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HomeMy WebLinkAbout2009-04-21 Town Council MinutesVail Town Council Meeting Minutes Tuesday, April 21, 2009 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 Mark Gordon Kevin Foley Margaret Rogers Andy Daly Not present: Farrow Hitt Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Town Manager's Report. Nothing was reported. The third item on the agenda was the Planning & Environmental Commission (PEC)/Design Review Board (DRB) Update. During a review of the most recent meetings of the PEC and DRB, Chief of Planning Warren Campbell answered questions regarding the latest proposals to go before the two boards. No items were discussed in detail. The fourth item on the agenda was the Information Update. Nothing was reported. The fifth item on the agenda was Matters from Mayor & Council. Council made comments earlier in the day. The sixth item on the agenda was the First reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, and amending Special Development District (SDD) No. 39, Crossroads. On March 9, 2009, the PEC held a public hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 77 to 78 dwelling units. Upon review of the request, the PEC voted 6-1-0 (Pierce opposed) to forward a recommendation of approval of the request to Council. On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. The PEC recommended Council approves Ordinance No. 7, Series of 2009, on first reading. Staff did not support another tabling of this application. Gordon moved to table the item until May 19, with Foley seconding. The motion passed unanimously, 5-0. The seventh item on the agenda was the First reading of Ordinance No. 8, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Debt Service Fund of the 2009 Budget for the Town of Vail, Colorado. Town Manager Stan Zemler asked Council to approve the ordinance knowing he would return at second reading with a summary of the town's commitments and proposed projects. Gordon moved to pass the ordinance with Daly seconding. The motion passed unanimously, 5-0. The eighth item on the agenda was the Second Reading of Ordinance No. 9, Series of 2009, an Ordinance Amending Title 1, Administration, Vail Town Code by the Addition if a New Section, "Restitution Orders" to Chapter 4, General Penalty. The Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had. The victim of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. Rogers moved to approve the ordinance with Daly seconding. The motion passed unanimously, 5-0. The ninth item on the agenda was the Review of the proposed South Frontage Road Relocation Application (Ever Vail). Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused himself item and left the Council Chambers. The Vail Resorts Development Company (VRDC) is proposing to realign the South Frontage Road. As this road is owned and operated by the Federal Highway Administration (FHWA) via CDOT, the relocation must be approved by CDOT/FHWA. According to adopted CDOT application policies and procedures, the relocation application must be submitted by the town as the local government agency. All costs associated with the application and its review will be reimbursed to the town or paid directly by VRDC. Staff emphasized that an endorsement of the South Frontage Road relocation application submittal was not an approval of a development plan to construct the road and was only an acknowledgment of preliminary acceptance of the design drawings. Vail Resorts representative Tom Miller provided an overview of the proposal. During a pause for public comment John Moore spoke in support of the road's realignment. Daly clarified approval of the request was not approval for the Arrabelle Project. Daly moved to approve the application with Rogers seconding. The motion passed 3-1, with Foley voting against. Foley encouraged not allowing any further Vail Resorts projects to proceed until commitments from the Arrabelle at Vail Square Development Improvement Agreement are fulfilled. The tenth item on the agenda was Resolution No. 10, Series 2009, a resolution approving an Intergovernmental Agreement (an "IGA") between the Town of Vail, Colorado and the Colorado Department of Transportation ("CDOT") regarding the design of the relocation of the Vail Interstate 70 Frontage Road from Milepost 174 to Milepost 176 as part of what is referred to as the "Ever Vail" project. Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused himself and left the Council Chambers. As part of the Ever Vail project the town and CDOT will consider an initial design for the relocation of the Vail 1-70 Frontage Road from Milepost 174 to Milepost 176 referred to as the "Ever Vail" project. CDOT has estimated the total cost of the design review services that will be performed by CDOT pursuant to the IGA will be $20,000.00. The Vail Resorts Development Company (VRDC) will reimburse the town the full cost of any and all CDOT design review services provided. Rogers moved to approve the resolution with Daly seconding. The motion passed 3-1, with Foley opposed. The eleventh item on the agenda was Adjournment. Rogers moved to adjourn with Foley seconding at approximately 6:30 p.m. The motion passed unanimously, 5-0. The twelfth item on the agenda was Adjournment. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk