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