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HomeMy WebLinkAbout2006-02-21 Support Documentation Town Council Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, FEBRUARY 21, 2006 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council wily consider an item. 1 • ITEM/TOPIC: Citizen Participation. (10 min.) 2. ITEMR'OPIC: Consent Agenda. (5 min.) A. Recommendation from RFP process/interviews for Community Visioning. B. Creation, of an Economic Advisory Council is proposed to make recommendations to the Vail Town Manager and Vail Town Council regarding economic issues and short and long- term economic strategies. Council is requested to approve and/or modify the purpose of the Economic Advisory Council. 3. Leslie Pickling ITEMROPIC: Artwork for Gore Creek Promenade Pedestrian Bridge. (15 min.) ACTION REQUESTED OF COUNCIL: Approve AIPP expenditure for pedestrian bridge railing. BACKGROUND RATIONALE: The Town of Vail Public Works department is soliciting proposals to replace the pedestrian bridge at Gore Creek Promenade. If approved, construction will begin in spring, 2006. AIPP is would like to enhance the appearance of ,the bridge by adding.artwork to the bridge railings. This project was originally brought to the town council and approved in 2002; however modifications have been made to keep within budget. A jury composed of Vail residents chose the artist. The current proposal combines eight art panels with traditional spindles. The panels depict Vail recreational activities and are made of layered perforated stainless steel. Art in Public Places voted unanimously to approve the artwork shown in the attached drawings. The board is working with the artist to finalize construction details. AIPP has approved spending up to $30,000 on the project. '"a full sized sample of the art panel is currently in front of the Community Development Building. 4. Matt Mire ITEMlTOPIC: Lease renewal Red Sandstone Elementary School. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendment(s) the lease renewal for Red Sandstone Elementary School. BACKGROUND RATIONALE: The Vail Gymnastics Center was placed on what is currently part of Red Sandstone leasehold estate. As such the leased premises must be divided -into two separate leased premises. In addition, the initial 30 year term of the school's lease has recently expired. STAFF RECOMMENDATION: Approve or approve with amendment(s) the lease renewal for Red Sandstone Elementary School. 5. Warren Campbell ITEMROPIC: Second Reading of Ordinance No. 4, Series of 2006, AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS, VAIL TOWN CODE, TO CREATE A DEFINITION FOR A "BOWLING ALLEY" AND SECTION 12-7E-4, CONDITIONAL USES, VAIL TOWN CODE, TO ALLOW FOR THE ADDITION OF A "BOWLING ALLEY" AS A CONDITIONAL USE WITHIN THE .COMMERCIAL SERVICE CENTER DISTRICT AND .SETTING FORTH DETAILS IN REGARD THERETO. (10 min.) - ACTION REQUESTED OF COUNCIL:. Approve, approve with modifications, or deny Ordinance No. 4, Series of 2006 on second reading. BACKGROUND RATIONALE: On January 23, 2006, the Town of Vail Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval fora proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition for a "bowling alley" to the Vail Town Code. On February 7, 2006, the Town Council approved the first reading of Ordinance 4, Series of 2006, by a vote of 7-0-0. STAFF RECOMMENDATION:. The Community Development Department recommends that the Vail Town Council approves Ordinance No. 4, Series of 2006, on second reading. 6. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 5, Series of 2006, AN .ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, ~: PURSUANT TO ARTICLE A, SPECIAL .DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. (5 min.) _ACTION_REQUES_T_ED_O~_COLNCIL:-Approve; approve-with- modifications, or deny Ordinance No. 5, Series of 2006, on second reading. BACKGROUND RATIONALE: On January. 23, 2006, the Town of Vail Planning and Environmental Commission held a public hearing on a request to establish Special Development District No. 39, Crossroads. The purpose of the new Special Development District is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive. Upon review of the request, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of the request to establish Special Development District No. 39, Crossroads, to the Vail Town Council. On February 7, 2006, the Town Council approved the first reading of Ordinance 5, Series of 2006, by a vote of 4-3-0 (Logan, Foley, Slifer opposed). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council tables Ordinance No. 5, Series of 2006, on second reading to the March 7, 2006 hearing. 7. Matt Mire ITEMlTOPIC: ITEM/TOPIC: Resolution No. 2, Series 2006, A Resolution of the Town Council of the Town of Vail Initiating Annexation Proceedings; Finding the Annexation Petition to Be in Substantial Compliance; and Setting a Hearing Thereon. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 2 Series of 2006. BACKGROUND RATIONALE: This is the first step for the pending Front Door exchange parcel annexation. This step is perfunctory, in that the requirement of substantial compliance is at a facial level only; i.e., the annexation petition on its face must include the recitations required by the statute, which it does. The hearing on April 4, 2006, should this Resolution pass, will be held to determine if the proposed annexation complies with the Colorado Revised Statutes and to establish eligibility for annexation. STAFF RECOMMENDATION: Approve Resolution No. 2, Series 2006. 8• ITEM/TOPIC: Town Manager's Report. (10 min.) i -~ • Lodging Occupancy Forecast. • Recycling Audit. • Conference Center Proceeds Meetings. __________9._Matt_Mir_e____________1TEMl_T_OP_IC:-.Executive_Sess6on,_pursuant_to:_1_)-C.R.S._§_24-6-__ _ ___ _____ 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer- or sale of property interests and to determine positions, develop a strategy or instruct negotiators regarding the disposition of real property. Conference ~ with Attorney and receive legal advice on specific legal questions. Re: Crossroads redevelopment project. (1 ~/a hrs.) 10. ITEM/TOPIC: Adjournment. (8:25 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, MARCH 7, 2006, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 21, 2006 SUBJECT: Ordinance No. 4, Series of 2006, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition of a "bowling alley" to the Vail Town Code, and setting forth details in regard thereto. On January 23, 2006, the Town of Vail Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval for a proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the District and to add a definition fora "bowling alley" to the Vail Town Code. This application to amend the allowable conditional uses for the Commercial Service Center District to include a bowling alley and to add a definition for "bowling alley", was submitted in conjunction with the proposal to establish Special Development District No. 39, Crossroads. Attached to this memorandum is a copy of Ordinance 4, Series of 2006. Text which is to be added is indicated as bold italics. On February 7, 2006, the Town Council approved the first reading of Ordinance 4, Series of 2006, by a vote of 7-0-0. No changes have been made to Ordinance 4, Series of 2006, since Council reviewed and approved it on February 7, 2006. The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 4, Series of 2006. The Community Development Department recommends that the Vail Town Council approves Ordinance No. 4, Series of 2006, on second reading. ORDINANCE N0.4 Series of 2006 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS, VAIL TOWN CODE, TO CREATE A DEFINITION FORA "BOWLING ALLEY" AND SECTION 12-7E-4, CONDITIONAL USES, VAIL TOWN CODE, TO ALLOW FOR THE ADDITION OF A "BOWLING ALLEY" AS A CONDITIONAL USE WITHIN THE COMMERCIAL SERVICE CENTER DISTRICT AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment by a vote of 7-0-0 at its January 23, 2006, meeting, and has submitted its recommendation. to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals; and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 4, Series of 2006 Section 1. Section 12-2-2 (Definitions) of the Vail Town Code shall hereby be amended as follows: (Text which is to be added is indicated as bold italics.) BOWLING ALLEY: A recreation and entertainment facility where the sport ofbowling takes place. A bowling alley may also includes accessoryentertainment facilities and uses such as eating and drinking facilities, retail shops, night clubs, arcade facilities, billiards, ping gong, darts, meeting rooms, and similar uses. Section 2. Section 12-7H-4 (Conditional Uses) of the Vail Town Code shall hereby 1 be amended as follows: (Text which is to be added is indicated as bold italics.) Any use permitted by Section 12-7E-3 of this article, which is not conducted entirely, within a building. Bed and breakfast as further regulated by Section 12-14-18 of this title. Bowling Alley Brew pubs. .Child daycare center. Commercial laundry and cleaning services. Dog kennel. ~ Major arcade. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses set forth in Section 12-7E-5 of this article. Private clubs. Public buildings. Public park and recreation facilities. . Public utility and public service uses. Ordinance No. 4, Series of 2006 2 Ski lifts and tows. Theaters, meeting rooms, and convention facilities. Type 111 employee housing unifs (EHU) as provided in Chapter 73 of this title: Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of .the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall Ordinance No. 4, Series of 2006. 3 ti not`be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7t" day of February, 2006., and a public hearing at 6:00 p.m. for second reading of this Ordinance set for the 21 St day of February, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21St day of_February, 2006. ATTEST: Rodney E. Slifer, Mayor ~.,,.,,,,, ~ ,u...~.,, ,, , .,............ Ordinance No. 4, Series of 2006 4, MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE:, February 21, 2006 SUBJECT: Second Reading of Ordinance No. 5, Series of 2006, an ordinance establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. Applicant: Crossroads East One LLC, represented by Mauriello Planning Group, LLC. Planner: Warren Campbell The Community Development Department recommends that the Vail Town Council tables Ordinance No. 5, Series of 2006 to the March 7, 2006, hearing. 1 RESOLUTION N0.2 Series of 2006 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL INITIATING ANNEXATION PROCEEDINGS; FINDING THE ANNEXATION PETITION TO BE IN SUBSTANTIAL COMPLIANCE; AND SETTING A HEARING THEREON. WHEREAS, a Petition for Annexation of a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6t" Principal Meridian, County of Eagle, State of Colorado, and described as set forth in Exhibit A attached hereto, was filed with the Town Clerk of the Town of Vail, Colorado on February 14, 2006; and WHEREAS, the petition has been referred to the Town Council of the Town of Vail, Colorado,. for a determination of substantial compliance with the requirements of Section 31-12-107(1) of the Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Petition for Annexation of a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6t" Principal Meridian, County of Eagle, State of Colorado, and described as set forth in Exhibit A attached hereto and incorporated herein by this reference, is hereby determined to be in substantial compliance with Section 31- 12-107(1) of the Colorado Revised Statutes. Section 2. The Town Council shall hold a public hearing on the proposed annexation on April 4, 2006, at the regular meeting of the Town Council of the Town of Vail, to commence at 6:00 P.M. local Vail time, in the Municipal Building of the Town of Vail at 75 Frontage Road, Vail, Colorado 81657, to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes, or such parts thereof as may be required to establish eligibility for annexation. Section 3. A Notice of Public Hearing, including this Resolution, shall be published five (5) times, to occur once a week for four (4) successive weeks in the Vail Daily or other newspaper of general circulation in the area proposed to be annexed, commencing no later than March 2, 2006. Section 4. This Resolution shall be effective immediately upon adoption. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21St day of February, 2006. Rodney E. Slifer Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson Town Clerk 678824.1 RCFiSH Exhibit A Legal Description Of Annexation Property LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION,8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1322.52 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) S00°21'52"W 165:00 FEET 2) S00°21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W 57.24 FEET; THENCE N89°45'07"W 247.96 FEET; THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E 265.13 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6,. 1962 AT RECEPTION NUMBER 96382) S89°43'59"E 100.00 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S00°15'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID .MILL CREEK SUBDIVISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION N00°21.'19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS. 678824, t RCFISH A-1 PETITION FOR ANNEXATION VAIL'S FRONT DOOR TO THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The undersigned ("Petitioner"), in accordance with The Municipal Annexation Act of 1965, as amended and as set forth in Article 12, Title 31, Colorado Revised Statutes the ("Annexation Act"}, hereby submits this petition (this "Petition") to the Town Council of the Town of Vail, Colorado ("Town"), to annex to the Town the unincorporated territory located in the County of Eagle, State of Colorado, described as set forth on Exhibit A, attached hereto and incorporated herein by reference (the "Property"), and in support of this Petition, Petitioner alleges that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections 104 and 105 of the Annexation Act exist or have been met. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioner comprises more than fifty percent (50%) of the landowners (within the meaning of Section 107(7) of the Annexation Act) in the Property and owns more than fifty percent (50%) of the Property exclusive of streets and alleys, and the Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation map submitted herewith. 8. The Petitioner is the owner (within the meaning of Section 107(7) of the Annexation Act) of one hundred percent (100%) of the Property, which satisfies the requirements for annexation under Section 107(1)(g) of the Annexation Act. 9. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for annexation of part or all of the Property to any other municipality; nor has any election for annexation of the Property or substantially the same territory to the Town, been held within twelve months immediately preceding the filing of this Petition. 571831.5 10. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 11. The proposed annexation will not extend the municipal boundary of the .Town more than three miles in any direction from any point of the current municipal boundary. 12. The proposed annexation will not result in the denial of reasonable access to any landowner, .owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 13. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: a. is being divided unto separate parts or parcels without the written consent of the landowner or landowners thereof; or b.. comprising 20 acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 14. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 15. The affidavit of the circulator of this Petition certifying that the signature on this, Petition is the signature of the person or agency whose name it purports to be and certifying the accuracy of the date of such signature; is attached hereto as Exhibit B, and is incorporated herein by reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: a. A written legal description of the boundaries of the Property; b. A map showing the boundary of the Property; Within the annexation boundary map, a showing of location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plot or lots and blocks; and 571831.5 ^1 d. Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the submission of this Petition, Petitioner will hereafter submit a zoning application for the Property, including initial zoning and a development plan; a related development agreement; and a subdivision plat for or inclusive of the Property (the "Additional Submittals"). In connection with the processing of this Petition, Petitioner requests that the Town institute zoning procedures pursuant to Section 115 of the Annexation Act and Title 12 of the Municipal Code of the Town, and other procedures applicable to the Town's adoption of the Additional Submittals. 18. Petitioner has filed this Petition, subject to the following conditions: a. As of the date of the execution and submission of this Petition, the Property is part of a proposed land exchange whereby Petitioner will be conveyed fee title to the Property. No final action shall be taken with respect to this Petition or the Additional Submittals until the land exchange is consummated. b. Petitioner reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to thirty-one (31) days after adoption of the final ordinance approving the annexation of the Property to the Town pursuant to this Petition. 19. Except for the terms and conditions of this Petition and the Additional Submittals, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section 107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner requests that the Town Council of the Town of Vail, Colorado complete and approve the annexation of the Property pursuant to the provisions of the Annexation Act. 571831.5 3 Respectfully submitted this ~ day of February, 2006. SIGNATURE OF LANDOWNER/PETITIONER: THE VAIL CORPORATION, a Colorado corooration By: Name: Title: ~/' ~ ~i~° @ ~" j--QS ~~ .~ ~ ,~,,~ Date of Signature: ~~ ~ ~ .~ DO Mailing Address: PO Box 7 Vail, CO 81658 Resident of the Property? NO Approved as to Form: Leal Uepartmeat Name: (. RNl' ARN -U /~ Sigaatnre• ~wF~ Uate: - ~ 0 571831.5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL DESCRIl'TION: LOTS 1 AND 4, SECTION 8, TOWNSHIl' S SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1322.52 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) S00°21'52"W 165.00 FEET 2) 500°21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI -BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W 57.24 FEET; THENCE N89°45'07"W 247.96 FEET; THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00° 14'21 "E 265.13 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) 589°43'59"E 100.00 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION 500°15'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION 589°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION 589°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF Exhibit A Page 1 57183].5 SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS. [Petitioner is the owner of the above-described property] Exhibit A Page 2 571831.5 EXHIBIT B AFFIDAVIT OF CIRCULATOR _ ~-(~'~ ~ rT~ Y' +~ o ~~1 being of lawful age and duly sworn upon his/her oath, deposes and says that the signature on this Petition for Annexation to the Town of Vail, Colorado, consisting of five pages, excluding the page(s) of this Exhibit B, was witnessed by circulator and is .the true and original signature of the person whose name it purports to be and the date of such signature is accurate. STATE OF COLORADO COUNTY OF EAGLE ss. Circulator /r Subscribetd and sworn to before me this !3fi`' day of February, 2006, by 2 ~ ~'_~fl- F~ yr d j cf . My commission expires: Witness my hand and official seal. P ~:.:::;r~q ~~P'OTA ~q'••.2 o : ~ ~- ~~ • • • • • • . ~. N G o y~~ OF CO`O~P ~-'•.~. V B 1.~ .~ My Canni~On F.~ires 07/06/2008 ~,~~~ ~ ~ O ~ ~ ~~ Notary Public Exhibit B Page 1 571831,5 ~r 0 ~'owrroeun¢ DECEMBER 2005 VAIL BUSINESS REVIEW February 8, 2006 The December Vail Business Review breaks down the four percent sales tax collected for December and the year. Overall December sales tax increased 7.3% with Retail increasing 6.7%, Lodging increased 4.2°Io, Food and Beverage increased 4.2% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 28.9%. The year resulted in a 6.4% increase overall with Retail increasing 5.6%, Lodging increased 5.6°Io, Food and Beverage increased 1.3% and Utilities/Other increased 20.6%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vail og v.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vail og v.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479-2119. Sincerely, Sally Lorton Sales Tax Administrator December 2005 STELES TAX VA/L VlLL~4GE December 2004 Collections ~- Retail I 490,531 Lodging 351,799 Food & beverage Other 315,725 149536 Total 1,172591 December 2005 Collections 533;378 37'3,091 333,960 17,765 1,258,194 December Chan e 8.7% 6.1 °% ~a 8 %, 22.2% 7.3% --~ LI®IVSF/E~4D December December 2004 2005 Collections Collections Retail 1489149 1429034 Lodging I 233,770 247,554 Food & beverage ~ 67,792 67,663 -Other 9,008 7,137 Total I 463,719 464,436 December Change -4.1 3.7% ~0.2% 2008% Oo2% ~ n ~~~~~~~r ~~0~ A~~ ~~~ :s~~ty~®6 'V ~L~I~~l~7~L~~c~~ VY~~I~/~~tlMl®~ll ®~~Y~/~YIl~o-7~U IY~d~(6 ~®®~ ~®~~~0~0®Q71~ ~ ~~pp {{~~ If'll~lL~O~ I ~`t~~~g'LYo~~ I ~®~I a~ ~ ~1 ~~ ~'~ ~~~~- y f~®®~I ~ ~~~eo°~g~~ ~ ~~~,~~~ ®LLII 110 ~ ~q~~~D ®lt~~ c.d~tb~y a~.~~), G~~~~u0 D~~~av~~~a° ~®®4 ~~~~ 9~~~ s 9~°~~~~ l~®®~ ~ ~e~~~~~~ ~ ,~~ ~~9~9~D~S ~ I ~ ~~9~~~~ 04her ~®®~ ~®~~~;C~~®B`il~ ~®9~~~ ~9~~~ ~ydQ'~ ~~~9~,P ~~06% ~o~oo ~e~~~0 ~~o~% 6oGo~O/9 ~®®~ ~~~94~~ ~~9~~ ~ ~9'~ ~6 ~~~3~~~1 _~~ll~l_ I~~ ~o~% ~90~% ~ ~~% ~ o ~ ~/o ~o~% December 2005 3~-0LES TAX TOT~4L December December .December 2004 2005 Collections Collections _ Change Retail 945,672 1,008,600 ` 607% Lodging 772,693 804981.•8 4.2% f=ood & i beverage 447,135 465,985 4.2% i Utilities & 2039683 262,477 I 28.9% Other Total ~ 29369,183 2,54~,8~0 7.3% ti RETAIL SUMMARY December 2004 Collections December 2005 Collections December % Change FOOD 196,816 203,580 3.4% LIQUOR 44,221 47,057 6.4% APPAREL 111,261 117,191 5.3% SPORT 408,661 445,568 9.0% JEWELRY 54,217 53,271 -1'.7% GIFT 20,662 20,939 1.3% GALLERY ~ 10,134 8,281 -18.3% OTHER 98,963 110,655 11.8% HOME 737 2,058 179.2% OCCUPATION TOTAL 945,672 1,008,600 6.7% December YTD 2005 Sales T°ax V~41L VILLAGE Dec. YTD 2004 Collections Dec. YTD 2005 Collections Dec. YTD Chan ec~_ 5.3% 3 a 3% ~~~ Retail ~ 2,532,603 Lodging 2,9 39,789 Food & Beverage ~ 2,28.9,:9'17 Other 96,549 Total ~ 79109,®63 2,7139736 2,22®,633 2,337,436: 2.1 % 91,716 ~5.9% ~ 7;363,521 305% _ _ -- LIONSHEAD Dec. YTD Dec. YTD Dec. YTD 2004 2005 Collections Collections Change Retail ~ 669.,056 6409125 ~3.3% Lodging 1,435,262 1,4659965 2.1% Food & ~ Beverage 591,541 543,351 m8 1 °% ' Other 66,2D4 66,457. 3.4°I° Total 2,9fi2,063 2,9~ 7,898 ~1.5% ~/~il~~s6~`J~~ `V ~l ~L~4~Il~IL~/ES~~~V~~l~/a~~~®9®~~®®~!~/ C~~~~~ V~~L~. G~~$~o~ G~®®~I ~~~~~~~~ ®~~~u° ~®~~0 ©~~o ~f~D ~®®~ G®~9~~~6®r~s 9 9 ~~~9~~~~ ®~ce Y(~~ ~®®~ ~®9~ec$u®~~ y i~ gab ~ 9 ~ Il ~ 9~ 4~~9`c 9 ~~~9 a'~,~ ~~~9~~~ ~~9~~~ ~~93`~~ ~,~~~9~~~ ~9~~~9~~4 ©e~o ~~® ~~~~ e ~~o~% ~ ~o®°/® ~o~% ~~o~% ~o~% ~~~~IO ~ ~®efl~uu~~ G~®®~I ~ ~D~u~u~u~~ ~ ®~~~~ ®4~~ ~~~e ~~oD ~e~o ~~® ~®®4 ~®®~ ~®~De~~u®o~~ ~®~9e~~a®~~ ~~ii ~~~~yo~®~ /~ ~p ~i'~~~g~'L9~ `~ ~9~~ ~'LA~I,~p~`„S~' l~y0.r~J©y~~~ "~ ~9~~~ ®e~o ~~D ~~~~~~ ~®o~% °~ ~o~% 4~0~% ~~05% ~~o~#~~O December YTD 2005 Sales Tax TOT~4L Retail ~ Lodging Food & beverage Utilities & Other ~ Total Dec. YTD 2004 Collections 5,466,095 4,611,672 3,546,223 1,343,665 15,43?9655 Dec. YTD 2005 Collections 5,7909561 4,370565 3,591,596 2,222,.862 16,475,704 Dec. YTD Change 5.6% 5.6% 1.3% 20:6% 6.4% Y a RETAIL SUMMARY December YTD 2004 Collections December YTD 2005 Collections December YTD % Change FOOD 1,265,602 1,301,671 2.8% LIQUOR 272,109 288,605 6.1 % APPAREL 708,777 721,949 1.9% SPORT 1,939,906 2,093,324 7.9% JEWELRY 280,469 265,731 -5.3% GIFT 127,035 125,636 -1.1 % GALLERY 81,650 52,803 -35.3% OTHER 799,315 930,997 16.5% HOME 11,232 9,865 -12.2% OCCUPATION TOTAL 5,486,095 5,790,581 5.6% MEMORANDUM To: Vail Town Council From: Stan Zemler, Vail Town Manager Date: February 21, 2006 Subject: Economic Advisory Council Proposal BACKGROUND Throughout 2006, staff will be working with the Town Council to continue improving the economic health of Vail with a focus on generating sales tax growth, the continued redevelopment and working with the community to coordinate economic - related efforts. To organize these efforts, it is recommended an Economic Advisory Council be created to make recommendations to the Vail Town Manager and Vail Town Council regarding economic issues and short and long -term economic strategies. Following is an outline of the proposed Economic Advisory Council PROPOSED PURPOSE OF THE ECONOMIC ADVISORY COUNCIL As proposed, the purpose of the Economic Advisory Council would be to: • Advise the Vail Town Council, Vail Town Manager and community on economic issues that will sustain, enhance and diversify the town's economy. • Focus on the overall economic future of Vail (West Vail to East Vail) and develop an organized plan of action using specific information gained from past studies, as well as existing trends and conditions. MAKE -UP OF THE ECONOMIC ADVISORY COUNCIL Members of the Economic Advisory Council would be appointed by the Vail Town Manager, with input from the Vail Town Council, and include a broad spectrum of proven, experienced community leaders and decision makers. The Economic Advisory Council would consist of up to 11 members who are Vail residents, property owners and /or Town of Vail business license holders and would include: • Three members from the community -at -large • Appointed Vail Town Council member • Vail Resorts, Inc. representative(s) • Lodging representative(s) • Food and beverage representative(s) • Retail representative(s) • Second homeowner(s) The Economic Advisory Council meetings would be open to the public with availability for public participation as scheduled. i TIMETABLE A notice seeking volunteers to serve on the Economic Advisory Council would be posted following the Feb. 21 Vail Town Council meeting. Those interested would be asked to submit a letter of interest describing their knowledge, skills and abilities. Letters would be due to the Vail Town Manager's office no later than noon Tuesday, March 21, with appointments made by April 2006. The Economic Advisory Council would meet once per month. The Vail Town Manager and other staff as designated by the Vail Town Manager would oversee the Economic Advisory Council ACTION REQUESTED OF COUNCIL • Approve and /or modify the purpose of the Economic Advisory Council • Approve and /or modify the structure of the Economic Advisory Council • Approve and /or modify the timetable for the Economic Advisory Council MEMORANDUM To: Vail Town Council From: Stan Zemler, Vail Town Manager Date: February 21, 2006 Subject: Economic Advisory Council Proposal BACKGROUND Throughout 2006, staff will be working with the Town Council to continue improving the economic health of Vail with a focus on generating sales tax growth, the continued redevelopment and working with the community to coordinate economic-related efforts. To organize these efforts, it is recommended an Economic Advisory Council be created to make recommendations to the Vail Town Manager and Vail Town Council regarding economic issues and short and.long-term economic strategies. Following is an outline of the proposed Economic Advisory Council. PROPOSED PURPOSE OF THE ECONOMIC ADVISORY COUNCIL As proposed, the purpose of the Economic Advisory Council would be to: • Advise the Vail Town Council, Vail Town Manager and community on economic issues that will sustain, enhance and diversify the town's economy. • Focus on the overall economic future of Vail (West Vail to East Vail) and develop an organized plan of action using specific information gained from past studies, as well as existing trends and conditions. MAKE-UP OF THE ECONOMIC ADVISORY COUNCIL Members of the Economic Advisory Council would be appointed by the Vail Town Manager, with input from the Vail Town Council, and include a broad spectrum of proven, experienced community leaders and decision makers. The Economic Advisory Council would consist of up to 11 members who are Vail residents, property owners and/or Town of Vail .business license holders and would include: • Three members from the community-at-large • Appointed Vail Town Council member • Vail Resorts, Inc. representative(s) • Lodging representative(s) • Food and beverage representative(s) • Retail representative(s) • Second homeowner(s) The Economic Advisory Council meetings would be open to the public with availability for public participation as scheduled. t4se . V isitor ~ C''~i• R~14 ~,~ ~v SAIL A V L LEY Chamber &Tourism Bureau Your Success Connection VAIL LODGING OCCUPANCY FORECAST Summary of Booking Patterns as of January 31, 2006 Prepared by MTRiP (RRC Associates & Advisory Group), February 14, 2006 This report summarizes selected results of the Vail Lodging Occupancy forecast as of January 31, 2006. The Vail Lodging Occupancy Forecast provides data on booking patterns at Vail lodging properties, for both historic months and the forward-looking 6 months, and as such provides a barometer and advance indicator of overnight stays in Vail. Study mefhodoloyv: Twelve Vail lodging properties, representing approximately 1,557 rooms, participated in this month's lodging occupancy survey: • Destination Resorts Vail • Prudential Colorado Properties • Vail Marriott Mountain Resort and Spa • Evergreen Lodge • The Lodge at Vail • Vail Racquet Club • Manor Vail Resort • Vail Cascade Resort & Spa Vail Spa Condominiums • Peak Properties Inc. Vail International Condominiums • Westwind at Vail The lodging occupancy survey permits comparisons of lodging activity this year to the same point in time last year, allowing for "pacing° analysis. Moreover, this year's and last year's bookings "to date" . can also be compared to last year's historical actual bookings, allowing an understanding of the degree of "fill" achieved to date for occupancy in upcoming months. Vail's occupancy results can also be compared to those at across-section of other mountain communities which are deploying similar lodging occupancy surveys with MTRiP. • Occupancy results: o Vail occupancvpacina: This period's occupancy pacing shows a mix of strengths and weaknesses, varying by month. ,January's occupancy was up from the prior year (8.6 percent), continuing the gradual upward trend seen since the beginning of the winter season. Looking ahead, February's occupancy is down 1.7 percent from one year ago; March is down 12.5 percent; and April is up 37.3 percent. Beginning to look into the summer months, May is down 5.5 percent, June is down 55.8 percent, and July is up 25.1 percent.. The significant weakness in March warrants attention, while the strength in April is clearly a function of the later Easter this year (April 16, 2006 vs. March 27, 2005). o Vail absolute occupancy rates Based on 2005 results, Vail tends to experience its highest winter occupancy rates in March (77 percent in 2005) and February (76 percent), followed by January (68 percent), December (66 percent), April (37 percent), and November (23 percent). This provides a general.indicator ofwhen the community tends to be busiest on a monthly average basis. o -Vail fill patterns: Many of the room nights for upcoming months have yet to be booked, meaning that there is still time to stimulate business. Based on last season's patterns, as of January 31 this year, it is estimated that almost all February room nights had been booked (this may have been anomalous, or may reflect unusual booking patterns),16percent of March room nights had yet to * 100 East Meadow Drive, Suite 34 `Vail, CO 81657 * p. (970)476-1000 ' f. (970)476-6008 www. visitvailvalley.com ii5c . ~'iriror . ~o~ `vc4 3.