The fifth item on the agenda was the interviews for the vacancies on the Commission for Special Events (CSE) and the Vail Local Marketing District Advisory Council (VLM DAC). Town Council Meeting Minutes January 4, 2011 Page 2 2/15/2011 2 -1 -2 Pam Brandmeyer stated there were three vacancies on the CSE and four vacancies on the VLMDAC for two year terms each. The council interviewed each applicant at the work session earlier in the day. Newbury made a motion to appoint Beth Slifer, Adam Sutner, Mia Vlaar and Skip Thurnauer to the VLMDAC and Amanda Jensen, Carl Colby and Cali Adkisson to the CSE for two year terms each, which terms expire December 31, 2012; the motion was seconded by Rogers. A vote was taken and each appointment passed unanimously, 7- 0. Mike Cacioppo demanded a copy of the secret ballots the Council used to determine who was appointed to the boards. He said that the Council has not been in compliance with the code on how they have been voting for board members for years and wants them to comply. He made a verbal request to see the originals and wants a copy of the ballots. Matt Mire, town attorney, stated Cacioppo will need to file a written open records request with the town before the town will release a copy of the ballots to him. The sixth item on the agenda was an emergency ordinance, Ordinance No. 2, Series of 2011, an emergency ordinance amending Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the Administrator to approve said signs, subject to review, and setting forth details in regard thereto, and declaring an emergency. George Ruther, Community Development Director, said on December 7, 2010, staff facilitated a discussion with the Council regarding the town's parking policies for public parking on private property in response to several citizen inquiries regarding the ability to advertise and promote their parking. Staff recommended the Sign and Zoning Regulations be amended to facilitate public parking on private property. The Council instructed staff to draft an emergency ordinance to allow directional signage for public parking on private property. He said there may be conflicts between current code regulations and the ability to allow for public parking on private property. He said a new type of sign is listed and this would be a temporary four -week time frame, providing consistency on the way the sign is displayed. After the last Council meeting, direction was given to have the signs consistent; the current rate displayed has to be stated at all times; the signs need to be portable, blue and white, and be 36" x 48" in size. He said there is a built -in penalty clause that the sign shall be removed immediately if not in compliance and can be appealed to the Design Review Board (DRB). The ordinance will remain in effect until March 1, 2011. Staff will have a memorandum to the Planning and Environmental Commission at their January 10, 2011; meeting to come up with a more permanent solution. Town Council Meeting Minutes January 4, 2011 Page 3 2/15/2011 2 -1 -3 Mike Suman, with Suman Architects, was in favor of the ordinance. He stated the Council has worked with private developers to add more parking over the past few years and would like to see this ordinance passed. He said since this is a temporary ordinance, this could be a test run period to see if it works. Rich Ten Braak, with the Vail Chamber and Business Association (VCBA), said this ordinance needs to be approved. Patrick Hasse, from the Vail International Gallery, said he is in support of this ordinance. Jonathan Staufer, with the Vail Village Inn, is also in favor of the ordinance and happy to see the variable message signs working on the Frontage Road. Rebecca Jones, with Alpine Bank in Solaris, stated they get calls everyday from visitors and clients on where to park. She said the parking at Solaris needs to be utilized and she is in favor of passing this ordinance. Rayla Kundolf, with Masters Gallery, said she is in favor of passing this ordinance and stated it's a great idea to have the extra parking. Joe Staufer, owner of much of the Vail Village Inn retail space, said the private developer of Solaris has built 200 parking spaces which is more than Vail Resorts has ever built. He said Eagle County taxes private property owners on the parking spaces they have and so the property owners need to keep the spaces filled. The Frontage Road is dangerous and there shouldn't be any parking on the Frontage Road. Jim Lamont, Vail Home Owners Association (VHOA) representative, said the VHOA has been in support of public parking on private property. He wants to look at classy solutions for direction signs and there is a need to identify, in real time, how many spaces are available at all parking areas. Kaye Ferry, resident, said she is confused as to why we are having the conversation when it's a public benefit. Nate Picklo, owner of Yeti's Grind in Solaris, said a full parking garage benefits all the businesses and he is in favor of the ordinance. John Vickers, with Vail Village Arts, said this ordinance needs to be passed so the town can get cars and people off the Frontage Road and get them in the parking garage spaces. Rick Soto, with Slifer, Smith and Frampton Real Estate in Solaris, said the image of parking on the Frontage Road is negative to our guests and he is in support of the ordinance being approved. Ruther said this is an opportunity to provide arrows to parking but not specific directions to the individual parking spaces. Donovan asked how many signs will be seen. Ruther said two to three of the large signs will be needed to provide directions down the street. Zemler asked how many private parking areas are in town. Ruther said six, and as a percentage, 8 -10% of parking is located on private parking. Daly said to use April 24, 2011; as the termination date of the ordinance instead of March 1, 2011, so if new Town Council Meeting Minutes January 4, 2011 Page 4 2/15/2011 2 -1 -4 technology or other issues come up, Council has time to come up with a permanent solution at the end of ski season. Newbury said she agrees and wants this ordinance passed and agreed to the expiration date change to April 24, 2010. Newbury made a motion to approve emergency Ordinance No. 2, Series of 2011, with the expiration deadline to April 24, 2011, and the motion was seconded by Tjossem. Further discussion ensued. Mire stated they should consider moving the expiration deadline to May 3, 2011. Newbury amended her motion to change the date to May 3, 2011, and was seconded by Tjossem. Cleveland had concerns and wanted only two signs allowed. Rogers said the administrator has the ability to control the number of signs and trusts that she /he will control how many signs are