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HomeMy WebLinkAbout2014-01-07 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JANUARY 7, 2014 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (15 min. ) 2. ITEM/TOPIC: Consent Agenda: 1) Approval of December 3 and December 17 meeting minutes; 2) Resolution No. 1, Series of 2014 - Designating Public Posting Place (5 min.) 3. ITEM/TOPIC: Town Managers Report: 1) 2013 Year in Review; 2) Timber Ridge Deed Transfer Update; (15 min.) PRESENTER(S): Stan Zemler 4. ITEM/TOPIC: A presentation of Vail's renewed status as a Bicycle Friendly Community as designated by the League of American Bicyclists. (5 min. ) PRESENTER(S): Gregg Barrie BACKGROUND: In October, the Town of Vail’s designation as a Bicycle Friendly Community was renewed for an additional four years, with town being promoted from bronze status to silver. The award recognizes Vail’s “remarkable commitment to bicycling” according to Bill Nesper, vice president of the League of American Bicyclists. There are 291 BFCs in 48 states across America, including 20 in Colorado.The League of American Bicyclists promotes bicycling for fun, fitness and transportation, and works through advocacy and education for a bicycle-friendly America. The League represents the interests of America's 57 million bicyclists, including its 300,000 members and affiliates. 5. ITEM/TOPIC: The purpose of this memorandum and Council discussion is to present a framework for developing a Gore Creek Water Quality Strategic Action Plan. Discussion items include defining 1) the Purpose Statement, Goals and Objectives, 2) Methodology and 3) Action Steps for developing and moving forward with a Gore Creek Water Quality Strategic Action Plan. (45 min) PRESENTER(S): Kristen Bertuglia, Gregg Barrie ACTION REQUESTED OF COUNCIL: Staff is requesting the Town Council provide input and recommendations on the information presented. BACKGROUND: As of December 6, 2011 the Colorado Department of 1/7/2014 Public Health and Environment, Water Quality Control Commission, added the portion of Gore Creek from Black Gore Creek to the Eagle River (Dowd Junction) to Colorado’s Section 303(d) list of impaired waters for aquatic life use (provisional). To address the 303(d) listing, and to improve water quality, the Eagle County Urban Runoff Group (URG) funded a model document (The Gore Creek Water Quality Improvement Plan) that focuses on identifying causes of impairment and offering recommendations for improvements, first in Gore Creek, and eventually for the Eagle and Colorado Rivers. Using the recommendations from the Gore Creek Water Quality Improvement Plan, the Town's next step will be to create a Strategic Action Plan to improve the health of Gore Creek. Today's discussion is designed to achieve the following: 1) Adopt the Purpose Statement, Goals and Objectives, 2) Discuss Action Planning Methodology 3) Affirm next steps for creation of the Gore Creek Water Quality Improvement Strategic Action Plan STAFF RECOMMENDATION: Staff recommends the Vail Town Council support the purpose, goals and objectives as presented, and direct staff to continue with development of the Gore Creek Water Quality Improvement Strategic Action Plan. 6. ITEM/TOPIC: First reading of Ordinance No. 1, Series of 2014 An Ordinance Extending the Temporary Ban on Marijuana Establishments on the Town, Pursuant to the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) (5 min. ) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 1, Series of 2014 upon first reading. BACKGROUND: Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section regarding the personal use and regulation of marijuana. Pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance".The Town Council (the “Council”) requested that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town. The Council had adopted a temporary ban until January 21, 2014. Town staff needs additional time to gather information, to review the state statutes and forthcoming regulations, and to study the impacts of marijuana establishments and the zone districts in which they should be permitted, if at all. During such time, the Council wishes to extend the temporary ban on the location or operation of marijuana establishments in the Town until July 31, 2014. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 1, Series of 2014 upon first reading. 7. ITEM/TOPIC: First reading of Ordinance No. 2, Series of 2014 An 1/7/2014 Ordinance Repealing Section 1-4-1.C of the Vail Town Code and Enacting a New Section 1-4-4 of the Vail Town Code, Concerning Restitution in Municipal Court (5 min. ) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 2, Series of 2014 on first reading. BACKGROUND: Pursuant to its police powers and authority as a home rule municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the Colorado Constitution, the Town may order restitution in conjunction with misdemeanors and petty offenses. The Town does not currently have a restitution ordinance. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 2, Series of 2014 on first reading. 8. ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2014 An Ordinance Amending Section 6-3B-2 of the Vail Town Code Regarding the Jurisdictional Limit of Larceny Offenses in the Town (5 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 3, Series of 2014 on first reading. BACKGROUND: Traditionally, municipal authority for prosecution of theft crimes has been concurrent with state prosecution of class 1 misdemeanors. The state recently changed the jurisdictional limit of theft crimes from $1,000 to $2,000. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 3, Series of 2014 on first reading. 9. ITEM/TOPIC: Adjournment (7:40 p.m.) 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: Citizen Participation 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: Consent Agenda: 1) Approval of December 3 and December 17 meeting minutes; 2) Resolution No. 1, Series of 2014 - Designating Public Posting Place ATTACHMENTS: 120313 Meeting Minutes 121713 Meeting Minutes Resolution No. 1 Series of 2014 1/7/2014 Town Council Meeting Minutes of December 3, 2013 Page 1 Vail Town Council Meeting Minutes Tuesday, December 3, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Margaret Rogers Greg Moffet Jenn Bruno Dave Chapin Dale Bugby Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk _________________________________________________________________ The first item on the agenda was Citizen Participation. Jonathan Levine, Hummers of Vail, introduced himself to the new Council members and thanked Mayor Daly for meeting with him two weeks ago to discuss the concerns that Levine had regarding the transportation ordinance. Levine asked if any Council members would step up and lead citizens in developing a solution to problems in the current ordinance. Daly said the public works department and the police department will be working together to develop a strategy that will address the concerns of the increase in transportation vehicles at the transportation center. Rick Sackbauer, Eagle River Water and Sanitation District (ERWSD), told Council that the lights in the roundabouts are incredible and town staff did a great job. Sackbauer additionally shared with Council correspondence from ERWSD dated, November 26, 2013, regarding the Gore Creek water quality issues. Sackbauer spoke about ERWSD’s partnership with the town and other stakeholders to improve the water quality and aquatic environment of Gore Creek. Sackbauer stated though EDWSD will be spending $60 million in the next 15 years upgrading the treatment processes at its three wastewater treatment plants, including the Vail plant, to reduce the discharge of nutrients to local rivers, that effort will still not remove Gore Creek from the state’s list of waters impaired for aquatic use. The water quality and biological monitoring in Gore Creek indicated most of the impacted river is located up-stream of the Vail wastewater treatment plant. Sackbauer said the cause of impact was from the development along the creek, which has caused pollution in the storm water, which then makes its way to the stream. Sackbauer explained the ERWSD would be bringing the Colorado Water 1/7/2014 Town Council Meeting Minutes of December 3, 2013 Page 2 Plan for Council’s review during the December 17 meeting and he hopes the Council will approve and adopt that plan. Karen Albright, property manager for Meadow Vail Place, requested the town give 10 feet of the 70 foot stream tract to Meadow Vail Place to be used for a lawn area. Council directed her to make an appointment with the town manager and for staff to come back to Council with their recommendations. There was no more citizen participation. The second item on the agenda was the Consent Agenda: 1) Approval of November 5, 2013 meeting minutes. Moffet made a motion to approve the November 5 meeting minutes with a second from Kurz. The motion passed unanimously 4-0-3 (Bruno, Bugby and Chapin abstained). 2) Approval of the November 19, 2013 meeting minutes. Moffet moved to approve the November 19 meeting minutes with a second from Kurz. The motion passed unanimously 7-0. 3) Resolution No. 16, Series of 2013 – Colorado Department of Transportation (CDOT) 1 year lease. Moffet made a motion to approve Resolution No. 16 with a second from Kurz. Rogers asked if Vail Resorts (VR) will be reimbursing the town for the lease of the Frontage Roads. Public Works Director Greg Hall stated the town has requested reimbursement. The motion passed unanimously 7-0. 4) Resolution No. 17, Series of 2013 – Colorado Department of Transportation (CDOT) 3 year lease. Moffet made a motion to approve Resolution No. 17 with a second from Kurz. The motion passed unanimously 7-0. The third item on the agenda was Town Managers Report. Town Manager Stan Zemler tabled the discussion of the construction use tax update until the December 17 meeting. Zemler had no further business to discuss. The fourth item on the agenda was the Eagle County Immigrant Advisory Committee Award. Vail Police Chief Dwight Henninger and Avon Police Chief Bob Ticer stated the Eagle County Law Enforcement Immigrant Advisory Committee had been recognized by the International Association of Chiefs of Police (IACP) with two awards for building trust between the immigrant community and law enforcement. The awards were presented during the IACP’s annual conference on October 19 in Philadelphia. Daly complemented the team on their work and how important their work was to this community. The fifth item on the agenda was a 2014 Q/A Discussion with Representative Diane Mitsch Bush. Mitsch Bush talked to Council about the state’s budget and how the state is committed to spending $2 million on promotional funding for creative industries; $36 1/7/2014 Town Council Meeting Minutes of December 3, 2013 Page 3 million went into CSU and CU educational centers for future businesses; and $19 million was going toward mental health centers. Mitsch Bush’s committee assignments include Agriculture, Livestock & Natural Resources; Joint Agriculture & Natural Resources; Transportation Legislation Review Committee; Transportation & Energy; and Water Resources Review Committee. Moffet asked Mitsch Bush for more funding assistance for the EGE airport which would assist with getting more vehicles off the interstate by offering more flights to the area. Moffet also asked Mitsch Bush to keep Council informed on issues when their voices are needed to be heard. Daly requested no more collective bargaining bills. Rogers asked Mitsch Bush to come back next year and added the discussion was very informative. The sixth item on the agenda was the Vail I-70 Underpass Commitment Letter. Chief Engineer Tom Kassmel stated the town was awarded $14.6 million dollars of Responsible Acceleration of Maintenance and Partnership (RAMP) funding by Colorado Department of Transportation (CDOT) this past October for the design and construction of a new Vail I-70 Underpass. Kassmel explained the town must match an additional $6 million and commit to this match through a Letter of Commitment to CDOT. The Town's matching funds had been budgeted through the Vail Reinvestment Authority (VRA) over the next 4 years. Moffet made a motion to approve the letter of commitment with a second from Kurz. Moffet asked the town attorney Matt Mire if the Council needed to reconvene as the VRA to approve the letter since the $6 million would be funded from tax increment financing dollars. Mire stated since the letter is not due to CDOT until the first of the year, Council could approve the letter tonight and at the town Council meeting on December 17 the Council could convene as the VRA to formalize the town’s commitment on the record. With no further comment from Council or the public, the motion passed unanimously 7-0. The seventh item on the agenda was the Commission on Special Events (CSE) Annual Report to Town Council. Acting CSE Vice Chair Barry Davis shared with Council the CSE’s two day process for allocating funding for events in 2014. Davis stated the first day consisted with meeting with event producers and having them present their proposals for the upcoming year of events. The second day the CSE members meet and discuss each proposal in depth and how that proposed event aligns with the Vail Local Marketing District Advisory Committee’s (VLMDAC) strategy and the Vail brand. Davis stated the CSE was proud of the reported 2013 record sales tax and the return on investment. The CSE showed the money being spent on events had a $2.37 return in sales tax dollars. Davis said this information was calculated by using the numbers the event producers provided. Daly stated he had difficulty in the believability in the numbers that the event producers were providing for lodging nights and the economic impact to the town. Additionally, Daly noted that any event that Highline produced seemed to come back the following year and doubled in the funding being requested and cautioned the CSE in believing the producer’s numbers. Economic Development Director Kelli McDonald reminded Council the CSE requested funding from Council in 2013 to contract for a follow-up evaluation by a third party that would develop methodology to measure this function. The results of this project would be presented to 1/7/2014 Town Council Meeting Minutes of December 3, 2013 Page 4 Council in early February, 2014. Moffet would like Highline to report real numbers rather than take responsibility for over the top sales tax. Rogers said Highline is a great event producer, but she agrees with Daly and Moffet and is not sure why the event producer does not present realistic event numbers. Davis moved onto the 2013-2017 CSE Strategic Plan saying the CSE had adopted a significantly improved set of operating guidelines with the objective of greater accountability, more rigor in why and how events are selected, and ultimately, greater effectiveness. Detailed within the revised Strategic Plan is a summary of the CSE’s tightened strategic direction and a reevaluation of each allocation based on accurate recap information as measured against defined criteria. Davis said the CSE would like to formally adopt the plan at the next CSE meeting based on Council’s vote today. Daly asked what CSE meant in their mission statement when they say “integration.” Davis said its activation in both Lionshead and Vail Village. Daly also stated the strategic fundamentals stated “the CSE will encourage and recruit independent event organizers to produce events in Vail by acting in a supporting role to provide seed funding for the development of new events, as well as consistent funding for existing events that continue to contribute to the economic vitality of the community.” Daly explained he could not support the “consistent funding” part of that statement due to possible future economic challenges. Chapin recommended changing the wording to “...as well as funding consideration for existing events.” Davis said that change could be made. Rogers stated the CSE had come a long way in the last two years. Daly asked if there was any public comment and there was none. Moffet made a motion to approve the 2013-2017 Strategic Plan as amended per the discussion with a second from Kurz. The motion passed unanimously 