HomeMy WebLinkAbout2015-01-20 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, January 20, 2015
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
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.
Jonathan Levine requested the town allow for additional kinds of transit services from the airport
per his handout, and to do so in a normal regulatory manner.
Michael Cacioppo also requested support from the town to allow for additional kinds of transit
services and requested the members observe the congestion at the transportation center. He
also spoke about free speech and the need to protect this civil liberty. He requested a longer
timeframe in which to give public input; Mayor Daly noted a 3 minute time limit will be allowed
during citizen participation.
The second item on the agenda was the Town Manager's Report which highlighted the town's
community meeting to be held March 31, 2015, and an afternoon meeting only on February 3,
2015 in order to allow council members and others to attend ceremonies for 2015 FIS Alpine
World Ski Championships.
The next item included an action from the earlier executive session held during the work
session. Moffet moved to direct staff to obtain a valuation report for town -owned property in
Phase 5 Village Inn and to prepare an ordinance to address current uses in town -owned stream
tract areas. Kurz seconded the motion and it passed unanimously (7-0).
The third item on the agenda was a presentation of strategies and policy options to reduce
single use disposable bag waste in Vail. Kristen Bertuglia, Environmental Sustainability
Manager, noted they are seeking Town Council policy direction for this topic. She began with
an introduction of Mark Hoblitzell, the town's new Environmental Sustainability Program
Coordinator. She shared a video with local community members highlighting the importance of
environmental issues and thanking all those involved with this kind of programming. She
introduced the Assistant Community Development Director from Town of Breckenridge, Mark
Town Council Meeting Minutes of January 20, 2015 Page 1
Truckey, who attended to present their programming on plastic bags. His highlights included
some of the difficulties and success of the program as follows:
✓ Program adopted in 2013 which included a 10 cent fee implemented in October 2014
✓ Applies to all retail businesses in Breckenridge
✓ Worked closely with lodging community to develop messaging about the program for visitors
& guests
✓ Purchase of recycled bags has served as great marketing tool
✓ Lodging community mostly supportive; retailers have had some issues but were allowed to
keep some of the fees
✓ Were aggressive about messaging and marketing of the program
✓ Locals got on board very quickly and supportive of the program
Michael Cacioppo questioned the town's survey process and associated the ban of plastic bags
as a loss of freedom. Mayor Daly called for a five minute recess after Cacioppo' s comments.
Additional public comment was taken from the following people who supported the town's effort:
Billy Suarez, Bart Longworth, Stephen Connolly, Brian Rodine, Shawn Beruckman. Bertuglia
highlighted the discussion which took place at the October 21st Council session when staff
presented a draft ordinance and recommendation for a disposable bag waste reduction policy
and highlighted staff recommendations that a disposable bag ordinance in Vail contain the
following elements:
1. Combination ban on plastic/fee on paper
2. $0.10 fee on paper bags
3. Applicable to grocery stores only (over 3,500 sq ft) in year one (carryout bags only), with an
optional phase -in of all retail stores in year two
4. Fee collected is designated to environmental education and waste reduction, a portion of
which is retained by grocery stores for administration for a limited time
5. A reasonable timeline for implementation
6. Implemented in combination with a robust education and messaging program
Council comments were heard at this time with Moffet and Bugby expressing concerns about
the legislation but did indicate they would possibly support a ban without the fee. Chapin
suggested phasing in a program and Rogers liked the program and would agree to phasing and
monitoring to make changes if necessary. Kurz, Bruno and Daly also supported the
programming as it speaks to Vail's priority of environmental sustainability, but they also wanted
to support getting people to primarily using reusable bags. Straw poll voting indicated most
council members favored a ban on single use plastic bags and a 10 cent fee on paper. They
also supported a phased approach to implementation of a program applicable to only grocery
stores first (by July 1) and retailers in a year or two. Some members preferred the fee collected
be designated to pay for environmental education and waste reduction programs; it was agreed
staff should return with more information on education and outreach programs.
