HomeMy WebLinkAbout2024-09-17 Agenda and Supporting Documentation Town Council Afternoon Meeting1.Call to Order (1:45pm)
2.Presentation/Discussion (1:45pm)
2.1 Single Use Plastic Student Presentation (1:45pm)20 min.
Listen to presentation and provide feedback.
Presenter(s): Declan Cunningham, Vail Mountain School
Student, Aidan Kinsley, Walking Mountains Intern & Graduate
from Colorado College, and Beth Markham, Environmental
Sustainability Manager
Background: This student-lead presentation is a follow up on a
request to address single use plastic waste in Vail. It provides
information on single use plastic policy other peer-resort
communities have implemented.
2.2 Spruce Beetle Mitigation Update (2:05pm)10 min.
Listen to presentation and provide feedback.
Presenter(s): Paul Cada, Wildland Battalion Chief
Background: The purpose of this memo and presentation is to
provide Council with awareness and a plan of action for a
newly identified Spruce Beetle infestation of Town of Vail
owned stream track property.
2.3 Adoption of Building and Fire Code Update (2:15pm)45 min.
Listen to presentation and provide feedback.
Presenter(s): Daniel Brown, Chief Building Official and Deputy
Chief Ryan Ocepek, Vail Fire Department
Background: The purpose of this presentation is to provide
information to the Town Council regarding the adoption of the
most recent building and fire code editions. The building and
fire codes adopted by the Town are intended to provide
minimum requirements for a reasonable level of safety, health,
and general welfare to the citizens of the Town.
VAIL TOWN COUNCIL MEETING
Afternoon Session Agenda
Town Council Chambers and virtually by Zoom.
Zoom Meeting Link: https://vail.zoom.us/webinar/register/WN_4JX9Xrf-TWmp08SK4w_55g
1:45 PM, September 17, 2024
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Declan and Aidan Single-Use Plastic Presentation
Single Use Plastic Research Matrix Student Research
TC Memo Stream Track Spruce Beetle Management 09-17-2024
TC Memo Building and Fire Code Update Afternoon Session
1
3.DRB/PEC (3:00pm)
3.1 DRB/PEC Update (5 min.)
4.Information Update (3:05pm)
4.1 August 5, 2024 AIPP Meeting Minutes
4.2 August 27, 2024 VLHA Meeting Minutes
5.Matters from Mayor, Council, Town Manager and Committee Reports (3:05pm)
5.1 Matters from Mayor, Council, and Committees (15 min.)
5.2 Town Manager Report (5 min.)
5.3 Council Matters and Status Update
6.Executive Session (3:25pm)
(90 min.) Executive Session pursuant to:
1. C.R.S. §24-6-402(4)(a) - to consider the purchase, acquisition, lease, transfer or sale of
any real, personal or other property interest, §24-6-402(4)(e) to determine positions
relative to matters that may be subject to negotiations, develop a strategy for
negotiations and instruct negotiators and on the topics of: 1. Potential Real Property
Acquisitions by the Town; and 2. The Second Amended and Restated Development
Agreement between the Town of Vail and Triumph Timber Ridge LLC, dated July 26,
2024
7.Recess 4:55pm (estimate)
2024 Building and Fire Code Adoption TC Presentation 09172024
PEC Results 9-9-24
DRB Results 9-4-24
August 5, 2024 Minutes
2024-08-27 VLHA Minutes
240917 Matters
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vail.gov. All town council meetings will be streamed live by High Five Access Media and available
for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access
Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
2
AGENDA ITEM NO. 2.1
Item Cover Page
DATE:September 17, 2024
TIME:20 min.
SUBMITTED BY:Beth Markham, Environmental Sustainability
ITEM TYPE:Presentation/Discussion
AGENDA SECTION:Presentation/Discussion (1:45pm)
SUBJECT:Single Use Plastic Student Presentation (1:45pm)
SUGGESTED ACTION:Listen to presentation and provide feedback.
PRESENTER(S):Declan Cunningham, Vail Mountain School Student, Aidan Kinsley,
Walking Mountains Intern & Graduate from Colorado College, and
Beth Markham, Environmental Sustainability Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Declan and Aidan Single-Use Plastic Presentation
Single Use Plastic Research Matrix Student Research
3
Single-Use
Plastics
By: Declan and Aidan
4
Intros: Why us?
Declan Cunningham:
●Junior at Vail Mountain School
●Very interested in banning single-use plastics
●Lived in Eagle County for whole life
Aidan Kinsley:
●Walking Mountains Sustainability Intern
●Recent Colorado College Graduate
●Works with Eagle County waste streams on a daily basis (including Vail events: Vail Farmers Market,
GoPro Mountain Games, Craft Beer Festival, Vail Wine Classic, Oktoberfest, etc).
5
Vail is a Leader in Sustainability: Why here?
●Recycling Ordinance in 2014
○Required recycling- residential and commercial.
●Plastic Bag Ban and 10-cent Bag Fee implemented at grocery stores in 2015
○Setting a precedent the state would eventually make universal.
●Town of Vail Sustainable Destination Mountain IDEAL certification in 2018
○Recertified in 2021, 2024.
○First in the US to be certified now followed by Park City, Aspen, and Breckenridge.
●Colorado House Bill 2021-1162: Plastic Pollution Reduction Act in 2021
○January 1, 2023: Required carry out bag fee to all retailers.
■Vail increased bag fee to 25-cents (split).
○January 1, 2024: Prohibits single use plastic bags at all retailers and polystyrene to go
containers at restaurants.
○July 1, 2024 local municipalities can start making regulations on single use plastics
(pre-emption lifted).
●This is not new to the community
○Vail has long been a leader in sustainability.6
What is the Cause for Concern?
Health Risks
●Microplastics
○Plastic essentially never breaks down completely.
■In our food, air, and water
○Breaks down into smaller and smaller pieces until it finds its way into human lungs and bloodstreams.
Environmental Risks
●Water quality
●Town of Vail sustainability goals
●Gore Creek
○Bioaccumulation - same principle that brought DDT up the ecosystem.
○Laboratory studies of fish have found plastics can cause harm to reproductive systems and stress the liver.
Effects
●A multitude of different chemical combinations - difficult to track what combinations of benign vs malignant.
●88% can leach into water.
●Scientists agree that microplastics are everywhere, including our bodies, and implore us to research more to understand
microplastics repercussions.
Recycling Challenges
●Only 9% of all plastic produced is recycled and over 350 million tons of plastic is created each year.
●Downgraded by the recycling process until it is no longer recyclable.
●“Solo Style” cups are never recyclable in this valley.
7
What are our Peer Resort Communities Doing?
Frisco
●January 2024: Passed Ordinance 23-18
●Banned sale or use of single use plastic water bottles or single use plastic cups in any Town owned, leased or operated
facilities, and at any special event
●July 1, 2024: Banned sale of single use plastic water bottles < gallon by any business or commercial enterprise.
●To-go serviceware provided by restaurants upon request only.
○Includes: utensils, chopsticks, packaged condiments, napkins, straws, stirrers, splash sticks, and cocktail sticks,
designed for a single-use.
Challenges
●Small businesses worried about finding plastic
alternatives.
●Worried about increased cost to the business.
●Safeway, Walmart, and Whole Foods, were fairly angry,
City Market shared that 12oz plastic water was their
number one revenue product. They complained that this
is what their customers want.
Solutions
●A lot of alternatives exist (Aluminum, glass,
reusable bottles).
●Pass along cost so the customer pays the
difference.
●Businesses can keep selling water, just not in
single use plastic containers < gallon.