7-0. Moffet made a motion to approve the 2014 CSE funding allocations as presented with a second from Kurz. The motion passed unanimously 7-0. Davis spoke to Council regarding two events the CSE did not have funding for due to the 10% cut from their budget, but the board still felt both events would fit in the event calendar. These events were Vail Living Well Summit and the Summer of Bluegrass concert series that would be held in Lionshead. Daly informed Davis of the additional funding the CSE received during todays Council work session for events that fit in Tier IV, such as the Vail Living Well Summit. Moffet asked for more information regarding the $80,000 funding request for the bluegrass series. Davis said the request is for up to $80,000 and really depends on the talent the producer can arrange. Bruno informed Council this series would take place on Wednesday nights, which could assist with getting mid-week overnight stays. Chapin added the series would be hosted in Lionshead which fills that niche. Rogers agreed and commented that Lionshead is getting the reputation as a venue for hosting cool live music. Rogers was willing to support funding up to $80,000. Daly asked if there was any public comment. Rayla Kundolf, Vail resident, business owner and CSE member, agreed $80,000 is a lot of money, but the higher dollars will bring a great musical lineup and people would come. Daly asked Kundolf why CSE didn’t fund the bluegrass series if the board felt this was a great event. Kundolf stated the 10% decrease in the budget affected what events could be funded and the CSE additionally had asked many event promoters to come together and work on cost efficiencies. The event producer Ariel Rosemberg, with Lakeside Stride LLC, addressed Council and stated the event he was proposing was similar to the bluegrass event he produces in 1/7/2014 Town Council Meeting Minutes of December 3, 2013 Page 5 Denver and the caliber of the talent will depend on the funding assistance he receives from Council. Moffet asked if CSE was comfortable with bluegrass fitting the Vail brand. Davis said the board believed this would be an event everyone would feel comfortable going to. Bruno stated bluegrass has loyal followers who would travel to see their favorite bands. Town Manager Stan Zemler stated he wanted it to be clear the 10% cut from the CSE budget was an incorrect statement. The cut in the CSE budget in 2014 was from a onetime funding in 2013 for a Memorial Day Event and that funding was never to be permanent. Zemler went onto say that the funding for this event would need to come from the 2014 reserves and be a one time allocation with the hopes the event would be successful to stand on its own in 2015. Rogers agreed with taking the funding from the reserves and to have CSE come back after the event for a recap to see if Council should then increase the CSE’s budget to assist with this event in the future. Bugby expressed concern the event would be competing with Bravo. Chapin stated he supported this event and acknowledged the Lionshead merchants wanted this event to happen. Kurz made a motion to allocate $50,000 to this event with a second from Moffet. Chapin asked the producer if he could put the event on for that allocated amount. Rosemberg stated he thought this event could still be produced at a high caliber for that amount. Daly said he liked the event but is troubled by spending money from the reserves and questions the Council’s responsibility to the citizens and because of that he would not be supporting this motion. Zemler confirmed with Council this would be a onetime allocation. Rogers said yes it’s a onetime allocation, but she wants to have a conversation in 2014 to possibly increase CSE’s budget for 2015. The motion passed 6-1 (Daly opposed). The eighth item on the agenda was the second reading of Ordinance No. 19, Series of 2013, An Ordinance Amending Section 12-21-2, 12-21-11 and 12-21-14 of the Vail Town Code Regarding Hazard Regulations and Setting Forth Details in Regard Thereto. Tom Kassmel stated there were no changes to the ordinance from the first reading on December 3rd. Moffet made a motion to approve Ordinance No. 19 with a second from Rogers. Daly asked if there were any comments from Council. Bugby asked if this ordinance would affect property ratings for homeowners. Kassmel said it would not and this ordinance was required by the State of Colorado. Daly asked if there was any public comment and there was none. The motion passed unanimously 7-0. The ninth item on the agenda was the second reading of Ordinance No. 20, Series of 2013, An Ordinance Providing for the Levy Assessment and Collection of Town Property taxes due for the 2013 tax Year and Payable in the 2014 Fiscal Year. Assistant Finance Director Kathleen Halloran stated the town received an update from the County Assessor which showed a decrease in valuations by 2.5% from earlier estimates, or approximately $111,500 impact to revenue projections. Halloran said the 2014 budget for property tax is $4.3 million and will need to be adjusted during the first budget supplemental in 2014. The property tax authorized by Ordinance No. 20 will generate $4.2 million in revenue in 2014, representing approximately 8% of the town’s total revenue. Moffet moved to approve Ordinance No. 20 with a second from Kurz. 1/7/2014 Town Council Meeting Minutes of December 3, 2013 Page 6 Daly asked if there were any comments from Council or the public and there were none. The motion passed unanimously 7-0. The tenth item in the agenda is the first reading of Ordinance No. 22, Series of 2013, An Ordinance making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Police Confiscations Federal Fund of the 2013 Budget. Assistant Finance Director Kathleen Halloran said this supplemental request would adjust the budget to reflect $699,600 of additional revenue and proposes an increase of $937,600 to expenditures. Daly asked if the town ran over budget on the Sundial project. Public Works Director stated the budget ran over due to the streetscape work and the addition of a retaining wall. Daly stated the town is doing a lousy job estimating town projects and asked how this could be rectified in the future. Rogers would prefer the projects be presented at a higher cost and come in below the estimate rather then continually requesting additional funding. Zemler said staff would provide a cost analysis for Council’s review at the next meeting. Daly questioned if $27,000 from the police confiscated funds should be used toward the purchase of the mobile communications vehicle. Police Chief Dwight Henninger said there are very specific regulations on what those funds could be used for and this purchase is an appropriate use of these funds. Daly expressed concern the town if putting more money toward the mobile communication vehicle then the original agreement of a 50/50 split. Rogers and Chapin agreed with Daly that the town needs to stick to the original agreement of the 50/50 split. Moffet made a motion to approve Ordinance No. 22 with the adjustment to the funding for the mobile communications vehicle with a second from Kurz. Daly asked if there was any public comment and there was none. The motion passed unanimously 7-0. The eleventh on the agenda the first reading of Ordinance No. 23, Series of 2013 Commercial Ski Storage, An Ordinance Extending a Temporary Moratorium on the Processing and Approval of all Business and Land Use Applications for Private Ski Club Uses Within the Town. Community Development Director George Ruther stated that the staff had recently received several inquiries to operate private ski clubs within the town. Ruther said that pursuant to C.R.S. § 31-23-301, the town is empowered to regulate and restrict zoning, including but not limited to the location and use of buildings within its jurisdiction. Ruther additionally stated pursuant to C.R.S. § 31-23-303(1), the town's zoning regulations must be made in accordance with the comprehensive plan and designed to, among other things, promote health and general welfare within the town. Ruther explained staff needed additional time to gather information and study the impacts of private ski clubs and the zone districts in which they should be permitted. This ordinance would extend the current moratorium until June 17, 2014. Rogers said the moratorium originally was for 6 months and now staff is requesting the moratorium to be extended for another 6 months. Rogers asked Ruther why staff was requesting another six months. Town Manager Stan Zemler stated other town wide projects have been taking precedence. Rogers said extending the moratorium was not fair to businesses that are waiting for a decision. Daly asked if the town was in a position to make this permanent or does it need further study. Ruther felt the project needed more 1/7/2014 Town Council Meeting Minutes of December 3, 2013 Page 7 discussion concerning policy and conditional use permits to confirm the regulations will achieve the outcome the town wants. Moffet agreed this is a zoning discussion and staff needed to be thorough. Bugby asked how many applications staff has received for this type of business. Ruther replied that staff has received only one application at this time. Bugby suggested allowing the current applicant to go forward with the business using the current zoning. Moffet reiterated this is conditional use discussion and felt more comfortable with extending the moratorium. Daly asked if there was any public comment. Rick Mueller, business owner and ski storage business owner applicant, stated this is what people are looking for to expand their experience and it would additionally get more traffic back into town by Siebert Circle. Rogers asked Mueller when he would need to know Council s decision concerning policy and conditional use for his business to be prepared for the next ski season. Mueller stated he would need to know the town’s decision within the next two months so he could start preparing the space for this kind of service. Moffet made a motion to approve Ordinance No. 23 as read with a second from Kurz. Rogers stated she would not be supporting the ordinance extending the moratorium an additional six months. Bugby agreed with Rogers that the six month extension is too long and requests the motion to be amended to extend the moratorium for two months. Daly asked Moffet he would consider amending his motion to extend the moratorium for 90 days. Moffet amended the motion to extend the moratorium for 90 days with a second from Kurz. The motion passed 6-1 (Rogers opposed). The Twelfth item on the agenda was the first reading of Ordinance No. 24, Series of 2013, An Ordinance Granting a Non-Exclusive Franchise Service Company of Colorado Regarding the Provision of Natural Gas Service in the Town. Town attorney Matt Mire stated the current franchise agreement between the town and Public Service Company of Colorado expires on January 31, 2014. For the Public Service Company of Colorado to continue to provide gas service in the town, it needs a franchise agreement from the town. Mires stated Council reviewed and discussed the franchise agreement in the executive session earlier today and reminded Council the franchise fee increasing from 2% to 3%, which would bring Vail to the same standards across the state. Rogers made a motion to approve Ordinance No. 24 with a second from Moffet. Rogers stated the section discussing termination, breech and accruement language stated 90/90 days and the town has never given this amount of time. She would amend her motion with the direction to the town attorney to amend that section to read 60/60 days notice. Matt requested the motion to be additionally amended to require the franchise company to provide reports of all suppliers of natural gas that utilize Xcel’s facility to provide, sell and distribute natural gas to Vail residents. Daly asked if there was any public comment. Dudly Spiller, attorney for Xcel, requested the 90/90 language not be removed because there might be some extenuating circumstances suggested the language to be amended to state “reasonable time not to exceed 90 days.” Daly asked if there have been any projects that have taken longer than the 90/90 and if that was due to circumstances from weather. Spiller stated he was not aware of any projects that have utilized that amount of time. Bugby stated he would support the 60/60 and 3% fee increase. The motion passed unanimously 7-0. 1/7/2014 Town Council Meeting Minutes of December 3, 2013 Page 8 The Thirteenth item on the agenda was Adjournment. There being no further business, Moffet made a motion to adjourn with a second by Bugby. The motion passed and Council adjourned at 9:00 P.M. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ___________________________________ Tammy Nagel, Acting Town Clerk 1/7/2014 Town Council Meeting Minutes of December 17, 2013 Page 1 Vail Town Council Meeting Minutes Tuesday, December 17, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz Margaret Rogers Greg Moffet Jenn Bruno Dave Chapin Dale Bugby Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Tammy Nagel, Acting Town Clerk _________________________________________________________________ The first item on the agenda was Citizen Participation. There were no comments. The second item on the agenda was the Consent Agenda: 1) Resolution No. 10, Series of 2013 – Colorado Water Plan. Chuck Oligby, North West Colorado Council of Government (NWCCOG) Water Quality/Quantity Committee representative of the town and other municipalities, and Diane Johnson, Eagle River Water Sanitation District (ERWSD), explained by passing Resolution 10, the Council would be endorsing the West Slope Principles and Adopting the Eagle River Basin Principles for the Colorado Water Plan. Moffet made a motion to adopt Resolution No. 10 with a second from Bugby. There was no public comment. The motion passed unanimously 7-0. The third item on the agenda was the Town Managers Report. 