~ LG 3 CAI L VA L L EY Chamber &Tourism Bureau Yaur Success Connection be booked, and 45 percent of April room nights had yet to be booked. In regards to the summer season, 53 percent of May room nights had yet to be booked, followed by 54 percent in June and 76 percent in July. o Comparisons to othermountain resorts• Based on lodging occupancy data at across-section of western U.S. mountain resorts, some of the monthly patterns observed at Vail are also shared across the industry. Specifically, Vail's strength in January and April relative to last season were/are also observed at many other resorts. However, there are also some differences: Vail fared significantly better than the industry averages in November and December (from a pacing standpoint - i.e. this season vs. last season), but is trending slightly worse than average in February, and significantly worse than average in March. (Vail did have a particularly strong March last winter, setting up a difficult comparison this season.) • Vail average nightly rate: Average nightly room rates in Vail are strong during the winter season, currently trending up about 4 to 14 percent from last year for December through April. Summer average nightly room rates are down between 0.5 and 13 percent from last year. Absolute room rates vary from approximately $140 in November to $370 in March during the winter season and $90 in May to $170 in July during the summer, generally following variations in.demand. * i00 East Meadow Drive, Suite 34 * Vail, CO 81657 * p. (970)476-1000 * f. (970)476-6008 * www, visitvailvalley.com • To~uncfAwn ~.. ,~ ~ ~ P.O. Bmc975 900 Beid'rr~ic Rted Awn, Coloiacb81Gd7 97C}74~AOQ5 C O L O R A D O 0>~ce of the Town Manager To: Honorable Mayor and Town Council t i From: Larry Brooks, Town Manager ~ ~ -~'~ -' ~~: i Date: January 5, 2006 ~/ f Regarding: Ordinance 05-14, an ordinance prohibiting smoking in .certain places, and providing fines for the violation thereof. Summary: S Attached for your consideration, you will find an ordinance that would prohibit smoking in specified places within the Town of Avon. This ordinance has been prepared by John Dunn, and_is a direct effort to mirror the legislation currently being considered by Eagle County at this time. It has been the expressed intent of the Avon Town Council to create seamless legislation with Eagle County, so that Avon residents and guests can enjoy a consistent level of expectations regarding smoke free environments. The Avon Council is entertaining this legislation after reviewing and discussing the results of Eagle County Ballot question on November 1,2005. For that question, 72% of the responding electors voted in favor of an ordinance prohibiting smoking in Eagle County. Mayor Wolfe and I attended the Eagle County Commissioners meeting on December 6~' to observe the passage of the County ordinance on first reading. It is the staff intent to parallel not only the content of the legislation with the county, but to shadow the implementation timeline as well. We have been in contact with the County Attomey throughout this process; and have shared our minor modifications of our ordinances as they have gone through first reading. For second reading, John Dunn will provide the council with a verbal summary of the changes requested from the last meeting. The County will consider their ordinance on second reading at 11 am on the 10~' of January just prior to our discussion the same evening. Bryan (County Attorney) will call me after takes place to share the actual income with the Town. • Recommended Action: Approve Ordinance 05-14, an Ordinance Amending Title 8, Avon Municipal Code, Prohibiting Smoking in Certain Places, and Providing Fines for the Violation thereof. TOWN OF-AVON, COLORADO ORDINANCE NO.OS-14 SERIES OF 2005 -- -- AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL CODE, PROHIBITING SMOKING IN CERTAIN PLACES, AND PROVIDING FINES FOR THE VIOLATION HEREOF WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease, including heart disease, respiratory disease and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke accounts for an estimated 53,000 deaths annually in the U.S. At special risk are children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and WHEREAS, secondhand smoke has been classified as a Group A carcinogen equally hazardous as asbestos by the Environmental Protection Agency; and WHEREAS, secondhand smoke contains more than 4,000 chemicals, including arsenic, formaldehyde, hydrogen cyanide and radioactive elements. More than 60 of these chemicals have been identified as carcinogens; and WHEREAS, studies have shown there is no safe level of exposure to secondhand smoke; and WHEREAS, the Town Council has determined that the best interests and the health, safety and welfare of the citizens of, workers of, and visitors to the Town of Avon~will be served by enacting regulations prohibiting smoking in public place and places of employments, as defined herein, within the Town; ,. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Title 8, Avon Municipal Code, is amended by the addition of a Chapter 8.24 to provide as follows: 8.24.010. Purpose. The Town Council finds and declares that the, purposes of this Chapter are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) to guarantee the right to breathe smoke-free air, and 3) to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke. 8.24.020. Definitions. The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section: Bar means a bar area of a restaurant or an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages, including, but not limited to, taverns, nightclubs, and cocktail lounges. As used in this Chapter, the term bar shall include any outdoor seating or serving areas within the exterior walls, fences or otherwise defined limits thereof. ' Business means any sole proprietorship, partnership, joint venture, corporation or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold as well as professional corporations and other ertities where legal, medical, dental, engineering, architectural or other professional services are delivered. Commercial Bingo and Gaming Facility means premises used for the purpose of conducting games of chance. Employee means any person who is employed by any employer for director indirect monetary wages or profit and any person who volunteers his or her services for anon-profit or business entity. Employer means any person, partnership, corporation or other business entity, including municipal corporations or non-profit entities, which employs the services of one or more individual persons. Enclosed Area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid "office landscaping" or similar structures. Place of Employment means any area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms and classrooms, employee cafeterias, private clubs and hallways. Place of employment includes all bars and restaurants. A private residence is not a Place of Employment unless it is used as a childcare, adult day care or health care facility. Private Club means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. A Private Club shall not include an establishment that is open to members of the general public upon payment of a nominal fee. A Private Club must have established bylaws and/or other written operating standards to govern its activities, including written definitions and descriptions of its Ordinance No. OS-14 Smoking [ian Page 2 of S membership policies, including a description of eligibility for membership. A Private. Club must administer its membership system consistent with adopted policies and must maintain a written list of current members. A Private Club must structure its memberships so as to provide for membership status to be ongoing as opposed to one-time, weekly or incidental memberships. A Private. club must charge a fee or membership in.an amount intended to defray the ongoing cost of providing services to members as opposed to a "cover charge" or other nominal fee intended to pay for a single night's or week's entertainment. A Private Club must have been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. A Private Club must not be open to the general public, although infrequent, occasional public functions are permissible so long as they constitute an insignificant proportion of the establishment's operation and so long as smoking is prohibited during any such public function. A Private Club must be physically separate from any public place. Public Place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, commercial bingo and gaming facilities, convention halls, covered parking structures, public or private educational facilities, childcare, adult daycaze or medical or healthcare facilities, guest rooms in any commercial lodging establishment, Laundromats, performance halls, polling places, professional offices, public transportation facilities and vehicles, reception areas, restaurants, bars, retail food production and marketing/grocery establishments, retail service establishments, retail stores and theaters; every room, chamber, places of meeting or public assembly; all areas of an establishment that are open to, or customarily used by, the general public, including but not limited to elevators, restrooms, lobbies, reception areas, hallways, waiting rooms and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple- unit residential facilities. A private residence, only when in use as a childcare, adult daycare, or healthcaze facility is a Public Place. A Private Club is not a Public Place unless it is being used for a function, to which the general public is invited. Recreational Facility means indoor or outdoor sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, fairgrounds, skate parks, soccer fields, ball fields, playgrounds and other venues similar to those listed above where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports or other events, including all the spectator stands for such events. Recreational Facility shall not include the outdoor parking lots of said facilities; however, smoking in said parking lots remains subject to the smoke free perimeter requirements set forth.in Section 8.24.070 hereunder. - Restaurant means any coffee shop, cafeteria, sandwich stand, open food stand, private and public school cafeteria and any other eating establishment which gives or offers food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that Restaurant shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined above. A facility shall conclusively be considered to be a Restaurant for the purposes of this Chapter, regardless of the category of liquor license under which that facility operates; if such facility: (a) serves malt, vinous, and/or spirituous liquors; and (b) includes a restaurant, as defined by C.R.S. 12-47- 103(30), or operates a kitchen used for preparing meals, as defined by C.R.S. 12-47-103(20). As Ordinance No. OS-14 Smoking Ban Page 3 of 8 used in this Chapter, Restaurant shall include any outdoor seating or serving areas within the exterior walls, fences or otherwise defined limits thereof. Retail Tobacco Store means a retail store utilized primarily for the sale of tobacco_ products and accessories and in which the sale of other products is merely incidental. Service Line means any indoor and outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money, including but not limited to, movie ticket lines, theater lines, concert lines, sporting events lines, food vendor lines, lift ticket lines, and chair lift/gondola lines. For purposes of this Chapter, Service Line as it relates to chair lift/gondola lines shall include both the line to embark on a chair lift/gondola and the time spent riding the chair lift/gondola until disembarking. Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or other lighted plant or combustible substance in any manner or in any form. Smoke free describes an establishment, facility or the premises controlled by said establishment or facility that has been declared to be a place in which smoking is prohibited, whether by the terms of this Chapter or by the owner or operator of said establishment or facility. 8.24.030. Application of Chapter to Town-Owned Facilities. All facilities including buildings and vehicles owned by the Town of Avon shall be subject to the provisions of this Chapter. No person shall smoke in any motor vehicle owned or operated by Town of Avon; in any public meeting room or during any public meeting held in any building owned or operated by the Town of Avon; or in any entrance way, steps, porticos or other area adjacent to, but which is on the exterior of, a building owned or operated by the Town of Avon except as set forth herein or as otherwise designated as an allowed outside smoking area by the Town Manager. 8.24.040. Smoking in Public Places Prohibited. It is unlawful to smoke in any public place within the Town of Avon, except as expressly permitted by Section 8.24.100 hereof. 8.24.050. Smoking in Places of Employment Prohibited. (a) It is unlawful to smoke in any enclosed facility within any Place of Employment, including common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, covered parking garages, hallways, medical facilities, clinics, cafeterias, employee lounges, stairs, restrooms and any other enclosed facility. (b) This prohibition on smoking in Places of Employment shall be communicated to all existing employees prior to the effective date of the ordinance codified in this Chapter and to all prospective employees upon their application for employment. Ordinance No. OS-14 Smoking Ban Page 4 01~ 8 G 8.24.060. Smoking in Service Lines Prohibited. It is unlawful to smoke in any Service Line or within twenty-five (25) feet of any Service Line. 8.24.070. Smoking at Recreational Facilities Prohibited. It is unlawful to smoke in any Recreational Facility or within twenty-five (25) feet of any Recreational Facility. 8.24.080. Smoking at Outdoor Seating Areas Prohibited. It is unlawful to smoke within the exterior walls, fences or otherwise defined limits of an outdoor seating or serving area of a Restaurant or Bar or within twenty-five (25) feet thereof. 8.24.090. Smoking within Smoke-free Perimeter Prohibited. It is unlawful to smoke within twenty-five (25) feet outside of an entrance, passageway, operable window, ventilation system or other opening of an enclosed smoke-free area. 8.24.100. Where Smoking is Not Prohibited. (a) Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be a violation of this Chapter: (1) Private residences, except when used as a childcare, adult care or healthcare facility. (2) Hotel and lodge rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than ten percent (10%) of rooms rented to guests in a hotel or lodge may be so designated. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this Chapter. The status of rooms as smoking or nonsmoking may not be changed except to add additional nonsmoking rooms. Employees of such establishments must be notified in the hiring process that the establishment is not aSmoke-free Place ofEmployment. (3) Retail tobacco stores, provided that smoke does not infiltrate into areas where smoking is prohibited under the provisions of the Chapter and provided that employees of such establishments are notified in the hiring process that the establishment is not a Smoke-free Place of Employment. (4) Outdoor areas of Places of Employment except as prohibited by Sections 8.24.060 and 8.24.070 hereof. Ordinance No. OS-14 Smoking Ban Page 5 of 8 (5) Private Clubs that have no employees, except when being used for a function to which the general public is invited. (6) Outdoor, uncovered parking lots for upper levels of parking garages. meeting the perimeter requirements of Sections 8.24.060 through 8.24.090 hereof. (7) Smoking by performers as part of a stage production at a facility primarily used for exhibiting drama performances. (b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare the entire establishment, facility or grounds Smoke-free. 8.24.110. .Posting of Signs. Signs indicating that smoking is prohibited, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it) shall be clearly and conspicuously posted in every building or other areas where smoking is prohibited by this Chapter or by the owner, operator, manager or other person having control of such building or other area. 8.24.120. Enforcement. (a) Enforcement of this Chapter shall be implemented and enforced by the Police Department, the Community Service Officer or his or her authorized representative, or both. (b) Any person who desires to register a complaint under this chapter may initiate enforcement with the Town of Avon Police Department. (c) Any Town of Avon Police Officer or the Community Service Officer inay inspect for compliance with this Chapter while an establishment is undergoing otherwise mandated inspections by the Town or by Eagle County. (d) Any owner, manager, operator or employee of any establishment regulated by this Chapter shall inform persons violating provisions of this Chapter of the appropriate provisions thereof and request their compliance. (e) Notwithstanding any other provision of this Chapter, ari Employee or private citizen may bring legal action to enforce the provision hereof. 8.24.130. Retaliation Prohibited. (a) It shall be unlawful for any Employer to discharge, refuse to hire or retaliate in any manner against any Employee or applicant for employment because such Employee or applicant for employment exercises any rights afforded by this Chapter or reports or attempts to prosecute a violation of this Chapter. Ordinance No. OS-14 Smoking Ban Page 6 of 8 (b) It shall be unlawful for any person to retaliate in any manner against any customer because such customer exercises any rights afforded by this Chapter or reports or~attempts to prosecute a violation of this Chapter. 8.24.140. Violations and Penalties. (a) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Chapter to allow or condone smoking in a prohibited location within such premises-or otherwise fail to comply with any of the provisions of this Chapter. (b) It is unlawful for any person to smoke in any area where smoking is prohibited by 'the provisions of this Chapter. (c) Any person who owns, manages, operates or otherwise controls the use of any premises or any other person who violates any provision of this Chapter shall be guilty of a violation of this Chapter, punishable by: (1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation. (3) A fine not exceeding five hundred dollars ($500) for each additional violation. (d) Violation of this Chapter is hereby declared to be a public nuisance, which may be abated by the Town by restraining order, preliminary and permanent injunction, or other means provided for by law, and the Town may take action to recover the costs of the nuisance abatement. (e) Each day of continuing violation shall be deemed to be a separate violation. (f) Notwithstanding any other provision of this Chapter; an Employee or private citizen may bring legal action to enforce the provisions of this. Chapter. 8.24.150. Public Education. The Town, alone or in cooperation with Eagle County, may engage in a continuing program to explain and clarify the purposes and requirements of this Chapter to citizens affected by it and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this Chapter. However, the provision of such an educational program shall not be a prerequisite to the applicability of the terms and conditions herein. 8.24.160. Other Applicable Laws. Ordinance No. OS-14 Smoking Ban Page 7 of 8 This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. 8.24.Il70. Liberal Construction. This Chapter shall be liberally construed so as to further its purposes. Section 2. Severability. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 3. Effective Date. This Ordinance shall be effective sixty (60) days from and after the date of its adoption on final reading. Section 4. Penalties. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of December, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Co cil on the 10th of January, 2006, at 5:30 P.M. in the Council Chambers, Avon Municipal uilding, 400 Ben ark Road, Avon; Colorado. % ..:, r .. onal C: Wolfe ~NIa or ~` Y . ATTEST: 3 ~ ~, :. - Patty c enny, To Jerk INTRODUCED, FINALLY APPRO ,PASSED ON SECOND READING AND ORDERED POSTED the 10th day of Janu , 20 6. ~- onald C. Wolfe, Mayor AT ST: Patty Mc nn Town Clerk APPROVED AS TO FORM: Jo W. Dunn, Town Attorney Ordinance No. OS-14 Smoking Ban Page 8 of 8 Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the Ho:rse of Introduction LLS N0.06-0247.01 Duane Gau ~ HOUSE BILL 06-1175 - - - HOUSE SPONSORSHIP May M, and Pommer, Larson, Balmer, Benefield, Berens, Boyd, Carroll T., Frangas, Hall, Lindstrom, McCluskey, McGihon, Riesberg, Soper, Stengel, Sullivan, Todd, and Vigil SENATE SPONSORSHIP Grossman and Evans, Fitz-Gerald, Groff, Johnson, Tupa, and Windels House Committees Health and Human Services Senate Committees A BILL FOR AN ACT 101 CONCERNING ENACTMENT OF THE "COLORADO CLEAN INDOOR AIR 102 ACT", AND, ITT CONNECTION THEREWITH, PROHIBITING 103 SMOKING IN INDOOR ENCLOSED AREAS, INCLUDING PLACES OF 104 EMPLOYMENT. Bill Summary v ~ o ~ N (Note: This summary applies to this bill as introduced and does > not necessarily reflect any amendments- that may be subsequently = adopted.) ~~ ~~ M Enacts the "Colorado Clean Indoor Air Act" (act). Makes legislative findings and declares that the purpose of the act is to preserve and improve the health, comfort, and environment of the people of this ~ o state by limiting exposure~to tobacco smoke. ~ ° v ~ o ~ ~ O cV ~,. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. _ ~ Capital letters indicate new material to be added to existing statute. ~ ~ Dashes through the words indicate deletions from existing statute. ~ LL' E Specifies that, to reduce the levels of exposure to .environmental tobacco smoke, smoking shall not be permitted in any indoor enclosed area, including, but not limited to: Public meeting places; elevators; government-.owned or -operated means of mass transportation; including, but not limited to, buses, vans, and trains; taxicabs and limousines; grocery stores; gymnasiums; jury waiting and deliberation rooms; courtrooms; child day care facilities; health care facilities, including hospitals, health care clinics, doctor's offices, and other health care related facilities; any place of employment not exempted; food service establishments; bars; limited gaming facilities; indoor sports arenas; restrooms, lobbies, hallways, and other common areas in public and private buildings,. condominiums, other multiple-unit residential facilities, hotels, and motels; at least 75% of the sleeping quarters within a hotel or motel that are rented to guests; bowling alleys; billiard or pool halls; retirement facilities and nursing homes, 'not including any private residence; public buildings; auditoria; theaters; museums; libraries; public schools, nonpublic schools, and other educational and vocational institutions; and facilities in which games of chance are conducted. In the case of employers who own facilities exempted from this act, requires those employers to provide asmoke-free work area for every employee requesting not to have to breathe environmental tobacco smoke and establishes that every employee has a right to work in an area free of environmental tobacco smoke. Makes exceptions to the general prohibitions of smoking for private homes, residences, and automobiles; limousines under private hire; hotel or motel rooms if the total percentage of the hotel or motel rooms.in which smoking is permitted does not exceed 25%; retail tobacco businesses; cigar-tobacco bars; the enclosed smoking areas of a .municipally operated international airport; and the outdoor area of any business. Permits the owner or manager of any place to post, at such owner's or manager's discretion, signs prohibiting smoking or providing smoking and nonsmoking areas, which posting will have the effect of including such areas within the places where smoking is prohibited or restricted under the act. Permits local authorities to enact smoking regulations that cover the same subject matter as the provisions of the act. Specifies that no local regulations can be less stringent than the act, except in defining the smoke-free radius around the doorway of a building, which, unless otherwise specified, shall be 15 feet. Allows enforcement of such local regulations through the municipal courts or their equivalent in any city, city and county, or town. Makes violation of the act a class 2 petty offense punishable by a fine not to exceed $200 for a first violation within a calendar year, a fine not to exceed $300 for a second violation within a calendar year, and a -2- 1175 fine not to exceed $500 for each additional violation within a calendar year. Deems each day of a continuing violation a separate violation of the act. Makes. it an unfair employment practice, unfair housing-practices -- ---- and adiscriminatory practice for a place of public accommodation to retaliate against any person or discharge any employee for requesting enforcement of the act or reporting a violation. Repeals provisions of current law that are inconsistent with the provisions of the act. 1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. Article 14 of title 25, Colorado Revised Statutes, is 3 amended BY THE ADDITION OF A NEW PART to read: 4 PART 2 5 COLORADO CLEAN INDOOR AIR ACT 6 25-14-201. -Short title. THIS PART 2 SHALL BE KNOWN AND MAY 7 BE CITED AS THE "COLORADO CLEAN INDOOR AIR ACT". 8 25-14-202. Legislative declaration. THE GENERAL AssEMBLY 9 HEREBY FINDS AND DETERMINES THAT IT IS IN THE BEST INTEREST OF THE 10 PEOPLE OF THIS STATE TO PROTECT NONSMOKERS FROM INVOLUNTARY 11 EXPOSURE TO ENVIRONMENTAL TOBACCO SMOKE IN MOST INDOOR AREAS 12 OPEN TO THE PUBLIC, PUBLIC MEETINGS, FOOD SERVICE ESTABLISHMENTS, 13 AND PLACES OF EMPLOYMENT. THE GENERAL ASSEMBLY FURTHER FINDS 14 AND DETERMINES THAT'A BALANCE SHOULD BE STRUCK BETWEEN THE 15 HEALTH CONCERNS OF NONCONSUMERS OF TOBACCO PRODUCTS AND THE 16 NEED TO MINIMIZE UNWARRANTED GOVERNMENTAL INTRUSION INTO, AND 17 REGULATION OF, PRIVATE SPHERES OF CONDUCT AND CHOICE WITH 18 RESPECT TO THE USE OR NONUSE OF TOBACCO PRODUCTS IN CERTAIN 19 DESIGNATED PUBLIC AREAS ,AND IN PRIVATE PLACES. THEREFORE, THE 20 GENERAL ASSEMBLY HEREBY DECLARES THAT THE PURPOSE OF THIS PART -3- 1175 0 1 2 IS TO PRESERVE AND IMPROVE THE HEALTH, COMFORT, AND 2 ENVIRONMENT OF THE PEOPLE OF THIS STATE BY LIMITING EXPOSURE TO 3 TOBACCO SMOKE. - - - - 4 25-14-203. Definitions. AS USED IN THIS PART 2, UNLESS THE 5 CONTEXT OTHERWISE REQUIRES: 6 (1) "AIRPORT SMOKING CONCESSION" MEANS A BAR OR 7 RESTAURANT, OR BOTH, IN A PUBLIC AIRPORT WITH REGULARLY 8 SCHEDULED DOMESTIC AND INTERNATIONAL COMMERCIAL PASSENGER 9 FLIGHTS, IN WHICH BAR OR RESTAURANT SMOKING IS ALLOWED IN A FULLY 10 ENCLOSED AND INDEPENDENTLY VENTILATED AREA BY THE TERMS OF THE 11 CONCESSION. 12 (2) "AUDITORIiJM" MEANS THE PART OF A PUBLIC BUILDING WHERE 13 AN AUDIENCE GATHERS TO ATTEND A PERFORMANCE, AND INCLUDES ANY 14 CORRIDORS, HALLWAYS, OR LOBBIES ADJACENT THERETO. 15 (3) "BAR" MEANS ANY INDOOR AREA THAT IS OPERATED AND 16 LICENSED UNDER ARTICLE 47 OF TITLE 12, C.R.S., PRIMARILY FOR THE 17 SALE AND SERVICE OF ALCOHOL BEVERAGES FOR ON-PREMISES 18 CONSUMPTION AND WHERE THE SERVICE OF FOOD IS SECONDARY TO THE 19 CONSUMPTION OF SUCH BEVERAGES. 20 (4) "CIGAR-TOBACCO BAR" MEANS A BAR THAT, IN THE CALENDAR 21 YEAR ENDING DECEMBER 31, 2005, GENERATED AT LEAST FIVE PERCENT 22 OR MORE OF ITS TOTAL ANNUAL GROSS INCOME OR FIFTY THOUSAND 23 DOLLARS IN ANNUAL SALES FROM THE ON-SITE SALE OF TOBACCO 24 PRODUCTS AND THE RENTAL OF ON-SITE HUMIDORS, NOT INCLUDING ANY 25 SALES FROM VENDING MACHINES. IN ANY CALENDAR YEAR AFTER 26 DECEMBER 31, 2005, A BAR THAT FAILS TO GENERATE AT LEAST FIVE 27 PERCENT OF ITS TOTAL ANNUAL GROSS INCOME OR FIFTY THOUSAND -4- 1175 1 DOLLARS IN ANNUAL SALES FROM THE. ON-SITE SALE OF TOBACCO 2 PRODUCTS AND THE RENTAL OF ON-SITE HUMIDORS SHALL NOT BE DEFINED 3 AS A "CIGAR-TOBACCO BAR" AND SHALL NOT THEREAFTER BE INCLUDED 4 IN THE DEFINITION REGARDLESS OF SALES FIGURES. 5 (5) (a) "EMPLOYEE" MEANS ANY PERSON WHO: 6 (I) PERFORMS ANY TYPE OF WORK FOR BENEFIT OF ANOTHER IN 7 CONSIDERATION OF DIRECT OR INDIRECT WAGES OR PROFIT; OR 8 (II) PROVIDES UNCOMPENSATED WORK OR SERVICES TO A 9 BUSINESS OR NONPROFIT ENTITY. 10 (b) "EMPLOYEE" INCLUDES EVERY PERSON DESCRIBED IN 11 PARAGRAPH (a) OF THIS SUBSECTION (5), REGARDLESS OF WHETHER SUCH 12 PERSON IS REFERRED TO AS AN EMPLOYEE, CONTRACTOR, INDEPENDENT 13 CONTRACTOR, OR VOLUNTEER OR BY ANY OTHER DESIGNATION OR TITLE. 14 (6) "EMPLOYER" MEANS ANY PERSON, PARTNERSHIP, ASSOCIATION, 15 CORPORATION, OR NONPROFIT ENTITY THAT EMPLOYS ONE OR MORE 16 PERSONS. "EMPLOYER" INCLUDES, WITHOUT LIMITATION, THE 17 LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES OF STATE 18 GOVERNMENT; ANY COUNTY, CITY AND COUNTY, CITY, OR TOWN, OR 19 INSTRUMENTALITY THEREOF, OR ANY OTHER POLITICAL SUBDIVISION OF 2O THE STATE, SPECIAL DISTRICT, AUTHORITY, COMMISSION, OR AGENCY; OR 21 ANY OTHER SEPARATE CORPORATE INSTRUMENTALITY OR UNIT OF STATE 22 OR LOCAL GOVERNMENT. 23 (7) '.'ENTRYWAY" MEANS THE OUTSIDE OF THE FRONT OR MAIN 24 DOORWAY LEADING INTO A BUILDING OR FACILITY THAT IS NOT EXEMPTED 25 FROM THIS PART 2 UNDER SECTION 25-14-205. "ENTRYWAY" ALSO 26 INCLUDES THE AREA OF PUBLIC OR PRIVATE PROPERTY WITHIN A SPECIFIED 27 RADIUS OUTSIDE OF THE DOORWAY. THE SPECIFIED RADIUS SHALL BE -~ _5_ 1175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DETERMINED BY THE LOCAL AUTHORITY OR, IF THE LOCAL AUTHORITY HAS NOT ACTED, THE SPECIFIED RADNS SHALL BE FIFTEEN FEET. (8) "ENVIRONMENTAL TOBACCO SMOKE", "ETS", OR "SECONDHAND SMOKE" MEANS THE COMPLEX MIXTURE FORMED FROM THE ESCAPING SMOKE OF A BURNING TOBACCO PRODUCT, ALSO KNOWN AS "SIDESTREAM SMOKE", AND SMOKE EXHALED BY THE SMOKER. (9) "FOOD SERVICE ESTABLISHMENT" MEANS ANY INDOOR AREA OR PORTION THEREOF IN WHICH THE PRINCIPAL BUSINESS IS THE SALE OF FOOD FOR ON-PREMISES CONSUMPTION. THE TERM INCLUDES, WITHOUT LIMITATION, RESTAURANTS, CAFETERIAS, COFFEE SHOPS, DINERS, SANDWICH SHOPS, AND SHORT-ORDER CAFES. (l O) "INDOOR AREA" MEANS ANY ENCLOSED AREA OR PORTION THEREOF. THE OPENING OF WINDOWS OR DOORS, OR THE TEMPORARY REMOVAL OF WALL PANELS, DOES NOT CONVERT AN INDOOR AREA INTO AN OUTDOOR AREA. (11) "LOCAL AUTHORITY" MEANS A COUNTY, CITY AND COUNTY, CITY, OR TOWN. (12) "PLACE OF EMPLOYMENT" MEANS ANY INDOOR AREA OR PORTION THEREOF UNDER THE CONTROL OF AN EMPLOYER IN WHICH EMPLOYEES OF THE EMPLOYER PERFORM SERVICES FOR, OR ON BEHALF OF, . THE EMPLOYER. (13) "PUBLIC BUILDING" MEANS ANY BUILDING OWNED OR OPERATED BY: (a) THE STATE, INCLUDING THE LEGISLATIVE; EXECUTNE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT; (b) ANY COUNTY, CITY AND COUNTY, CITY, OR TOWN, OR INSTRUMENTALITY THEREOF, OR ANY OTHER POLITICAL SUBDNISION OF -6- 1175 0 1 THE STATE, A SPECIAL DISTRICT, AN AUTHORITY, A COMMISSION, OR AN 2 AGENCY; OR 3 (C) ANY OTHER SEPARATE CORPORATE INSTRUMENTALITY OR UNIT 4 OF STATE OR LOCAL GOVERNMENT. 5 (14) "PUBLIC MEETING" MEANS ANY MEETING OPEN TO THE PUBLIC 6 PURSUANT TO PART 4 OF ARTICLE 6 OF TITLE 24, C.R.S., OR ANY OTHER 7 LAW OF THIS STATE. 8 (15) "SMOKE-FREE WORK AREA" MEANS AN INDOOR AREA IN A 9 PLACE OF EMPLOYMENT WHERE SMOKING IS PROHIBITED UNDER THIS PART 10 2. 11 (16) "SMOKING" MEANS THE BURNING OF A LIGHTED CIGARETTE,. 12 CIGAR, PIPE, OR ANY OTHER MATTER OR SUBSTANCE THAT CONTAINS 13 TOBACCO. 