8
Telluride
●November 2022: Passed an ordinance banning almost all forms of single use plastic
○polystyrene food containers
○plastic straws
○single use plastic water bottles < gallon
○plastic cutlery
○Miscellaneous:
■Toothpicks wrapped in plastic, cotton swabs made with plastic, plastic garnish spears, plastic
condiments packets
○Upon request only:
■Condiment packets, napkins, and cutlery
●Timing
○Went into effect July 1, 2024
○State of Colorado House Bill 2021-1162 (“HB 21-1162”) lifted plastics pre-emption July 1, 2024
●Exemptions
○Bans on single use water bottles are lifted in times of emergency
○Pharmaceutical drug, medical devices, and dietary supplements
●Enforcement
○Warning for first violation; fines for subsequent violations 9
Breckenridge
March 2023:
●Ordinance 12-23 passed- phases out certain single-use plastics from food serviceware and beverage containers.
May 4, 2023:
●Skip the Stuff- food establishments must offer all serviceware (forks, knives, spoons, napkins, straws, stirrers, etc) and
condiments by request only; allows self-service stations.
●Prohibits single use plastic water bottles (under a gallon) and food serviceware from Town facilities and permitted
events.
July 1, 2024
●Prohibits the sale of single use plastic water bottles under a gallon in all businesses.
●Phase 2 of Skip the Stuff: eliminates single use plastic options for serviceware and containers; Condiment packages
and condiment containers allowed by request and only exemption.
Good at To-Go Campaign - to educate residents, visitors, and businesses.
10
Who Else has Ordinances in Place?
South Lake Tahoe, CA
●October 2022: ordinance prohibiting single use plastic water bottles < gallon in size (exceptions for emergencies).
○Phased ban into effect April 22, 2023 (city facilities and events) and April 22, 2024 (commercial vendors).
●Requires single-use plastic food service ware items may only be provided upon request.
○Cups, bowls, plates, trays, cartons, clamshell containers, cup lids, utensils (forks, knives, spoons, and sporks),
chopsticks, straws, stirrers, plastic condiment cups and packets.
●Polystyrene ban in place
○Food may not be served or provided in polystyrene containers.
○Sale of polystyrene products is prohibited.
Truckee, CA
●January 23, 2024: Adopted the Single-Use Plastic Bottle and Paper Carton Ordinance
○prohibits the sale and commercial distribution of unflavored, non-carbonated water in single-use plastic
bottles and paper cartons under a gallon in size beginning April 22, 2025.
11
Town Council 5-year Strategic plan: How does
this align with our goals?
●E. Strategic Priority - Environmental Sustainability:
○Our sensitive alpine environment supports our economy, and the Town must continue to be a
responsible steward of our sensitive natural resources and should continue to be a leader in
environmental sustainability for mountain resort communities across the world.
●Desired Results:
○E.1 By 2029, Gore Creek is no longer a 303(d) listed impaired waterway which would reduce near term risk
of losing the gold medal fishery status.
○E.2: By 2027, Vail and its partners have a cohesive wildlife/environmental management plan that 7
identifies Vail’s role in sustaining ecosystem biodiversity in its various habitats.
○E.3: Reduce 2014 baseline carbon emissions by 25% by 2025, 50% by 2030, and 80% by 2050.
●Plastic made from fossil fuels
○10% of GHG emissions in Vail are attributed to waste.
12
What is our Ask?
●For the Vail Town Council to direct staff to work towards developing a single use
plastic ordinance that fits our community.
●Specific interests:
■Prohibit single use water bottles under a gallon in size.
■Consider prohibiting other single use service-ware plastics like cutlery,
straws, single use cups, etc.
13
Sources:
https://slidesgo.com/theme/reusing-plastic-bottles-workshop#search-plastic&position-1&results-27&rs=search&rs=search
https://telluride.municipal.codes/TMC/7-8-70
https://www.sustainablebreck.com/goodattogo
https://www.sustainablebreck.com/post/are-you-good-to-go-plastic-free
https://www.nature.com/articles/s41591-024-02968-x
https://www.nationalgeographic.com/environment/article/microplastics-are-in-our-bodies-how-much-do-they-harm-us?logg
edin=true&rnd=1725992819846
https://www.lovevail.org/dashboard/energy-climate
https://www.cityofslt.us/2267/Plastic-Waste
14
Location
Peer Communities Plastic
Straws
Plastic
Cups
Plastic to go
ware
Single use
water
bottles
Polystyrene
Specific
Condiment
Packets
Plastic
skewers
Cotton
Swabs
Plastic
wrapped
Toothpicks
Breckenridge, CO
On July 1st, 2024 Breckenridge, CO banned the sale of single use
plastic water containers less than 1 gallon in size and ended
restaurants ability to use plastic to go containers and silverware
through Town Code: Title 5 Chapter 1-13 Ordinance NO. 12, Series
2023. Single use countainers under 1 gallon of size are to be replaced
by aluminum counterparts. In addition, the SustainableBreck Plan
recommends the Town consider a prohibition on all single-use plastic
beverage containers by 2024 to help achieve 20% source reduction of
municipal solid waste. To that end, we are seeking input and feedback
from local businesses on the feasibility and impact of this proposal.
Local businesses are invited to the Local Business Roundtable to
provide feedback. The town also provides a map of all water refill
stations.
https://breckenridge.town.codes/Code/5-12-6
https://www.summitdaily.com/news/as-breckenridge-
introduces-plastic-bans-town-staff-roll-out-a-campaign-to-get-
the-community-and-visitors-on-board/
https://www.townofbreckenridge.com/Home/Components/Ne
ws/News/2247/32 file:///C:/Users/Aidan/Downloads/State-of-
Recycling-and-Composting-2023-Report_Eco-
Cycle_CoPIRG_web-2.pdf
X X
Frisco, CO
Active July, 1st 2024 Frisco banned the use of single use water bottles
and cups in all government owned locations and their comercial use
and businesses and commercial entities. They continue to ban all
resturants form using polystyrene (commonly known as styromfoam)
to go containers and required all resturants to only provide silverware
on to go orders when specifically requested by customer.
https://library.municode.com/co/frisco/ordinances/code_of_or
dinances?nodeId=1230456 X X X X
South Lake Tahoe, CA Introduces a ban on single use plastic bottles smaller than a gallon and
removes exemptions for polystyrene to go containers.
https://www.cityofslt.us/2267/Plastic-Waste Exec
Summary- https://legistarweb-
production.s3.amazonaws.com/uploads/attachment/pdf/1562
290/Item_8_-_Executive_Summary.pdf
Updated Ordinance- https://legistarweb-
production.s3.amazonaws.com/uploads/attachment/pdf/1545
575/Ordinance_Amending_Chapter_4.175__Single-
Use_Plastics_.pdf
Staff Report- https://legistarweb-
production.s3.amazonaws.com/uploads/attachment/pdf/1545
572/Staff_Report_on_Single_Use_Plastics_Ordinance_Amendm
ents.pdf
X X X
Telluride, CO
Telluride has outlawed businesses from using; polystyrene food
containers, plastic straws, single use plastic water bottles, plastic
cutlery, toothpicks wrapped in plastic, plastic cotton swabs, and single-
use condiment packets.
https://telluride.municipal.codes/TMC/7-8-10 X X X X X X X X X
Steamboat Springs, CO
Events that require a special city permit are also required are offered
finacial incentives and training to reach certain sustainability critera.
To qualify for the incentives the event must have; provided water refill
stations, use resusable, recyclable, or compostable service ware, and
provide staffed zero waste stations
https://www.steamboatsprings.net/1301/Sustainability-
Incentives
Banned Plastics
Ban or Ordinance Resource
15
Truckee, CA
On January 23rd, 2024 the Town of Truckee adopted the Single-Use
Plastic Bottle and Paper Carton Ordinance. The ordinance prohibits
the sale and commercial distribution of unflavored, non-carbonated
water in single-use plastic bottles and paper cartons under a gallon in
size beginning April 22, 2025.
https://www.keeptruckeegreen.org/commercial-waste-
recycling/single-use-bottle-
reduction/#:~:text=On%20January%2023rd%2C%202024%20th
e,size%20beginning%20April%2022%2C%202025.