1) Construction Use Tax Update. Judy Camp, Finance Director, spoke to Council regarding the history and the process of collecting the Construction Use Tax. Camp said in November 2007, voters approved a 4.0% use tax on construction and building materials to complement the existing 4.0% sales tax on all other tangible personal property sold at retail in the town. The tax was effective January 1, 2008, and has generated approximately $5.5 million, which was to be used for capital projects. Camp stated following completion of the construction project there is an opportunity for both the contractor and the town to assure the correct amount of tax was paid based on actual costs of the project by requesting an audit of the project. To date the town has not performed any audits, nor has any contractor requested one. Recent valuations provided by builders have shown significant variation in cost per square foot of similar type projects, bringing into question the accuracy of the construction use tax collected. Some contractors have expressed a concern that they have paid more tax than their 1/7/2014 Town Council Meeting Minutes of December 17, 2013 Page 2 competitors on similar projects. Building permit fees are also based on valuation and although this process does not address building permits per se, if more accurate valuations are established at the time a permit is issued, permit fees will also be more accurate. Camp explained currently the tax is collected at the time a building permit is issued based on an estimated cost of materials equal to 50% of the building valuation as determined by the building inspector based on information provided by the contractor. The first $10,000 of valuation is exempt to provide relief for small projects. Camp said the town staff was working with an outside consultant, RRG, to facilitate a new process going forward to assure more accurate collection of the construction use tax. The building and construction community have been invited to attend the regularly scheduled “Breakfast with the Building Official” meeting on December 20th at 7:00 a.m. to learn more about the new process. Camp added RRG is a private firm that specializes in assisting local governments with the facilitation of programs that encourage regulatory compliance. RRG had successfully implemented similar construction use programs for other municipalities and the town had worked with RRG in the past on sales tax issues. Moffet asked how other communities are confirming they are receiving the correct tax amount. Camp stated other municipalities are also using companies similar to RRJ. Rogers stated there needed to be a distinction between a homeowner who is remodeling a bedroom or bathroom compared to brand new commercial construction. Rogers felt residents should have a different, simpler process while large commercial construction should have a more complex auditing system. Camp stated those processes are being considered depending on the size of the construction job. Camp explained the auditors would not make a decision and that it would be the town that had the ultimate decision making on what process would be used. Camp added the auditor would be paid based on who is requesting the audit, i.e., the town or the contractor. Bugby asked how RRG is compensated. Camp responded it’s a flat rate. Daly asked which party is responsible for fees. Camp stated both contractor and owner would be held responsible for any fees. Daly asked if there was any public comment and there was none. 2) Vail Recreation District Operating Agreement with Walking Mountains. Council had no comment regarding this matter. The fourth item on the agenda was the Appointment of Commission on Special Events (CSE) and Vail Local Marketing District Advisory Committee (VLMDAC) members. Daly announced the following would serve on the CSE for a two year term: Nicole Whitaker, Jeff Andrews, Bobby Bank and Rayla Kundolf and Mark Gordon would serve a one year term on the CSE board. Kurz made a motion to appoint the following to the CSE board with a second from Moffet. The motion passed unanimously 7-0. Daly announced the following have been appointed by Council to serve on the VLMDAC: John Dawsey, Jamie Gunion, Michael Holton and Laurie Mullen. Kurz made a motion to appoint the following to the VLMDAC with a second from Moffet. The motion passed unanimously 7-0. The fifth item on the agenda was the Retail Marijuana Policy Discussion. Town Attorney Matt Mire stated the town adopted a temporary ban on retail marijuana establishments, which expires on January 21, 2014. Mire requested direction from Council on how they would like staff to proceed by either prohibiting retail marijuana sales within the town; regulating such businesses; or extending the temporary ban to allow the town to further study its options. Mire stated if Council would like to have staff review the zoning and policies concerning marijuana establishments operating within the town, he would request the moratorium be extended for 1/7/2014 Town Council Meeting Minutes of December 17, 2013 Page 3 another 6 months. Moffet supported the 6 month extension and suggested seeing what the county and other municipalities do and how successful their policies are. Moffet made a motion to direct the town attorney to bring back an ordinance extending the moratorium for another 6 months with a second from Kurz. Rogers stated there was no direction given to Mire and she thought taxation was the way to go, but if she was the only one interested in having staff reviewing policies and zoning possibilities for establishments in town limits to sell or manufacture retail marijuana then there would be no reason to extend the moratorium. Moffet was uncomfortable on making a decision without more information from staff. Bruno agreed with Moffet and would like to see what unravels from other municipalities who grant it. Chapin said he would be the 4th member who was interested in having more information regarding establishments selling retail marijuana. Daly suggested a task force be created with Council and staff. Rogers suggested all Council members be on the task force. All Council members agreed with that suggestion. Bugby wanted to make it clear that it’s legal for citizens to smoke in their home but not in public. Chapin wants to see the town be proactive in getting the message out and spreading awareness concerning legalizing marijuana. Daly asked for public comments. Dave Manzanares, operator of Sweet Pioneer, a medical marijuana establishment in the Town of Eagle, felt the liquor store and grocery stores would be the best way to get the message out on where smoking is permitted. Manzanares additionally offered his expertise to Council if they had any questions. Town of Vail Police Commander Craig Bettis spoke to Council about his concerns and the legal issues he sees from allowing the retail establishments. Bettis asked Council if this was really the business the town wanted to get into. The motion passed unanimously 7-0 The sixth item on the agenda was the Vail Village Townhouse Zone (VVT) District Discussion. On August 21, 2012, Council adopted Ordinance No. 2, Series of 2012, establishing the VVT Zone District. The VVT Zone District was created following numerous public hearings before the Planning and Environmental Commission (PEC) and Council first, then as a private property owner initiated application and later, as a Community Development staff led effort. This VVT Zone District was specifically initiated for developments like the Vail Row Houses 1-6 aka Vail Townhouses Condominiums, Vail Row Houses 7-13, Vail Trails Chalets, Vail Trails East Condominiums and the Texas Townhomes. With the VVT Zone District in place, staff reached out to the property owners of the parcels originally identified as potentially suitable for rezoning. A first correspondence requesting feedback was initiated on August 1, 2013, with a second request occurring on November 18, 2013. The deadline for feedback from the November 18th request was December 9, 2013. Community Development Planner Jonathan Spence asked Council to refer to the map in their packets, which identified the five properties that are potentially appropriate for the District. Three of the properties are condominium projects with established home owner associations where decisions are made collectively within the established bylaws. The remaining two buildings have been subdivided vertically resulting in ownership of the land under the building not being held in common. Vail Townhouses Condominiums (A), Vail Trails Chalets (C) and Vail Trails East (D) had submitted letters of opposition representing their 56 units. Opposition has also been received from the owners of units 11 and 11B of Vail Row Houses 7-13, (B) and the owners of units 6 and 6B in the Texas Townhomes (E). Of the approximately 77 unit owners, staff had received opposition from 60, support from 4 and no response from the remaining 13. Spence stated based upon the information received to date, staff was requesting Council to direct staff to do one of the following three options: 1) initiate rezoning applications for 5 properties; 2) rezone the application for Vail Row Houses 7-13 & Texas Townhomes; or 3) no action. Rogers expressed frustration concerning how much time was spent on this issue. Rogers stated she was under the 1/7/2014 Town Council Meeting Minutes of December 17, 2013 Page 4 impression this was what the people wanted and she was surprised to see the responses from the public. Community Development Director George Ruther stated the process is a predictable process now where before it was questionable on what the results would be from the design review process. Rogers said the Vail Trails Chalet and the Vail Trails East would never be developed due to the height regulations. Bugby stated option three was the better option and he was not sure what Council was trying to preserve. Daly asked if there was any public comment. Dominick Mauriello, representing the Vail Row Houses Unit 7-13, said that the height is scaring more people away that it was not the square footage. Mauriello reminded Council this issue has been discussed for the last five years and requested a rezoning application be file. There was no further comment from the public. Moffet made a motion to move forward with option #2 which is to move forward to the PEC with a rezoning application for Vail Row Houses 7-13 and Texas Townhomes only, with a second from Kurz. Moffet added the existing zoning was wrong for these properties. Moffet also thought this would increase conformance of properties. Rogers disagreed with Moffet and said nothing had changed. Rogers thought option #1 was the better direction. Bugby stated he would not support either option 1 or 2 and that the only option to him that made sense was #3 for all properties and not just 9 out of 10. Bugby felt the proposed zoning was wrong for condominiums. The motion passed 4-3 (Rogers, Chapin and Bugby opposed). The seventh item on the agenda was the second reading of Ordinance No. 22, Series of 2013, An Ordinance making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Police Confiscations Federal Fund of the 2013 Budget. Assistant Finance Director Kathleen Halloran reviewed the changes to the ordinance since the first reading. Halloran said since the first reading, more firm bids were received on the Mobile Communications vehicle. After working closely with the preferred vendor NOMAD, the proposed budget of $350,000 was now reduced to $321,000. Halloran explained 50% of the funding would come from the E911 Board funding of $85,000; the external agencies funding $25,000; the E911 capital reserve in the Dispatch Services Fund $43,000; and the Contribution from NOMAD, the vehicle vendor for $7,500. The town’s Capital Projects Fund would cover a net cost of $160,500. Moffet moved to pass Ordinance No. 22 with a second from Kurz. There was no public comment. The motion passed 7-0. The eighth item on the agenda was the second reading of Ordinance No. 23, Series of 2013 Commercial Ski Storage, An Ordinance Extending a Temporary Moratorium on the Processing and Approval of all Business and Land Use Applications for Private Ski Club Uses within the Town. Community Development Director George Ruther said a six month moratorium was set in June and two weeks ago staff requested to extend the moratorium for another 6 months. Ruther said Council directed staff to extend the moratorium for 90 days and staff was requesting the moratorium expire on March 19 which is 92 days. Ruther stated the 92 days was needed for staff to accomplish research and discuss current policies and current land uses; have meetings with stakeholders; and update Council in March. Ruther said there was not a lot of room to change the scope, which specifically is private ski clubs and ski storage and how they impact the community. Bugby made a motion to pass Ordinance No. 23 with a 92 day moratorium, with a second from Moffet. There was no public comment. The motion passed unanimously 7-0. The ninth item on the agenda was the second reading of Ordinance No. 24, Series of 2013, An Ordinance Granting a Non-Exclusive Franchise Service Company of Colorado Regarding the Provision of Natural Gas Service in the Town. Town attorney Matt Mire stated the current 1/7/2014 Town Council Meeting Minutes of December 17, 2013 Page 5 franchise agreement ended in January 2014 and this agreement would be for an additional 20 years and increases the franchise fee to 3%. Rogers moved to pass Ordinance No. 24 with a second from Moffet. There was no public comment. The motion passed unanimously 7-0. Town manager wanted to add under his item that for New Years Eve, the town will proceed as last year and that there would be no curfew enforced. Outside bus service will stop at 10:00 p.m. The tenth item in the agenda was Adjournment. There being no further business, Moffet made a motion to adjourn with a second from Kurz. The motion passed unanimously 7-0 and Council adjourned at 7:50 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ___________________________________ Tammy Nagel, Acting Town Clerk 1/7/2014 Resolution No. 1, Series of 2014 RESOLUTION NO. 1 SERIES OF 2014 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24-6-402(2)(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of January, 2014. _________________________________ Andrew P. Daly, Mayor ATTEST: _________________________________ Tammy Nagel, Acting Town Clerk 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: Town Managers Report: 1) 2013 Year in Review; 2) Timber Ridge Deed Transfer Update; PRESENTER(S): Stan Zemler ATTACHMENTS: 2013 Year in Review 1/7/2014 FOR IMMEDIATE RELEASE December 30, 2013 Contact: Stan Zemler, 479-2105 Vail Town Manager TOWN OF VAIL 2013 YEAR IN REVIEW (Vail)--With Vail’s 50th Anniversary celebration in full swing during much of 2013, the Town of Vail marked the year with numerous successes and tributes. Especially noteworthy was the 50th themed Fourth of July parade that included entries from Vail’s pillar organizations and institutions, including Vail Resorts, Vail Valley Medical Center, Vail Mountain School and Ski & Snowboard Club Vail. Mother Nature also weighed in during the year when large amounts of late season snow caused the anniversary season to be extended an additional weekend, while favorable snow conditions returned for the start of the 2013-14 season. The year will also be remembered for several milestones, including approval of a plan for redevelopment of a portion of the town-owned Timber Ridge affordable housing complex following several unsuccessful attempts. Also noteworthy is completion of the first phase of improvements to Ford Park and the Gerald R. Ford Amphitheater with voter-directed funding, as well as completion of a long- awaited renovation of the Main Vail fire station. A $14.6 million funding award by the Colorado Department of Transportation for construction of the Vail I-70 Underpass was also announced during the year which will represent the largest single public infrastructure project in the town’s history. Other legacy projects included ongoing efforts to improve the health of Gore Creek with a focus on removing stream tract encroachments and a Town Council decision to implement townwide recycling which will take place in 2014. Vail's municipal election in November welcomed three newcomers to the Town Council with Andy Daly and Ludwig Kurz reappointed to serve as mayor and mayor pro-tem, respectively. As the year progressed, the town continued to work through the legal process to advance a project to remodel the golf course clubhouse and to relocate the 18th hole. Vail's economy continued to recover from the national recession with sales tax collections through October exceeding the previous record set in 2008 by 8.3 percent. These and other examples of the town’s activities for 2013 are detailed below: COMMUNITY LEADERSHIP, OUTREACH & INITIATIVES Town Council Election The Town Council election in November brought three new members to the board and returned an incumbent. Jenn Bruno and Dave “Bone” Chapin led the field and were seated to four year terms. Also winning election to a four-year term was incumbent Greg Moffet. Dale Bugby, the fourth-place finisher among the seven candidates, received a two-year term. The newly-elected members were sworn in on Nov. 12, joining Andy Daly, Ludwig Kurz and Margaret Rogers whose terms extend to 2015. Daly and Kurz were later re-appointed mayor and mayor pro tem, respectively. A second incumbent, Susie Tjossem, finished fifth in the voting and narrowly missed re-election. Former Mayors Share Insights at Annual Town Meeting 1/7/2014 A panel of former Town of Vail mayors provided the keynote program during the town’s 13th Annual Community Meeting in March to celebrate Vail’s 50th Anniversary. Joining current Mayor Andy Daly were past town leaders Peggy Osterfoss, Rod Ford, Dick Cleveland and Ludwig Kurz. The panel proudly reminisced about Vail’s many triumphs and challenges. Donovan Candidacy In June, Kerry Donovan, who won election to the Town Council in 2009, announced her candidacy for the Colorado State Senate District 5 seat held by Gail Schwartz who is term-limited. District 5 encompasses Chaffee, Delta, Eagle, Gunnison, Hinsdale, Lake and Pitkin counties. As a result of her candidacy for the November 2014 election, Donovan did not file for re-election to the Town Council. Red Sandstone School Representatives from Red Sandstone Elementary School came to a Town Council meeting in November to thank the town for a one-time $20,000 