HomeMy WebLinkAbout2014-10-21 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, October21, 2014
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 Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tern
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
i
Staff members: Stan Zemler, Town Manager
Matt'Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation with input from several people as follows:
1. Chuck McConnell introduced himself as candidate for Colorado House of Representatives,
District No. 26 representing Eagle County, who then shared some background qualifications
and experience.
2. Jonathan Levine, Hummers of Vail, expressed concerns about Chief Henninger related to
transportation vendor licensing and how the town will handle Uber services offered in the
upcoming season. Mayor Daly responded that no further changes to the !ordinance would
be considered since there has not been any negative feedback received from the
community or service providers.
The second item on the agenda was the Consent Agenda items as follows:
1. Resolution No. 27, Series of 2014, Resolution approving Vail Local Marketing District 2015
Budget
Moffet moved to approve Resolution No. 27; Rogers seconded the motion. Bugby noted
concerns about the funding portion to Vail Valley Partnership for the group sales operations. He
noted the amount was 20% of the overall VLMD budget as too much to pay and requested
further review. Daly noted the VLMD budget discussion was already held at which time the
details of the budget were addressed. The motion passed (6-1; Bugby-opposed).
2. Resolution No. 28, Series of 2014, Snowberry Easement Exchange Agreement
Moffet moved to approve Resolution No. 28; Kurz seconded the motion and it passed
unanimously (7-0).
3. Proclamation No. 4, Series of 2014, A Proclamation Declaring November, 2-8, 2014
Childhood Cancer Awareness Week
Moffet moved to approve Proclamation No.4; Kurz seconded the motion and it passed
unanimously (7-0).
Town Council Meeting Minutes of October 21, 2014 Page 1
4. Proclamation No. 5, Series of 2014, A Proclamation Declaring October 19-25, 2014, As
National Friends of Libraries Week
Moffet moved to approve Proclamation No. 5; Kurz seconded the motion and it passed
unanimously (7-0).
The third item on the agenda was action as a result of the executive session. There were no
actions taken as a result of the executive session.
The fourth item on the agenda was the Town Manager's Report which included information
about the following:
1. Update about Vail Fire Chief Mark Miller's resignation and last day with Town of Vail as
November 7, 2015, and hiring of an interim Fire Chief, Steve Pishke, who has extensive
background and qualifications. It was noted the hiring process for a permanent replacement
would begin with the use of an appropriate search.
2. Update about tire check locations with some discussion about whether or not the town
would be able to provide this service; staff was asked to provide such service program. It
was noted there has been a great deal of collaboration already with CDOT to be more
proactive with education and enforcement on the 1-70 corridor in order to alleviate some of
the issues with closures, many of which are due to bad tires on vehicles.
The fifth item on the agenda was the presentation about a proposed draft program for
disposable bag waste reduction as reviewed by Kristen Bertuglia, Environmental Sustainability
Manager. It was noted the discussion was meant to obtain input on some of the proposed
elements of a possible ordinance. There was mention of the Environmental Sustainability
Strategic Plan, adopted by the Vail Town Council in 2009, which committed the Town to
reducing waste, reducing energy and carbon emissions, ensuring that the natural environment,
specifically air and water quality, are improved, and that public education and awareness has
increased. So in an effort to serve as environmental leaders, Bertuglia noted the town proposes
addressing single use plastic shopping bags as an environmental concern. A quick review of
the reasons why not to use plastic bags was made. After some additional information was
presented, Mayor Daly asked for public input:
1. Mike Dunahey spoke about his support of using reusable bags and has been doing so since
the 70s. He requested the town to please move forward with this effort.
2. Frank Barborek, resident, spoke about the use of different types of recycling bags made out
of differing products and there are pros and cons to using each of the different products. He
expressed concern about a plastic bag ban because of this reason and requested a
thoughtful approach to identifying many options that could be pursued.
3. Shawn Ruckman, resident, spoke on behalf of her employer Vail Honeywagon, and in her
role as Recycling Manager, she has familiarity with the recycling ordinance. She expressed
support of more education about the kinds of recycling bags available and a support of using
a fee to help fund the educational efforts on the topic.
4. Bob Maroney noted the many statistics and studies that exist with regard to the plastic bag
ban topic and encouraged the town to move forward doing the right thing by addressing a
ban on use of the bags.
5. Kim Langmaid, Walking Mountains Science School, expressed support to the Town of Vail
in making environmental decisions and serving as leaders in the community to move forward
with an ordinance.
6. Stephen Connelly, resident, spoke about some pros and cons that surround many studies
and encouraged the town to move forward with implementing its 2009 priorities established
Town Council Meeting Minutes of October 21, 2014 Page 2
in the sustainability document. He encouraged clear and strong language in the ordinance
that bans the use of these plastic bags.
7. Gwen Scalpello, resident, encouraged moving forward with banning use of plastic bags, but
was not supportive of then turning around and charging for brown bags.
8. Bob Boselli, local business owner, has joined in the effort to provide customers with other
options to the plastic bag and supported focusing on the banning of the use of plastic
grocery bags as a start, and then possibly expanding the ban to a broader retailer group.
9. Keith Eickelman, a vendor who sells bag products to retailers, spoke about resort
communities transitioning away from use of plastic bags and suggests a careful review
when doing so, noting that reusable products often cost more and are made oversees.