X
Aspen, CO
Aspen did not pass an actual ordinance, but they did work with local
resteraunts to transition into providing straws only when requested
rather succesfully. Within six months they saw an 80%-90% reduction
in straw usage
file:///C:/Users/Aidan/Downloads/State-of-Recycling-and-
Composting-2023-Report_Eco-Cycle_CoPIRG_web-2.pdf X
Basalt, CO Basalt has installed water refill stations outside their town hall and
promotes the enviromental benefit of refilling reusable water bottles https://www.basalt.net/273/Drinking-Water-Filling-Station
Cities
Cape Cod, MA
In 2020 the Commercial Single-use Plastic Water Bottle Ban was
inititated in multiple Cape Cod towns which eliminated the sale of non-
carbonated, non-flavored water in single-use plastic bottles of less
than 1 gallon in size within the jurisdictional area of a town.
https://sustainablepracticesltd.org/bottle-ban
X
Cape Cod, MA
Fall of 2021, Brewster, Wellfleet, Falmouth, Harwich, Orleans and
Provincetown banned single-use plastic water bottles. Other towns
will be implemented in 2022.
https://www.capecodtimes.com/story/news/2021/09/13/plasti
c-water-bottle-bans-take-effect-several-cape-towns-businesses-
react/5752131001/
X
Los Angeles, CA
On May 1, 2023, a ban on single-use plastics went into effect for
restaurants with permanent locations in unincorporated areas of Los
Angeles County. The ban was originally passed in April of 2022 by the
Los Angeles County Board of Supervisors, with enforcement rolled out
based on the type of establishment. Banned: single use food service:
utensils, cups; Dine in requires durable, reusable serviceware; LA
banned polystyrene in 2022.
https://www.drinkflowater.com/blog/single-use-water-bottles-
banned-in-la/X
Denver, CO
Restaurants must provide single use service where for to go orders
exclusively upon request by the customer
https://library.municode.com/co/denver/codes/code_of_ordin
ances?nodeId=TITIIREMUCO_CH2AD_ARTXIXOFCLACSURE_DIV
3RESIEAC
X
X
X
X
X
https://www.sfgate.com/travel/article/SFO-plastic-bottle-ban-
14276953.php
New York City, NY
Concord, MA
In 2016, they passed a ban on businesses to sell plastic water bottles
that hold up to 21 ounces. Violators face up to a $1000 fine.
https://recycle.ab.ca/newsletterarticle/san-francisco-becomes-
the-first-city-to-ban-sale-of-plastic-bottles/
Executive order: sales ban on single-use plastic bottles on city-owned
property or leases
https://www.theverge.com/2020/2/7/21127981/new-york-city-
single-use-plastic-bottle-ban
In 2012, they banned sales of single-serving water bottles of 1 liter or
less. First offense earns a warning, the second gets a $25 fine, third+
equals a $50 fine (this might have changed - seems outdated).
Exemption during emergencies.
San Francisco International Airport will ban the sale of water in plastic
bottles starting on Aug. 20 as part of an ongoing effort to eliminate
single-use plastic used or sold on municipal property. The airport is
owned by the city and county of San Francisco. -- can sell in aluminum,
glass or BPI certified compostable bottles.
https://concordma.gov/DocumentCenter/View/2022/Water-
Bottle-Bylaw-Attorney-General-Final-Decision-PDF?bidId=
San Francisco, CA
16
Townships surrounding
Philidelphia
A number of townships outside of Philidelphia have instituted local
ordinances requiring straws only be provided upon request, bans on
plastic straws, bans on polystyrene containers, bans on plastic utensils,
and requiring that plastic utensils only be provided upon request.
https://environmentamerica.org/pennsylvania/resources/penn
sylvania-local-laws-reducing-plastic-waste/X X X
Cupertino, CA
Starting September 6, 2023 the city of Cupertino is outlawing single-
use plastic foodware. This includes but is not limited to, cups, plates,
bowls, trays, take-out containers, single-use carry-out bags, stir sticks,
straws, and utensils. All to-go containers are to be compostable, all
dine-in where is to be durable to compostable, and most take out
accessories must be requested for, however, there are exemptions for
drive-throughs.
https://www.cupertino.org/our-
city/departments/environment-sustainability/single-use-
plastics-ordinance
X X X X X
San Diego, CA
This ordinance bans the use of most polystyrene and states that both
fossil fuel based plastic and compostable plastic cups must only be
provided upon request.
https://www.sandiego.gov/environmental-
services/recycling/pf-ban X X
States
California
Phase out in single use plastic food packaging in 2022; Requires all
food packaging to be recyclable or compostable by 2034. Banned
single use plastic water bottles and paper cartons less than one gallon
for non-carbonated, unflavored water statewide; Goes into effect
2025.
https://www.keeptruckeegreen.org/uncategorized/bye-bye-
plastic-banning-single-use-plastic-water-
bottles/#:~:text=The%20ban%20applies%20to%20non,%2C%20
2025%20(Earth%20Day).
X
Policy options
Upstream sample policy
A framework for policy restricting the use of single use plastic to go
containers provided by Upstream. This frame work was produced by
compiling experience from researching and pushing single use plastic
policy across the US in their "Skip the Stuff" campaign.
https://static1.squarespace.com/static/5f218f677f1fdb38f06ce
bcb/t/63f625de1337184554e4cde5/1677075935103/Model+Ski
p+the+Stuff+Policy_2023.pdf
State of Waste Streams a comprehensive annual report on the state of Colorado waste
streams
file:///C:/Users/Aidan/Downloads/State-of-Recycling-and-
Composting-2023-Report_Eco-Cycle_CoPIRG_web-2.pdf
Upstream "Skip the Stuff"
campaign website
Policy toolkit website that provides information and frameworks in
how to introduce laws that help combat single use plastic entering the
waste stream.
https://upstreamsolutions.org/skipthestufftoolkit
Economic Report on the Costs of Single Use Plastics
Upstream Solutions
Reports on the costs of single use plastics and the emergence of new
reuse economy to repalce to costs of the old.
https://upstreamsolutions.org/blog/reuse-wins-report
17
AGENDA ITEM NO. 2.2
Item Cover Page
DATE:September 17, 2024
TIME:10 min.
SUBMITTED BY:Paul Cada, Fire Department
ITEM TYPE:Presentation/Discussion
AGENDA SECTION:Presentation/Discussion (1:45pm)
SUBJECT:Spruce Beetle Mitigation Update (2:05pm)
SUGGESTED ACTION:Listen to presentation and provide feedback.
PRESENTER(S):Paul Cada, Wildland Battalion Chief
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC Memo Stream Track Spruce Beetle Management 09-17-2024
18
To:Town Council
From: Gregg Barrie, Town Landscape Architect
Paul Cada, Wildland Battalion Chief
Date: September 17
th, 2024
Subject: Management Plan for Newly Identified Spruce Beetle Activity on Stream Track
I.Purpose:
The purpose of this memo is to provide Council with awareness and a plan of action for a newly
identified Spruce Beetle infestation on Town of Vail owned stream track property.
II.Background
Spruce beetle is a native forest insect which has been infesting isolated portions of Eagle
County for more than 10 years. The Town of Vail has been actively monitoring and managing
localized spruce beetle activity since 2015. In 2017 following the discovery of a larger
infestation in the Ford Park area town staff from Public Works, Environmental and Fire drafted
and Town Council adopted the Town of Vail Stream Tract Forest Management Plan. Since
adoption of the plan town staff have used the document as the guide for balancing riparian
vegetation management, habitat and forest health.
