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HomeMy WebLinkAbout2015-02-17 Town Council MinutesVail Town Council Meeting Minutes Tuesday, February 17, 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 the swearing in of the new Fire Chief Mark Novak by Town Clerk Patty McKenny. Town Manager Stan Zemler then recognized Councilmember Jenn Bruno and Community Information Officer Suzanne Silverthorn for their roles and participation in the 2015 FIS Alpine World Ski Championships serving as the heads of the awards committee and the Joint Information C enter (JIC) respectively. The second item was on the agenda was Citizen Participation and no comments were made. The third item on the agenda was the consent agenda as follows: 1) Proclamation No. 1, Series of 2015 One Book, One Valley 2015 Mayor Pro Tern Ludwig Kurz read the proclamation at this time and Lori Barnes, Vail Town Librarian, spoke about some of the program highlights and book previews of The Cold Dish" by Craig Johnson. Moffet moved to approve the proclamation; Kurz seconded the motion and it passed unanimously (7-0). 2) Minutes from January 6, 2015 meeting Moffet moved to approve the minutes; Kurz seconded the motion. Bugby requested a revision to the minutes related to his comments about the maintenance impacts for the acrylic noise wall in relation to Gore Creek. The motion passed unanimously with suggested revisions (7-0). 3) Minutes from January 20, 2015 meeting Moffet moved to approve the minutes; Kurz seconded the motion which was approved unanimously (7-0). The fourth item on the agenda was recognizing the earlier executive session held during the work session; there was no action taken at this time. Moffet noted the discussion included the topic of possibly leasing town owned space as there has been interest from several groups about opening a grocery store in the village. Town Council Meeting Minutes of February 17, 2015 Page 1 The fifth item on the agenda was the Town Manager's Report 1. Vail Municipal Site Redevelopment - Pros and Cons (Memo only) Zemler confirmed there would be no further evaluation done on relocating the municipal building to the Chamonix site; Council members were comfortable and supportive of the information presented and that the Chamonix site was not the appropriate location. 2. The Vail Community Meeting is scheduled for March 31, 2015. The sixth item on the agenda was Resolution No.5, Series of 2015, a resolution allowing for a one-year administrative extension to the lapse of approval for the Cornerstone Residences Approved Development Plan which is set to expire June 1, 2015, and setting forth details in regard thereto. Moffet moved to approve Resolution No. 5; Bugby seconded the motion. There was no public comment on the item and the motion passed unanimously (7-0). George Ruther, Director of Community Development, confirmed the council would review the application with an ordinance as final approval of the development plan. The seventh item on the agenda was the Vail Valley Medical Center (WMC) Site Specific Redevelopment Master Plan with a continued discussion regarding the adoption of the Vail Valley Medical Center Site Specific Redevelopment Master Plan (WMC MP) and amendments to the Vail Land Use Plan. Specifically, this public hearing was noted to focus on a presentation by the applicant, helicopter consulting experts, and staff on the proposed on -site emergency helipad. George Ruther, Director of Community Development, Warren Campbell, Chief of Planning, and Tom Braun, Braun and Associates were presenters on this topic. Ruther summarized a multitude of topics that surround the review and decision -making process that will take place the next few meetings. It was noted the evening's agenda on the helipad topic would address the following: 1. Introduction & Opening Remarks Doris Kirchner, President / CEO, WMC, spoke about their mission in saving lives and the need for the medical helipad services to occur in only time sensitive cases and all safety precautions addressed. 2. Physician's Perspective - Dr. Reg Franciose & Dr. Jerry Greenberg & Dr. Jenna Rosenthal Information presented by the emergency room physicians addressed the following topics and supported their request to relocate the helipad and summarized that it is all about exceptional services and improved patient care: ■ Helicopter transport destinations, Helicopter transfer cases for 2012-13, Medical transfers (both helicopter & ambulance) 2013 • Noted the many criteria set forth to meet including federal and state compliance requirements and board of medical examiners involved with the guidelines and context for helicopter transports ■ Risk & safety measures were noted and how that contributes to helicopter transports and related risks and benefits ■ Comments about "time symptom onset to treatment" supporting the need for some cases which require a helicopter transport ■ Spoke about need to have this service for children's cases that require highly sensitive level 4 case — at risk patients 3. Paramedics Perspective — Chris Montera, Chief of Clinical Services for Eagle County Paramedic Services The presentation covered a review of the paramedic services related to helicopter operations. Town Council Meeting Minutes of February 17, 2015 Page 2 Tom Braun, Braun and Associates, introduced