14 (17) "TOBACCO" MEANS CIGARETTES, CIGARS, CHEROOTS, I S STOGIES, AND PERIQUES; GRANULATED, PLUG CUT, CRIMP CUT, READY 16 RUBBED, AND OTHER SMOKING TOBACCO; SNUFF AND SNUFF FLOUR; 17 CAVENDISH; PLUG AND TWIST TOBACCO; FINE-CUT AND OTHER CHEWING 18 TOBACCO; SHORTS, REFUSE.SCRAPS, CLIPPINGS, CUTTINGS, AND SWEEPINGS 19 OF TOBACCO; AND OTHER KINDS AND FORMS OF TOBACCO, PREPARED IN 20 SUCH MANNER AS TO BE SUITABLE FOR CHEWING OR FOR SMOKING IN A 21 CIGARETTE, PIPE, OR OTHERWISE, OR BOTH FOR CHEWING AND SMOKING. 22 "TOBACCO" ALSO INCLUDES CLOVES AND ANY OTHER PLANT MATTER OR 23 PRODUCT THAT IS PACKAGED FOR SMOKING. 24 (18) "TOBACCO BUSINESS" MEANS A SOLE PROPRIETORSHIP, 25 CORPORATION, PARTNERSHIP, OR OTHER ENTERPRISE ENGAGED PRIMARILY 26 IN THE SALE, MANUFACTURE; OR PROMOTION OF TOBACCO, TOBACCO 27 PRODUCTS, OR SMOKING DEVICES OR ACCESSORIES, EITHER AT WHOLESALE -7- 1175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 OR RETAIL, AND IN WHICH THE SALE, MANUFACTURE, OR PROMOTION OF OTHER PRODUCTS IS MERELY INCIDENTAL. (19) "WORK- AREA" MEANS AN AREA IN A PLACE OF EMPLOYMENT WHERE ONE OR MORE. EMPLOYEES ARE ROUTINELY ASSIGNED AND PERFORM SERVICES FOR OR ON BEHALF OF THEIR EMPLOYER. 25-14-204. General smoking restrictions. (1) EXCEPT As PROVIDED IN SECTION 25-14-205, AND IN ORDER TO REDUCE THE LEVELS OF EXPOSURE TO ENVIRONMENTAL TOBACCO SMOKE, SMOKING, SHALL NOT BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY INDOOR AREA, INCLUDING, BUT NOT LIMITED TO: (a) PUBLIC MEETING PLACES; (b) ELEVATORS; (C) GOVERNMENT-OWNED OR -OPERATED MEANS OF MASS TRANSPORTATION, INCLUDING, BUT NOT LIMITED TO, BUSES, VANS, AND TRAINS; (d) TAXICABS AND LIMOUSINES; (e) GROCERY STORES; (f) GYMNASIUMS; (g) JURY WAITING AND DELIBERATION ROOMS; (h) COURTROOMS; (1) CHILD DAY CARE FACILITIES; ~J) HEALTH CARE FACILITIES INCLUDING HOSPITALS, HEALTH CARE CLINICS, DOCTOR'S OFFICES, AND OTHER HEALTH CARE RELATED FACILITIES; (k) (I) ANY PLACE OF EMPLOYMENT THAT IS NOT EXEMPTED. (II) IN THE CASE OF EMPLOYERS WHO OWN FACILITIES OTHERWISE EXEMPTED FROM THIS PART 2, EACH SUCH EMPLOYER SHALL PROVIDE A -8- 1175 0 1 SMOKE-FREE WORK AREA FOR EACH EMPLOYEE REQUESTING NOT TO HAVE 2 TO BREATHE ENVIRONMENTAL TOBACCO SMOKE. EVERY EMPLOYEE SHALL 3 HAVE A RIGHT TO WORK IN AN AREA FREE OF ENVIRONMENTAL TOBACCO 4 SMOKE. S (1) FOOD SERVICE ESTABLISHMENTS; 6 (m) BARS; 7 (n) LIMITED GAMING FACILITIES AND ANY OTHER FACILITIES IN 8 WHICH ANY GAMING OR GAMBLING ACTIVITY IS CONDUCTED; 9 (o) INDOOR SPORTS ARENAS; 1 O (p) ItESTROOMS, LOBBIES, HALLWAYS, AND OTHER COMMON AREAS 11 IN PUBLIC AND PRIVATE BUILDINGS, CONDOMINIiJMS, AND OTHER 12 MULTIPLE-UNIT RESIDENTIAL FACILITIES; 13 (~ RESTROOMS, LOBBIES, HALLWAYS, AND OTHER COMMON AREAS 14 IN HOTELS AND MOTELS, AND IN AT LEAST SEVENTY-FIVE PERCENT OF THE 15 SLEEPING QUARTERS WITHIN A HOTEL OR MOTEL THAT ARE RENTED TO 16 GUESTS; 17 . (r) BOWLING ALLEYS; 18 (S) BILLIARD OR POOL HALLS; 19 (t) FACILITIES IN WHICH GAMES OF CHANCE ARE CONDUCTED; 20 (U) THE COMMON AREAS OF RETIREMENT FACILITIES, PUBLICLY 21 OWNED HOUSING FACILITIES, AND NURSING HOMES, NOT INCLUDING ANY 22 RESIDENT'S PRIVATE RESIDENTIAL QUARTERS; 23 (V) PUBLIC BUILDINGS; 24 (W) AUDITORIA; 25 (X) .THEATERS; 26 (y) MUSEUMS; 27 (z) LIBRARIES; -9- 1175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (aa) TO THE EXTENT NOT OTHERWISE PROVIDED IN SECTION 25-14-103.5, PUBLIC AND NONPUBLIC SCHOOLS; (bb) OTHER EDUCATIONAL AND VOCATIONAL INSTITUTIONS; AND (CC) THE ENTRYWAYS OF ALL BUILDINGS AND FACILITIES LISTED IN PARAGRAPHS (a) TO (bb) OF THIS SUBSECTION (1). (2) ACIGAR-TOBACCO BAR SHALL NOT EXPAND ITS SIZE OR CHANGE ITS LOCATION FROM THE SIZE AND LOCATION IN WHICH IT EXISTED AS OF DECEMBER 31, 2005. ACIGAR-TOBACCO BAR SHALL DISPLAY SIGNAGE IN AT LEAST ONE CONSPICUOUS PLACE AND AT LEAST FOUR INCHES BY SIX INCHES IN SIZE STATING: "SMOKING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF AGE MUST BE ACCOMPANIED BY A PARENT OR GUARDIAN." 25-14-205. Exceptions to smoking restrictions. (1) THIS PART 2 SHALL NOT APPLY TO: (a) PRNATE HOMES, PRIVATE RESIDENCES, AND PRNATE AUTOMOBILES; EXCEPT THAT THIS PART 2 SHALL APPLY IF ANY SUCH HOME, RESIDENCE, OR VEHICLE IS BEING USED FOR CHILD CARE OR DAY CARE OR IF A PRIVATE VEHICLE IS BEING USED FOR THE PUBLIC TRANSPORTATION OF CHILDREN OR AS PART OF HEALTH CARE OR DAY CARE TRANSPORTATION; (b) LIMOUSINES UNDER PRIVATE HIRE; (C) A HOTEL OR MOTEL ROOM RENTED TO ONE OR MORE GUESTS IF THE TOTAL PERCENTAGE OF SUCH HOTEL OR MOTEL ROOMS IN SUCH HOTEL OR MOTEL DOES NOT EXCEED TWENTY-FIVE PERCENT; (d) ANY RETAIL TOBACCO BUSINESS; (e) ACIGAR-TOBACCO BAR; (~ AN AIRPORT SMOKING CONCESSION; -10- 1175 1 (g) THE OUTDOOR AREA OF ANY BUSINESS; 2 (h) A PLACE OF EMPLOYMENT THAT IS NOT OPEN TO THE PUBLIC 3 AND THAT IS UNDER THE CONTROL- OF AN EMPLOYER THAT EMPLOYSTHREE-~ - ' - - 4 OR FEWER EMPLOYEES; 5 (1) A PRIVATE, NONRESIDENTIAL BUILDING ON A FARM OR RANCH, 6 AS DEFINED IN SECTION 39-1-102, C.R.S., THAT HAS ANNUAL GROSS 7 INCOME OF LESS THAN FNE HUNDRED THOUSAND DOLLARS; OR 8 (j) THE RETAIL FLOOR PLAN, AS DEFINED IN SECTION 12-47.1-509, 9 C.R.S., OF A LICENSED CASINO. 10 25-14-206. Optionalprohibitions. (1) THEOWNERORMANAGER 11 OF ANY PLACE NOT SPECIFICALLY LISTED IN SECTION 25=14-204, 12 INCLUDING A PLACE OTHERWISE EXEMPTED UNDER SECTION 25-14-205, 13 MAY POST SIGNS PROHIBITING SMOKING OR PROVIDING SMOKING AND 14 NONSMOKING AREAS. SUCH POSTING SHALL HAVE THE EFFECT OF 15 INCLUDING SUCH PLACE, OR THE DESIGNATED NONSMOKING PORTION 16 THEREOF, IN THE PLACES WHERE SMOKING IS PROHIBITED OR RESTRICTED 17 PURSUANT TO THIS PART 2. 18 (2) IF THE OWNER OR MANAGER OF A PLACE NOT SPECIFICALLY 19 LISTED IN SECTION 25-14-204, INCLUDING A PLACE OTHERWISE EXEMPTED 20 UNDER SECTION 25-14-205, IS AN EMPLOYER AND RECEIVES A REQUEST 21 FROM AN EMPLOYEE TO CREATE A SMOKE-FREE WORK AREA AS 22 CONTEMPLATED BY SECTION 25-14-204 (1) (k) (II), THE OWNER OR 23 MANAGER SHALL POST A SIGN OR SIGNS IN THE SMOKE-FREE WORK AREA 24 AS PROVIDED IN SUBSECTION (1) OF THIS SECTION. 25 25-14-207. Other applicable regulations of smoking -local 26 counterpart regulations authorized. (1) THIS PART 2 SHALL NOT BE 27 INTERPRETED OR CONSTRUED TO PERMIT SMOKING WHERE IT IS OTHERWISE -11- 1175 v 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESTRICTED BY ANY OTHER APPLICABLE LAW. (2) (a) A LOCAL AUTHORITY MAY, PURSUANT TO ARTICLE 16 OF TITLE 31, C.R.S., A MUNICIPAL HOME RULE CHARTER, OR ARTICLE 1 S OF TITLE 30, C.R.S., ENACT, ADOPT, AND ENFORCE SMOKING REGULATIONS THAT COVER THE SAME SUBJECT MATTER AS THE VARIOUS PROVISIONS OF THIS PART 2. NO LOCAL AUTHORITY MAY ADOPT ANY LOCAL REGULATION OF SMOKING THAT IS LESS STRINGENT THAN THE PROVISIONS OF THIS PART 2; EXCEPT THAT A LOCAL AUTHORITY MAY SPECIFY A RADIUS OF LESS THAN FIFTEEN FEET FOR THE AREA INCLUDED WITHIN AN ENTRYWAY. (b) THE MUNICIPAL COURTS OR THEIR EQUIVALENT IN ANY CITY, CITY AND COUNTY, OR TOWN HAVE JURISDICTION OVER VIOLATIONS OF SMOKING REGULATIONS ENACTED BY ANY CITY, CITY AND COUNTY, OR TOWN UNDER THIS SECTION. 25-14-208. Unlawful acts -penalty -disposition of fines and surcharges.. (1) IT IS UNLAWFUL FOR A PERSON WHO OWNS, MANAGES, OPERATES, OR OTHERWISE CONTROLS THE USE OF A PREMISES SUBJECT TO THIS PART 2 TO VIOLATE ANY PROVISION OF THIS PART 2. (2) IT IS UNLAWFUL FOR A PERSON TO SMOKE IN AN AREA WHERE SMOKING IS PROHIBITED PURSUANT TO THIS PART 2. (3) A PERSON WHO VIOLATES THIS PART 2 IS GUILTY OF A CLASS 2 . PETTY OFFENSE AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE NOT TO EXCEED TWO HUNDRED DOLLARS FOR A FIRST VIOLATION WITHIN A CALENDAR YEAR, A FINE NOT TO EXCEED THREE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN A CALENDAR YEAR, AND A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH ADDITIONAL VIOLATION WITHIN A CALENDAR YEAR. EACH DAY OF A CONTINUING VIOLATION SHALL BE DEEMED A SEPARATE VIOLATION: -12- 1175 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (4) ALL JUDGES, CLERKS OF A COURT OF RECORD, OR OTHER OFFICERS IMPOSING OR RECEIVING FINES COLLECTED PURSUANT TO OR AS A RESULT OF A CONVICTION OF ANY PERSONS FOR A VIOLATION OF ANY PROVISION OF THIS PART 2 SHALL TRANSMIT ALL SUCH MONEYS SO COLLECTED IN THE FOLLOWING MANNER: (a) SEVENTY-FIVE PERCENT OF ANY SUCH FINE FOR A VIOLATION OCCURRING WITHIN THE CORPORATE LIMITS OF A CITY, TOWN, OR CITY AND COUNTY SHALL BE TRANSMITTED TO THE TREASURER OR CHIEF FINANCIAL OFFICER OF SAID CITY, TOWN, OR CITY AND COUNTY, AND THE REMAINING TWENTY-FIVE PERCENT SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE GENERAL FUND. (b) SEVENTY-FIVE PERCENT OF ANY FINE FOR A VIOLATION OCCURRING OUTSIDE THE CORPORATE LIMITS OF A CITY OR TOWN SHALL BE TRANSMITTED TO THE TREASURER OF THE COUNTY IN WHICH THE CITY OR TOWN IS LOCATED, AND THE REMAINING TWENTY-FIVE PERCENT SHALL BE TRANSMITTED, TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE GENERAL FUND. 25-14-209. Severability. IF ANY PROVISION OF THIS PART 2 OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY SHALL NOT.AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS PART 2 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS PART 2 ARE DECLARED TO BE SEVERABLE. 25 SECTION 2. Repeal. 25-14-101, Colorado Revised. Statutes, is 26 repealed as follows: 27 25-14-101. Legislative declaration. age -13- 1175 1 2 3 , 4 5 SECTION 3. Repeal. 25-14-102, Colorado Revised Statutes, is 6 repealed as follows: 7 25-14-102. Definitions. , 8 9 10 11 ,' 12 ~ , 13 , 14 , 15 , 16 , 17 , 18 19 , 20 , 21 22 SECTION 4. Repeal. 25-14-103, Colorado Revised Statutes, is 23 repealed as follows: 24 25-14-103. Smoking prohibited in certain public places. 25 , 26 ' 27 , -14- 1175 1 2 3 - ----- 4 5 6 slrra~l- 7 8 9 req~tes~; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -15- 1175 2 4 6 , 9 10 , 11 . 12 13 14 15 16 , 17 18 19 . 20 , 21 , 22. elr~rg ~ 23 24 25 26 . 27 -16- 1175 o 1 _ ~rr, 2 SECTION 5. Repeal. 25-14-103.7, Colorado Revised Statutes, 3 is repealed as follows:- - - __ _ . _ _ _ . _ ___ _ ___ _ _ 4 25-14-103.7. Control of smoking in state legislative buildings. 5 6 7 - - ., 8 its-designee- 9 10 permitted; 11 12 13 14 . 15 16 . 17 y 7 1g , 19 20 21 - - 22 23 24 25 26 27 - - -17- ~ 1175 e 1 SECTION 6. Repeal. 25-14-104, Colorado Revised Statutes, is 2 repealed as follows: 3 25-14-104. Optional prohibition: - - 4 - - 5 , 6 . 7 g - - 9 SECTION 7. Repeal. 25-14-105, Colorado Revised Statutes, is 10 repealed as follows: 11 25-14-105.. Local regulations. 12 , 13 , 14 , 15 . 16 , 17 18 19 SECTION 8. Repeal. 2-2-404 (1.5), Colorado Revised Statutes, 20 is repealed as follows: 21 2-2-404. Legislative rules. (1.5) 22 - - , 23 ., 24 , , 25 , 26 , 27 -18- 1175 P 1 SECTION 9. Effective date -applicability. This act shall take 2 effect July 1, 2006, and shall apply to acts occurring on or after said date. 3 - SEC`PION-10~ Sa4'etyclause. The general assemblyherebyfinds, - - -- - - 4 determines, and declares that this act is necessary for the immediate 5 preservation of the public peace, health, and safety. -19- 1175 ,.~~- :. (SITE LOCATION sECnw e rowsMV s saurn VICEN1TY MAP """~ ~ wLSJ, sfn v.Y. -Jatf-'•fev - ]' -{ x Al aYp YC 1 uK YC f ar 1 OMA 1 r K JA' xuw.uY cN d vN K.Ya tar nW l~SRp raft p.Lly P an I W +, YtlOr 4 lDrslr ! Salx, fu 1 m Kfl, a M 41M IrhKVK KNN, <axir p f,KL SOR a COaI,D0. 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[Kll cnKlr. md,DR ds _, ar a ~_ +a, JmJ \ NKA \ O[K a M IkRA DI V4 IOW lY 4' Ywff CY \ \ ai J N-+ m lr Ya,Y[ul lal0 W JI' Y,tt C.V ~i \ 91RKrm1'S CERnEItkIE ar w N-f DY r•' YDAU11f111 ' \ O u ti A ¢ IK Km[v116 mMl \ a Ntlx KN >v u n • M Y,R a l YWI 1 K1K + nOfraC1 r1v[l1Rl,i I.e1o f.RK f rRm L n \ a wlm +w cRnYn m Ken mm nor ra ,xKf,ra wr w sxMRO Ir K ,K LW[A .. Mncr RK1aoL 1 nwnrll aAm Mwl aDl[ B ORKI cx M IRW JA' +wYwK cu a ' p \ m \. OY +Ytf[D 1f MM OL-vM tl M [fRklm eUkOM1 a M rKKIAf CL111101af uM M Uollxl IOWYr a M row a vll. COm,DO ~ 1 u+rYK PK I4R1 N SHEET t of r YM1 ~_ elfxl Bros mnlAm nu ++ »f* vre: u/rY/M Burg ar _m mew, uu em >a' Y,ss CN ar xair-I d lA' YYIIY[xl - la<a (~ aAn Elevation A View from International fridge Elevation 6 View from upstream Gore Creek Promenade Scale: 1"= 5' JLQIG~ 1 = 5' Pedestrian Bridge Replacement Project Railing Design and Layout Artwork by: Lisa Fedon Presented by: Art in Public Places January 2006 Plan View Scale: 1"= 10' 2-18-2006 TheTown Council Town of Vail 75 South Frontage Road Vail; CO 81657 Re: The Roost Redevelopment Chateau Tremonte D-12 1890 Lions Ridge Loop Vail, CO 81657 Phone:~970=479-7891 Fax:'9~70-479-789"1 BiIlKassW@aol.com Gentlemen; My wife and I recently had the opportunity to hear a presentation by the developers, Timberline, of their plans for redevelopment of the aforementioned property. I am amazed that the PEC and DRB have allowed them to proceed with a six story section of this property~when height restrictions are 48 feet. By their own admission, the building proposed will be in excess of 70 feet. If this variance goes thru, I can assure you that the owners of the adjacent property to the East will move to build additional 70 feet structures to the Post Office. This will create a density and that will create congestion on the North Frontage Road and increased noise to the South as a result of the Sound Board created by these structures. Additionally, there has been little if any consideration to landscaping on the back or North side of the structures. This will be the view of existing residential buildings after the new structures have eliminated some of the view to Donovan and Matterhorn areas. I assume that the Gentlemen of the Vail Town Council will not be deceived by the explanations of how a 70 feet structure falls within 48 feet height restrictions. Six stories, is not Four. Sincerely Yours, Bill And Kass Weiss Geor~e:.Ruther' .,..~~ ...,,. _~. DRB~'",~~. `~"~Kay'Ferry-~~ ZCJ~ - ~.~,;, . ~ 3:. Vail Town Council February 17, 2006 Dear Council members: RE: Roost Lodge redevelopment I am opposed to certain aspects of the proposed plan for the Roost redevelopment. I understand that the allowable total height is 48 feet. That is what you told the at the council meeting last week. That height does seem to conform to the surrounding building heights. The Eastern section of the building, I am told by Kevin Degan is proposed to be between 69 - 70 feet tall. This I do not understand and neither do the other c_~ponents of this plan, ofwhich there are many. How can that be approved if indeed the l:.;ight limit is 48 feet? I have been told that in :997 there was a change in how height measuremen~s were calculated. 