III.Current Situation
In the spring of 2024 town staff was made aware of potential spruce beetle activity on Town
owned Stream Track near the Grand Hyatt. Due to spring runoff and high-water staff was
unable to confirm the infestation until August. Upon inspection it was identified that a localized
infestation of spruce beetle was occurring in the area. A total of 26 trees were identified with
current spruce beetle activity. The majority of trees were identified on the island in the middle of
Gore Creek. Following the guidance in the Town of Vail Stream Tract Forest Management Plan
Town staff intend to aggressively manage the infestation with the intent of slowing any future
spread within the stream track or to adjacent private property.
IV.Next Steps
Public Works has released an RFP to solicit qualified companies to complete removal of the 26
infested trees during the fall of 2024. In 2025 the area will be monitored for additional beetle
activity and if new trees are identified they will be removed as well. Due to the proximity of the
site to Gore Creek preventative spraying is not a viable treatment option. Town staff has used
and will continue to use antiaggregant pheromone packets for the next few years in the area to
reduce future spruce beetle activity. Staff is working with Grand Hyatt management regarding
access and impacts. Following the removals Environmental Sustainability staff will evaluate the
area to determine suitability and best timing for any revegetation in the area.
19
AGENDA ITEM NO. 2.3
Item Cover Page
DATE:September 17, 2024
TIME:45 min.
SUBMITTED BY:Stephanie Bibbens, Community Development
ITEM TYPE:Presentation/Discussion
AGENDA SECTION:Presentation/Discussion (1:45pm)
SUBJECT:Adoption of Building and Fire Code Update (2:15pm)
SUGGESTED ACTION:Listen to presentation and provide feedback.
PRESENTER(S):Daniel Brown, Chief Building Official and Deputy Chief Ryan Ocepek,
Vail Fire Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC Memo Building and Fire Code Update Afternoon Session
2024 Building and Fire Code Adoption TC Presentation 09172024
20
To:Vail Town Council
From:Community Development Department, Vail Fire and Emergency Services
Date:September 17, 2024
Subject:Informational Presentation for Ordinance 13, Series of 2024 – Title 10
Building & Fire Codes Update
I.PURPOSE
The purpose of this memorandum and associated presentation is to provide information to the
Town Council regarding the adoption of the most recent building and fire code editions. This will
allow the Town to maintain an updated and appropriate set of standards for the built
environment. This is an informational item. Town Council will have a first reading of Ordinance
No. 13 during the October 1
st, 2024, evening agenda.
The building and fire codes adopted by the Town are intended to provide minimum
requirements for a reasonable level of safety, health, and general welfare to the citizens of the
Town.
II.BACKGROUND
The series of building and fire codes are updated on a three-year cycle after an extensive, 3-
step code development process in which all interested and affected parties may participate.
This allows for the codes to stay current with continually changing laws, practices, and
technology that affect the construction industry.
As the published codes are updated, Town staff and the Building and Fire Code Appeals Board
(BFCAB) examine all the significant changes through a series of publicly held meetings and
develop amendments to the codes that pertain to our mountain community. As noted during the
reviews, minor changes have been made to the codes, along with housekeeping items such as
searchability, clarity, added definitions, and changes to layouts. No major changes in codes were
identified.
III.STAFF RECOMMENDATION
Town staff and the BFCAB encourage Council members to support Ordinance 13, Series of
2024 regarding the repeal and reenactment of Title 10 to the Vail Town Code.
IV.ATTACHMENTS
A. PowerPoint Presentation
21
2024 Building
& Fire Code
Update
22
Why do we need building codes?
Importance of Strong, Updated Building Codes
• Model codes set minimum requirements for building design, construction and operation to protect
public health, safety and welfare.
• Updated codes promote safe, resilient, efficient and cost-effective construction.
• Research has shown that strong building codes are our first and best line of defense against natural
disasters.
• Current codes protect the building owner’s investment, enhance safety and foster innovation in the
marketplace.
• Codes create a level playing field for builders and manufacturers.
• Updated codes not only save lives but save money.
Town of Vail | 2024 Building & Fire Code Update | vailgov.com
23
Where do the codes come from?
The International Code Council (ICC)
The ICC is an American, non-profit corporation, headquartered in
Washington D.C. that is dedicated to all aspects of building safety.
MISSION: To provide the codes, tools, and resources that
members rely on, building safety professionals turn to, and
manufacturers and the public trust.
Over 64,000 individual members
8,574 government agency members
394 worldwide chapters
Town of Vail | 2024 Building & Fire Code Update | vailgov.com
24
How do codes become codes?
GOVERNMENTAL CONCENSUS 3-STEP PROCESS
1. Code Development Committee / Code Change Submission
2. Committee Action Hearings / Public Comment Submission /
Public Comment Hearings
3. Online Governmental Consensus Vote
Town of Vail | 2024 Building & Fire Code Update | vailgov.com
25
Vail Codes & Amendments
PROCESS:
• Review published ‘significant changes’ material
• Attend code change seminars and consult w/ other comparable jurisdictions
• Present, discuss and debate code updates to the BFCAB and other TOV staff and
stakeholders (fire, environmental, planning, etc.) during public meetings
• Make practical recommendations based on the expertise of all involved
Town of Vail | 2024 Building & Fire Code Update | vailgov.com
26
Building Code Changes
• No significant/adverse changes have been made to the 2024 IBC
• Most changes fall within housekeeping, i.e., searchability, additional definitions for
clarity, changes to lay-out.
Town of Vail | 2024 Building & Fire Code Update | vailgov.com
27
Fire Code Changes
Highlights of New Code Changes
•Lithium-ion and Battery Storage
•Powered Micromobility Devices
•Carbon Monoxide Detection
Clarity or Minor Changes to Code Language
•Carbon Monoxide Detection and Fire Alarms
•Smoke Alarm Maintenance
•Occupant Loads
•Energy Storage Systems
Town of Vail | 2024 Building & Fire Code Update | vailgov.com
28
WUI Code Changes
• All exterior walls must have a minimum of 6
vertical inches of noncombustible material,
measured from the ground (at grade) or the
nearest horizontal surface.
• Decks or porches (or portions of the decks or
porches) 4 feet or less above the ground shall
have the underdeck area enclosed to reduce
the accumulation of debris.
Town of Vail | 2024 Building & Fire Code Update | vailgov.com
29
Energy Code Changes
Changes to the 2024 IECC (International Energy Conservation Code)
-More stringent windows (U -factor of .28 now required in Climate Zone 6) *Currently amended
in the town code from .32 to .30 max. 2021 IECC)
-Prescriptive levels for ceiling insulation goes down from R60 to R49 (no good) *Amendment
proposed to keep ceiling R-values (Res) at R-60 2021 IECC)
-More stringent air sealing (from 3ACH50 to 2.5ACH50)
-Heat or Energy Recovery Ventilator required in climate zone 6 (a good thing with tighter
envelope now required)
-Additional 5 efficiency package point requirement for homes >5,000 sq ft
Town of Vail | 2024 Building & Fire Code Update | vailgov.com
30
PRESENTATION BY
Daniel Brown – Chief Building Code Official
Ryan Ocepek – Deputy Fire Chief
Paul Cada – Wildland Battalion Chief
Cameron Millard – Energy Efficiency Coordinator
2024
Building & Fire
Code Update
31
Thank you
32
AGENDA ITEM NO. 3.1
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:DRB/PEC Update
AGENDA SECTION:DRB/PEC (3:00pm)
SUBJECT:DRB/PEC Update (5 min.)