grant which was used to upgrade the library and to upgrade technology at the school. In authorizing the funding, the Town Council had vowed to do what it can to help keep the school open following district-wide budget cuts. The council has cited the benefits of retaining a public school in Vail as a community anchor. Retail Marijuana Policy In December the Town Council directed the staff to extend a temporary moratorium that bans retail marijuana establishments in town for an additional sixty days to allow for more information-gathering. Council members asked that an education campaign be used to inform guests of the regulatory actions that have been taken by the town as it relates to the possession and consumption of marijuana. The information has been posted at www.vailgov.com/marijuana. ECONOMIC SUSTAINABILITY Town Revenues Vail's economy continued to recover from the national recession with sales tax collections reaching record levels in eight out of the first ten months of the year and year-to-date collections through October exceeding the previous record set in 2008 by 8.3 percent. Summer activity was strong with lodging occupancy and average daily rate each up three percent from the prior summer. Construction activity is also improving with the town’s construction use tax trending upward by 13 percent from 2012. One disappointing metric of economic health remains real estate transfer tax, which is down 11 percent from the prior year, primarily due fewer major redevelopment projects and lower average prices than last year. Special Events The town’s economic development initiatives once again focused on special events in 2013 with the annual investment of $625,000 for the upcoming 2015 World Alpine Ski Championships including the Nations’ Race to be held on Vail Mountain and additional sponsorship totaling nearly $2.2 million for events in 2013, which included the debut of the Vail Kayak Race series on Gore Creek in May and June, an inaugural culinary festival “Feast! Vail” over Memorial Day weekend, plus a Vail 50th themed Fourth of July parade which included use of close proximity fireworks endorsed by the fire chief as a safe alternative during wildfire season. In all, 40 special events were supported with 1/7/2014 public funds in 2013, either through the Town Council or the Commission on Special Events. In addition, an independent survey analysis contracted by the Town Council and based on results that covered all publicly funded events in 2012 was released in 2013 and showed the town’s overall economic return on investment in special events at $76.77 for every $1 spent, and a direct sales tax return of $2.37 for every $1 spent. Burton US Open The 31st annual Burton US Open Snowboard Championships saw 126 of the world’s greatest snowboarders converge on its new home of Vail for four days of intense competition and a week’s worth of fun from March 27 through Feb. 2. The town provided $400,000 in sponsorship money to help bring the event to Vail which resulted in 30,000 room nights and over $18 million in overall incremental spending in the Town of Vail. Burton has signed an agreement to host the US Open in Vail for four years. USA Pro Challenge The USA Pro Challenge returned to Vail on Aug. 23 with the Stage 5 Time Trial following a successful bid submitted by the Vail Valley Foundation in partnership with the town. The event is recognized as one of Vail’s most invigorating summer activities generating thousands of spectators and international exposure. Vail hosted the Time Trial stage during the inaugural year in 2011 but was passed up during the 2012 event when the Time Trial took place in Denver. Organizers have since selected Vail to repeat as the host venue for the Time Trial in 2014. Survivor Auditions The competitive spirit came to life in Vail in August when producers from CBS4, home of the popular CBS reality show “Survivor,” set up for the only casting call in Colorado during the year. Three hundred competitors, including a handful of locals, got their chance to show producers why they should be chosen. Tier IV Funding Tier IV, a new category of discretionary funding to encourage innovative and intellectually stimulating events that promote Life Long Learning and foster the strategic objective of a Health & Wellness reputation for Vail was created by the Town Council. Proposals from event promoters were to be evaluated by the Commission on Special Events for 2014 funding. Eagle Air Alliance Decisions to increase 2014 funding to the Eagle Air Alliance were made by the Town Council, up from $30,000 contributed in 2013 to $50,000 to assist in achieving the three stated goals: grow the summer flight between EGE and Houston, secure additional flight opportunities and develop a long-term funding source. New Businesses Thirty-three new business licenses were processed by the town in 2013 including 24 new retail establishments, one new restaurant, two new lodging or property management businesses, three professional offices, two real estate businesses and one service provider. Vail Mountain Summer Activities 1/7/2014 After previously expressing support for federal legislation to expand summer recreational opportunities on U.S. Forest Service lands, the Town Council celebrated the grand opening of the first phase of new amenities on Vail Mountain during a ceremony in August with the debut of a four-line, 1,200-foot long zip line and two ropes challenge courses near Eagle’s Nest. The new activities were represented as a small-scale example of some of the activities proposed in the Epic Discovery plan, anticipated for summer 2015 pending Forest Service approval. 2014 Budget A combination of conservative budgeting and use of reserve funds for three iconic events was used to prepare a $32 million operating budget for 2014 approved by the Town Council. Included was $400,000 for investment in the Burton US Open snowboarding championships to be held March 3-8, plus $625,000 in advance funding for the 2015 World Alpine Ski Championships which includes town sponsorship of the Nation’s Team Event at Golden Peak. In addition $75,000 was identified in general reserve funding plus $100,000 included in the separate Vail Local Marketing District budget in anticipation of Vail’s successful bid to host the USA Pro Challenge Time Trial next August. The 2014 budget also contains an investment of $18 million for capital projects, including improvements to the Lionshead parking structure entry, construction of medians and expansion of bike lanes along portions of the Frontage Road, remodel of the Vail Village Welcome Center, improvements to Booth Creek Park, replacement of a fire truck as well as continued enhancements at Ford Park and the Vail Golf Club. 2012 Audit Report The town’s finances were reviewed by independent auditors who presented an unqualified opinion, meaning the town’s year-end financial statements were presented fairly in all material respects. The town maintained its healthy reserves into 2013, even after paying off bonds originally issued for the parking structures and funding several capital projects from accumulated cash. GROUND BREAKINGS, RIBBON CUTTINGS & CAPITAL IMPROVEMENTS Grand Re-Opening Ceremony for Public Library The Friends of Vail Public Library hosted a grand re-opening celebration in March to mark completion of a $2.1 million renovation of the building. The improvements include a new social technology center, multi-purpose service desk, new book stacks, lighting upgrades, a remodeled community room with updated technology, relocation of staff offices to the lower level and installation of an enclosed stairway and elevator. The renovation also included the addition of new murals in the Children’s Room by local artist Natalie de Stefano. Main Vail Fire Station Remodel In June, a “hose uncoupling” ceremony, in lieu of a ribbon cutting, marked the reopening of the Main Vail fire station following a $2.2 million remodel. The project included a renovation of the bay area, utility upgrades, energy efficiencies, technology enhancements, new public restrooms on the north side of the building and two employee housing units on the second floor. The renovation retained the station’s original footprint which was built in 1971. Numerous upgrades were required to meet current building and fire codes, including installation of a fire sprinkler system. Ford Park Phase 1 Completed 1/7/2014 The first phase of facelifts to Ford Park was completed during the year with improvements to the Gerald R. Ford Amphitheater that included re-grading of the lawn seating and new restrooms at the east entry. The new restrooms and concession buildings were completed for the ball fields. East Betty Ford Way received a major upgrade with widening, retaining wall and brick pavers. Other Ford Park Phases Yet to come will be completion of the next phase which began construction in the fall and will be completed late summer 2014. Those improvements include final realignment of the three softball fields with natural grass outfields and synthetic turf infields, irrigation and subdrainage systems, bleacher areas and fencing. Other components include improved pedestrian walkways and landscaping, construction of a new bus stop area and bus shelter, realignment of the parking lot entrance, as well as storm sewer and lighting system improvements. The Ford Park construction phases are being funded, in part, by the voter-approved Conference Center Fund reallocation as well as fund-raising support by the Vail Valley Foundation, which owns and operates the amphitheater. Additional phases are in the design development process, including a covered courtyard at the amphitheater, a box office expansion and a Ford Family tribute. Other phases on the horizon are construction of an education center at Alpine Gardens and a town project to replace the restroom at the playground. Golf Course Clubhouse Development Review The Planning and Environmental Commission approved the town’s application to remodel the Vail Golf Course Clubhouse following a review of amendments to a conditional use permit submitted by the town in its role as applicant. The project had been modified to address concerns expressed by the PEC regarding availability of parking and the overall use of the clubhouse. The changes required approval of a management and operations agreement for the clubhouse. An appeal to the PEC approval was later upheld by the Town Council. Ordinances to amend the Town Code to establish an allowable building height for golf course clubhouses within the Outdoor Recreation District and to rezone the golf course parking lot from General Use to Outdoor Recreation District were approved by the Town Council during the year. The project was subsequently placed on hold while the town awaits the outcome of a lawsuit. Golf Course Clubhouse Lawsuit A deed restriction remained the centerpiece of legal briefs filed by the town in defense of a lawsuit filed in 2012 by eight property owners from the Golf Course neighborhood who have objected to the town’s renovation plans for the clubhouse. The plaintiffs claim the renovation violates an existing deed restriction that was transferred when the land was acquired by the town in the 1980s. The deed restriction states that the property “is to be used in perpetuity for a public golf course or open space or park for the benefit of the public and only such other related support facilities required for those purposes.” The town’s position is that a renovation of the clubhouse to improve upon existing year-round uses adheres to the deed restriction. Eagle County District Court rulings on other filings related to the golf course have included a dismissal of an appeal of a Planning and Environmental Commission approval of the amended Conditional Use Permit for the clubhouse as well as the operating plan, and an order dismissing the plaintiff’s motion for a preliminary injunction to stop the 18th hole relocation project. 18th Hole Realignment 1/7/2014 A project to realign the 18th hole at the Vail Golf Club got underway in the fall with completion to take place in spring 2014. The realignment was authorized by the Town Council to address ongoing safety concerns regarding errant balls. Several members of the Vail Recreation District Board of Directors expressed hesitation due to concerns about lost revenues in the event construction runs behind schedule. To allow 18 holes of play, an alternate hole was put into rotation for the remainder of the 2013 season. The project had been challenged in Eagle County District Court when representatives from the neighborhood filed a request for a preliminary injunction to block the project. The court found the town had the legal authority to continue with the realignment. Additionally, design and funding decisions were made for a companion project to improve safety conditions at the driving range. That project began in December and will be completed in the spring. Streamwalk Improvements Improvements to the Vail Village streamwalk between Vail Valley Drive and Ford Park were completed this summer. The work included re-grading of path sections to reduce the maximum grade from 17 percent to 8.4 percent and the realignment of a section of the path to remove it from the 100 year flood plain. Lionshead Park A new park was completed in Lionshead during the fall. The park includes a children’s play area with art-inspired nest-like play structures, a climbing wall and a pop-jet fountain that will operate during the warm weather months. The park is a collaboration between the Public Works Department and Art in Public Places. A community naming contest was announced in November with suggestions due on Dec. 27. North Frontage Road Improvements A new sidewalk, curb and gutter, street lighting and a bus shelter were added to improve the skier parking area along the North Frontage Road from the West Vail Roundabout east to Zermatt Road. The town-funded safety improvements were required by the Colorado Department of Transportation to allow skier parking to continue at that location. South Frontage Road Improvements Improvements to the South Frontage Road included installation of six foot wide shoulders between the West Vail Roundabout east to Matterhorn Circle. These improvements are a continuation of the town’s effort to provide adequate room for all users of the Frontage Roads - vehicular, bicycle and pedestrian. 