the next two topics as follows: 4. HeliExperts International LLC - Rex Alexander Such items addressed included: Regulations and Guidance on Heliports, Hospital Heliports Safety Record, Heliports in Colorado, Basic Heliport Design Criteria (touchdown & liftoff areas), Urban Rooftop Hospital Heliports in the U.S. (final approach and takeoff area and safety area), Basic Heliport Airspace Criteria, VVMC Heliport and Airspace Proposal, Noise Comparison , Operational Considerations, and Impact on Neighboring Building Heights. In addition, the considerations evaluated included: Regulations, Advisory Circulars, and Best Practices, all of which assisted them in adopting the most conservative standards. He reviewed information related to the FAA airspace — straight -in and curved approach/departure path, and additional details of what was evaluated in order to determine the best location for a helipad location. In addition the prevailing local wind conditions were evaluated. This presentation suggested that a review was made of all four sites and the criteria were applied to each location. In summary site A which was closest to the South Frontage Road was determined to be the best location and was most respectful of the public domain areas. There were also diagrams shown that addressed: 1) VVMC proposed airspace and heliport airspace along with a shift of the heliport if the location were changed slightly due to a land swap between Evergreen Lodge and VVMC, 2) the recommended flight paths comparison and 3) details surrounding the noise comparison along with an approach angle evaluation. He also spoke about the flight profiles at the current heliport and there was a table presented that identified some of the current and proposed highlights to the components of the helipad. 5. Pilot's Perspective - Caycee Batterson This perspective addressed the history of the helipads, and industry born in Colorado, the pilot certifications required for high altitude helicopter flying, the increasing popularity of rooftop helipads, the culture and safety aspects of the industry, several safety statistics that are a result of safety inspections and regulations that have been put in place. He also strongly supported placing a weather station in the valley as it would be very beneficial to the community. 6. Helipad Building - Russ Sedmak, Heery Design Mr. Sedmak presented several slides showing the proposed helipad building, surrounding roadways and medical campus along with a description of the three floors to the building and the purposes of each level noting a 75 foot height to the building. The site diagrams showed the proposed changes to the medical campus and transporting route to the helipad location. The presentation was concluded at this time with Tom Braun noting the proposed location on the South Frontage Road as an ideal location as supported by the many consultants, VVMC personnel, and community with public input from many who see this as a needed service. Ruther reminded Council this was not the time for approving either the design or location as there would be more review when the applicant submits their conditional use permit application. It was noted the revised master plan for VVMC would be approved with one action from Town Council and final consideration of the plan is scheduled for the March 17 meeting. Mayor Daly opened the hearing to public input at this time and a couple of people spoke in support of the helipad location and services provided by VVMC in light of direct benefit of the services, such as David Bentley, Ed Swinford and Mark Heron. Others presented some concerns about the location of the helipad, such as Ronald Snow and Covell Brown, who cited the neighborhood is too greatly impacted by noise, there is not a protective zone, the FAA does not recommend this location in neighborhoods. Jim Lamont, Vail Homeowner's Association, commented on the need to understand the baseline decibel level and noise impacts and noted an article called "price of refusal" addressing pilots decision making in regard to these services provided. Town Council Meeting Minutes of February 17, 2015 Page 3 The public hearing was closed for this topic at this time. Ruther submitted for the record public input from Kathleen Mayer. He closed by saying no decision was to be made at this time; he highlighted the next steps and thanked council for their time listening to all the information presented. Ray Stanton, Aviation Safety specialist, who was hired as the town's consultant to review all the materials, addressed the council at the request of Mayor Daly. He noted that many questions have been addressed and he had nothing further to add as his conclusion was there are no particular matters or topics that concern him at this time. Moffet moved to continue the hearing until the March 3, 2015, council meeting; Kurz seconded the motion and it passed unanimously (7-0). The meeting reconvened at 9:25 pm after a 5 minute break. The eighth item on the agenda was First reading of Ordinance No. 1, Series 2015, an Ordinance amending Sections 4-1-2, 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 ordinance highlighting ordinance components: ■ All short-term rental establishments, regardless of location of the management office would be required to pay a business license fee, currently proposed