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
PEC Results 9-9-24
DRB Results 9-4-24
33
Planning and Environmental Commission Minutes
Monday, September 9, 2024
1:00 PM
Vail Town Council Chambers
Present: David N Tucker
William A Jensen
Robert N Lipnick
John Rediker
Brad Hagedorn
Robyn Smith
Absent: Scott P McBride
1. Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2. Call to Order
3. Main Agenda
3.1
A request for review of a variance from Section 14-10-9 Fences, Hedges, Walls and
Screening, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code,
to allow for a fence to exceed three feet in the front setback, located at 303 Gore Creek
Dr Unit 8/Lot 8, Block 5 Vail Village Filing 1 (PEC24-0034)
Planner: Greg Roy
Applicant Name: 303 Gore Creek 8, represented by High Summit Planning
PEC24-0034 9-9 Staff Memo.pdf
Attachment A. PEC24-0034 Vicinity Map.pdf
Attachment B. PEC24-0034 Applicant Memo.pdf
Attachment C. PEC24-0034 Plan Set.pdf
Planner Roy gives a presentation. Staff finds the application does not meet criteria 2 and therefore
are recommending denial.
Hagedorn and Lipnick ask about the existing wall on Unit 12. Roy says it is there to screen utility or
trash, which can be permitted under existing code.
Smith asks how often variances are granted for privacy fences? Roy can’t think of any offhand for
those in the front setback, we do see them on other areas of the lot however even those fences are
discouraged and the DRB looks at those.
Rediker asks about the 1999 variance request. Roy says it was a density variance, prior to the Vail
Village Townhouse (VVT) district the lot was zoned High Density Multiple-Family (HDMF) which
created zoning challenges requiring density and setback variances.
Rediker asks about the remodel in 2004. Did that remodel proceed without PEC approval, was the fence
Planning and Environmental Commission Meeting Minutes of September 9, 2024
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involved? Roy believes there was a density variance, but not for the fence. The DRB did review that
at the time, it was assumed there was a variance for the fence but that was not found in the record.
We’re not sure the documentation at the time to allow it as non-conformity, can't say for sure.
Lipnick confirms there were three variance requests for this unit prior to 2008. Smith asks about
non-conformities in the townhomes. Roy says there are variances on most lots, which is the reality
of how they were previously zoned before the VVT district.
Hagedorn asks if the application is for landscaping, not a greater remodel.
Roy confirms. If the variance was denied it is legal nonconforming and could remain but not be
reconstructed. It may have been rebuilt in 2005, but there was not good documentation to be able to
tell. This fence existed in some form back to the 1970s.
The applicant is represented by Sean Hanagan with High Summit Planning, Millie Aldrich the
architect, and Kathy Alto the landscape architect. Hanagan gives a presentation. He talks about the
site and neighborhood, the history of Lot 8 in question. The existing fence prevents light intrusion
from cars on Hanson Ranch, as well as privacy from increased skier drop-off.
Alto says that on the elevations, part of the wall is screening the trash enclosure and the gas meter
and electrical panel.
Hagedorn asks if they’re against the home or the fence. Alto says the electrical meter is against the
fence, gas meter in vicinity. Hanagan talks about the light intrusion from Hanson Ranch Road.
Lipnick asks if the bedroom is directly facing the road? Aldrich says it is on the 2nd level, the main
living area is on the first level.
Rediker asks how the current fence blocks light to the second level? Aldrich says it does not, it
blocks light to the living area.
Rediker says putting the fence in wouldn’t block light intrusion on the second floor. Hanagan confirms.
Rediker confirms the light intrusion issue is primarily related to light on the first floor. Hanagan says it
still reaches the second floor.
Hanagan talks about case studies in Eagle County for addressing light intrusion. He talks about light
pollution from a streetlight in the area. Lot 8 has special circumstances, suffers from light intrusion
that the others don’t have.
Smith asks if there is something wrong with the fence. Aldrich says the existing fence is a flat wall that
doesn’t tie into the architecture, the owner wants it to have more relief and to fit into the character of
the home. Help it blend into the architecture and surroundings. There is a big exposure by having your
living room at the ground level, it is nice to have that interaction with the street, so they keep that
ground level connection while creating privacy.
Hanagan says the DRB will have the final say as to the design of the wall, what we’re asking for is
memorializing this fence that has existed for this long, been carried through multiple approvals.
Smith asks if landscaping can be put in front of the fence? Alto says it is right up against the
parking limitations, limiting the options.
Hagedorn asks if the wall was closer to the home, it would no longer be shielding the meters?
Aldrich confirms.
Rediker asks about the wall heights on the side of the wall along the driveway for Lot 9. Alto says there
would be no change to the wall height in that area. On the exterior, there would be no difference to that
Planning and Environmental Commission Meeting Minutes of September 9, 2024
2
35
wall, it is the same height.
Rediker asks about the screening on the left side, did you look at a design that screened those
elements but then lowered in the area that is not screening utilities?
Alto says they looked into it, but the light intrusion is the worst at that location, the living room
wouldn’t have as good screening.
Rediker, did you consider using landscaping to help in those areas? Hanagan says it was discussed,
didn’t think it was a viable option, doesn’t memorialize the wall. He talks about the height as it relates
to screening trash enclosures, the administrator has some discretion there.
Alto says they are trying to work with all the conditions and create as much softening and variation as
we can, although that probably gets more into the design considerations.
Hagedorn asks for public comment.
Ashley Garton is with Wear Travers Perkins, representing the owner of numbers 9 & 10. The owner
is objecting to the requested variance. She reads the statement submitted as public comment.
Garton adds that number 9 has the same problem, when Lots 9 & 10 were redeveloped there was a
request for similar fencing that was opposed by the Town. This this request was approved, they
would want to look at something similar.
Hanagan says there is no precedence in land use, each application is judged on its own merits.
Hagedorn closes public comment. He asks for commissioner comment.
Tucker says this has existed for 50 years, helps clean up the paperwork and set the record straight.
The hardship with the light intrusion is understandable, the DRB is a backstop to make sure the
design is adhered to. He supports the variance request.
Jensen is a bit torn, the light intrusion is significant particularly with the stop sign. As people turn
right, it clearly hits unit 8, and you could argue 9 as well. The light from Hanson Ranch Road is the
key thing here, the other laundry list in the presentation did not create a positive impact.
Rediker says it’s difficult, the light intrusion is an inconvenience. There is not a lot of evidence today
the wall will do anything except prevent light intrusion on the first level. Light intrusion does not get you
to criteria 2, wish we could explore solutions screening utilities where they need to be and lowering the
wall in the other area. Appreciate the difficulty but called upon to look at criteria, the proposal does not
meet criteria 2.
Smith says it’s a tough one. Believes artificial light is pollution, and the proposed design is much
better but the variance process doesn’t account for that. The Town has taken and affirmed that
mitigating light pollution and privacy is not to be done with fences. Setting this precedent would trigger
domino effect for everyone on this street. Therefore opposed to this request, record should reflect that
we need to seek relief through a code amendment to address light pollution, which has advanced
faster than our regulations for it.
Lipnick supports this variance, the light pollution from Hanson is significant for lots 8 and 9.
Because their units are exposed to light pollution, a variance should be applied. He is in support of
the variance request.
Hagedorn says it is difficult. Looking at Criteria 2, would a variance be granted if this site was redeveloped?
It probably wouldn’t, there is some difficulty given the pretext, but that doesn’t grant the grounds for a
variance. You can achieve the same utility screening without a continuous full fence across
Planning and Environmental Commission Meeting Minutes of September 9, 2024
3
36
the front. If approved, there would be a request for a line of fences down Gore Creek here. While that
is a condition on the site, it is not 100% unique to Lot 8.
Rediker adds Unit 9 is right next door, right in front of the stop sign. They have a fence in their
setback that complies with the current code standard and is subjected to the same headlights.
Smith and Roy discuss procedures in the event of a tied motion.