2014 will be the last phase of shoulder widenings consisting of the North Frontage Road from Zermatt Lane to the Main Vail Roundabout and the South Frontage Road in the Cascade area. Matterhorn Bridge Replacement A bridge replacement project on Matterhorn Circle was completed following two construction seasons. With 80 percent of the cost funded by a federal grant, this was the first significant bridge replacement project in Vail since construction of the Pulis Bridge on Vail Valley Drive in 1995. The new bridge is longer and wider than the original one and was designed to better handle flows from Gore Creek during high water seasons. REDEVELOPMENT Simba Run Redevelopment 1/7/2014 In November, Simba Run Vail Condominiums completed a seven-month $5 million exterior renovation. This included new siding, stucco, trim, windows and new exterior paint colors. In conjunction with the exterior renovation, many of the property’s 72 condominium owners performed upgrades to their units. PARKING/TRANSPORTATION IMPROVEMENTS Vail I-70 Underpass The town was notified in October that it had been successful in applying for funding from the Colorado Department of Transportation to help construct the Vail Interstate 70 underpass. CDOT awarded $14.6 million to the town as a recipient of its Responsible Acceleration of Maintenance and Partnerships (RAMP) program. The underpass project will be matched by another $6 million in local funding from the Vail Reinvestment Authority. The project has been in the planning stages since the 1990s and will improve mobility within town by relieving congestion at the West and Main Vail I-70 interchanges. It will also improve transit circulation and emergency response within the town and provide for a safe and efficient alternative for pedestrians and bicyclists. The next planning and design phases will take approximately 18 to 24 months to complete with construction beginning in 2016 at the earliest with completion in 2017. Transportation Regulations New regulations to manage the proliferation of commercial passenger transportation vehicles was implemented during the winter season to better coordinate use of the town’s infrastructure for passenger drop off and pick up. The regulations require permits for all transportation companies doing business in the town, including taxis, luxury limousines, buses, lodging industry vans, shuttles and courtesy cars. An assessment of the program’s first season concluded the regulations helped improve traffic circulation as well as the overall guest experience and should therefore continue until future notice. Over 600 vehicles obtained permits in 2012-13. Summer Parking Operations A summer parking plan was implemented for the third season to improve utilization of the Vail Village and Lionshead parking structures. The operations included continued use of a Frontage Road express bus route that serviced Lionshead, Vail Village and Ford Park on special event days to offset Frontage Road parking restrictions. Winter Parking Operations The town rolled out its winter parking program for the 2013-14 season which was unchanged from the previous year. All free parking programs, including two hours free and free after 3 p.m. in the parking garages, were retained as well as all free outlying parking locations. This includes 50 spaces on the North Frontage Road across from the West Vail Mall which is serviced by a newly-built bus shelter and sidewalk. NEIGHBORHOODS Community Picnics Community picnics at Donovan and Bighorn parks were hosted by the town for the 14th year. Each summer, the picnics provide residents an opportunity to offer comments and suggestions about community issues to members of the Town Council and town staff. Dog Park Alert 1/7/2014 In August, users of the off-leash area in Stephens Park were reminded to be more diligent about cleaning up after their pets to preserve the designation. Signs encouraging users to take measures to keep the park clean were installed at the direction of the Town Council following complaints by park users and the town’s maintenance staff. Stephens Park received its off-leash designation in 2004, joining Bighorn Park as the only available off-leash areas in Vail to exercise dogs. All other parks in Vail require dogs to be leashed and under control of their owner. MASTER PLANNING Ford Park Master Plan Updated After an exhaustive review, a new master planning document for Ford Park was approved by the Town Council in November that includes previous documents from 1974, 1985, 1997 and 2012 as well as an updated list of allowed uses and prohibited uses in the park. Among other things, the plan identifies a development site for a future Betty Ford Alpine Garden Education Center and expands the size of Ford Park. Vail Valley Medical Center Facilities Master Plan Several community workshops were hosted by the town and Vail Valley Medical Center to help shape a Facilities Master Plan for the VVMC campus. Once completed, the plan will be used by VVMC to help guide and direct the future decisions for development on the VVMC campus. Topics relevant to the town include a framework for relocation of the air ambulance helipad as well as parking, traffic and circulation topics. The idea for a facilities master plan emerged during discussions pertaining to redevelopment of the Town of Vail municipal site. That project is no longer being actively pursued by VVMC and the town. Vail Village Character Preservation Initiative Work continued during the year to study whether the town’s current regulations, design standards and guidelines are sufficient to ensure that the special character of Vail Village is not just maintained but also enhanced. Several public hearings were held with the Planning and Environmental Commission to review the Vail Village Master Plan, Vail Village Urban Design Guide Plan, Vail Village Design Considerations and the zone districts within Vail Village. These documents were reviewed and discussed to determine where they’re achieving desired goals and outcomes and where deficiencies and inconsistencies may exist. The hearings have included discussions regarding landmarks, public spaces, nonconforming buildings, recently redeveloped buildings, and if desired, policy objectives and goals are being achieved. The study-phase of the Vail Village Character Preservation Initiative is to be completed in early 2014. HOUSING Timber Ridge Redevelopment A development application was filed with the town in November to initiate a formal review process for redevelopment of a portion of the town-owned Timber Ridge affordable housing complex. The filing followed approval of an agreement between the Town Council and Gorman and Company, a third party development group led by Jen Wright and Gary Gorman. The proposal includes demolishing 102 existing apartment units located on the easternmost portion of the site and replacing them with at least 113 units with a mix of one- and two-bedroom units. Following project approvals by the town 1/7/2014 boards and final agreements between the town and developer, construction could begin by late spring 2014 with completion by the start of the 2015-16 ski season. Housing Lottery Master Purchaser List Nine qualifying home buyers became eligible for the town’s master purchaser list in July which is used to determine the order in which resales of town-facilitated deed restricted housing units are offered to buyers. The list is used for resales of 82 units at Vail Commons, Red Sandstone Creek, North Trail Townhomes and the Arosa Drive Duplex, where priority is given based on the number of years a person has worked and lived in Vail or elsewhere in Eagle County. During the year there were three resales. Of the three potential purchasers on the 2012 list, all were given an opportunity to purchase a unit. ENVIRONMENT Stream Tract Public Education In an ongoing effort to remove private encroachments on town-owned stream tracts, 50 signs were installed along Gore Creek during the spring to delineate the public stream tract area from private property. The signs were used to provide public education as to the importance of the riparian areas. Continuing with the Town Council’s “zero tolerance” policy, 15 citations were issued during the year to property owners who were found to be encroaching on the stream tract. Initially, nearly 70 encroachments had been identified by the town. These include removal of willows and other vegetation, installation of irrigation systems, the planting of turf grass, as well as illegal construction of patios and other built structures. Gore Creek Water Quality Improvement Plan In September, the Eagle County Urban Runoff Group, which includes representation from the town, presented a far-reaching document to the Vail Town Council to address water quality issues in Gore Creek. The document identified three general causes for the decline in water quality in Gore Creek: 1) riparian buffer/habitat degradation; 2) impacts of impervious cover (pavement, sidewalks) and urban runoff; and 3) pollutants associated with land use activities and urban runoff. The plan offers recommendations for improvements in the categories of regulatory measures, education/outreach, site projects, best management practices and monitoring/study. The Town Council will be meeting in early 2014 to prioritize implementation. Plastic Bag Survey A survey was initiated in July by the town to probe community interest in reducing plastic bags through bans or fees. An in-person survey was conducted in front of Vail’s grocery stores while an online survey was offered to anyone who wanted to take part. In all, there were 500 respondents, most of whom expressed support for a reduction in bag use. Results will be presented to the Town Council in 2014 to be used to determine next steps. Townwide Recycling Discussions about enactment of a townwide recycling regulation also took place during the year. An advisory committee was formed to explore the challenges and opportunities related to mandatory recycling with a recommendation made to move ahead. As the 1/7/2014 year came to a close, the Town Council asked that an ordinance be drafted for consideration in early 2014. Town Facilities Energy Conservation Project An ongoing energy monitoring program of town facilities resulted in a three-year savings of $523,700, close to 14 percent of the town’s 20 percent energy reduction goal and over 1,300 tons of carbon dioxide per year, equating to about 11 percent of the town’s total emissions. Vail Volts Wagon A newly constructed Vail “Volts Wagon” was introduced during the summer for free use to promote Vail’s Celebrate Green sustainable events program. The portable, plug-and- play, solar panel trailer was used to provide 500 watts of power during the Vail Farmers’ Market and other special events. It was also used for public education purposes and has traveled to local schools, allowing students the opportunity to see how solar power works. Designed by Active Energies Solar, LLC., community sponsors included Highline, Antlers at Vail and First Bank. The Celebrate Green program is a points-based system for special event producers that incentivizes sustainable practices and requires basic environmental responsibility. First Zero Emission Vehicle The town’s first zero emission vehicle, a 2013 Nissan Leaf, hit the streets during the summer. The Leaf joined a growing inventory of other energy-efficient vehicles within the town’s fleet, including 10-hybrid low-floor buses, three Toyota Prius vehicles, two Toyota Highlanders and the trailer-mounted solar powered 110V generator. Town Clean Up Day The 2013 Clean Up Day featured school students and teachers who joined other community members in picking up nearly 90 yards of spring-time trash. The town donated $25 per volunteer with proceeds donated to Red Sandstone and Vail Mountain schools, as well as other local non-profits. Electronics Recycling and Paper Shredding The town hosted its annual electronics recycling event in June, where over 8,000 pounds of computers, laptops, cell phones and anything and everything with a plug was collected, along with over 10 filing cabinets worth of paper to be recycled. Participants were reminded of a new state law that prohibits e-waste from being deposited in the landfill with other waste. Sole Power The third annual Sole Power Challenge, a green commuting challenge offered to the entire Eagle Valley and facilitated by the Town of Vail, generated over 300 participants. They logged over 31,643 miles in their daily commuting activities, which included cycling, walking, skating and other non-motorized travel. Their efforts prevented over 30,000 pounds of carbon from entering the atmosphere, the equivalent of taking three cars off the road for an entire year and the amount of carbon stored in 12 acres of forest. 2015 Actively Green Program Workshops were introduced during the year in partnership with Walking Mountains to promote the Actively Green 2015 Sustainable Business Training in preparation for the 1/7/2014 2015 World Alpine Ski Championships. The goal is to certify 100 businesses in the valley. To date, over 50 businesses have participated. Food Service Inspections Food service inspections were transitioned from the Town of Vail to Eagle County during the year to comply with state requirements. The town had been providing the inspections for more than 25 years with partial reimbursement by the Colorado Department of Public Health and Environment. Throughout the transition, the 100-plus restaurant establishments in Vail were serviced without interruption. West Vail Community Garden The West Vail Community Garden, located on town-owned land at the western end of Stephens Park, continued to flourish with several workshops, family days and great crops. The waiting list for a plot has grown to 25. PUBLIC SAFETY Fire Calls Firefighters responded to 1,953 calls for service with 21 structure fires in 2013, including a fire in the Intermountain area that caused an estimated $160,000 in damage. Vail Fire and Emergency Services also provided mutual aid 21 times to multiple agencies, including the U.S. Forest Service, BLM, U.S. Park Service and other emergency agencies within and outside of Eagle County. Other significant responses during the year included multiple vehicle/truck fires on Interstate 70 that produced an estimated $147,000 in damage. The department responded on 819 medical related calls and over 173 incidents on Vail pass. Year-Round Wildfire Mitigation Planning The Fire Department received authorization for a full-time Wildfire Mitigation Program Manager during the 2014 budget hearings, which took place during the fall. The job duties of the full-time program manager include coordination, planning, grant writing and oversight of the Wildfire Mitigation Program. The full-time emphasis, effective Jan. 1, 2014, follows seven seasons in which a summer crew has assisted the department with tree cutting, chipping, free property assessments, pile burning and fire suppression efforts. While the summer crew will return in 2014 and the foreseeable future, the year- round coordinator will assist with education and prevention efforts including the rollout of a state-of-the-art wildfire risk evaluation map. The map, which was an action item contained in a white paper prepared earlier by Fire Chief Mark Miller, represents a property-by-property inventory of 2,901 properties in Vail and ranks them in the wildfire risk categories of high, medium and low. Public education efforts during the year also included sponsorship of a “Ready, Set, Go!” wildfire preparedness workshop in June. Plans were also being made for upcoming action items to include reviews of various town codes to remove any barriers that would conflict with the town’s wildfire prevention emphasis on public and private property. Fire Danger With a “high” to “very high” fire danger forecast for the Fourth of July holiday, fire officials throughout Eagle County joined together to urge those enjoying the outdoors to exercise caution. Fortunately, no major incidents were reported during the holiday. Throughout the summer, crews responded to numerous reports of smoke that turned out to be 1/7/2014 unattended or improperly extinguished campfires as well as several small wildfires within Eagle County. Police Calls Police responded to over 35,442 calls for service, wrote about 1,750 incidents reports and close to 430 traffic accident reports during this year. Officers arrested or summonsed nearly 682 people and 493 people were issued citations for traffic and code violations. Detectives investigated approximately 2,262 serious and lesser crimes and traffic incidents. There were 19 injuries and $96,938 in non-vehicle property damage caused in traffic accidents in Vail during the year. Two Rivers Drug Enforcement Team The Two Rivers Drug Enforcement Team (TRIDENT) made 78 felony arrests and 96 total arrests related to various drug and drug trafficking charges spanning from Vail to Garfield County during the year. The Vail Police Department is a participant in the drug enforcement team. Undercover Sting Operation A 58-year-old woman from Manitou Springs was arrested and found guilty of solicitation of prostitution following an undercover sting operation conducted by the Vail Police Department’s Special Enforcement Team. The woman was arrested in December at a Vail lodge when the undercover agent responded to an ad that appeared to be indirectly soliciting prostitution services. Bus-Pedestrian Accident A 6-year-old boy was seriously injured in a bus-pedestrian accident in August on East Meadow Drive. The boy, who resides in Illinois, is recovering from his injuries. No charges were filed following an investigation by the police department and the Colorado State Patrol. National Drug Take Back Events Vail Police participated in National Prescription Drug Take Back Day during two collection events in the spring and fall. Sponsored by the Drug Enforcement Administration, the local event is coordinated by the Safe Disposal Program, which is a partnership involving the Vail Police Department, Eagle County Sheriff’s Office, Eagle River Water & Sanitation District and Vail Valley Medical Center. Emergency Shelters Activated For the first time in several years, emergency shelters were activated at the Vail Municipal Building and the Vail Chapel when a spring storm pounded the mountains in mid-April. The shelters, staffed by volunteers from the Salvation Army, were used to assist stranded travelers while crews worked to clear Interstate 70 over Vail Pass. The closure lasted about seven hours. Volunteers said the mobilization was an important refresher given the reprieve from previous seasons. National Night Out The Police Department joined Eagle County law enforcement agencies in hosting a National Night Out gathering in August. Vail’s event was held at the Timber Ridge Village Apartments in which officers and police volunteers answered questions and distributed information as residents stopped by for a free barbeque. 