allowed. Donovan said she won't be supporting the ordinance as she feels the ordinance will be in direct conflict with regulations they just passed for ski yard signage. Tjossem said we need to hold the town accountable as we are using a -frame type signs. A vote was taken and the motion passed, 5 -2; Cleveland and Donovan opposed. A five minute break was taken. The seventh item on the agenda was a recommendation to amend the Village Camera Policy to allow recording. Dwight Henninger, Vail Police Chief, said cameras were installed for loading and delivery purposes effective July 21st, 2009. Six live -feed, non - recording cameras were put in place to help enhance the efficiency of loading and delivery in the Vail Village. The Vail Police Department considers this technology to be a vital crime fighting tool that will improve the Department's ability to create a safer community. This allows for the Department to prevent and detect public safety emergencies, criminal conduct, and assist investigations and legal proceedings. The Vail Police Department is committed to these goals without compromising the public's right to privacy. Henninger said there have been six robberies and if the loading and delivery cameras were filming, they could have used the cameras. He said since the cameras were installed, at least once a month they could have used the cameras for violations. He said the police department does not think the invasion and right to privacy would be violated. He said the panning of the cameras is just on public property and the department would only go back to view the camera videos if an incident happens. A supervisor would be needed for releasing information, and the video would be kept for seven days, unless there is an incident that would require keeping the video for longer. He said some businesses have cameras but they are not very good quality. Henninger stated there was an attachment to the memorandum with a more coherent policy for use of the camera and placement. He said this would involve stakeholders and community members to determine where the cameras would be used. Rogers Town Council Meeting Minutes January 4, 2011 Page 5 2/15/2011 2 -1 -5 asked if seven days retention is common, as she thought that was a short period of time. Ron Braden, IT director, said the town uses a Bosch security system and it would depend on capacity. They would need another $7,000 to keep the video longer than seven days. Rogers asked Braden to look into the cost of keeping the video longer. She asked if there were cameras on the town buses and how long that video is kept. Braden said yes there are cameras on the buses and it depends on how long the bus runs and if there is an incident. Daly asked how long the data should be stored to feel comfortable with keeping the information in case there is delayed reporting of an incident. Henninger said within two weeks they know if there is an incident. Daly wants this to be the ultimate solution not a temporary fix. Mire said people have up to six months to file a law suit per the statute of limitations. Foley asked if someone was going to look at the tapes everyday. Zemler said no. Donovan is uncomfortable with seven days let alone six months for a retention period. Daly said he wanted revisions to the policy. Cleveland said the Council needs to stay focused on the six cameras before them and not about a policy at this point. Newbury asked how many of the nine businesses that were burglarized had cameras. Bettis said four businesses had cameras and only two were able to be used. Braden said the clarity on the loading and delivery cameras is high and the cameras are on timers to zoom in or broaden the view. Daly asked what the town needs to approve use of the six cameras. Doug Johnson, asked how many frames per second are on the camera. Braden said if it's not part of a criminal investigation, it's 30 frames per second. Kaye Ferry said the last time this discussion came up it was a heated topic and she thinks that having the cameras is intrusive and offensive. Gwen Scapello, resident, said this would be an asset for the public on public streets only. Rich Ten Braak, Vail Business and Chamber Association (VCBA), said he has personally spoken to the people that were burglarized and they want the cameras to be used. Camera usage is a given in the rest of the world and it's now a security issue. Jim Lamont, Vail Home Owners Association (VHOA), recalls the discussion a year ago and policy issues were going to be discussed. He said he spoke with Henninger and told him due to the economy, there would be issues, and here they are. He said the town is too quick to rush into technology quick fixes. Donovan said she feels she is uneducated about monitoring systems and wants more time to have discussions about the technical issues. She also wants a broader discussion on the policy issue. She initially supports this because the community is overwhelmingly in favor of it. Rogers said to look at Google Earth. The expectation of privacy is naive and doesn't exist anymore. She asked if putting six cameras up is a legitimate way to solve crimes and solving other matters. She feels it's the police chief's job to staff appropriately. She said there isn't a legitimate expectation that Town Council Meeting Minutes January 4, 2011 Page 6 2/15/2011 2 -1 -6 anyone would have privacy on public property. She said the town has tools to help the police solve crimes and she is in favor of using the cameras for that purpose. She wants to keep the video for six months to have the ability to defend the town against claims. She reiterated that the video would only be used when necessary and with town manager approval. Zemler said they just record over themselves and are on a data storage unit. Daly said after six months the Council should get community input. Daly moved to authorize the six loading and delivery cameras; retain recorded footage for seven days; and have a resolution in place for six months, at which time the staff will discuss the issue publicly and formulate a comprehensive policy with the desires of the community; the motion was seconded by Rogers. Newbury said she moves the cars for the Tivoli and the roads are constantly blocked. She wants to use the cameras for loading and delivery purposes only. Foley said the cameras are used as a deterrent, and seven days is more than enough time to keep the video. A vote was taken, and the motion passed unanimously, 7 -0. The eighth item on the agenda was second reading of Ordinance No. 22, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to allow entertainment signs for theaters and menu boxes for eating and drinking establishments in theaters to be electronic signs, and setting forth details in