Robyn Smith made a motion to Deny with the findings on page 5 & 6 of the staff memorandum;
John Rediker seconded the motion Passed (4 - 2).
Voting For: William A Jensen, Robyn Smith, Brad Hagedorn, John Rediker
Voting Against: Robert N Lipnick, David N Tucker
4. Approval of Minutes
4.1 PEC Results 8-26-24
PEC Results 8-26-24.pdf
(Lipnick abstains)
Robyn Smith made a motion to Approve
; John Rediker seconded the motion Passed (5 - 0).
5. Information Update
Smith enjoyed the board appreciation night. The PEC has asked to look into multiple
environmental issues such as light pollution, sand/oil separators/ and irrigation plans. These
relate to community development, is there support for a FTE for Community Development to
deal with environmental review?
Roy says the process now is generally reviews are routed to the Environmental department.
The Landscape architects in Public Works look at landscaping plans for large projects. Roy
says it would be helpful, not sure it would be a full-time position unless other duties added.
Smith says there is a growing list of environmental concerns, would be helpful to have
someone focused on that.
Lipnick says an environmental person to deal with the issues in the last couple years would
be helpful from an educational standpoint as well.
Hagedorn says he appreciates the sentiment, but doesn’t fully understand the staffing, leave it
to Town Manager to decide. Tucker says such a role should include compliance in the field
and education in addition to the review.
6. Adjournment
Robyn Smith made a motion to Adjourn ; Robert N Lipnick seconded the motion Passed (6 - 0).
Planning and Environmental Commission Meeting Minutes of September 9, 2024
4
37
Design Review Board Minutes
Wednesday, September 4, 2024
2:00 PM
Vail Town Council Chambers
Present: Roland J Kjesbo
Kit Austin
Rys Olsen
Herbert Roth
Absent: Mary Egan
1. Virtual Meeting Link
Register to attend Design Review Board Meetings. Once registered, you will receive
a confirmation email containing information about joining this webinar.
2. Call to Order
3. Main Agenda
3.1 DRB24-0269 - Lebowitz Residence
Final review of an exterior alteration (windows/doors)
Address/ Legal Description: 356 Hanson Ranch Road/Lot D, Block 2, Vail Village Filing 1
Planner: Greg Roy
Applicant Name: David Lebowitz, represented by KH Webb
DRB24-0269 Pics and Rndr 9-4.pdf
DRB24-0269 Plans 9-4.pdf
Rys Olsen made a motion to Approve with the findings it meets Town Code Section 14-10-10;
Herbert Roth seconded the motion Passed (4 - 0).
3.2 DRB24-0256 - Potato Patch Townhomes
Final review of a tree removal
Address/ Legal Description: 770 Potato Patch Drive/Lot 6, Block 2, Vail Potato Patch Filing 1
Planner: Greg Roy
Applicant Name: Jeffery Milloy
DRB24-0256 Tree Removal.pdf
Rys Olsen made a motion to Approve with the findings the application meets Town Code Section 14-
10-8; Herbert Roth seconded the motion Passed (4 - 0).
3.3 DRB24-0316 - Apres Vous Investments
Conceptual review of an addition
Address/ Legal Description: 483 Gore Creek Drive 1/Lot 1, Vail Village Filing 4
Planner: Greg Roy
Applicant Name: Apres Vous Investments LLC, represented by 159 Design,
LLC DRB24-0316 Conceptual Plans.pdf
Design Review Board Meeting Minutes of September 4, 2024
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Conceptual application. No motion necessary
3.4 DRB23-0403 - MacPhee Residence
Final review of an exterior alteration (railings)
Address/ Legal Description: 2735 Snowberry Drive B/Lot 12, Block 9, Vail Intermountain
Development Subdivision Planner: Heather Knight
Applicant Name: David & Angela MacPhee
2735 Snowberry Drive Unit B Rail change.pdf
Neighbor approval email.pdf
Rys Olsen made a motion to Table to a date uncertain; Herbert Roth seconded the motion Passed
(4 - 0).
3.5 DRB24-0330 - Tavoso Residence
Conceptual review of an addition
Address/ Legal Description: 1535 Aspen Ridge Road/Lot 2, Block 4, Lion's Ridge Subdivision Filing 3
Planner: Heather Knight
Applicant Name: Richard & Leanne Tavoso, represented by RMT Architects
DRB24-0330_Conceptual.pdf
Conceptual application. No motion necessary
3.6 DRB24-0304 - Stansbury Residence
Conceptual review of an addition
Address/ Legal Description: 2187 Saint Moritz Way/Lot 8, Vail Heights Filing 1
Planner: Jamie Leaman-Miller
Applicant Name: Christopher Stansbury & Anna Rasmussen, represented by A21 Architecture + Design
DRB24-0304 Conceptual Plans.pdf
Conceptual application. No motion necessary
4. Staff Approvals
4.1 DRB22-0440.004 - Exeter 22536 Wy
Final review of a change to approved plans (material color/gas meter/driveway)
Address/ Legal Description: 394 Beaver Dam Road/Lot 7, Block 2, Vail Village Filing
3 Planner: Jamie Leaman-Miller Applicant Name: Exeter 22536 WY, represented by Pierce Austin Architects
4.2 DRB24-0033.001 - Barney Residence
Final review of a change to approved plans (windows)
Address/ Legal Description: 5074 Main Gore Drive South B/Lot 5, Vail Meadows Filing 1
Planner: Jamie Leaman-Miller
Applicant Name: 5074B Main Gore Dr, represented by Beth Levine
4.3 DRB24-0157.002 - Mekles/Turilli Residence
Final review of a change to approved plans (increased scope of work)
Address/ Legal Description: 2960 Manns Ranch Road B/Lot 8, Block 1, Vail Village Filing 13
Planner: Heather Knight
Design Review Board Meeting Minutes of September 4, 2024
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Applicant Name: Malinda Appel & Todd Mekles, represented by Coleman Custom Homes
4.4 DRB24-0185.001 - Miller Residence
Final review of a change to approved plans (venting/piping)
Address/ Legal Description: 4289 Nugget Lane/Lot 6, Bighorn Estates
Planner: Heather Knight
Applicant Name: Steven & Kennedy Miller, represented by R&H Mechanical
4.5 DRB24-0188 - Boillot Residence
Final review of an exterior alteration (skylights/windows)
Address/ Legal Description: 303 Gore Creek Drive 3B/Lot 1 - 6, Block 5, Vail Village Filing 1
Planner: Jonathan Spence
Applicant Name: Boillot Family II, represented by Shaeffer-Hyde Construction
4.6 DRB24-0257 - Rutherford Residence
Finale review an exterior alteration (deck/railing/stucco)
Address/ Legal Description: 1001 Vail Valley Drive A/Lot 1, Block 6, Vail Village Filing 7
Planner: Greg Roy
Applicant Name: Susan Rutherford
4.7 DRB24-0258 - Nedrelow Residence
Final review of an exterior alteration (windows, sliders, deck)
Address/ Legal Description: 2840 Aspen Court B/Lot 16, Vail Village Filing 11
Planner: Jamie Leaman-Miller
Applicant Name: Jeanne Nedrelow, represented by Burke Harrington Construction
4.8 DRB24-0283 - Westgard Residence
Final review of an exterior alteration (entry door)
Address/ Legal Description: 2475 Garmisch Drive 7/Lot 5 & 6, Block H, Vail Das Schone Filing 2
Planner: Heather Knight
Applicant Name: Paul & Marcy Westgard, represented by Renewal by Andersen
4.9 DRB24-0286 - Blume Residence
Final review of an exterior alteration (landscaping)
Address/ Legal Description: 1916 W Gore Creek Drive/Lot 47, Vail Village West Filing 2
Planner: Heather Knight
Applicant Name: Robert & Jamie Blume, represented by Rocky Mountain Custom Landscape
4.10 DRB24-0290 - Wollard Residence