70 feet is MiJCH TO HIGH. It does not conform to the neighbe~~hood and is not in keeping with the spirit of the surrounding area. In your State of the Torn Report Mr. Slifer pledged on t;ie behalf of the Town Council regarding development projects in the Town of Vail our role will be to ensure these projects are designed in a responsible manner that they are in keeping with Vail's character and charm. I hope you will consider how this project does not appear to be in keeping wit: your pledge to the citizens in the Town of Vail Sincerely, r Phyllis Dickson President Capstone Townhouse Association 1817 Meadow Ridge Rd. Vail, Co. 81657 Sample Scope of Work -Parks and Recreation Master Plan Note: Typically Tasks A-C (and sometimes D) are the 'Needs Assessment" portion of the project.. A. start-up: Upon selection, our GreenPlay team will meet with the Project Manager, staff, and key identified stakeholders to formalize and outline the final Master Planning Process, including accepted methodologies, number and types of meetings, and expected quality and formats for Deliverables, and agreement on the implementation strategies. We will set a timeline for the public involvement, analysis, recommendations, and all preparation of work products. Integration with Existing Vision, Goals, Operations, Budgets, and Plans As part of the Public Process and information gathering, we will work to ensure that the Master Plan is integrated with all other previous and concurrent planning work. We will collect any existing information on demographics, operational and capital budgets, overall operational plans and service quality, local and national trends, and any other issues which are impacting the Agency or this Plan. This information will be summarized, analyzed, and integrated into all recommendations and work products. B. Community Input and Demand Analysis: 1. Public Process Our GreenPlay team believes deeply in creating an in-depth, efficient, and open community process as part of all public projects. We will: • Identify, describe and implement a comprehensive strategy and innovative yet successful methodology for citizen and public involvement in this Master Plan development process. • Assure the residents, user groups, associations, and other stakeholders that they are provided an opportunity to participate in the development of this plan. • Conduct at least three (3) public meetings (some at Start-up and some at the end to present the draft Plan), a m;n;mum of two focus groups (participants to be determined), and individual stakeholder interviews. • Act as professional facilitators to gather specific information about services, use, preferences, and any agency strengths, weaknesses, opportunities, and threats. • Provide well-organized and directed activities, techniques, and formats that will ensure that a positive, open, and proactive public participation process is achieved. • Provide written records and summaries of the results of all public process and communications strategies. • Help to build consensus and agreement on the plan, and if consensus is not possible, provide information for informed decision making by your Board. • Provide methods to hear from as many people as possible, including users and non-users of your services and facilities. . ,...,. Sample Master Plan Scope ©2005 GreenPlay, LLC www.greenplayllc.com 1 2. Statistically-Valid Survey: We believe that astatistically-valid survey is often crucial in getting reliable information from your community, both as a baseline for setting realistic and achievable goals, and as a tool to accurately determine the needs, desires, and willingness to pay. We believe it is the ONLY method that gives us statistically valid information, not only from the users, but from your non- users who are also taxpayers and voters. GreenPlay works with a variety of nationally-recognized survey firms to complete this portion of the scope. The survey is compiled based on the key issues of the project (with questions and areas of focus identified in consensus with the project team), and typically is completed through the mail, with phone back-up if needed. Other methodologies (complete phone, intercept surveying, doorhanger, Internet, etc.) can be used if preferred. The survey can include a variety of analysis tools; such as geo-coding (to determine sub-area interests), Importance/Satisfaction Matrix, and other specialties. C. Demographic and Trends Analysis and Projections: We will compile all information available from previous planning efforts, The US Census Bureau, and other national and local sources, into a digital database that becomes Agency property once the project has ended. We rely heavily on our state-of-the art technology and use approved methods to evaluate spatial information and qualitative information, and portray the demographic and related results in ways that are easy to understand, but highly representative of the actual and projected trends, growth and levels of service. D. Existing and Future Facilities -Analysis and Level-Of-Service: We realize that your community is growing rapidly and that implementable plans for future facilities need to be based on realistic expectations, projections; needs and demands. We recommend establishing a sound assessment ana Level-of-service (LOS) analyses now to help manage and operate your facilities in the future. We will compile an inventory and assessment of the existing parks, trails, and facilities. The assessment will include a comparative analysis to communities of similar size and density, regionally and using nationally accepted standards. The inventory will also include an analysis of best possible providers of community and recreation services, and recommendations for_ _ minimizing duplication and/or enhancing possibilities for ~ ~ `~`; collaborative partnerships where appropriate. `~ t .~ " ~' ! -.~ `~- r The textual assessment will include a comparative analysis "`; ` k r ,~~ to communities of similar size and density, both regionally `: and statewide, using nationally.accepted standards and y ~~' ~~~~ = ~ '~->~-~ ,. a GRASl'rM technology (see below). Additional alternative providers of recreational areas will be included. All ~ ~~~#~~'~~ ~' ~~+c'~~ X , ma in of facilities and o ens aces will be incor orated - `~ ~ ~ ~ '" ~~~ ~ into our dynamic digital database that becomes property of '~'~"` the agency upon completion of the project. ~ ~ ~ `;~ f' Sample Master Plan Scope ©2005 GreenPlay, LLC www.greenplayllc.com 2 s~~ENv .. ~ ~.. v~t~ ~Er~roo Level of Service Analysis - GRASPTM Methodology ticaF_`'~~ ---~~ :--QC4~~ (Geo-Referenced Amenities Standards Program) ~`~~~~ ``' °'~~ - A Somewhat Different and Improved Approach _. -~- Our team is very familiar with the traditional and historical GpQ`"°~ ~'~~`++-•_~'`~E~~ ~ practices for calculating Level of Service (LOS). Traditional ~ 1'q ~ D ~ R ~ S~~ ~ ~ G ~ ~'~ LOS, often called the NRPA (National Recreation and Parks Association) standards method, is typically based on providing X number of acres or x number of facilities per 1,000 population. This methodology was developed in the 1970s and 80s, and the methodology is not accurate for the majority of public agency usage. Even most NRPA officials are now calling this standards methodology "obsolete". In order to service our clients who need a way to standardize that is accurate, implementable, can be benchmarked, and is unique to them, we have adapted these practices to a slightly different approach using the Geo-Referenced Amenities Standards Program (GRASPTM). This methodology builds on the traditional NRPA standards, but can track not only the quantity (or capacity), but quality of amenities and components of an entire parks, recreation, and/ or open space system. We are now using this methodology nationwide in all of our planning projects, teaching it to technical and planning firms around the US, and presenting it to agencies through local, state, and national association conferences and seminars. We taught this methodology at the National ASLA conference in Salt Lake City in October, 2004 and at NRPA in 2005. As a general summary, the following gives some specific outcomes of our GRASPTM approach. • We are making use of the technology available through GIS to provide a better way of analyzing how any specific location, home or business is being served by amenities. • We are bringing a qualitative component into the measurement of service. Traditional methods of LOS analysis are lacking in this respect. This also allows us to combine a population density factor into the traditional LOS equations. • We are moving away from a classification system that relies on the broad and often ambiguous categorization of facilities per thousand and have developed a system that looks at individual components of service, such as ballfields, picnic shelters, trailheads, parking, wetlands, playgrounds, wildlife corridors, etc., and then measures the service that each component provides to the community. This would have been impossibly tedious before, but now is easy with the technology available to us. • We can evaluate the components and easily graphically display them for decision makers, quickly identifying gaps in service on a neighborhood, community; regional and/ orcommunity-wide basis. • This new methodology allows us to examine Levels of Service in a new and specific way for your community. Your GRASP`r~-based LOS will not just be based on standards outlined for non-comparable cities in the 1980s, but will be pertinent for your future. Ranking and Prioritizing Demand and Opportunities GreenPlay has experience in designing and implementing decision-making and prioritization models. We incorporate: the GRASPTM LOS methodology into mapping and tabular information that become management tools. The methodologies provide easily understood information that helps guide staff and your Board in decision making from this point forward. In addition, the decided upon parameters become easily explainable to the public, allowing for justification and presentations as needed for managing the lands. Sample Master Plan Scope ©2005 GreenPlay, LLC www.greenplayllc.com 3 GREENPIAY« E. Analysis of Programs and Services: We will provide an assessment ana analysis of the Agency's current level of recreation programs, services and maintenance in relation to present and future goals, objectives and directives. An analysis of the best possible providers of programs and services will be developed to discern possible competition or unnecessary duplication of services through other public and private program providers, along with recommendations for minimizing duplication and/or enhancing possibilities for collaborative partnerships where appropriate. F. Financial Analysis: We will conduct an analysis of the budget procedures, pricing methodology, fee systems and, if appropriate, potential fee adjustments or increases. Cost Recovery - An Important Threshold Factor GreenPlay has established and improved the "Pyramid" methodology for helping agencies create an overall philosophy and methodology for allocating resources, pricing programs and evaluating cost recovery. We are currently training agencies nationwide and at conferences in the implementation and use of this fairly-straightforward but innovative methodology. This method is invaluable for creating financial strategies that are equitable, defensible, implementable at all levels, and are based on the VALUE of the services to the community, not just a comparative evaluation of "what has been done before' or "what others are doing". It is an extension of "activity-based costing", but takes the analysis further into assimilating the values accepted and defined by your community and governing official. As part of this project, we will explain and document the methodology, and evaluate your agency's current and potential methods for fair allocation and pricing that help with increased cost recovery. In addition, we will evaluate and identify potential sources of traditional and alternative funding for operational, capital, and maintenance costs, including identification of grant opportunities and other resources that may eventually support the implementation of the objectives identified in the Master Plan. Specifically, we will include financial analysis and recommendations related to: Cost projections and analysis related to cost recovery for operations, Pricing 8 C~s$ ,y staffing and maintenance. Costs associated with maintaining the current LOS, and the costs associated with providing the recommended LOS for the next 5,10 and 20 years. Costs and revenues related to the capital funding available from fees,: and recommendations for future fees. Traditional and alternative funding sources that can help augment the funding available to meet future needs as outlined in the plan. Stec®Very ~ ~°° HIGHLY ~ r a Btl i d~ c`° alaivloual y J Benafk , ~a ~°.,~f °q 9~ G 2° 4~ ~P MOSTLYtN01Yl0UAL~~ ~. F°,o Dj 8¢nefit >~ ~~ ~ q _ ~;ra -NDIVIDUAL 1 CObiMUN1T1' ` Benefit ~~ ~~ -- -~ COMAgUNlTY 1'i.NDIVIDUAt ' Benetit•~: - r :.-~ , COM~MUNlTY ~._:._ , . Benefit ;`~ XLGi fueenPiaY. ilC Sample Master Plan Scope ©2005 GreenPlay, LLC www.greenplayllc.com 4 GREfNvtar~r ..~~.:~, r G. Cornprehensive Plan Reco~ntnendations and Action Plan: Members of our. GreenPlay Team have a firm and deep understanding relative to the present and future planning, economic, and political issues facing parks and recreation departments. We provide longstanding expertise in the analysis of demographics, trends, operations, programming, and maintenance issues related to the provision of parks and recreation, and the public presentation of those issues. We understand that this Master Plan is intended as a living document that can change as conditions in the area change. The Recommendations and Action Plan will: • Collect, analyze, and digitally synthesize demographic information for the community. • Collect and analyze information on participation, needs and desires, operations, programming and land use trends, and Level of Service recommendations. • Identify any areas of service shortfalls and projected impact of future trends. • Provide usable and workable definitions and recommendations for designated park and open space facilities and parks, with acreages and parameters defined as appropriate. • Develop recommendations for operations, staffing, maintenance, programm;ng and funding needs. • Provide a clear acquisition and programming direction based on the standards and demand analysis. • Develop a definitive program(s) for acquisition and development of parkland, recreation facilities, open space, trails, and administrative and parks operations facilities for the next five, ten and twenty years. • Develop a maintenance and operations analysis. • Recommend policy changes to eliminate programming barriers and improve participation. H. Development of the Final Plans and Supporting Materials: We realize that for any Plan to be considered successful, it must communicate well, and be useful and implementable. We at GreenPlay pride ourselves on creating well-written, concise, and understandable documents that will get used. We will provide a "hard copy' of documents in awell-formatted version, and also digital materials in MS Word and/or .PDF versions and all spatial information in a format readable by common GIS software that will be useful for staff throughout the life of the plan and in the future. Specifically, we will provide: • Written goals, plans, objectives, and policy statements that articulate a clear vision and a sustainable "road map" and model for the Agency's future. • Charts, graphics, maps, and other data as needed to support the plan and its presentation to the appropriate audiences. • A Financial Plan • An Action Plan • Presentations as needed for the public and approvals Sample Master Plan Scope ©2005 GreenPlay, LLC www.greenplayllc.com 5 GREEND1aY« :'.:-4`~ .., :~ Sample faster Plan 'T'able of Contents Aekstowledgefnents Table Of Contents I. Executive Summary II. Past, Present and Future -The Planning Context A. Vision and Mission B. Purpose of this Plan C. History of the Department D. Departmental Overview E. Related Planning Efforts and Integration F. Relationship to the Previous Master Plan G. Methodology of this Planning Process H. Timeline for Completing the Plan III. What We Want -Our Community and Identified Needs A. Community Profile and Demographic Study B. Current Trends C. Community and Stakeholder Input IV. What We Have Now - An Analysis of Public Programs and Spaces A. Community Recreation Programs -Recreation Division B. Indoor Recreation Facilities C. Opportunities to Improve Indoor Facilities and Programs D. Outdoor Active Facilities and Sports E. Parks and Natural Resources Facilities F. Opportunities to Improve Outdoor Facilities, Parks and Natural Areas G. Level of Service -The GRASPTM Analysis V. How We Manage -Analysis of Findings and Oversight A. Administration, Management and Organizational Development B. Benchmarking C. Planning and Design D. Marketing and Communications E. Information Management and Technology F. Maintenance G. Finances and Traditional Funding H. Alternative Funding I. Partnerships VI. Great Things to Come -Recommendations and Action Plans A. Grand Challenges and Opportunities B. Priorities . C. Implementation and Action Plans G~~~NP'BA~~C 7hefeadiimECye In Pants. Recreation AnGOpen Spaca Contalprtp Sample Documents ©2005 GreenPlay, LLC www.greenplaylle.com a~ Sample Appendices • Charts of Strategic Measurement Outcomes • Summary Minutes from Stakeholder Meetings • Divisional Budgets and 10-Year History • Sample Partnership Policy • Sample Sponsorship Policy • Sample Cost Recovery Policy Outline • Inventory of Parks • GRASPTM Maps o Indoor Recreation Facilities o Neighborhood Parks o Community Parks o Walkability Composite o Capacity Composite o Open Space o Trails o Recommended Acquisitions o Etc. (Public Art, Playgrounds, Fields, Etc.) c~REE~IPLAYL~ ThsLeadin-EdgalnParla. Becraatian Md0-en Spaw Gonsoltirp Sample Documents ©2005 Greenl'lay, LLC zuwzu.greenplayllc.com o~oo~~tencovERp~F~ ~o~ ~9~ ~ ~~ ~~ ~~ ys ~~ ~~ y~RtHG a Town of Vail Public Officials Training Program February 21, 2006 • • • ~p1~lERROYE ~``~'v .,,.. °'r~~ r~'+~• fY.1111Ri.