The fourth item on the agenda was First reading of Ordinance No. 1, Series 2015, an
Ordinance amending Sections 4-1-4, 4-3-1-2 and 4-3-2 of the Vail Town Code to clarify the
Business License Fees for Short -Term Rentals within the Town and Requiring that Persons
Offering Apartment Hotel, Lodging House, Guest House or Guest Ranch Lodging Services
within the Town Must Post Their Sales Tax Account Number in all Advertisements. Kathleen
Halloran, Finance Director, presented the proposed legislation noting that during the December
2nd work session, Council reviewed staffs research and draft ordinance on a proposed
business license requirement for "RBO's", or Rental by Owner properties, with the objective of
improving compliance with the town's sales tax code and requiring this type of activity to
Town Council Meeting Minutes of January 20, 2015 Page 2
contribute to the cost of marketing and special events the same way all Vail businesses do. The
Town Code currently requires bed and breakfast and short-term rental establishments to pay
different business license fees that are calculated based upon the location of the business's
management office. Certain bed and breakfast and short-term rental establishments are
currently exempt from the Town's business license fees because such businesses maintain a
management office outside the Town. She spoke about staffs recommendation to creating a
"Zone 3" category for these businesses. Currently, Zone 1 encompasses everything from the
Cascade Village to Manor Vail on the south side of 1-70. Zone 2 is everything else (West Vail,
Sandstone, East Vail, etc.). Regarding the base business license fee and per unit fee, Zone 1
and 2 pay different rates. This is based on a 25% reduction for Zone 2 businesses.
Matt Ivy, Vail Racquet Club, commented on the ordinance and basis for the lodging
community's support of the legislation which is primarily to obtain some equity in lodging and
licensing for the industry. There was discussion about adding the need to get a license to those
RBOs that have more than 14 days per year. The basis for the request from the lodging
community and additional suggested revisions were provided by Bugby, such as: 1) keeping
base fee in all zones the same amount of $325; 2) keeping base fee for units in home at the
home occupation rate @ $150; and 3) consider keeping the per unit fee the same across zones.
There was some discussion about how to make the revisions for first or second reading in light
of the many suggestions provided. Mayor Daly accepted public input at this time.
✓ Michael Cacioppo expressed some confusion and asked for clarification as to how the
regulation applies to travel agencies and management companies working with property
owners.
✓ Kevin Foley supported the legislation reiterating their hopes of creating a level playing field
in the industry.
✓ Stephen Connelly asked that the licensing correlate to a simple fee structure.
There was agreement to make the revisions and come back with first reading of the ordinance
at the next council meeting.
The fifth agenda item considered was the Commission on Special Events (CSE) Appointment.
Kurz moved to appoint Shenna Engleman to the CSE to fill the vacancy left by Nicole Whitaker.
Moffet seconded the motion and it passed unanimously (7-0). It was noted the selection was
based on the candidates who interviewed during the December process when new members
were appointed due to expired terms.
The sixth agenda item considered was an update on the Ford Park Lower Bench, Restroom,
Playground and Betty Ford Way project with a request of the Town Council to award the
construction contract to RA Nelson LLC in an amount not to exceed $1,258,500. Greg Hall,
Public Works Director, requested the Town Council approve the revised project budget of
$1.41 M and then enter into a construction contract with RA Nelson LLC in an amount not to
exceed $1,258,500. It was noted the Ford Park Lower Bench project budget was $1.34M;
however, the project costs received from the contractor were over the estimates by $68,380.
He highlighted the specifics per the council packet memo noting cost increases were incurred
despite staff eliminating the vegetated roof as well as the stone planter on West Betty Ford
Way. There was some discussion with a request from Rogers to include pavers up to the
Frontage Road on the west side of the park. Moffet moved to approve the revised budget of
1 AM and authorize the Town Manager to enter into a contract with RA Nelson not to exceed
$1,258,500. The motion passed (6-1; Rogers — nay).