regard thereto. Bill Gibson, Planner, said on December 21, 2010 the Vail Town Council approved the first reading of Ordinance No. 22, Series of 2010, as presented by a vote of 6 -0 -0. The Planning and Environmental Commission (PEC) recommends the Vail Town Council approve Ordinance No. 22, Series of 2010, on second reading. There were no modifications from first reading. Foley asked if this ordinance will be extended to include restaurants and other businesses. Gibson said the PEC and DRB will be meeting to have further discussions on that possibility. Foley made a motion to approve second reading of Ordinance No. 22, Series of 2010; and was seconded by Daly. Cleveland said it was a bad precedent to be setting as all the code changes are being done for one development and that development keeps violating the town ordinances. A vote was taken and the motion passed, 7 -0. The ninth item on the agenda was first reading of Ordinance No. 1, Series of 2011, an ordinance amending Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for "beauty and barber shops with exterior frontage on a public way, street, or walkway" as Town Council Meeting Minutes January 4, 2011 Page 7 2/15/2011 2 -1 -7 a conditional use outside of the Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrian mall within the Lionshead Mixed use 1 and 2 zone districts as defined by the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Warren Campbell, Planner, stated the 1981 regulations were to protect the horizontal views of the town. He said over the years the intent of the regulations was warped a bit and the intent was no beauty and barber shops be on first floor in CCI and CCII zone districts. On December 13, 2010, the Planning and Environmental Commission (PEC) held a public hearing to discuss the proposed amendments to the town's zoning regulations and a conditional use permit application to allow for a "beauty and barber shop" within the Ritz - Carlton. The PEC forwarded a recommendation for approval for the proposed zoning regulation amendments to the Council. Additionally, the PEC approved the conditional use permit request for a beauty and barber shop in the Ritz - Carlton on the condition the ordinance amending the regulations regarding the ability for the land use to have exterior frontage on a public way, street or walkway was adopted by the Council. Staff has attached the memorandum to the PEC for reference. He said the space referenced is at the northeast corner of the Ritz - Carlton. He stated this is a non - pedestrian mall area. Daly said the future Ever Vail project would make this a major pedestrian or vehicular way or public mall. Campbell said this would still be a conditional use permit and the master plan would have to be revisited to apply to future development. Mauriello said what is seen on the map would be prohibited in the designated areas. He said the criteria on pages 9 and 10 of the memorandum from the PEC would be used to approve any conditional use permits, but the conditional use may not necessarily be approved. The town would have to adopt a new map. Foley made a motion to approve first reading of Ordinance No. 1, Series of 2011, and the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The tenth item on the agenda was second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner requested the Council table the second reading of Ordinance No. 15, Series of 2010, to the Council's January 18, 2011, public hearing. He stated on December 7, 2010 the Vail Town Council tabled the second reading of Ordinance No. Town Council Meeting Minutes January 4, 2011 Page 8 2/15/2011 2 -1 -8 15, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, staff has continued to collaborate with the applicant and the town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Newbury made a motion to table to the January 18, 2011, Council meeting, and Donovan seconded the motion. A vote was taken and passed unanimously, 7 -0. The eleventh item on the agenda was a request to have a continuance of Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. This resolution is being reviewed in association with the proposed Ordinance No. 15, Series of 2010. Bill Gibson, planner, requested the Council table Resolution 23, Series of 2010, to the Vail Town Council's January 18, 2011 public hearing. He said on December 7, 2010 the Vail Town Council tabled Resolution 23, Series of 2010, to its January 4, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Tjossem made a motion to table Resolution No. 23, Series of 2010, to the January 18, 2011 meeting; the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The twelfth item on the agenda was a request to table 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 conditional use permit pursuant to Section 12- 9C- 3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. Bill Gibson, Planner, stated on December 21, 2010, the Vail Town Council granted a continuance on this item to the Council's January 4, 2011 public hearing. Since that hearing, the applicant (Vail Recreation District) and the appellants (Susan P. Johnson and Vail Mortgage Trust) have been negotiating an alternative location for the proposed golf course lightning shelter. Both the applicant and the appellant are requesting additional time to continue their negotiations. He requested the Council grant a Town Council Meeting Minutes January 4, 2011 Page 9 2/15/2011 2 -1 -9 continuance on this item to the January 18, 2011, Town Council public hearing to allow the parties additional time to obtain information. Newbury made a motion to continue to the January 18, 2011 meeting, and the motion was seconded by Donovan. A vote was taken and passed unanimously, 7 -0. The thirteenth item on the agenda was adjournment. Foley made a motion to adjourn; and the motion was seconded by Ttjossem. A vote was taken and passed unanimously, 7 -0. The meeting adjourned at 8:27 p.m. Respectfully submitted, Dick Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Town Council Meeting Minutes January 4, 2011 Page 10 2/15/2011 2 -1 -10 Vail Town Council Meeting Minutes Tuesday, January 18, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Kevin Foley Kim Newbury Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Sue Dugan, Vail resident, said she was recently in Australia and there were cameras everywhere and they are not a problem. Foley extended condolences to the " "Dickey Pete" Peterson family. The second item on the agenda was the Town Manager's Report. There was none. The third item on the agenda was the consent agenda: Approval of the December 7, 2010 and December 21, 2010 meeting minutes. Foley made a motion to approve the minutes of December 7, 2010, and December 21, 2010, with typographical correction