~ot Public Officials Training Program February 21, 2006 Introduction . Most Frequent & Severe Losses . Loss Control Standards & Credits . Loss Control Services Property/Casualty Pool Losses: - ; .2001 - 2005 . Vehicle Accidents .3452 $9,617,166 . Sewer Backups .768 2,742,956 . Police Liability .517 5,997,951 . Negligent Maintenance .463 718,451 . Slips and Falls .261 568,819 . Hail/Wind/Rainstorms .230 2,948,194 . Wrongful Terminatlons 96 2,966,590 .Discrimination/Harass . 85 1,159,754 . Fires 45 1,182,553 .Building Collapse 21 3,348,065 C~ • Town of Vail: PC Losses :.July 2003 -December 2005 . Vehicle . 72 $73,435 . Slip/Trip/Fall . 14 $23,249 .Sewer Backup 2 $ 2,254 ^ Damage to Parking 1 $ 8,208 Booth . All others 21 $ 8,959 .Total ^ 110 $116,105 Workers' Compensation Losses: 2001 - 2005 . Strain/sprains .1301 $7,160,104 . Slips and falls .1226 $4,993,461 . Tools & equipment .853 $2,912,483 ^ Vehicle accidents .391 $5,158,647 . Animals/insects .270 $ 156,480 . Training .243 $ 877046 . Infectious diseases 101 $ 19,227 .Repetitive motion 60 $ 455,873 .Electricity 7 $ 982,082 .Gunshot wounds 4 $1,840,315 . i Loss Control Standards . Encourages members to adopt a comprehensive loss control program . General and department specific standards . Annual audit to measure conformance to standards 2 • • • Sample Loss Control Standards . Board Training . Harassment Policy . Sewer Inspection & Maintenance . Vehicle Safety . Police Policies and Training Loss Control Credits i . Board-approved credits for 2006: . #69,000 for Property/Casualty Pool . $120,000 for Workers' Compensation Pool . 43,600 Police pursuit policy credit . Based on annual contribution and audit score . May apply toward contribution, cash out, or place in loss control credit account Other Loss Control Services and Activities . Property Surveys . Industrial Hygiene Monitoring . Safety Committees . General Consultations 3 s ,.n,Training Opportunities . Training Library . Regional Seminars . CIRSA-produced videos and publications • Web-based training ~- Web Based Safety Training . Implemented in June 2002 . Contract with FirstNet Learning . Twenty on-line safety courses: . Back injury prevention, harassment, bloodborne pathogens, fire safety, etc. . Free seats are available Board Support for an Effective -Loss Control Program . Help establish a strong safety culture . Set a good example . Support safety items in budget . Review losses periodically . Attend training 4 • • Questions? • • • A Legislative Decision ^ Reflects public policy relating to matters of a permanent. or general character ^ Not normallyrestricted to particular individual or i=ntity C7 Affects the legal rights of specific individuals only in the abstract ^ Prospective in nature: ^ Not subject to appeal under C. R.C. P. Rule 106(a)(4) Yhink: "State Legislator -- State :Capitol"! • • • Remedies-For disagreement with a legislati~e_decision: - ^ Limited legal remedies - e.g. a challenge o constitutionality, or to your authority to adopt ^ Persuade you to undo it, or seek direct legislation (initiative, ;, referendum) ^ Throw you out of office -A Quasi-Judicial Action ^ Determines rights, duties or obligations of a specific individual or entity O Based on facts developed at a hearing to resolve the particular interests in question ~ Applies presently existing legal standards (like ordinarices) to the facts ^ Usually subject to appeal under C. R.C.P. 106(a}(4) ^ Thonk: °Judge -- Courtroom">! Remedies for disagreement with a quasi-judicial decisiin: ^ CROP Rule.106(a)(4): rule established by Colorado-Supreme Court for appealing quasi:-judicial deeisions ^ Your decision is reviewed by the district court District court relies. on the evidence that was produced at your hearing i • Rernedles for disagreement with'_a. .. quasi.=~udlcal decision: ^ IF hearing has been carried out -- properly, and decision has been issued based on facts in the record and-.application of proper legal criteria: ^ Decisiori will be upheld; and ^ Other recourse (such as a claim of a constitutional violation) .will likely be unavailable or unsuccessful Spot the Quasi-Judicial Action! Adopt a land use master plan ^ Suspend a liquor license? ~ Hold public heanng on the budget, and adopt the budget? ^ Reverse a decision of the Building Official to grant a variance? -^ Review Town. Manager's dehial of an SOB licehse? ^ Grant a variance to a setback requirement? ^ Approve an ::increase in town-wide: water rates? Other .Legal Issues - -- The normalremedy in a Rule 106 action in aquasi-judicial matter (where a litigant is able to persuade the court that you were wrong) is to reverse your decision and:: remand the _ matter back to you for a new hearing ^ BUT, for litigants who want more than ~., `that, here are other remedies, such as ... • • s Other Legal Issues -Section 1-983 ^ 42 USC Section 1983: Every persoh who, under color of any statute, ordinance, custom; or usage, of any State or Territory, subjects or causes to be subjected, any citizen of the United States .. to the deprivation of any rights, .privileges or-immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proceeding for redress. Other Legal Issues -Section 1983 __ ^ Does-not itself establish or create any substantive-rights: It is a remedy in- damagges for violations of constitutional or otherfederally protected rights. ^ Liability is premised u on (1) an action under color of law an p(2 a violation of a constitutional or othea federally. protected right. Actions of government enCltes and public officials In the course: of_their_ responsibilities will be considered actions "under colorof law.° Other Legaflssues = Section:1.983 _ __ ^ Most frequently; in the quasrJudicial context, he underlying constitutional rights alleged to have been yio4ated include:- ^ Irs - n :Interference with expression, re igious ree om ® i h A n~ requires a property interest pcatecte y the' Constitution. ^ Pro~tlLlC~~~4~~1cQ~4S~5~: the right to notice and `a a r_ earrog- a oreta ing government"action ^ tanti4e"iJue-process: the rig6Eto be free-from ~irratiana- ar nd unreasonable conduct. ^ E ua1 i n: the nght to haveieglslation and adionsappie -evenhantledly to allpersons similarly ~~~ situated m a"designated: class. • • • Other:Lega1 Issues -Section 1983 ^ For liability under Section 1983, there is NO MONETARY t_IMiT on the damages. a plaintiff can win _ -.. ^ Additionally, a.plamtiff who "substantrelly prevails" in :.. ;.: a-Section:''1983:claim will"be:entitled to ah award of attorney s fees ^ Attorney s fees can fa; rezceed any.:damages award ` ..- B _$1'.:In damagescan support hundreds of thousands of- :..:: ..dollars Inrattocney's fees _.. ^ This is why procedural fairness in quasi judicial hearings Is so_critical iPs a constitutional-right that i cari be enforcedby Sectidn 1983 grid all ofthe remedies available thereunder o Case fn point:- 5daveni[is v City of Cherry Hills Village -: Meetings - In General- -0 Cltlzens:generally d0 not wanC20 be confrontational,. rude, or -disruptive ® Uncomfortableabout public speaking -rappreaateknowing - therules ^ Participants ca nbe "trained" to expectand engage in :courteous conduct dust asthey can be "trained to be rowdyand d~scourteous- ^ ~ Counal/board members can teach and-lead 6y example ^ Howare these gqeneral °good meetings° suggestions relevtSnt to liability?? v The longer the meeung, the greater the potential for missteps ^ Same [he more dlsbrderly, tllsorganlzed, or contentious the:meetmg - ^ Misstepsin-procedure can.ongmate from yourselves OR lromother. pattlUpants, auch as citizens andapplkants ^ Missteps, if egregious. enough, can 6edue,procese y!Oldti0n5~ • C~ • Meetings - In General ^ Citizens do not ike lengthy meetings any more-than you do! ^ .Train yourselves and citizens to expect shorter meetings.' ^ formal or informal expectation of 2 to 2- 1/2 hour meeting ^ Some councils/boards establish limit in rules -. ^ :Consent agenda for routine matters General -Lengthy Meetings ^ Establish-time limits for speakers ^ Enforce when many are signed up to speak ^ Have a timer on hand, ask Clerk to keep .track ~' ^ Have an alternative to "public comment" if a citizen needs more time for apresentation ^ Process for "getting on the agenda" • • • _ _.... .._ _... Civility & Order- -Agenda Sample agenda notes: "A citizen inquiry. may not necessarily be answered .during .the Council meeting, ..:.because of he -need for further information or research. Please be assured that the appropriate staff member-will make a note of each citizen inquiry, :and will respond to the inquiry at a subsequent time." Civility & Order-- Agenda "lhe-public comment peuod is an opportunity- for citizens to provide Information= to the Council. Pleese direct your- comments to the- entire Council, rather: than one member. The- Council will not engage, in a dialog, discusson; or debate with speakers during the public comment period, but will take the ihformation, -and request the-staff to-.provide. responses as appropriate at a later date." Prepare for the Hearing ^ Maintain a ''library" of: ^ standard '.opening scripts" for each type of hearing ^ a memo or checklist of applicable-- decision-making criteria for each .type of hearing- ® standard post-.hearing motions ^ Also keep your executive session-scripts handy! 7 • • Prepare for the Hearing _. ^ Maintain a ign-up sheet-(or sign up -__.; cards) just for hearings _. - ^ Should allow speakers to self-identify as "pro" or "con" ^ Have information sheet Eo guide the public on appropriate conduct (post on Town web site, oo)(see Longmont for - example) - ^ Consider adoption of uniform Rules of Procedure for all of your hearings Prepare for the Hearing ^ Consider a uniform policy of "swearing in" all speakers in quasi- judicial-matters ^ Emphasizes formality of matter ^ Gives the ".signal°:that special rules aPPIY ^ Enhances evidentiary value of speaker statements Let speakers know if time limits will be enforced -then enforce them! ... _ _. Setting the: Stage "Courtroom" setup -- "counsel" or I "party" tables facing the dais ^ Particularly if there are two (or more) defined "sides", or two (or more) parties represented by attorneys ^ :Gives party a "home" to retreat to __ Put speaker-podium between the °counsel"tables • • _.. _. :`Setting the Stage - ^ In controversial, likely-to-be-appealed - matter; consider. having a court reporter - transcribe the testimony _._ ^ Will help in maintaining formality ^ May reduce cost and time to get transcript prepared ^ Receht innovation in=one municipality: use of retired judge to conduct hearing and rule on objections ^ Council sat in Jury-like capacity (although it ultimately-ruled on both findings of fact and - conclusionsbf law) During the Hearing ^ Wield a big gavel, and don't hesitate to use." it! ^ Insist on formality -:.use titles, not first names ^ Allow NO "peanut gallery" comments ^ If;rumblmg and grumbling in-:the audience - gets-too loud: restore orderpolrtely ^ "Blaming" adoustics of room can be effectwe During the Hearing Have the speakers disclose whether they are "pro" or "con" on the signup sheet or ignup card ^ Call on all-the pros-first le Call on all-the cons next __ O Grouping speakers allows them to "organize" a spokesperson and "self=edit" comments • • - .. -- During the Hearing ^ Speakers-may appreciate a reminder:. "Please keep your comments=brief so .:that everyone -will have a chance o ' speak. if your comments are the same as those of a prior peaker, please avoid repetition_ and feel firee to simply _note :your .agreement with that prior speaker." During the Hearing --^ May be appropriate to have each side "sponsor'` the appropriate witnesses ^ Example: liquor licensing matters ^ Take a quick break to allow the "sponsoring" party's attorney to do a quick "witness interview"`. ^-The attorney can determine whether the testimony is even relevant or necessary During the-Hearing ~ Don't allow inappropriate confrontations or inqus~Uons! ^ Have proponent SIT DOWN before citizens are calledao speak. ^ Removes the target -reduces confrontation opportunity ^ Mill ericourage the speaker-to face the Council ^ Remind speakers that hearing is for making comments_to the Council/board -hot for cross-examlriing Coundl/board or other speakers 10 • • • __ _ - During thee-Hearing "That=is a good question, Mr. Citizen, but:-this is :your opportunity to make comments and provide information. I think several of us have made a note of your question, - and -chat one of us may pose that question to the developer during the Council questions." During the Hearing- Dos and Don'ts No personal attacks, berating, or name=calling allowed! ^ No inquisitions or cross-examinations -: . (except by attorneys)! ^ No testimony on irrelevant matters ® If you have a later:"general comment" ,,, opportunity, ask speaker to save the I- irrelevant-comments for-dater i, L • - _... . . .... _ __ During the Hearing- Dos and Don'ts ^ Teach and lead by example: check your own demeanor and comments - -. - ^ Don't be baited into responding or arguing ^ You always have the last word ahyway!! ^ Never yell back -= let-it go - .take the- high road .During the Hearing- Dos and Don'ts ^ "Disarm" a tense situation. -Don't match tone for tone. ^ If a response is necessary, lower your tone to below thespeaker's. ^ l7e escalate, don't escalate! ^ If things get too heated, a member should ask for arecess - ime-out! During the Hearing- Dos and Don'ts Keep in mind the °power of waiver" - ^ Irregularities during the course of a hearing can - ometimes 6e "cleansed" by tiie participants waivingtheir opportunity to object ® "Mr. Proponent, Ms. Opponent, do you have any problem if ?" ^ Most participants-desire to be courteousand respectfuLtathe decision makeis: "No problem, Your Honor." ® Let your Town Attorney assist you in situations where the ".power of waiver" may come into play 12 • During the Hearing- Dos and Don'ts ^ If hearing is likely to be controversial and _ emotionally charged ® Consider having uniformed police officer present s If necessary, the officer can be prepared to .position himself/herself between podium and Council dais ® Have an escape route and plan for "worst case scenario!