Final review of a tree removal
Address/ Legal Description: 2550 Bald Mountain Road/Lot 34, Block 2, Vail Village Filing 13
Planner: Jamie Leaman-Miller
Applicant Name: Ronald & Marilyn Wollard, represented by Old Growth Tree Service
4.11 DRB24-0291 - Steadman Residence
Final review of an exterior alteration (AC unit)
Address/ Legal Description: 1299 Spraddle Creek Road/Lot 11, Spraddle Creek Estates
Design Review Board Meeting Minutes of September 4, 2024
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40
Planner: Heather Knight
Applicant Name: Richard & Gay Steadman, represented by Eagle Mountain Plumbing & HVAC
4.12 DRB24-0292 - Troester Residence
Final review of an exterior alteration (windows/doors)
Address/ Legal Description: 1845 West Gore Creek Drive/Lot 21, Vail Village West Filing 2
Planner: Jamie Leaman-Miller
Applicant Name: Grant Troester, represented by Lifetime Windows and Siding
4.13 DRB24-0299 - Austria Haus
Final review of an exterior alteration (re-roof)
Address/ Legal Description: 242 East Meadow Drive/Tract C, Block 5E, Vail Village Filing 1
Planner: Heather Knight
Applicant Name: Austria Haus, represented by Turner Morris Roofing
4.14 DRB24-0300 - Dimmig Residence
Final review of an exterior alteration (driveway)
Address/ Legal Description: 3797 Lupine Drive/Lot 4 &5, Bighorn Subdivision 2nd Addition
Planner: Jonathan Spence
Applicant Name: Thomas & Jane Dimmig, represented by Nedbo Construction
4.15 DRB24-0303 - Breeze Ski Rentals
Final review of a sign application
Address/ Legal Description: 610 West Lionshead Circle D/Lot 1, Block 1, Vail Lionshead Filing 3
Planner: Jonathan Spence
Applicant Name: Breeze Ski Rentals, represented by Zehren & Associates
4.16 DRB24-0308 - Vail Racquet Club
Final review of an exterior alteration (walkway)
Address/ Legal Description: 4695 Meadow Drive/Vail Racquet Club Condominiums - Clubhouse
Planner: Jonathan Spence
Applicant Name: Vail Racquet Club, represented by Steve Loftus
4.17 DRB24-0312 - Freed Residence
Final review of an exterior alteration (windows/door/slider)
Address/ Legal Description: 4800 Meadow Drive 8/Riverbend at Vail
Planner: Greg Roy
Applicant Name: Michael Freed
4.18 DRB24-0313 - Alpine Kind
Final review of a sign application
Address/ Legal Description: 183 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1
Planner: Heather Knight
Applicant Name: Alpine Kind, represented by Fine Signs
4.19 DRB24-0314 - BCKL LLC
Final review of an exterior alteration (window)
Design Review Board Meeting Minutes of September 4, 2024
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41
Address/ Legal Description: 1259 Westhaven Circle North/Lot 34, Glen Lyon Subdivision
Planner: Jonathan Spence
Applicant Name: BCKL, represented by Balance Point Construction
4.20 DRB24 -0318 - Dvareckas/Hall/Cadmus/Brew Residences
Final review of an exterior alteration (shingles/stain/paint/lighting)
Address/ Legal Description: 5006 Main Gore Drive North 3/Lot 3, Gore Creek Meadows Filing 1 &
5006 Main Gore Drive North 4/Lot 3, Gore Creek Meadows Filing & 5006 Main Gore Drive North 1, Lot
3, Gore Creek Meadows Filing 1 & 5006 Main Gore Drive North 2/Lot 3, Gore Creek Meadows Fii Planner: Jonathan Spence
Applicant Name: Lauras Dvareckas
4.21 DRB24-0320 - Freiburg Snow LLC
Final review of a sign application (construction sign)
Address/ Legal Description: 392 Beaver Dam Circle West/Lot 4, Block 3, Vail Village Filing 3
Planner: Jonathan Spence
Applicant Name: Freiburg Snow, represented by Turnipseed Architecture & Construction
4.22 DRB24-0322 - First Bank of Vail
Final review of an exterior alteration (store front modifications)
Address/ Legal Description: 2271 North Frontage Road West/Lot 1, Vail Das Schone Filing 1
Planner: Jamie Leaman-Miller
Applicant Name: First Bank of Vail, represented by Rocky Mountain Construction Group
4.23 DRB24-0326 - Moulton Residence
Final review of a tree removal
Address/ Legal Description: 2558 Arosa Drive/Lot 6, Block C, Vail Das Schone Filing 1
Planner: Greg Roy
Applicant Name: Edward Moulton
5. Staff Denials
6. Adjournment
Herbert Roth made a motion to Adjourn ; Rys Olsen seconded the motion Passed (3 - 0) (Kjesbo
Absent).
Design Review Board Meeting Minutes of September 4, 2024 42
AGENDA ITEM NO. 4.1
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Molly Eppard, Public Works
ITEM TYPE:Information Update
AGENDA SECTION:Information Update (3:05pm)
SUBJECT:August 5, 2024 AIPP Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
August 5, 2024 Minutes
43
Art in Public Places Board Special Meeting Minutes
Monday, August 5, 2024
AIPP Board members present: Tracy Gordon, Susanne Graf, Kathy Langenwalter, Courtney St. John,
Lindsea Stowe
Others present: Molly Eppard - AIPP Coordinator
1. Call to Order
2. No citizen Participation
3. Main Agenda
3.1 Approval of July 1 & July 24 meeting minutes.
July 1, 2024 Minutes.pdf
July 24 2024 Minutes.pdf
3.2 Review updated version AIR Strategic Plan phase 1.
• Molly will re-work the phase 2 slide, so it reads better within the plan.
• We will examine the scope of the calendar section as well.
• Lindsea discusses the meeting agenda for the invited AIR Advisory Committee.
o Focus will be on AIR program development and fundraising initiatives.
o Jennifer Marx and Ramsey Cotter will be attending. Sarah Johnson has a
schedule conflict.
3.3 Review and prioritize objectives and goals for AIPP 5-year Strategic Plan.
• The Board reviews TOV property maps to identify and prioritize sites for public art
installations.
• The gallery hanging system has been installed in Council Chambers for future
interior exhibits (local photographers, etc…)
• The Board meets on-site to view possible art locations from the Vail Public Library to
Lionshead.
• Board agrees on the location for Squire Broel’s commissioned sculpture (west of Vail
Public Library entrance – image below).
• Molly will compile images of potential interior and exterior locations as reference for
future public art placement.
44
4. Coordinator Updates
o Board appreciation reception at Hot Summer Nights on Aug 27.
o Community Development meeting about the Town Hall phase of Civic Area Master Plan on Aug 7.
o Holy Cross has given approval for Erin Connelly’s, Imagination Station call finalist, proposal
(below) to be painted on the utility box west of the Vail Public Library. Molly will inform her of this
opportunity.
5. Adjournment
45
AGENDA ITEM NO. 4.2
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Missy Johnson, Housing
ITEM TYPE:Information Update
AGENDA SECTION:Information Update (3:05pm)
SUBJECT:August 27, 2024 VLHA Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2024-08-27 VLHA Minutes
46
Vail Local Housing Authority Minutes
Tuesday, August 27, 2024
3:00 PM
Vail Town Council Chambers
PRESENT ABSENT
Steve Lindstrom
Craig Denton
Christine Santucci
Dan Godec
Kristin Williams
STAFF
Jason Dietz, Vail Housing Director
Martha Anderson, Senior Housing Coordinator
Missy Johnson, Housing Coordinator
1. Call to Order
1. 1 Call to Order
Meeting called to order at 3:05 p.m. with quorum, including Godec on ZOOM. Denton joined just
after the meeting was called to order.