changes; the motion was seconded by Donovan. A vote was taken and the motion passed 7 -0 for the December 7, 2010 meeting minutes. On the December 21, 2010, meeting minutes the vote was 6 -0 -1, with Cleveland abstaining as he wasn't in attendance at that meeting. The fourth item on the agenda was a discussion of the 2015 World Championships. Stan Zemler stated the purpose of the discussion was to provide staff with direction about whether to add funding to the first supplemental in 2011, the first payment of Town Council Meeting Minutes January 18, 2011 Page 1 2/15/2011 $250,000 as requested by the Vail Valley Foundation (VVF) and by doing so, the Council is supporting, in concept, the Vail Valley Foundation proposal, acknowledging that annual appropriations will be requested going forward. A total of $1.25 million is to be paid out over the next 5 years. He said the " "Qualifiers" would be held at Golden Peak and Vail would be the center of special event activities. Rogers noted Beaver Creek will have the races and Vail will have all the other special events; however, in the proposal, it states Vail wouldn't get the final closing awards ceremony. Ceil Folz, Executive Director of the VVF, said the closing ceremonies are tied into the final race. Vail has all the formal awards but once the race ends on closing day, there is a closing ceremony at the end of the final race, which happen within one hour. She said by protocol, the final races and final ceremony happen together. She stated once the world cup finishes, everyone leaves. Rogers reiterated there won't be any awards or events for the last night of the championships in Vail. Folz said that is correct and that historically the closing ceremony is very small. Donovan asked if there was the potential of Vail doing something that evening. Folz said yes that could be a possibility, a volunteer parry or something. Daly said he had requested an itemized list of what the impacts for 2015 for Vail would be and a specific itemization of what Vail would get in exchange for their funding contribution. He stated he is uncomfortable designating the full funding amount when Council doesn't know what Vail will get. Folz said it's hard to get very specific four years out. She said there are a lot of Vail folks on various 2015 sub - committees. She stated Vail and Beaver Creek will have equal representation on all advertising, venues, etc. Daly said the biggest benefit and impact will be the vignettes that will be on television and he wants to see Vail well represented. Folz said it would be VVF's responsibility to get Vail in the vast majority of vignettes made. Newbury said she wants a list of who is on what committee since Folz said Vail is well represented on the committees. Zemler indicated he would get that list to Council. Rogers stated she is not comfortable voting in favor of the funding until Council knows what the other partners are putting in for their funding. Folz said Beaver Creek is putting in $2.5 to $3.0 million. Donovan said she would be voting in favor of the funding; however, for the record, there are lots of community members upset that Vail isn't going to have any races in Vail. She said this has crystallized for everyone that racing is part of our heritage, history and future of Vail. Town Council Meeting Minutes January 18, 2011 Page 2 2/15/2011 Daly noted staff and some council members had met with the VVF and Vail Resorts and those groups had made a firm commitment to develop Golden Peak. Vail will host women's racing. Daly hoped it would happen soon. Rogers asked if Beaver Creek has committed to the $2.5 million. Folz said they have a meeting on Thursday morning and she feels confident Beaver Creek will commit. Cleveland said the positive is the funding is in increments and future councils will have to make additional commitments. Rogers said once the Council approves the $1.25 million in payments, there will be high pressure to pay the full amount in the future. Dally made a motion to approve adding $250,000 to the supplemental appropriation, realizing that other Councils will have to approve further funding. The motion was seconded by Tjossem. Foley said this is a tough decision for him; however, seeing a spike in international visitors in the long run, and getting international business and guests are what the town is trying to attract. This will continue to bring them to Vail. A vote was taken and passed 7 -0, to bring a supplemental appropriation to the Council. The fifth item on the agenda was a follow up discussion regarding the Comcast Franchise Agreement renewal. Matt Mire, Town Attorney, stated Comcast has a presentation, and then the Council can ask questions of staff and the Comcast representative, Janet Rinaldi, and provide staff with direction. Mire said in 1995, the Town of Vail (the " "Town') entered into a cable franchise agreement with TCI Cablevision. Several years later, TCI was purchased by AT &T and finally Comcast. As part of this agreement, the Town was given a fiber optic network connecting all five municipal buildings. The franchise agreement ended January 4 2010. The agreement provides for continuation of service on a month -to -month basis until a new agreement can be reached between the Town and Comcast. As part of the franchise renewal process, and pursuant to §8- 5- 12(A)(1) of the Vail Town Code, the Council is required to consider, among other things, whether the cable operator has substantially complied with the material terms of the existing franchise and with applicable law. Accordingly, on October 19, 2010, Council directed staff to have a technical audit conducted to determine compliance and to return to Council on January 4, 2011. The Town did not have the audit report in time for the January 4th meeting, so the discussion was tabled to today's date. He said the audit was just posted to the town's website. Rinaldi said Comcast was unrolling some upgrades in October. She said Comcast is working on correcting the items in the audit and they have addressed about a third of them. Daly wanted to know what third of the items they had addressed. Town Council Meeting Minutes January 18, 2011 Page 3 2/15/2011 Rinaldi said there were 75 items in the audit that needed to be addressed and that the 800 to 2500 is an extrapolation of issues they identified according to the number of plant miles. Rogers asked if Comcast has information that shows the audit information is wrong and Rinaldi said no. She stated some of the bonding and ground issues were being addressed and the multiple dwelling unit issues were started prior to the audit. She said new product and services were being addressed but they need to work with the Colorado Department of Transportation (CDOT). Multiple steps need to be worked out. She said On- Demand should be in place by November, 2011, and the final piece of Comcast Digital Voice will be completed in June, 2011. Cleveland asked if it was safe to say Comcast didn't provide a level of service compared to other cities. Rinaldi said the franchise agreement only addresses video services. Daly asked if the agreement didn't touch on voice or internet services. Rinaldi said it didn't. Mire said Council needs to set a timeframe in which to address the alleged violations. Sue Dugan, resident, said she has been waiting for a year to get cable service. She had a bad service line and has had a very bad service experience that has lasted years. James Harrison, resident, said Comcast said they don't have basic cable services but on television it says they do have it. He asked why there aren't basic services in Vail. Channel 5 representatives say anyone should have access to the basic services. Rinaldi said they do provide basic services and are required to have basic tier services open for public access. Mark Hollenbeck, a representative of the Village Center Homeowners Association (VCHA), asked when the CDOT fiber optic will be completed. Rinaldi stated the video on demand will be available at the end of February and voice on demand at the end of June, 2011. The full fiber optic will be completed by the end of June, 2011. She said negotiations were completed in August, 2010, and there are a number of items that need to be accomplished first. Hollenbeck said the VCHA is still having a difficult time getting the level of service as promised. He said it takes one to three days to get a receiver replaced and on average, once a month, 7 -10 receivers need to be replaced. He said equipment is constantly having issues. He said Comcast does a poor job rewiring or grounding their equipment and making it safe to the public. The VCHA has had several electrical surges so their system may not be grounded properly. He said they always have to monitor their technicians to make sure everything is put back in place. He said the bottom line is the service needs to improve dramatically. He wants to know what checks and double checks will be in place from now on; how Comcast will handle 2015 championships demands; high definition is an issue; and what kind of leverage does the town have to make Comcast correct issues. Town Council Meeting Minutes January 18, 2011 Page 4 2/15/2011 Rinaldi said Comcast wants to be involved in planning where the media centers will be for the 2015 championships and work with the town on it. Comcast wants to participate to the extent they can. On the marketing side there are many opportunities as well. Cleveland asked if the Comcast /NBC merger will have an effect on the town. Rinaldi said it's too early to say as it was just announced today. Mike Geneff, a VCHA board member, thanked the Council for doing the audit and urged them to set a timetable for the remedies. He said one glaring issue is customer interviews in the audit. Residents need the Council's continued help to get issues resolved. He said the Council has an opportunity to represent citizens of Vail and get high quality service to its citizens. Mire stated for the record, several phone calls and emails were received on this agenda item. He said Council needs to set timeframes for remedies and the town code provides for posting of a $50,000 letter of credit. Newbury made a motion for Comcast to post a $100,000 letter of credit within seven days and 30 days to remedy audit violations; the motion was seconded by Rogers. Foley said a lot of equipment and stuff is under snow and it would be difficult for Comcast to comply in 30 days. He said there should be a time table that goes through spring. Rogers said she feels strongly about the timeframe because the contract negotiation has been in the works for a year. The town has had problems for years and apparently Comcast is not willing to do this of their own volition. Liquidated damages should begin if they don't fix the issues for every violation. Donovan said the comments from the citizens are overwhelmingly negative. She said Comcast is not creating a world class experience. A vote was taken and passed 7 -0. Daly said he wanted to address additional issues as the level of frustration within the community, poor quality of service, terrible customer service and lack of commitment by Comcast needed to be addressed. Daly made a motion to direct the town manager to look at condemnation of the cable system to enable a competitive bidding process; the motion was seconded by Rogers. A vote was taken and passed 7 -0. The sixth item on the agenda was second reading of Ordinance No. 1, Series of 2011, an ordinance amending Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for "beauty and barber shops with exterior frontage on a public way, street, or walkway" as Town Council Meeting Minutes January 18, 2011 Page 5 2/15/2011 a conditional use outside of the Commercial Core 1 and 2 zone districts and outside of the primary and secondary pedestrian mall within the Lionshead Mixed Use 1 and 2 zone districts as defined by the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Warren Campbell stated staff fixed the typographical error. Specific definitions for beauty and barber shop definitions were clarified from first reading and requested the Council approve, approve with modifications, or deny the second reading of Ordinance No. 1, Series of 2011. On December 13, 2010, the Planning and Environmental Commission (PEC) held a public hearing to discuss the proposed amendments to the Town's zoning regulations and a conditional use permit application to allow for a "beauty and barber shop" within the Ritz - Carlton. The PEC forwarded a recommendation for approval for the proposed zoning regulation amendments to the Council. Additionally, the PEC approved the conditional use permit request for a beauty and barber shop in the Ritz - Carlton, on the condition that the ordinance amending the regulations regarding the ability for the land use to have exterior frontage on a public way, street or walkway, was adopted by the Council. On January 4, 2010, the Council approved the first reading of Ordinance No. 1, Series of 2011, by unanimous vote. Staff was directed to examine the current definition of beauty and barber shops and bring forward amendments which would address the differences between a beauty and barber shop. Foley made a motion to approve on seconding reading Ordinance No. 1, Series of 2011; the motion was seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0. The seventh item on the agenda was a request for a continuance of Second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Ruther, Planner, planner, requested