- ^ Make provisions for an overflow crowd ^ Closed circuit lV m ahother room; e.g, Personal Conduc€Dos and Don'ts ^ The essence of a good hearing is fairness- and the appearance of fairness ^ Don't sign any "pro" pr "con" petitions! ^ Common in liquor licenses ^ Don't make up your mind before the heating ^ Don`t speak with one side or the other before a hearing (ex parte contacts - about which more=later) Personal Conduct .Dos and Don'ts ^ Don't participate if you have. a financial or other personal interest in the: matter..:. ^ Don't make your decision on the basis of irrelevant cntena ^ Don't make our decision based on things you "know" but did not "learn" at the. hearing Don't participate if you weren't there fior the .whole hearing (ot at least3istened to the tape of any portion you missed) ^ Don'fparticipate if you know you-can't be fair-ahd unbiased 13 • • Personal Conduct. Dos and Don'ts ^ Do ask for-legal advice (executive session If necessary) on legal criteria, do on applicatidh of facts foxriteria ^ Do cdnslder asking for a legal. cntena :worksheet when the criteria :you must-apply are complex or lehgthy ^ Do disclose unavoidable "ex pane" contacts ^ Participation despite contact is OK as long as you can still be unbiased - ^ "Power of walvel" may work here, too .. you discldsed; no one objected Personal Conduct Dos and Don'ts © A local elected official member doesn't wear a robe, Is easily recognized on the street, and lsexpected by Gttzens and-others to be "accessible" at aIlYlmes, but v A-judge reviewing your quasi-judicial decision In an appeal proceeding will Judge your conduct. against -the way he/she would behave-as a Judge In his own courtroom - so keep the "Judge =courtroom" acenarlo In-mind whendeclding: on your own conduct In..quasl-Judicial matters ® So "think like a judge" in your personal conduct .. . .Personal Conduct Dos and Don'ts ^ Would a Jutlggweek out clUZens and Invite or ask them tocome andtesYify as~wttne55es inapending case before him/hers ^: Woutd a judgeallow himself/herselfto be "lobbied" on -apending matCer at-homeOrat theloCal supermarket?: ^ : Would a fudge compromise the appearance (and possibly reality) of alrness by singling out oneside or anbther tobe overly frientlty wi[h7 : ^ _WOUId a 7udgemake adeasion In a_matter in-which -- he/she hadaYinanclal Interest;oran which he/she had atreatly maiienis mind:up? ^ Would a Judge make a public statement that could : come backto:haunt him/her lateronin terms of _ displaying a pos5fble'blas7 - ^.Would a fudge deade toignorethelaw and/or the facts In rendering a decision, andmake his/her declslonon the basis of factors2hat he/she kno~.vs are :notrelevant? 14 • • What's the=:problem with ex parte contacts, anyway? ^ When yourTOwn Attorney advlsesagalnst them, he/she is protecting_YOU, your abiftty to partidpate (n the decision-making, and your ultimate decision ^ The contacYis irnperrnisslble whether with the applicant, cklzens, or staff ^ Improper ex paste contacts dlsempower you as the decision-maker ^ :When youallow peopleYO engage in ex parte. contacts with -. you, both you and they aYeparticipaGng iriunderm lning your abifltyto be a decision-maker! _: What's the :problem wifh ex-.parte contacts, anyway? ^ The courts will accord you a presumption of integrity, honesty, and impartiality as a decision maker ^ You can lose that presumption by actions that are unfair, or even appear unfair ^ Ex parte contacts are among those actions ^ Here's one of the real cases your Town Attorney has in mihd wfieh he/she advises :you about ex parte-contacts.. What's the problem with ex parte eontacts, anyway? >~ Lunch conversation situation -Wells v. Del Norte School District case ^ Hearing officer In personnel hearing -lunch break s Only one restaurant inrtown, and nowhere else to sit ^ Hearing officer sat with school board's attorney during lunch ^ Back on record, he explained there was nowhere else to it, and that he hadn't talked about the hearng during lunch - no contrary evidence ® Court held: just the appearance of impropriety fatally compromised h{m new hearing rieeded~ 15 • • WhaCs the problem with ex parte- '' contacts; anyway? ^ fast spring, there was discussion among mayors of leyislatlonthat-would aiithorize ez parte contacts ^ Suchleglslatlon would: have missed the point:... ^ Ultimately, a falrhearing Is a cohipohent of procedural due process - a cdiistltutional cdncept ^ No legislation could bless a constltutlonallyFlawed hearing ^ Of course; a local elected off¢lal doesn't weaEa robe, and is easily recognised at the siipermarkef..: how do you avoid ex parte contacts when everyone knows who you are ahd expects ydti to be accesslble~ :.What's the problem with ex parte contacts, :anyway? ^ Ultimately, this is an Issue best addressed by; - e Armingyourself with theknowledge ypu need to deal with dtlzens -:.who want[o talk[oyou aboutapendingquasF]udlclailssue - keep your "talking points" ready: ~ 'I'd love to hear your views, but my Town Attorney advises that the only evidence we can consider as wunolrnembers Is what we actually hear. a[ [he hearing. Please plan [o attend the Fiearing dn_ so that I can hear ahtl understaiidyour _vlewpotnC ^ "My Town Attorney advises that when I talk [o oneslde or another at anytime or placeotnerthanat [hehearing Itself, It really compromises my ablNty tdmalh[aln the reality AND appearance: of falmess:: Worseease scenario; Lrnutd end up having [o 7ecu se myself from partldpating Inthe hearing. I'm .:.cure neither. you nor I want that. Please, please;. please came ao the hearing andexpress:your views:' What's the .problem with. ex parte contacts, anyway? ^ Educating your dtlzens In due process/fair hearing Issues -helping them Yo understand whyex parte contacts arelneffective and counterproductive from thestandpolntof allpartiapants e Making surerthey know what the proper avenues for effective partiapatlon_inthe process are ^ Uo you have workshops;: or Citizen Academy ppportunRles? A newslettercolumn~ Webpage? ^ Encouraging them to-come to .your. meetings/hearings to make sure their vlewsare .heard and"on the record" ^ Making sure your hearings are efficiently run, non intimldating, and accessible 16 r~ l 1 After Closing fhe Hearing i ^ Don't reopen khe hearing for a latecomer. public comment" period before::. or after the hearrng, don't allow comments on the matter that is the subject of the hearing. ^ Consider making a tentative decision -.let Town. Attorney prepare a draft decision for consideration at the next meeting: - - After-Closing the Hearing "I move, based on the evidence, to direct the `Town -Attorney to prepare, -- for ..consideration. at the next regular meeting, :draft findings, conciusions, and decision (REVOKING the:.. license)(DENYING the application);: etc." After Closing the Hearing p Let your finalwritten decision do the speaking for your ^ If possible,-avoid commenting on the evidence or criteria when making motions - © Are you absolutelycertarn your:"comments from the bench" will be 100 percent consistent with proper fndirigs of fact and conclusions of law? ^ Some-sure-fire comments to ruin your Town Attorney's day: 17 • • • ;After- Closing the Hearing "I don't really care about any of the testimony` we heard tonight. - I was already ::persuaded by all the neighbors who called me before the hearing." "I think we have way too many SOB licenses in our .community as it is. We don't need any more." In conclusion ... ^ Set the stage by having rules and procedures in place ^ "Train." citizens and others to be good participants ^ Create an atmosphere of dignity and formality, .and set a-positive example for courtesy '~ Keep in mind that fairness and the appearance of fairness are at the-heart of a good quasi-judicial hearing ^ If-.possible, let a written decision speak for 18 • A FEW SUGGESTIONS TO REDUCE THE RISKS OF LIABILITY Tami Tanoue General Counsel/Claims Manager CIRSA • Recognize that your role may have changed ^ Being newly elected, or a change in the balance of power on a Council or board, means that your role may have changed: . Citizen-official . Outsider-insider . Minority-majority . Critic-representative . Single-issue proponent-all issues decision-maker Recognize that your role may have changed ^ Whatever your role may have been previously, you are now all Trustees - guardians -stewards - of the Town's interests ^ The protection of the Town's interests and assets is perhaps your most critical function now ^ Governing body is analogous to the board of directors of a multimillion dollar corporation ^ The guiding principle in decision making should always be, "what is the right thing • • t Recognize that your role may have ' changed ^ Hanging on to "outsider" mentality can be destructive -when you were elected, you became the ultimate insider! ^ Misunderstanding your role can increase the risk of liability for the Town and for yourself. ^ It can also greatly reduce your own effectiveness: being part of a collective abody requires collaboration and consensus- building. Avoid "outside the scope" and "willful and wanton" conduct • You have personal protection from liability under the Govemmental Immunity Act (GIA) only if you are "within the scope of employment' and not acting "willfully and wantonly." Concept of "scope of employment' applies to ALL persons covered by the GIA-including elected and appointed officials, employees, and authorized volunteers ^ Means everyone needs to know their'yob description"! ^ Conduct that is outside the scope of employment (SOE) or willful and wanton will result in a loss of governmental immunity. Avoid "outside the scope" and "willful and wanton" conduct ^ Can also result in loss of coverage under liability insurance policies ^ Can also result in personal liability, including punitive damages ^ You may become responsible for defending yourself and paying any settlement/judgment against you 2 • • • Avoid "outside the scope" and "willful and wanton" conduct ^ Understand your "job description" and stay within it. ^ Before acting, look fora law, ordinance, resolution, or motion that authorizes you to act. ^ Keep in mind you may need to reconcile conflicting and superseding authorities ^ If you can't trace your action to a source of authorization, you may be outside your SOE! Avoid "outside the scope" and "willful and wanton" conduct ° Elected officials and appointed board members act primarily as a BODY. ° You exercise your responsibilities mainly by VOTING in a PUBLIC MEETING. . When you find yourself doing anything other than that ... make sure you are properly authorized! Avoid "outside the scope" and "willful ~ and wanton" conduct ~• "We" ... not "I"! . If you find yourself thinking in terms of "I" rather than "we" ...that's a red flag. . Be particularly cautious once you've voted on a matter. . The tribe has spoken! . Get behind the decision, don't undermine. . If you feel there is a need to change it, use proper channels only. . Recognize that some decisions CANNOT be undone without liability. 3 • ~J Avoid "outside the scope" and "willful and wanton" conduct . Avoid acting out of personal motives . Acting on the basis of personal motives is likely to be outside your SOE! . May also be willful and wanton Avoid "outside the scope" and "willful and wanton" conduct ^ If a motivation can be described in any of these terms, it may be a red flag! ^ Retaliation ^ Revenge ^ Personal axe to grind ^ Out to "get" someone ^ Single-issue"agenda" ^ Personal benefit -financial or otherwise Avoid "outside the scope" and "willful -and wanton" conduct . Protect the Town's confidences. . Government is conducted in the open - but there are legitimately confidential matters, including: . Legal advice, litigation issues . Personnel matters . Issues being negotiated 4 • • • Avoid "outside the scope" and "willful and wanton" conduct ^ As an individual, you do not have the authority to breach confidentiality on your own. • Confidentiality runs between your attorney and the Town as a whole • A decision to waive confidentiality requires a vote of the Council. ^ If you waive or breach confidentiality on your own, you are outside the sOE! Run a good meeting! • Understand the difference between legislative and quasi-judicial matters, and observe the different requirements applicable to each! • In aquasi-judicial hearing, an array of special procedural requirements apply. ^ Violation of those requirements is a violation of due process - a constitutional/civil rights violation! ^ Will cover in more detail in next session Reduce your involvement in administrative matters • Understand and observe the difference between legislative and administrative matters! A municipality evolves from "hands on" Council involvement in administrative issues to an administrator/manager form of government as the municipality's operations become more sophisticated and complex. • Establish "corporate" values and mission, set overall goals and priorities, and give broad direction, leaving details of execution to staff. Avoid micro-management 5 • • • Reduce your involvement in administrative matters ^ Inappropriate involvement in administrative matters by elected officials, collectively or individually, can: ^ Undermine the chosen form of government ^ Waste the resources you've committed to the form of government ^ Be a backwards step in municipal government evolution Reduce your involvement in -. "~°_administrative,matters ^ Respect the chain of command. ^ Every position needs to report to a SINGLE SUPERVISOR. ^ The inappropriate inclusion of an elected official in that relationship can • Disrupt the chain of command • Make appropriate supervision impossible ^ Create dysfunction and disempowerrnent that is detrimental to good administration Reduce your involvement in -- administrative matters ^ An elected official's direct involvement in a personnel matter involving an individual employee (other than those that directly report to you) is almost NEVER appropriate. . What authority can you point to ... is it within your SOE? . Self-interest/self-preservation issue! . If you are personally involved, the chances you will be personally named in a suit or become a witness are significantly higher! 6 • • Reduce your involvement in administrative matters • Your BEST immunities as elected officials are in the legislative and quasi- judicial arena. ^ Courts recognize legislative and quasi- judicial immunities ^ Venture into administration, and you're venturing into" outside the SOE" territory! Put ethics first! . In Colorado, ethics scandals are rare -but happen from time to time . Ethical misjudgments greatly undermine public confidence in government . Can result in criminal and civil liability . "Personal benefit" exclusion from liability coverage! . Gaining a personal benefit is NOT in one's SOE! -~~ Put ethics first! . Conflicts are a particular concern in quasi judicial context -land use approvals, licensing decisions . Aquasi-judicial vote tainted by conflicts can result in due process violations - civil rights liability . Disclose conflict, DO NOT VOTE, do not influence others, leave the room! 7 • `f ~J _I Put ethics first! . The bottom line: No one should derive a personal or private benefit from holding public office . Any such benefit raises red flags from an ethical, civil liability, and criminal liability standpoint! Use your power wisely and humanely • Whether you know if or not, you set the tone for the whole Town In terms of the treatment of employees, if the tone you set Is negative, demeaning, distrustful, discriminarory, etc., you are setting yourself and the Town up for liability.... And guess what rolls downhill? • Some actual comments overheard in other muniapalities: • "WhaCs the difference between a wife and a girlfriend?" "45 pounds." "Blondes should not g~ coffee breaks bequse of the time it takes ro retrain them when they get back ro the job." "What do you expect ... ICs a woman." "I see that all our department heads, Alan and the girls, are here ron(ght." "The cny perk is a Itttle devil ... looking at her gh~es me devilish thoughts." Use your power wisely and humanely Understand that you are perceived as holding the most powerful positions in the Town Use courtesy, tact, and diplomacy in interactions, especially in public settings In one case, a supervisors abusive and degrading conduct resulted in a $275,000 award against him Your staff members are professionals, but they are humans too. Avoid acting explosively or with the intent to demean or embarrass Think before speaking off the cuff, especially in a public setting 8 • • Use your power wisely and humanely Do not allow Council meetings to be used as an opportunity to berate your staff members Citizens have every right to raise concerns and to be critical about the way Town government conducts business Use the meeting as an opportunity to RECENE citizen feedback for appropriate follow-up Do not join in the staff-bashing, if it's happening! ~;- Conclusion . Always keep in mind that you are the stewards of the Town's best interests and assets ^ Stay within your SOE! ^ Act as~"we," not as "I" ^ Observe highest ethical practices . Use your powers wisely and humanely QUESTIONS? 9