at $325 annually, with the per unit rate based on location of the rental unit ($17/unit in Zone 1 and $12.75/unit in Zone 2). The new "out of town" businesses paying this business license fee would be considered Zone 3 for the base rate charged. See the chart below for further clarification: f 2 3 k-e6600 r* 2v Per um fee $12. E unon knlicn of mntal unit{s) fdowmg Arne i and 2 fee shucnxe Zone 1 is defined as located from Cascade to Manor Vail south of 1-70; Zone 2 is defined as all other areas in town boundaries. Zone 3 is defined as out-of-town areas. Owners renting two units or less, who are currently exempted from business license fees, would now be required to pay an annual business license fee of $150 if the unit(s) are rented more than 14 days per year. This is the same license fee charged to businesses categorized as "Home Occupation". This requires rental by owner, or "RBO" short-term rentals to include a sales tax account number on all advertisements. There was discussion about an effective date as either the first of the year 2015 or September 2015 as supported by the finance department in order to complete some education outreach. After some further discussion about the licensing for more than 14 day rentals, it was decided to keep this as part of the ordinance. Moffet moved to approve Ordinance No. 1, Series of 2015; Bugby seconded the motion and noted some input from the lodging community. Public input was invited and hearing none there was unanimous support of the motion (7-0). The ninth item on the agenda was First Reading of Ordinance No. 2, Series 2015, an ordinance adopting Chapter 13 of Title 5 of the Vail Town Code establishing disposable bag requirements, including a disposable paper bag fee and providing for the collection and designation of such fee. Kristen Bertuglia, Environmental Sustainability Manager, presented the background with this item as an ordinance that was addressing single use plastic shopping bags as an environmental concern as one way many communities across the world have attempted to fulfill waste diversion goals similar to those adopted by the Town of Vail. She presented Ordinance No. 2 which sets forth Phase 1 of the Town's Kick the Bag Habit Program prohibiting grocers from providing single use disposable plastic carryout bags at the point of sale, and requires a fee of $0.10 be applied to single use paper carryout bags. It was noted that Phase 2 of Town Council Meeting Minutes of February 17, 2015 Page 4 Ordinance No. 2 will apply to all retail stores within town boundaries. The details of the ordinance were outlined in the council memo and summarized as follows: 1. A phased approach in which the policy would apply to grocery stores in year one and all retail stores in year two 2. A ban on single use disposable plastic bags 3. A $0.10 fee on paper bags 4. A fully defined and environmental use for the portion of the $0.10 fee that is retained by the Town of Vail 5. A reduction in the percentage of fee allowable for retention by the grocery stores over time 6. A fully supported program in which the Town provides education, outreach, and reusable bags 7. A Phase 1 effective date of August 1, 2015 8. A Phase 2 effective date of August 1, 2016 { There was council input on the ordinance as follows- I� Daly proposed not charging for the paper bag )tin favor of the % split between the Town and the grocery store. Rogers supported a program that would promote behavior'chatige trying to keep it simple for grocers and for retailers during phase 2. Moffet expressed concern that the fee looks like a`taX aiid inquiring what the funds would be used for, something specific or general Mire noted the fee collections must be earmarked for certain expenditures and noted his legal opinion that this is not considered a tax and the legislation drafted complies with Colorado State Statutes. Rogers moved to approve Ordinance No 2, Series of 2015; Kurz seconded the motion. Further input was given by council members: Bugby expressed concerns and was not necessarily supportive of the approach but noted he wanted to rid us of the single use plastic bags as he would prefer to ban the plastic and be done Chapin spoke about the need to phase the program with some fee, banning plastic, and noting the younger generations expect this effort. Bruno requested there should be a fee for paper as it also has a carbon footprint and is against sharing the fee, prefers a fee imposed on both paper & plastic and to allow grocers to keep the money. Mayor Daly asked for public input at this time and Gwen Scapello, resident, requested that careful consideration be given to identify what reusable bags are acceptable. Mayor Daly asked for further review of this request. The motion was voted upon and passed. (4-3; Bruno, Bugby, Moffet - opposed). There were requests to consider on second reading a 1) fee on both paper and plastic, and 2) a review of municipalities where this legislation has been adopted to see if behavior has changed. Town Council Meeting Minutes of February 17, 2015 Page 5 The tenth 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 which passed unanimously, (7-0) and the meeting adjourned 9:55 p.m. Respectful) ubmitted, Attest: Andrew P. Da ayor Patty a ny, o erk �O 4�OF' SEAL joRP Town Council Meeting Minutes of February 17, 2015 Page 6