1/7/2014 Bear Activity Following a high number of bear calls in 2012, police fielded only five calls regarding bear activity during 2013, a decrease of 96 percent compared to the 123 calls in 2012. The suspected reason for the decrease in bear calls was an improvement in the natural food supply and an increase of enforcement actions of the Wildlife Protection Ordinance. There were 325 enforcement actions in 2013, compared with 197 in 2012.   Tread Safe Campaign The Vail and Avon Police Departments and the Colorado State Patrol collaborated on the Tread Safe Campaign for the fourth year. The agencies partnered with local tire distributors to offer coupons for discounts off the cost of new tires as part of an overall awareness campaign that included free tire tread checks. ART & CULTURE Sixth Annual Triumph Winterfest & Logan Ice Theater Art in Public Places presented its Sixth Annual Triumph Winterfest installation during the 2012-13 winter season, which featured 19 lantern inspired ice sculptures created by Paul Wertin. Securing a matching donation from Kent and Vicki Logan, the 10 foot tall Logan Ice Theater located on the Gore Creek Promenade was also installed. The ice theater projected a Vail specific Warren Miller film and video footage celebrating Vail’s 50th anniversary. Seventh Annual Triumph Winterfest & Logan Luminescence For the 2013 holiday, AIPP has worked with the Commission on Special Events and Highline to open “Logan Luminescence” as a part of The Seventh Annual Triumph Winterfest during the Vail Tree lighting. The installation includes 70 illuminated cylindrical ice lanterns throughout Slifer Square by award winning ice and snow sculptor Thomas Barlow. In addition to Logan Luminescence, AIPP launched Vail’s Paper Lantern Project. Free lantern making workshops with local artist and author Helen Hiebert were led at the Vail Public Library in anticipation of Vail’s tree lighting.   Art Installations A temporary sculpture, “Rider 01” by John Wenner, was installed by Art in Public Places in July at the intersection of East Meadow Drive and Willow Bridge Road to celebrate summertime sports and recreation through the visual arts. The sculpture, which presented a figurative and literal connection between a cyclist and a bike in motion, was a focal point during the USA Pro Challenge in August. AIPP also commissioned four paintings by local artists to enhance Vail’s Skatepark. Three utility boxes were repainted to showcase local wildflowers by artist Jan Burch. AIPP also collaborated with the Vail Public Library on a rotating art program for quarterly art placement by local artists over the library’s fireplace mantel. Working again with Ben Roth, the artist of the award winning environmental installation “The Singing Trees,” two functional works were installed in the Lionshead Welcome Center by the artist including a fireplace screen depicting four skier tracks and a representational coat rack tree. Roth also installed a life-sized elk created from wire mesh above the fireplace mantel. Evenings of Engagement @ your library Library programming for adults and families continued during the year with author visits, lectures, book discussions and musical offerings. Attendance at library-sponsored events totaled 1,264, plus an additional 100 participants who took part in the lantern- 1/7/2014 making workshops sponsored by Art in Public Places and the library. Attendance at non- library sponsored events for adults was 1,486. Use of the library’s community room increased by 52 percent in 2013 from the previous year. The annual Summer Reading Program for children had 473 attendees in 2013 during the program’s sixth year. Some of the library’s highlights in 2013 included: “A Celebration of Mountaineering” held in March in honor of Dick Pownall, one of the original 1963 team of "Americans on Everest" and to introduce the library’s new Mountaineering Collection; A Month of “Pride ‘n Prejudice” held in November in celebration of the bicentennial of the publication of this beloved classic when the library hosted three separate events; and musical entertainment provided by Celtic guitarist Jerry Barlow and the melodious sounds of Acoustic Eidolon performing on cello and double-neck guitjo. One Book, One Valley Reading Campaign Led by the Vail Public Library, the One Book, One Valley Reading Campaign entered its second year. The valley-wide initiative is a collaboration with other local organizations (Eagle Valley Library District, Colorado Mountain College and The Bookworm of Edwards). The 2013 title selected was “Into the Beautiful North” by Luis Alberto Urrea. A variety of related programs and events took place throughout the winter and early spring at various locations throughout Eagle Valley. Library Partnership with Red Sandstone Elementary School A partnership with Red Sandstone Elementary School entered its second year whereby each class of students had the opportunity to visit the public library on a monthly basis for library instruction activities provided by the library’s children's team. The library staff took on this challenge to enrich its community outreach efforts in its role as a premier public library in the State of Colorado. Outreach to Minturn Senior Center A new outreach initiative was introduced this year when the Vail Public Library staff began making twice a month visits to the Minturn Senior Center. Books, movies, a small tabletop book display holder, puzzles, etc. were delivered for the seniors’ enjoyment. The staff also led several book discussions at the center. Ask Colorado (AskCO) 24/7 Online Reference Service Two of Vail’s librarians began serving as weekly “staffing librarians” for Ask Colorado. AskCO is a statewide cooperative of participating public libraries that provide an online question & answer service to patrons. The Friends of Vail Public Library The Friends of Vail Public Library made significant contributions during the year. In addition to donating $52,000 towards the building’s renovation in 2012, the Friends donated an additional $6,000 in 2013. The contributions were earmarked for new children’s room furnishings, as well as new furnishings and audiovisual/technology improvements in the community room. In addition, donations helped fund the conservation treatment and new frame for the Vintage Vail quilt. The library was supported by the efforts of 51 volunteers who contributed a total of 788.65 combined hours. The volunteer with the most hours logged more than 166 hours in 2013. GUEST/CUSTOMER SERVICE EFFICIENCIES, INNOVATION & TECHNOLOGY Wireless Communications 1/7/2014 Crown Castle International Corp. began an upgrade of the town’s infrastructure designed to accommodate increased cellular capacity and coverage and to improve the speed of wireless Internet access. As the year was coming to a close, the new macro tower site at the Public Works facility was completed and is now fully operational. A new carrier hub site was been built and is operational along with 7 of the 23 proposed distributed antennae system (DAS) micro tower sites. Additionally, the Wi-Fi system was completely rebuilt in the Village and Lionshead core areas along with upgraded bandwidth to the Internet. Wayfinding The first phases of implementation of a comprehensive wayfinding project took place during the year as new directional signs were installed along Interstate 70 in Vail to help improve decision-making at the three exits. Among the improvements is a renaming of the I-70 exit 176 to “Vail Town Center” to better distinguish the main exit from the others. The remaining exits were renamed “West Vail” and “East Vail.” Another improvement was the addition of “Gerald R. Ford Park” to an interstate sign identifying the Colorado Ski Museum as an attraction. Other updates to the wayfinding system included installation of new and replacement signs along the frontage roads and in the parking garages. A later phase will include updates to the pedestrian signs as a component of the town’s guest service enhancement initiative. Welcome Center Operator Vail Info Inc. was selected by the Town Council to continue operation of the town-owned Welcome Centers following an RFP process that fielded six responses. Vail Info Inc. had previously been selected to run the two centers in 2005. GIS Interactive Map In the fall, the Town of Vail launched a new online GIS interactive mapping system which is available to the public online at maps.vailgov.com. The system provides access to detailed property information and will be combined with future development review software that will further improve the department’s data storage and customer service efficiency. Grand View Website A new website was developed to help promote bookings of The Grand View community space on the third level of the Lionshead Welcome Center. The website at www.grandviewvail.com provides information on rental fees, capacity and booking information. Finance System Software Replacement of the town’s 15-year-old finance and human resources systems began in summer 2012 and continued throughout 2013. New sales tax software was the first to go live in December 2012. 2013 saw implementation of general ledger, accounts receivable, accounts payable and payroll. Along with the new payroll system is a new timekeeping system used by all employees to record time and attendance and track project costs electronically. A new purchasing card system, electronic payments and new on-line employment applications are still to come in 2014. Vail Public Library Website As part of the Vail Public Library’s continual efforts to ensure the library’s relevance in a changing world, significant improvements and upgrades were made to the 1/7/2014 www.vaillibrary.com website. A multitude of online resources are available, such as databases in a wide variety of subject areas, access to eBooks and eAudiobooks, an online calendar of events, online reservation capability for the community room, online catalog for holdings in Vail and other libraries throughout the state and scrolling book jackets that alert patrons to what’s new in fiction, non-fiction and on dvd @ your library. APPOINTMENTS, AWARDS, CELEBRATIONS & RECOGNITION Zemler Recognition In July, Town Manager Stan Zemler was recognized by the Town Council for his 10 years of leadership. In particular, Zemler was credited for guiding the town through Vail’s massive redevelopment era as well as his strategic acumen in successfully leading the town through the recession. Miller Promotion At the end of March, Krista Miller was named director of human resources and risk management following the retirement of John “JP” Power. Krista joined the town in 1998 as human resources representative and has taken on increasing responsibilities over the past 15 years. Prior to Power’s retirement, he led an award-winning safety committee and championed the volunteer host program, among his many accomplishments. Immigrant Advisory Award The outstanding work of the Eagle County Law Enforcement Immigrant Advisory Committee in building trust between the immigrant community and law enforcement was recognized by the International Association of Chiefs of Police at its annual conference in Philadelphia. The Eagle County Law Enforcement Immigrant Advisory Committee, an initiative of Catholic Charities, was formed in 2010 and has since been credited with some remarkable achievements, including an increase in the number of crimes reported by immigrant community members as well as an overall reduction in the percentage of immigrants victimized by crime. Programs include volunteer interpreters, coat and food drives, distribution of a frequently asked questions booklet and various outreach events. Police Chief Dwight Henninger, who serves as the committee’s co-chair, was present during the chief’s conference in October to accept two awards on behalf of the community for the advisory committee’s accomplishments. Bicycle Friendly Community The town improved its ranking as a Bicycle Friendly Community from a bronze designation to a silver status in 2013. The award is sponsored by the League of American Bicyclists which recognizes communities with remarkable commitments to bicycling. There are 291 bicycle friendly communities in 48 states, including 20 in Colorado. Vail’s heightened ranking is due, in part, to the town’s extensive recreation path system and mountain biking facilities as well as the community’s longstanding enthusiasm for biking. There are five award levels – diamond, platinum, gold, silver and bronze. Vail Valley Partnership Award The town was named a finalist in the Health and Wellness Leadership Award category as part of the Vail Valley Partnership’s Annual Success Awards to be presented in January 2014. The town was recognized for its promotion of health and wellness 1/7/2014 initiatives throughout the region as well as its focus on employee wellness programs within the organization. Celebration of Champions Lindsey Vonn and Mikaela Shiffrin were honored by the community in March during a Celebration of Champions event, sponsored by the Vail Valley Foundation, Vail Resorts and the Town of Vail. The World Cup skiers were honored for their past performances and were given well wishes for their future success as they prepared for a new World Cup season, the Sochi Olympics and the 2015 FIS Alpine World Ski Championships at Vail and Beaver Creek. Board and Commission Appointments Board and Commission appointments during the year included Luke Cartin, Pam Hopkins and Michael Kurz to the Planning and Environmental Commission; Tom DuBois and Brian Gillette to the Design Review Board; Jennifer Mason, Dana Patterson and Wendy St. Charles to the Art in Public Places Board; Luca Bruno, Michael Hannigan, Tom Saalfeld, Ted Steers and Amanda Zinn to the Vail Local Licensing Authority; Craig Cohn to the Vail Housing Authority; Amy Cassidy, Dave Chapin, Barry Davis and Sonny Kerstiens to the Vail Commission on Special Events; Michael Holton, Davy Ratchford, Beth Slifer and Mia Vlaar to the Vail Local Marketing District Advisory Council; and Kathy Langenwalter as well as alternates Mark Hollenbeck and Mark Donaldson, to the Building and Fire Code Appeals Board. Chief Henninger Featured in Mayors Against Illegal Guns Campaign During the spring, Vail Police Chief Dwight Henninger took part in a national television campaign sponsored by Mayors Against Illegal Guns in offering his support for background checks for all gun sales. Henninger’s testimony was personal. He was shot in 1980 by a motorcycle gang member while working as a police officer in Garden Grove, Calif. Henninger suffered a gunshot wound to his right arm and nerve damage. The man who shot him was convicted of killing another police officer and wounding two officers, including Henninger. To date, the background check campaign has been unsuccessful in convincing Congress to require the checks. Vail, Other Police Departments Represented in National Winter Holiday Kick Off In December, Chief Henninger represented Vail and other police departments from across the country when he traveled to Washington, D.C., to take part in the kick-off of a national winter holiday crackdown on drunk and drugged drivers. Henninger, in his role as vice president of the International Association of Chiefs of Police, joined U.S. Transportation Secretary Anthony Foxx and other officials during a national media briefing. IN MEMORY Honoring Police Officer Brad Baldwin The Vail community mourned the loss of Police Officer Brad Baldwin, 61, who died of a heart attack on Feb. 13. Officer Baldwin’s law enforcement career spanned nearly three decades, including more than 25 years in Vail. Funds were collected to provide a scholarship to Colorado Mountain College’s police academy in Officer Baldwin’s memory. In addition, town employees organized a walking wellness challenge resulting in a $1,000 donation towards an automated external defibrillator (AED) in Officer Baldwin’s memory. 