1.2 Zoom Meeting 1 (Pre-Executive Session)
1.3 Zoom Meeting 2 (Post-Executive Session)
2. Citizen Participation
2.1 Citizen Participation
No public comment.
3. Approval of Minutes
3.1 VLHA July 23, 2024 Minutes
Presenter(s): Missy Johnson, Housing Coordinator
2024-07-23 VLHA Minutes.pdf
MOTION: Godec SECOND: Williams PASSED: 3-0-2
3.2 VLHA July 24, 2024 Minutes
Presenter(s): Missy Johnson, Housing Coordinator
2024-07-24 VLHA Special Meeting Minutes.pdf
MOTION: Denton SECOND: Godec PASSED: 3-0-1
3.3 VLHA August 13, 2024 Minutes
Presenter(s): Missy Johnson, Housing Coordinator
2024-08-13 VLHA Minutes.pdf
MOTION: Denton SECOND: Santucci PASSED: 3-0-2
47
4. Main Agenda
4.1 Discussion on Short-Term Rental Regulation
Presenter(s): Jason Dietz, Housing Director and Steve Lindstrom, VLHA Chairman
Time: 20 Min.
05172022 STR_Memo.final.pdf
Lindstrom reviewed the background and the council approval to re-open the short-term rental
regulations. He provided a background and mention of the most recent EPS studies regarding
residential linkage in whole, as a report that is a couple years old. At the time, the finance
department had instated fees for short term rental properties.
Lindstrom stated that an argument of short-term rentals impacts the long-term rental market does
not go very far in our jurisdiction. The argument going forward would be more along the lines of
residential linkage.
Lindstrom summarized commercial linkage, residential inclusionary zoning and residential linkage,
which is a topic that will be re-opened. New legislation is akin to but a separate piece from
commercial linkage.
Denton suggest that we are running into ownership rights, in his opinion, and he is not into forcing
people to follow additional regulation.
The STR piece will come up quickly and may lean on The Authority to weigh-in and/or
make a recommendation.
Conversation ensued among the Authority around the future of commercial linkage placing
more of a responsibility with fees or production of employee housing to help with the strain on
the community, including the large employers in the area and concerns of parking and housing
impacts.
Referencing the documents that were provided, Santucci stated if there is an opportunity for the
Authority to have an ongoing structure to assist the community, then that is what we should be doing
in aligning with the Authority's purpose to help create additional housing for locals.
Dietz weighed in that Council had asked staff to start looking at the fee structure in relation to the
nexus study that came from EPS a couple of years ago. He provided a short summary of the
previous EPS nexus study and conversation ensued with comments from the Authority and
curiosities if the Council agrees with the pathways from the nexus study and determine next steps.
Finance Department leads on STR and Dietz will share information as he knows more about STR
and residential linkage and commercial linkage.
Anderson reminded the group that the fee-in-lieu, which was last updated in 2016/18, also needs
to be revised in relation to commercial linkage and inclusionary zoning and discussion continued.
4.2 Financial Policies and Best Practices
Presenter(s): Carlie Smith, Finance Director
Item moved to next meeting. Moved for the authority to exit regular session and enter into Executive
Session.
5. Matters from the Chairman and Authority Members
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5. 1 Matters from the Chairman and Authority Members
Presenter(s): Steve Lindstrom, VLHA Chairman
Anderson reminded the group about a few social matters for the Authority coming up this week.
Williams moved to leave regular session and enter into Executive Session at 3:42 p.m.
MOTION: Williams SECOND: Santucci PASSED: 5-0
6. Executive Session
6.1 Executive Session pursuant to C.R.S. §24-6- 402(4)(b), to hold a conference with the Town
Attorney, to receive legal advice on specific legal questions on the topic of the Vail Local Housing
Authority’s statutory powers and functions;
Presenter(s): Matthew Mire, Town Attorney
6.2 Executive Session pursuant to C.R.S. §24-6-402(4)(a)(e) to discuss the purchase, acquisition,
lease, transfer or sale of any real, personal or other property interest and to determine positions
relative to matters that may be subject to negotiations regarding: Vail InDEED
Presenter(s): Martha Anderson, Senior Housing Coordinator
6.3 Executive Session pursuant to C.R.S. §24-6- 402(4)(a)(e) - to discuss the purchase, acquisition,
lease, transfer or sale of any real, personal or other property interest and to determine positions
relative to matters that may be subject to negotiations regarding potential real property acquisitions by
the Town.
Presenter(s): Jason Dietz, Housing Director; Martha Anderson, Senior Housing Coordinator
7. Any Action as a Result of Executive Session
7.1 Any Action as a Result of Executive Session
The authority re-entered regular session at 5:01 p.m.
The Authority directed to staff to move forward as discussed during executive session regarding a
Vail InDEED.
MOTION: Williams SECOND: Denton PASSED: 4-0
8. Adjournment
8.1 Adjournment 5:05 PM
9. Next Meeting Date
9.1 Next Meeting Date September 10, 2024
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Matters from Mayor, Council, Town Manager and Committee Reports
AGENDA SECTION:Matters from Mayor, Council, Town Manager and Committee
Reports (3:05pm)
SUBJECT:Matters from Mayor, Council, and Committees (15 min.)
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
50
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Matters from Mayor, Council, Town Manager and Committee
Reports (3:05pm)
SUBJECT:Town Manager Report (5 min.)
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
51
AGENDA ITEM NO. 5.3
Item Cover Page
DATE:September 17, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Matters from Mayor, Council, Town Manager and Committee
Reports (3:05pm)
SUBJECT:Council Matters and Status Update
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
240917 Matters
52
COUNCIL MATTERS
Status Report
Report for September 17,2024
Town Council reminded guests and residents to be “Bear Aware”; remember
to follow trash ordinance and watch for bears for your personal safety.
Town Council gave huge kudos to Town of Vail Parks crews for excellent
flowers this summer!
Social Media Listening
And Sprout Listening link: https://share.sproutsocial.com/view/59f51d85-277a-44ab-
b51d-85277ac4ab33
While the fall colors haven't quite started, it's already topping the conversations around
Vail:
53
In the News______________________________________________________
Aug. 31
Invest in Who's Coming Next - Valley Voices
https://www.vaildaily.com/opinion/howard-we-need-to-invest-in-whos-coming-next/
Surf Wave - letter
https://www.vaildaily.com/opinion/letter-youd-be-better-off-surfing-your-chesterfield-sofa/
Sept. 5
Booth Creek Fuels Reduction
https://www.vaildaily.com/news/wildfire-fuel-reduction-work-east-of-vail-set-to-begin-friday/
Sept. 6
Civic Area Plan
https://www.vaildaily.com/news/civic-center-redevelopment-idea-in-vail-is-evolving/
E-Bikes for Essentials
https://www.vaildaily.com/news/vail-to-distribute-six-electric-bikes-to-essential-workers-2/
Sept. 7
Surf Wave - letters
https://www.vaildaily.com/opinion/letter-lots-of-questions-about-a-surfing-wave-in-vail/
https://www.vaildaily.com/opinion/letter-about-those-negative-comments-regarding-river-waves/
Sept. 8
E-Bikes for Essentials
https://www.realvail.com/town-of-vail-to-distribute-6-electric-bikes-to-essential-workers/a19935/
Sept 9
Michelin Stars
https://www.vaildaily.com/news/5-vail-valley-restaurants-land-on-michelin-recommended-
restaurants-while-colorado-adds-a-new-starred-restaurant/
https://www.vaildaily.com/news/michelin-guide-vail-recommended/
Upcoming Dates
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