the Council table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's February 15, 2011 public hearing. On October 5, 2010 the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). At subsequent public hearings, the Vail Town Council tabled the second reading to allow staff and the applicant time to gather additional information for the Council's review. Since those hearings, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Town Council Meeting Minutes January 18, 2011 Page 6 2/15/2011 Newbury made a motion to table the second reading of Ordinance No. 15, Series of 2010, to its February 15, 2011; public hearing. Daly seconded the motion. Foley asked what had been happening. Ruther stated they are working with the applicant to clarify all the issues. A vote was taken and passed unanimously, 7 -0. The eighth item on the agenda was a request for a continuance of Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Ruther requested the Council table Resolution 23, Series of 2010, to the Council's February 15, 2011; public hearing. He said on January 4, 2011 the Vail Town Council tabled Resolution 23, Series of 2010, to its January 18, 2011 public hearing to allow staff and the applicant time to gather additional information for the Council's review. Since that hearing, Staff has continued to collaborate with the applicant and the Town's consultant, Winston and Associates, to establish a new zone district that allows for redevelopment yet preserves the existing character of the neighborhood. Daly made a motion to table Resolution No. 23, Series of 2010 to its February 15, 2011; public hearing; the motion was seconded by Tjossem. A vote was taken and passed unanimously, 7 -0. The ninth item on the agenda was adjournment. Foley made a motion to adjourn, and Daly seconded the motion. A vote was taken and passed unanimously, 7 -0. The meeting adjourned at 7:15 p.m. Respectfully submitted, Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Town Council Meeting Minutes January 18, 2011 Page 7 2/15/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Town Manager Report PRESENTER(S): Various 2/15/2011 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Second reading of Ordinance No. 3, Series of 2011, an ordinance repealing and reenacting Chapter 7, Contractor, Registration, Title 4, Business License and Registration, Vail Town Code, and setting forth details in regard thereto. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Review Ordinance No. 3, Series of 2011, on second reading and approve, approve with modifications, or deny the ordinance. BACKGROUND: On February 1, 2011, the Town Council approved the first reading of Ordinance No. 3, Series of 2011, by a vote of 7 -0. STAFF RECOMMENDATION: The proposed amendments create a contractor registration process which is objective, eliminates waste, cost effective and relies upon current technology to improve productivity and customer service. Town staff recommends the Town Council approves Ordinance No. 3, Series of 2011, on second reading. ATTACHMENTS: Ordinance No. 3, Series of 2011 2/15/2011 ORDINANCE NO. 3 SERIES OF 2011 AN ORDINANCE REPEALING AND RE- ENACTING CHAPTER 7, CONTRACTOR, REGISTRATION, TITLE 4, BUSINESS LICENSE AND REGISTRATION, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"), WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified, WHEREAS, the provisions of Chapter 4-7, Contractors, Registration, Vail Town Code, were adopted in 1977 and last updated in 1978; more than 33 years ago, WHEREAS, the Community Development Department is charged with administering the provisions of the Chapter 4 -7, Contractors, Registration, Vail Town Code, WHEREAS, the intent of these existing regulations is for the Building Official to evaluate every contractor wanting to do construction work in the Town and only issue a contractor's license to those persons who are " qualified bV traininq orexperience and is financially responsible to fulfill the obligations of a contractor WHEREAS, in practice, the Building Official does not administer a written test or otherwise objectively evaluate a contractor's qualifications based upon training or experience, WHEREAS, the current statutory process for registering contractors is outdated, time - consuming and costly and has room for improvements, WHEREAS, improvements to the process of registering contractors can be improved such that the original intent of the regulations can be maintained and advanced yet the amount of time and cost associated with the process to the contractor and Town can be reduced, and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt these amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Chapter 7, Contractors, Registration, Business License and Registration, Vail Town Code, is hereby repealed and re- enacted as follows: 4 -7 -1: DEFINITIONS: For the purposes of this Chapter, the words and phrases contained in this Section are defined as follows: BOARD: The Board of Appeals as defined in the International Building Code, as adopted by the Town. Ordinance No. 3, Series of 2011 second reading 1' 2/15/2011 4 -1 -I BUILDING CODE: Includes the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code, International Performance Code, Uniform Code for the Abatement of Dangerous Buildings, and the National Electrical Code, as adopted by the Town. BUILDING OFFICIAL: The Building Official as defined in the Building Code, as adopted by the Town, or his /her designee. PERMIT: A permit, as prescribed in the Building Code and Town ordinances, granting approval to do construction work in the Town. CONSTRUCTION WORK: Activity including, but not limited to, new construction, additions, repairs, alterations, installations, demolition, removal, conversions, replacements, or renovations of any building or structure, or excavation that requires a permit. CONTRACTOR: Any person, firm, partnership, corporation, association, or other organization who undertakes, or offers to undertake for another, construction work. For the purposes of this Chapter, a contractor may be a general contractor, plumbing contractor, electrical contractor, excavation contractor, fire protection contractor, or a subcontractor. PERSON: An individual, corporation, business, trust, estate, business trust, partnership, or association, or any other legal entity. REGISTRATION: Issued by the Town in accordance with the provisions of this Chapter. PUBLIC WAY PERMIT: Such permit as is prescribed by Title 8, Chapter 1 of this Code. TOWN: Town of Vail, Colorado. 