1/7/2014 # # # 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: A presentation of Vail's renewed status as a Bicycle Friendly Community as designated by the League of American Bicyclists. PRESENTER(S): Gregg Barrie BACKGROUND: In October, the Town of Vail’s designation as a Bicycle Friendly Community was renewed for an additional four years, with town being promoted from bronze status to silver. The award recognizes Vail’s “remarkable commitment to bicycling” according to Bill Nesper, vice president of the League of American Bicyclists. There are 291 BFCs in 48 states across America, including 20 in Colorado.The League of American Bicyclists promotes bicycling for fun, fitness and transportation, and works through advocacy and education for a bicycle-friendly America. The League represents the interests of America's 57 million bicyclists, including its 300,000 members and affiliates. 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: The purpose of this memorandum and Council discussion is to present a framework for developing a Gore Creek Water Quality Strategic Action Plan. Discussion items include defining 1) the Purpose Statement, Goals and Objectives, 2) Methodology and 3) Action Steps for developing and moving forward with a Gore Creek Water Quality Strategic Action Plan. PRESENTER(S): Kristen Bertuglia, Gregg Barrie ACTION REQUESTED OF COUNCIL: Staff is requesting the Town Council provide input and recommendations on the information presented. BACKGROUND: As of December 6, 2011 the Colorado Department of Public Health and Environment, Water Quality Control Commission, added the portion of Gore Creek from Black Gore Creek to the Eagle River (Dowd Junction) to Colorado’s Section 303(d) list of impaired waters for aquatic life use (provisional). To address the 303(d) listing, and to improve water quality, the Eagle County Urban Runoff Group (URG) funded a model document (The Gore Creek Water Quality Improvement Plan) that focuses on identifying causes of impairment and offering recommendations for improvements, first in Gore Creek, and eventually for the Eagle and Colorado Rivers. Using the recommendations from the Gore Creek Water Quality Improvement Plan, the Town's next step will be to create a Strategic Action Plan to improve the health of Gore Creek. Today's discussion is designed to achieve the following: 1) Adopt the Purpose Statement, Goals and Objectives, 2) Discuss Action Planning Methodology 3) Affirm next steps for creation of the Gore Creek Water Quality Improvement Strategic Action Plan STAFF RECOMMENDATION: Staff recommends the Vail Town Council support the purpose, goals and objectives as presented, and direct staff to continue with development of the Gore Creek Water Quality Improvement Strategic Action Plan. ATTACHMENTS: Gore Creek Water Quality Strategic Action Plan Memo Presentation - Gore Creek Strategic Action Plan 1/7/2014 To: Vail Town Council From: Departments of Community Development and Public Works Date: January 7, 2013 Subject: Gore Creek Water Quality Strategic Action Plan I. PURPOSE The purpose of this memorandum and Council discussion is the present a framework for developing a Gore Creek Water Quality Strategic Action Plan. Discussion items include defining 1) the Purpose Statement, Goals and Objectives, 2) Methodology and 3) Action Steps. II. BACKGROUND In many ways Gore Creek appears as a healthy mountain stream, impervious to the effects of more than fifty years of sustained development. It still meanders through 100- year old spruce trees and mountain willows. It still cascades over gravel beds and around boulders. And it’s still the backdrop for thousands of photographs every year, the epitome of a Colorado mountain stream. Its aesthetic value, recreational uses and role as the town’s drinking water supply make it an asset for every resident and guest. However, as of December 2011 the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Commission, added the portion of Gore Creek from Black Gore Creek to the Eagle River (Dowd Junction) to Colorado’s Section 303(d) list of impaired waters for aquatic life use (provisional). The term “provisional” means that the specific cause of impairment is not known. The listing for aquatic life use is based on the Multi-metric Index (MMI), a new methodology for determining the health of a river using aquatic macro-invertebrate (bugs) population characteristics. Failing bug scores are indicative of stressors affecting the long-term health of Gore Creek, where poor aquatic life may be a precursor to the decline of populations such as trout that depend on them. To address the 303(d) listing, and to improve water quality, the Eagle County Urban Runoff Group (URG) funded a model study that focuses on identifying causes of impairment and offering recommendations for improvements, first in Gore Creek, and eventually for the Eagle and Colorado Rivers. The Gore Creek Water Quality Improvement Plan (WQIP), completed by Leonard Rice Engineers, may be downloaded at https://vail.sharefile.com/d/sd773b7f738745c28 1/7/2014 Town of Vail Page 2 As a steward, owner and manager of public lands, roadways and facilities, operator of a public transportation system and storm sewer system, the Town of Vail recognizes that, as an organization, we can have a significant impact on the health of Gore Creek. When Gore Creek was added to the 303(d) list, the Town of Vail began to implement actions aimed to improve water quality, even before the WQIP was completed. A complete list is provided in Appendix A, and the actions include: • Public Education Campaign (Summer 2012-13) • Public Stream Tract Enforcement (2010-Ongoing) • Water Quality and Stormwater Projects (2012-Ongoing) • Modifications to Town of Vail pesticide applications for Pest and Weed Management (Summer 2012) • Current Regulations that support water quality However, significant and more numerous actions will be required to have an impact on Gore Creek’s water quality. Determining how those actions are evaluated and prioritized is the purpose for developing a Strategic Action Plan. III. CAUSES OF DECLINE For the purposes of this discussion, please review Appendix B, which outlines the Purpose, Key Findings and Recommendations of the WQIP. This same information was provided during the September 3, 2013 Council W ork Session. The WQIP Key Findings suggest that there are three categories of causes for the decline in water quality in Gore Creek. (Appendix C describes their significance) 1) Riparian Buffer/Habitat Degradation 2) Impacts of Impervious Cover and Urban Runoff 3) Pollutants Associated with Land Use Activities and Urban Runoff Therefore, the actions taken to improve water quality should address these three causes, and they should be a key component in a Strategic Action Plan. IV. DEFINING THE PURPOSE STATEMENT, GOALS and OBJECTIVES It is important that the Purpose, Goals and Objectives for the Action Plan fall within the context of the Town’s Vision and Mission as well as other previously adopted plans: Our Vision To be the premier mountain resort community Our Mission We will provide the citizens of Vail and our guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities. 1/7/2014 Town of Vail Page 3 In addition, the Town of Vail is committed to sustainability and environmental quality, evidenced by the Environmental Sustainability Strategic Plan, adopted in 2009: Environmental Sustainability Strategic Plan Policy Statement “The Town of Vail shall serve as a nationally recognized leader in sustainability through a commitment to community partnerships, and balanced stewardship of human, financial and environmental resources in policy and daily operations” Environmental Sustainability Strategic Plan Goal #3 – Ensure that the natural environment, specifically air and water quality"and habitat are maintained to current or improved levels of biological health. In order to complete a Strategic Action Plan that is specific to Gore Creek and its 303(d) listing, a draft Purpose Statement, Goals and Objectives follow: Purpose Statement To ensure that Gore Creek is an outstanding example of environmental quality, recreation and wildlife habitat in a world-class resort community. The Town of Vail is committed to restoring the quality of the water in Gore Creek to ensure it is removed, and is never again listed, on the Colorado Department of Public Health and Environment's list of "impaired" streams. Goals 1. Restore the aquatic insect population to exceed the minimum standard set by CDPHE according to the MMI score within the allotted 10-year time frame. 2. Ensure Gore Creek water chemistry meets or exceeds regulatory standards 3. Ensure sediment loads meet or exceed regulatory standards Objectives 1. Improve riparian buffer and stream habitat 2. Reduce impacts of impervious cover 3. Reduce pollutants associated with land use activities Does the Vail Town Council agree with the Purpose Statement, Goal and Objectives as written? If not, what changes should be made? V. DEVELOPING AN ACTION PLAN - METHODOLOGY Staff has defined the following terms to be used in the Strategic Action Plan, based on the Key Findings and Recommendations of the WQIP: • Cause – one of the three main reasons for water quality decline in Gore Creek as listed in Section III. • Strategy – one of five general approaches to be used for addressing the Causes • Action – specific measures under each Strategy to be considered for implementation 1/7/2014 Town of Vail Page 4 Figure 1 (below) references the three main Causes and sub-causes of impairment with the Strategies needed to address them based on the WQIP’s recommendations. (Actions are discussed in the next section): Causes of Impairment Strategies for Improvements Regulatory Measures Education/ Outreach Site Specific Projects Best Management Practices Monitoring/ Study A Riparian Buffer/Habitat Degradation 1 Loss of riparian habitat and buffer zones X X X X 2 Landscaping extends to the stream in many locations X 3 Buildings, roads and other improvements in the riparian zone X X 4 Eroding stream banks due to loss of natural soil binding vegetation X X X 5 Natural stream banks replaced by riprap walls and slopes X X X 6 Stream channelization X B Impacts of Impervious Cover and Urban Runoff 1 Street and parking area drainage piped directly to stream X X X 2 Roof drains and subterranean dewatering discharges X X X C Pollutants Associated with Land Use Activities and Urban Runoff 1 Frequent construction disturbance X X X X 2 Sediment and traction material X X 3 De-icers and road salts X X 4 Insecticide, herbicide and other chemical use X X X X 5 Lawn and garden fertilizer X X X X 6 Lawn irrigation return flows X X X 7 Trace Metals X X 8 Petroleum products X X X 9 Illegal dumping X X X Staff, with direction from the Town Council, will use this chart to ensure that the Causes of decline are addressed by using the recommended Strategies. Figure 1 - Key Findings and Strategies 1/7/2014 Town of Vail Page 5 VI. DEVELOPING AN ACTION PLAN – IMPLEMENTATION STEPS Based on the five Strategies (regulatory measures, education/outreach, site specific projects, best management practices and monitoring/studies) there are numerous Actions to be discussed and evaluated as part of preparing and adopting the Gore Creek Water Quality Strategic Action Plan. The actual implementation of the plan will be a lengthy, multiple-step process and many of the Actions will require further discussion, study and/or additional funding to move forward. At this time, the task is to develop a list of Actions, prioritize them and begin evaluation and implementation as appropriate. This includes determining specific tasks, schedules, assigned responsibilities and resources required to carry out the Plan. Staff is recommending the following stepped approach and asks the Council to provide input and direction on the process being proposed. The following Actions will make up the key components of the Gore Creek Water Quality Strategic Action Plan. Please note that the intent of this list is to present a framework for further discussions and evaluations, and to illustrate the numerous actions available. A. Ongoing Work As noted previously, some actions were started immediately when Gore Creek was added to the 303(d) list. A complete list is provided in Appendix A. Many of these actions are ongoing and fall under the Action Items listed below. B. Level 1 Action Items Level 1 Action Items are those that should be discussed, evaluated and potentially implemented over the course of the next six months. They are listed first because they could have a significant positive impact to Gore Creek water quality and could be relatively simple to implement. 1) Regulatory Measures a. Evaluate the merits of an Ordinance requiring registration for landscape and spraying contractors to augment a comprehensive education campaign 2) Education/Outreach a. Continue to develop a professional education campaign that targets property owners, valley residents, construction contractors, landscape/ spraying contractors, lodging managers, property managers, guests and others to raise awareness of the issues and impacts associated with Gore Creek water quality. 3) Site Specific Projects a. Stormwater quality facility improvement components incorporated with ongoing projects 4) Best Management Practices a. Evaluate the existing maintenance measures for public stormwater treatment vaults and other storm sewer facilities. Improve and expand the program as needed to ensure the vaults function as designed. 1/7/2014 Town of Vail Page 6 b. Evaluate current policies for stormwater runoff during and post- construction on both public and private development projects and look at updating the regulations if needed c. In collaboration with ERWSD, evaluate existing policies regarding the impacts of draining swimming pools, hot tubs and water features into the creek or public storm water system 5) Monitoring/Studies a. Initiate a full study of the Town of Vail storm drain system that provides mapping and drainage studies and identifies high priority run-off areas. Use the study to evaluate the system and develop a capital improvement and maintenance plan aimed at reducing sediment and pollution entering Gore Creek. The WQIP provides a list of potential projects. b. Evaluate the current water sampling program, in cooperation with other stakeholders, and update as needed. Ensure that sampling evaluates runoff during spring melting and storm events and tests for specific pesticides, fertilizers, petroleum products, trace metals, de-icers and salts in tracking the effectiveness of the Actions being implemented C. Level 2 Action Items Level 2 Items are those that should be discussed, evaluated and potentially implemented over the course of the next three to twelve months. 1) Regulatory Measures a. Evaluate the merits of an Ordinance requiring regular maintenance of all stormwater treatment vaults to ensure they function as designed b. Evaluate the adoption of low-impact design (LID) and green building stormwater infrastructure design requirements 2) Education/Outreach a. Continue to develop a professional education campaign that targets property owners, valley residents, construction contractors, landscape/ spraying contractors, lodging managers, property managers, guests and others to raise awareness of the issues and impacts associated with Gore Creek water quality. 