There was further review of Colorado Association of Ski Town's "Bag Challenge — 2010" with
some successful participation from Vail. Bertuglia also identified other items that have helped
provide context to the effort, such as the Bag It Movie — 2012, the White Paper presented to
Council in 2013, both Safeway and City Market are supportive of the effort, and support from the
Community Survey. There were a number of elements suggested to include with a disposable
bag ordinance as follows (Vail's Draft Program):
1. Ban on plastic, 10 cent fee on paper. (carryout bags only)
2. Applies to: grocery stores only (over 3,500 sq ft)
3. Applies to: carryout bags only (not produce bags)
4. Fees collected: 25% to stores, 75% to fund for waste reduction/education; Fee collected is
designated to environmental education and waste reduction, a portion of which is retained by
grocery stores for administration
5. May 1st effective date; A reasonable timeline for implementation
In addition some next steps were identified, 1) Draft ordinance revisions, 2) First reading
fall/winter 2014, 3) Community outreach/phase In period, 4) Implementation May 1, 2015.
Mayor Daly asked for Council input as follows:
Bruno asked for information about what Hawaii has implemented and suggested there is a
complete review of the pros and cons of the options. Moffet expressed there are areas of the
country that have been moving in this direction already. Kurz expressed support for moving in
this direction but with some reservations about charging a fee for other bags at the grocery
stores. Rogers spoke in favor of imposing a plastic bag ban for all the reasons discussed and
noted the right step to improving Vail's goal of environmental stewardship.` Chapin supported
the fee to support educational programs and supported the ban be imposed on both grocery
stores and retailers. Bugby spoke about the need to review the ban in relation to other larger
impacts or other kinds of garbage and how it does in contributing to clogging up landfills and he
opposed a fee. Daly supported the ban but does not support a fee on paper; bags, and sees the
town serving an educational role in the effort. Chapin doesn't necessarily support the fee but
thinks it might be needed in order to change the behavior. Rogers supports the fee and thinks it
necessary. Mayor Daly encouraged the town to stay sensitive to the guest driven resort that
Vail is as a community and thanked the public for their feedback and input on the topic. At this
time staff was asked to draft an ordinance for consideration at a future meeting.
The sixth item on the agenda was Resolution No. 2% Series of 2014, A Resolution Approving
an Emergency Response Services Intergovernmental Agreement Between the Town of Vail and
Eagle County; and Setting Forth Details in Regard Thereto, Matt Mire, Town Attorney, noted
that the Vail Fire and Emergency Services has historically provided emergency response
services for incidents outside town limits occurring on Vail Pass between mile markers 182 and
Town Council Meeting Minutes of October 21, 2014 Page 3
190 on Interstate 70. After many discussions, the Town and the County have agreed to enter
into a formal agreement whereby Vail Fire will provide for the town's continued provision of
emergency response services for incidents occurring on Vail Pass for 2015. Mayor Daly
highlighted some of their concerns with providing this service over the years in that the town has
spent well over $150K per year, the drain it has presented on the town's ability to staff these
scenarios and the impact of wear and tear on its vehicles. He hoped implementing this IGA
would be a considerable successful compromise on this matter. The Council thanked Fire Chief
Mark Miller for his effort in getting this headed in the right direction with the county and the
County Commissioners for their support. Bugby moved to approve Resolution No 29; Moffet
seconded the motion and it passed unanimously (7-0). There was no public input on this topic.
The seventh item on the agenda was Ordinance No. 15, Series of 2014, Second Reading,
Amending SDD8 as presented by Joe Batcheller, Community Development, an ordinance
repealing and reenacting the approved development plan for Special Development District No.
8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
the conversion of three commercial condominiums to three residential condominiums, located at
1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard
thereto. (PEC140033) On October 7, 2014, the Vail Town Council approved the first reading of
Ordinance No. 15, Series of 2014. After some discussion and concerns expressed related to
public benefit recommendations, Moffet moved to table the item until November 4, 2014; Chapin
seconded the motion. There was a request that the applicants provide a recommendation that
would help to develop an offsetting value to the passage of this ordinance, in other words
suggest a more favorable public benefit for the community. Chapin noted that tabling the item
would allow more time for some education about this type of request. Staff presented the
request and Matthew King, applicant, spoke about their inability to use the units successfully as
commercial units, noting that there really is not a financial windfall for them with the request, as
there would be substantial costs to convert them to residential units. He also suggested the
revenue generated by the units served as a town benefit. Mayor Daly noted the motion on the
table and the motion was approved (6-1; Kurz -opposed). There was a request for a site tour to
the property during the November 4th meeting. Mire reminded everyone that tabling the item
meant the public hearing would also be continued.
The eighth item on the agenda was Second Reading of Ordinance No. 16, Series of 2014, An
Ordinance Amending the Vail Town Code by the Addition of a New Section 6-3D-6, Prohibiting
the Use of Compressed Flammable Gas in THC Extraction in Town Vail; and Setting Forth
Details with Regard Thereto. Matt Mire, Town Attorney, noted since the adoption of
Amendment 64, Colorado residents are attempting to extract THC from their personal use
marijuana plants within their homes using compressed flammable gas as a solvent. Newly
adopted C.R.S. § 9-17-113 expressly authorizes municipalities to prohibit this practice. Moffet
moved to approve Ordinance No. 16; Kurz seconded the motion and it passed unanimously (7-
0). Mayor Daly invited public input on this topic; there was no public input.
Town Council Meeting Minutes of October 21, 2014 Page 4
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Kurz seconded. The motion
passed unanimously, (7-0) and the meeting adjourned 7:35 p.m.
Submitted,
Attest:
�ORgpo Andy Daly, Mayor
Patty ny, Clerk
Town Council Meeting Minutes of October 21, 2014 Page 5