Town Council Meeting Minutes of January 20, 2015 Page 3
The seventh agenda item considered was the 1-70 Vail Underpass Project — Noise Wall
Preference Survey Decision -making Process. Tom Kassmel, Public Works Project Engineer
reminded the public the Town of Vail as: 1) land owner of the new Lions Ridge Apartments
(Timber Ridge) and representing the future tenants; and 2) land owner of the North Recreational
Trail Bike Path that runs along the North Frontage Road, it has been identified as the majority
Benefiting Receptor which will represent 34% of the final decision. The 69 Town of Vail surveys
will represent the interests of the owner/occupants/users of these two facilities. If more than
50% of responding Benefiting Receptors are in support of the noise wall (which includes Savoy
Villas, Breakaway West, Simba Run, Snow Fox, Telemark Townhouse, Vail Run) then the noise
wall will become part of the project. If the noise wall is not supported by the responding
Benefiting Receptors, then the project will move forward without the noise wall. At the January
6 Council meeting, the Council agreed to participate in the noise wall preference survey and
now the decision is to determine the process of completing the surveys. The Council has 69
surveys to complete, which will each count twice. As discussed at the last Council session, the
Council has two survey response options; in both options the Council is legally required to act
as one body as outlined below:
✓ Majority Rule: the Council may choose to respond with all 69 survey responses either for or
against the noise wall. This would be consistent with a typical Council action. The Council
would act on the survey with a majority rule motion and vote to respond either for or against
the noise wall.
✓ Split Rule: the Council may choose to respond with a split of the 69 survey responses. This
would not be consistent with a typical Council action, but it is permitted. The Council would
act on the survey with a motion that would specifically state the number of survey responses
that will be for and the number of survey responses that will be against the noise wall. If the
Council chooses to split the surveys it will be important to split the surveys in a manner that
will allow each survey to be properly completed. The 68 Lions Ridge Apartment surveys
could be split in a manner outlined below while the one bike path survey should be filled out
by majority rule since there is only one.
Mayor Daly asked for input on which option to use in their decision making process. Kurz
favored majority rule and Rogers, Chapin, Bruno favored split rule noting various reasons for
their preferences. Public input was welcomed at this time and both Charlie Calcaterra and Bob
Llewelyn supported a split rule decision making process. Further discussion included
comments about staying consistent with normal voting practices by using the majority rule or
aligning with how the community would more closely weigh in on the topic by using the split rule
decision making process. Rogers moved to support the split rule decision making process for
the noise wall preference survey; Chapin seconded the motion and it passed. (5-2; Bugby and
Daly — nay).
The eighth item on the agenda was the 1-70 Vail Underpass Project — Noise Wall Preference
Survey Decision. Prior to the decision being made, there were further comments about the
preference for a noise wall as follows:
Moffet supports noise walls but is concerned about escalating costs of the project
Rogers aligns with public input from Pat Larsen's email to council and is not supportive of
the noise wall
Bugby supports the noise wall and effort of trying to lessen the impacts of 1-70
Chapin does not support the noise wall
Bruno does not support the noise wall
Kurz did not support a noise wall and is interested in knowing if CDOT would assist in
funding it
Daly was concerned about the rising costs of the project
Town Council Meeting Minutes of January 20, 2015 Page 4
Public input included comments from the following people:
1. Rich Larsen was in opposition to the sound wall
2. Tracy Wong, Simba Run, opposed the noise wall
3. Carol Calcaterra opposed the noise wall
4. Bill Pierce, Simba Run, supported the noise wall
5. Charlie Calcaterra, opposed the noise wall
In summary both Moffet and Bugby supported a noise wall while all other council members did
not support a noise wall. In light of the council input, Moffet moved to cast 19 surveys in support
of a noise wall and cast 49 surveys in opposition to a noise wall on behalf of the Timber Ridge
property ownership. Bruno seconded the motion and it passed unanimously (7-0).
Moffet moved to cast 2 surveys in opposition to a noise wall which represented the bike path
ownership; Rogers seconded the motion and it passed unanimously (7-0).
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 Bruno seconded the motion which
passed unanimously, (7-0) and the meeting adjourned 9:30 p.m.
Attest:
Patty Mc en , T w k
Respe cifuy ubmitted,
Andy Daly, Mayo��
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Town Council Meeting Minutes of January 20, 2015 Page 5
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