4 -7 -2: CONTRACTOR REGISTRATION: A. Registration Required: All contractors shall be registered under the terms and provisions of this Chapter, prior to undertaking any construction work or contract and /or applying for any type of permit required by applicable State statutes or Town ordinances. B. Exemption to Registration: Any person may make application for a building permit to do such person's own construction work on any dwelling unit that such person occupies whether owned by him /her or leased, without being registered when such work is limited to minor alterations, maintenance, and decorating, providing such work does not alter or affect the structural integrity of the building. C. Registration is Not a License or Certification: The registration of a contractor by the Town neither expresses nor implies any level of qualification, competency, licensing, certification or other assessment of the contractor's ability to complete contracted work. Ordinance No. 3, Series of 2011 second reading 2/15/201 4 -1 -2 4 -7 -3: ISSUANCE: A. Forms: Registration forms shall be available at the Community Development Department office. B. Registration Information: Registration information shall consist of the business name, name of the principal party /business owner, current mailing address, electronic mail address, and telephone number. Electrical and plumbing contractors shall provide their current registration numberwith the State of Colorado Department of Regulatory Agencies, Division of Registrations. Fire protection contractors shall provide their Vail Fire and Emergency Services contractor registration number. 4 -7 -4: FEE SCHEDULE: The registration fees applicable to the registrations enumerated in this Chapter shall be as adopted by the Town Council annually and shall be set forth on the schedule of fees maintained in the Community Development Department office. 4 -7 -5: PERIOD OF VALIDITY: The registration of a contractor shall be valid for a maximum of three years and shall expire on April 30 of the expiration year. 4 -7 -6: PROOF OF REGISTRATION All contractors shall provide proof of registration upon request by the Building Official. 4 -7 -7: INSURANCE A. Insurance Required: All contractors shall maintain proof of insurance under the terms and provisions of this Chapter while applying for a permit or undertaking construction work. B. Insurance Types and Amounts: Every contractor granted registration under the provisions of this Chapter shall maintain the following minimum types and amounts of insurance: 1. Employee liability. 2. Worker's compensation. 3. Public liability with the following limits: a. Option 1: one million dollars ($1,000,000.00) in the aggregate, for bodily injury and one million dollars ($1,000,000.00) in the aggregate, for property damage. b. Option 2: combined single limit of one million dollars ($1,000,000.00). C. Excavation Contractors: Excavation contractors shall to have at least twenty five thousand dollars ($25,000.00) worth of "XCU" (explosion, collapse, underground) Ordinance No. 3, Series of 2011 second reading 2/15/201 4 -1 -3 insurance in addition to the required general liability and worker's compensation insurance. 4 -7 -8: PROOF OF INSURANCE: All contractors shall provide proof of insurance upon request by the Building Official. 4 -7 -9: CONTRACTOR RESPONSIBILITY: A contractor shall be responsible for all construction work included in the permit or undertaking whether or not such work is done by such person directly or by a subcontractor. 4 -7 -10: VIOLATION AND PENALTY: A. Violation: It is a violation of this Chapter for any person to violate any provision or to fail to comply with any of the requirements of this Chapter and to commit any of the following acts: 1. Applying for permits or undertaking construction work without a valid registration when required. 2. Failure to provide proof of registration upon request by the Building Official. 3. Fraudulent use of a registration to obtain permits for another person, firm, or corporation. 4. Applying for permits or undertaking construction work not entitled under one's respective registration. 5. Failure to obtain a permit for construction work when required. 6. Failure to obtain inspections for construction work when required. 7. Failure to maintain proof of insurance as required by this Chapter while applying for permits or undertaking construction work. 8. Failure to provide proof of insurance upon request by the Building Official. 9. Failure to maintain construction site grounds and structures in a clean and safe manner, or causing damage to property adjoining the construction site. 10. Any violation of Town ordinances or codes governing construction work. B. Construction Work without a Valid Registration: If the Building Official determines that a person has undertaken construction work without a valid registration as required by this Chapter, said person must register as a contractor and shall pay a fine in an amount equivalent to two times the adopted registration fee. C. Revocation or Suspension of Registration; Nullification of Permits: If the Building Official determines that a person has acted in violation of the provisions of this Ordinance No. 3, Series of 2011 second reading 4 2/15/2011 4 -1 -4 Chapter the Building Official shall waive, for good cause shown, any penalty; issue a warning; revoke or suspend the registration of said person for whatever time it deems reasonable; and /or nullify any associated permits filed in degradation of this Chapter. D. Remedies Not Exclusive: In addition to the remedies expressly provided by this chapter, the Town may pursue any other remedies available at law or in equity. E. Other Penalty: In addition to any other penalty provided in this chapter, any person who violates any provision of this chapter shall be subject penalty as provided in Section 1 -4 -1, General Penalty, of this Code. 4 -7 -11: APPEALS: A. Appeal of Building Official Actions: 1. Authority: The Board of Appeals shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Chapter. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Building Official with respect to the provisions this Chapter. The Town Council may also call up a decision of the Building Official by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the Community Development Department within twenty (20) calendar days of Building Official's decision. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. In the event of an appeal, the Board of Appeals, after receiving a report by the Building Official, may confirm, reverse, or modify the action of the Building Official. Failure of the Board of Appeals to act within forty (40) days of the filing of an appeal shall be deemed concurrence in the action of the Building Official. The filing of such notice of appeal will require the Building Official to forward to the Board of Appeals at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Board of Appeals on the appeal within forty (40) calendar days of the appeal being filed. The Board of Appeals 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. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any order, decision, determination or interpretation by the Building Official. 4. Findings: The Board of Appeals shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Chapter have or have not been met. Ordinance No. 3, Series of 2011 second reading r, 2/15/2011" 4 -1 -5 B. Appeal of Board of Appeals Actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Board of Appeals with respect to the provisions of this Chapter. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Board of Appeals with respect to the provisions this Chapter. The Town Council may also call up a decision of the Board of Appeals by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the Community Development Department within twenty (20) calendar days of Board of Appeals decision. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. In the event of an appeal, the Council, after receiving a report by the Board of Appeals, may confirm, reverse, or modify the action of the Board of Appeals. Failure of the Council to act within forty (40) days of the filing of an appeal shall be deemed concurrence in the action of the Board of Appeals. The filing of such notice of appeal will require the Board of Appeals to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled 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. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any order, decision, determination or interpretation by the Board of Appeals. 4. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Chapter have or have not been met. C. Appeal Of Town Council Actions: The final decision of the Town Council with respect to any appeal pursuant to this chapter may be appealed to an appropriate court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Town of Vail Municipal Court shall not have jurisdiction over such civil action. SECTION 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 3. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the Ordinance No. 3, Series of 2011 second reading 2/15/201 4 -1 -f inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 4. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1S day of February, 2011 and a public hearing forsecond reading of this Ordinance set for the 15 day of February, 2011, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2011 second reading 7 2/15/201 I 4 -1 -7 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. BACKGROUND: On October 5, 2010 the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). The applicant has requested that this item be tabled to the Town Council's March 15, 2011 public hearing. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables the second reading of Ordinance No. 15, Series of 2010, to its March 15, 2011 public hearing at the applicant's request. ATTACHMENTS: Memo to TC 021511 2/15/2011 A . TYA VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 15, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. BACKGROUND: On October 5, 2010 the Vail Town Council approved the first reading of Ordinance No 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). The applicant has requested that this item be tabled to the Town Council's March 15, 2011 public hearing. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables the second reading of Ordinance No. 15, Series of 2010, to its March 15, 2011 public hearing at the applicant's request. 2/15/2011 5 -1 -1 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: Table Resolution 23, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. BACKGROUND: The Vail Town Council has tabled Resolution 23, Series of 2010, to coordinate with the second reading of Ordinance No. 15, Series of 2010. The applicant has requested that this item be tabled to the Town Council's March 15, 2011 public hearing. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables Resolution No. 23, Series of 2010, to its March 15, 2011 public hearing at the applicant's request. ATTACHMENTS: Res. 23, 2010 TC Memo 021511 2/15/2011 MOP VA VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub- Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. PRESENTERS): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL.: Table Resolution 23, Series of 2010, to the Vail Town Council's March 15, 2011 public hearing. BACKGROUND: The Vail Town Council has tabled Resolution 23, Series of 2010, to coordinate with the second reading of Ordinance No. 15, Series of 2010. The applicant has requested that this item be tabled to the Town Council's March 15, 2011 public hearing. STAFF RECOMMENDATION: Staff recommends the Vail Town Council tables Resolution No. 23, Series of 2010, to its March 15, 2011 public hearing at the applicant's request. 2/15/2011 6 -1 -1 ITL1 Oil VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 15, 2011 ITEM /TOPIC: Lionshead Transit Center Phase III RFP - East Lionshead Plaza and Concert Hall Plaza Streetscape PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Direct staff to finalize and release the RFP to begin the process of hiring a consultant team to produce design and construction documents for the redevelopment of the Lionshead East Mall Plaza and Concert Hall Plaza projects. BACKGROUND: The Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects are the third phase of the Lionshead Transit Center redevelopment. The two projects complete the link between the Lionshead Transit Center, the redeveloped Lionshead Mall commercial core and the hotels and lodges of west Lionshead. Concept plans for these streetscape projects were developed and reviewed as a part of the LHTC Phase I and Phase II projects in 2010. Since that time the Council has issued Vail Reinvestment Authority (VRA) bonds and established budgets for the two project areas in the 2012 fiscal year. The establishment of the budgets suggests that the council is ready to move forward on the projects. Assuming this is still the intent of the Council the design work will need to begin in April of this year. Staff has drafted a Request for Proposals (RFP) to hire a team of design and engineering professionals to finalize the design and prepare construction documents. Once proposals are received and evaluated, staff will bring a recommendation to Council to enter into a contract for design and construction documents. STAFF RECOMMENDATION: Direct staff to finalize and release the RFP to begin the process of hiring a consultant team to produce design and construction documents for the redevelopment of the Lionshead East Mall Plaza and Concert Hall Plaza projects. ATTACHMENTS: LHTC -III Attachments LHTC -III Memo 2/15/2011