3) Site Specific Projects a. Stabilization of eroded stream bank behind library b. Continue with stormwater quality facility improvement components incorporated with ongoing projects c. Evaluate the merits of installing a fence to delineate the public stream tract in some areas of town 4) Best Management Practices a. Evaluate and revise the existing Integrated Pest Management Plan to include tree and lawn pests. The existing plan focuses on noxious weed management b. Evaluate current revegetation practices and policies in relation to all construction projects and the Town’s development guidelines 1/7/2014 Town of Vail Page 7 5) Monitoring/Studies a. Continue to evaluate the current water sampling program, in coordination with other stakeholders, and update as needed. Ensure that sampling evaluates runoff during spring melting and storm events and tests for specific pesticides, fertilizers, petroleum products, trace metals, de-icers and salts in tracking the effectiveness of the Actions being implemented D. Level 3 Action Items Level 3 Items are those that should be discussed, evaluated and potentially implemented over the course of the next six to eighteen months. 1) Regulatory Measures a. Evaluate the merits of an Ordinance assessing penalties for removal of riparian vegetation b. Evaluate the merits of Design Guidelines that increase landscaping and stormwater treatment requirements for parking areas c. Discuss the use of “aggressive enforcement” of existing State and local regulations to discourage illegal discharges and dumping as recommended by the WQIP. d. Evaluate the impacts of “no-mow” buffers along Gore Creek on both public and private property e. Evaluate the impacts of increasing the stream setback for development from the current 50’ from centerline to 50’ from top of bank. 2) Education/Outreach a. Continue to develop a professional education campaign that targets property owners, valley residents, construction contractors, landscape/ spraying contractors, lodging managers, property managers, guests and others to raise awareness of the issues and impacts associated with Gore Creek water quality. 3) Site Specific Projects a. Stormwater runoff water quality facility improvement components incorporated with ongoing projects b. Develop a Gore Creek Recreation Access Plan that evaluates current access points for boaters, fishermen and other recreational uses and develops a capital improvement and maintenance plan for existing and/or future access points. c. Develop a capital improvement and maintenance plan for stream bank stabilization areas that evaluates existing stabilization work and outlines needs for future stabilization projects. An evaluation was previously completed after the 2010 spring flooding event. 4) Best Management Practices a. Compile and publish recommended Best Management Practices for sediment control, pesticide application, recommended revegetation practices and other BMPs. b. Evaluate current road de-icers, traction materials and street sweeping policies to determine if less impactful practices and policies are available 1/7/2014 Town of Vail Page 8 c. Continue ongoing evaluation and alteration of pesticide use and application methods 5) Monitoring/Studies a. Continue to evaluate the current water sampling program, in coordination with other stakeholders, and update as needed. Ensure that sampling evaluates runoff during spring melting and storm events and tests for specific pesticides, fertilizers, petroleum products, trace metals, de-icers and salts in tracking the effectiveness of the Actions being implemented Does the Vail Town Council support the framework of Actions for the Gore Creek Water Quality Strategic Action Plan? VII. NEXT STEPS With a goal of developing and adopting the Gore Creek Water Quality Strategic Action Plan, staff will prepare for presentations and discussions at upcoming council meetings on the Actions listed above as well as new actions developed as the plan progresses. Staff Next Steps • Convene a Gore Creek Water Quality Improvement Action Plan Advisory Committee - January – March, 2014 • Prepare for Council discussion on merits of landscape/contractor registration – January – February, 2014 • Release RFP for Marketing/Education Campaign ($20-25K) – February, 2014 • Evaluate Best Management Practices – March, 2014 Council Next Steps • Presentation of Advisory Committee recommendations – March, 2014 • Adopt Strategic Action Plan – April, 2014 VIII. ACTION REQUESTED Staff is requesting the Town Council provide input and recommendations on the information presented. IX. STAFF RECOMMENDATION Staff recommends the Vail Town Council support the purpose, goals and objectives as presented, and direct staff to continue with development of the Gore Creek Water Quality Improvement Strategic Action Plan. X. ATTACHMENTS Appendix A: Ongoing Water Quality Actions Appendix B: WQIP Purpose, Findings and Recommendations Appendix C: Explanation of the Significance of WQIP Key Findings 1/7/2014 Town of Vail Page 9 APPENDIX A Ongoing Water Quality Actions Current Town Water Quality Actions Public Stream Tract • October 6, 2009, Town Council adopted a “zero tolerance” policy for allowing illegal private encroachments on town-owned stream tract lands and instructed Staff to pursue removal of all encroachments • Homeowner education packet/mailings – summer 2012 • Gore Creek stream tract habitat - public sign campaign – summer 2013 Public Education • Newspaper ad campaign – summer 2012/2013 • Public presentations/fly casting workshops on Gore Creek – summer 2012/2013 • Youth education bug program through Camp ECOFun and the Americorps - Environmental Stewardship Program – summer 2013 • Beaver/ecosystem health workshop – spring 2013 Public Works Projects • Water Quality vault installation on South Frontage Rd. in partnership with CDOT – scheduled for the spring of 2014 • Water Quality vault installation on the East Lionshead Circle Streetscape Improvements in the Fall of 2012. • Water quality improvements in both phase 1 and phase 1B of Ford Park improvements including both water quality vaults and wetlands as green infrastructure. • RAMP funds application for East Vail interchange area water quality improvements. This application is for $1.14 million total funds ($700,000 RAMP, $440,000 Town of Vail) and may include detention ponds, water quality vaults, or other improvements. This application did not get awarded however we will continue to work with CDOT to find appropriate funding. • Participation in the Urban Runoff Group (URG) process and contribution to the Gore Creek Water Quality Improvement Plan • Stormwater infrastructure – ongoing maintenance of outfalls and the Town’s existing 20+ water quality vaults, 1000+ street drainage inlets, and street sweeping along the Town’s 30+ miles of roadways. Pest and Weed Management • The Town of Vail Department of Public Works operates two Pest Management Programs. The Weed Management Program targets invasive plant species, also termed “noxious weeds,” (required to be mitigated by law), and the Tree Pest Program, targets insects, such as Mountain Pine Beetle, that are having a negative impact on Town-owned trees. 1/7/2014 Town of Vail Page 10 • Significant changes have been made in the Town’s application of insecticides over the past two years in response to water quality concerns, including the elimination of foliar spraying within 75’ of Gore Creek and its tributaries, and the use of pheromone packs as a substitute to spraying for mountain pine beetle. Likewise, the Town has been able to reduce the use of herbicides to approximately 10% of when the Weed Management Program began in 2007. • Pesticides and herbicides in TOV programs are always applied according to the product label, and “the label is the law”. • The Environmental Protection Agency (EPA) has been testing water samples from Gore Creek since April of 2013 for the presence of literally hundreds of compounds from caffeine to 2,4-D. After reviewing some test results, staff has requested that additional products used in TOV pest management programs be added to the list. Recent tests show no elevated quantities of any pesticide in Gore Creek. On-going sampling will be coordinated with storm events and pesticide application times. Current Regulations • An erosion control plan using best management practices is required of all site disturbance • Development is not permitted in wetlands or in the flood plain without Army Corps of Engineers approval, and buildings are to be set back from the center line of Gore Creek by 50 feet • Stormwater permit is required for all disturbances of more than 0.5 acres • No development is permitted on Town stream tract without approval 1/7/2014 Town of Vail Page 11 APPENDIX B WQIP Purpose, Findings and Recommendations WQIP Purpose The Water Quality Improvement Plan (WQIP) was developed in order to guide the planning and implementation of measures to improve stream health as indicated by macroinvertebrate (bug) community metrics. The geographic scope of the WQIP includes Gore Creek from the area near the confluence of Black Gore Creek to the mouth of Gore Creek, with emphasis on development of water quality improvement measures for stream reaches through East Vail and Vail Village above Red Sandstone Creek. The Plan identifies measures and strategies to reduce point and nonpoint source pollution including, but not limited to, the following: • Urban drainage Best Management Practices (BMPs) • Stormwater system BMPs • Stream habitat and riparian area improvement and protection measures • Community educational programs and voluntary measures • Regulatory reform to encourage sustainable land use practices • Regulatory reform to establish use restrictions regarding pesticides, herbicides and landscape maintenance practices WQIP Key Findings The extensive WQIP study did not find only one or two sources of pollutants which could be targeted and addressed to provide improvements to Gore Creek Water Quality. Using a combination of field observations, data compilation and analyses, and evidence from previous studies, Leonard Rice Engineers determined that the biological impairment of Gore Creek is caused by the individual and cumulative impacts of multiple stressors in the following categories: 1) Riparian Buffer/Habitat Degradation • Loss of riparian habitat and buffer zones • Landscaping extends to the stream in many locations • Buildings, roads and other improvements within riparian zone • Eroding stream banks due to loss of natural soil binding vegetation • Natural stream banks replaced by riprap walls and slopes • Stream channelization 2) Impacts of Impervious Cover and Urban Runoff • I-70, street and parking area drainage piped directly to stream • Roof drains and subterranean dewatering discharges 3) Pollutants Associated with Land Use Activities and Urban Runoff • Frequent construction disturbance • Sediment and traction materials • Pesticide, herbicide and other chemical use (weed control - lawns and gardens, and pest control – pine beetle) 1/7/2014 Town of Vail Page 12 • Lawn and garden fertilizer • Lawn irrigation return flows (fertilizer and herbicides) • De-icers and road salts • Trace metals • Petroleum products • Illegal dumping WQIP Recommendations 1) Regulatory measures a. Adopt a formal Integrated Pest Management Policy b. Restrict or ban the use of pesticides with known toxicity to aquatic life in areas close to Gore Creek c. Establish no-mow zones d. Establish no-spray zones i. Develop voluntary or incentive programs to achieve compliance e. Increase stream setback f. Adopt low impact design (LID) and green building stormwater infrastructure design standards g. Establish more stringent stormwater permitting requirements for development near stream h. Ensure aggressive enforcement of existing State and local regulations to discourage illegal discharges/dumping 2) Education and outreach a. Inform local agency staff, contractors, developers, property owners of construction and home best management practices, riparian area importance, maintenance requirements b. Inform pesticide applicators of existing policies/recommendations and requirements for applications near Gore Creek 3) Site specific projects a. Capital stormwater runoff water quality projects identified in Attachment A, Table 6.5 b. Riparian area/stream tract and bank restoration identified in Attachment B, Table 6.3 i. Town-owned property ii. Privately owned property 4) Monitoring programs and future studies a. Continued stormwater monitoring to provide baseline data for infrastructure improvements and progress b. Continued shared monitoring and cooperation with the many various stakeholders c. Conduct survey of stormwater infrastructure and drainage networks 1/7/2014 Town of Vail Page 13 APPENDIX C Explanation of the Significance of WQIP Key Findings Riparian Zone Degradation A healthy riparian zone should include diverse plant communities with grasses, shrubs, understory of trees and mature trees that are native to the site or introduced species that function similarly to native species. A healthy riparian zone is enhanced by the width, complexity and diversity of woody vegetation and is one of the most important components of a healthy stream ecosystem as it provides the following critical functions: • Filtration/uptake of pollutants that would otherwise reach the stream in surface runoff • Controls and reduces erosion and sedimentation • Provides shading and cover that creates a microenvironment that is cooler during the summer thus reducing water temperatures for aquatic life (insects, birds, etc.) • Provides large woody debris that enhances habitat by forming in-stream cover and pools, and stabilizes the streambed • Provides bank stability and allows formation of undercut banks that enhance fish habitat • Provides food chain support by contributing leaf litter and habitat for insects • Provides habitat and cover for terrestrial animals • Provides energy dissipation during flood events Impervious Surfaces and Runoff Impervious cover refers to the imprint of land development (roadways, buildings, parking lots, sidewalks, etc.) on the landscape and can be a useful indicator for measuring the impacts of land development on stream systems and aquatic life. Generally, watersheds with development close to streams have poorer water quality and insect communities than streams with intact riparian corridors. The high percentage of impervious surfaces near Gore Creek combined with degraded riparian areas, lack of stormwater treatment facilities and regulation, results in a large amount of non-point source pollution, or general surface runoff, carrying contaminants directly to Gore Creek more quickly and without filtration. Pollutants Associated with Urban Runoff and Land-Use Activities Pollutants enter stormwater runoff from a range of sources in the urban landscape. Those pollutants that threaten Gore Creek originate from the following sources: • Runoff from Interstate highway and roads: vehicle traffic, oil, road sand/sediment, magnesium chloride and deicers, and snowmelt that accumulates next to roads and then runs off in the stream carrying contaminants • Runoff from residential, commercial and light industrial development: vehicle servicing, chemical storage, lawn care products, fertilizers, pesticides, dog waste, large events that increase human presence, illegal waste dumping, golf course operations, road maintenance and wastewater treatment facility discharge 1/7/2014 Town of Vail Page 14 • Runoff from Forest Service lands/recreational lands/parks and open space: Mountain Pine Beetle tree kill, sediment loading from dirt roads, drainages, snowmelt and rain events, increased recreational use, damage to trails, human/animal waste, pesticides, fertilizers and post-fire impacts, pathogens, bacteria, chemical use and storage. The pollutants of highest concern to Gore Creek, according to the Water Quality Improvement Plan are: • Pesticides/Insecticides – particularly those used to treat mountain pine beetle and pine needle scale, as well as lawn care practices such as “weed and feed” products. • Hydrocarbons - oil, grease, gasoline and other pollutants associated with vehicle use • Metals - cadmium, copper, cobalt, iron, nickel, lead and zinc attributed to vehicle exhaust, brake linings and tire and engine wear, as well as deicers • Nutrients – phosphorus and nitrogen enter stormwater from fertilizers, vehicle exhaust, detergents, pet waste and the waste water treatment facility 1/7/2014 St r a t e g i c A c t i o n P l a n F r a m e w o r k D i s c u s s i o n Ja n u a r y 7 , 2 0 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 Co m m u n i t y D e v e l o p m e n t a n d P u b l i c W o r k s D e p a r t m e n t s Kr i s t e n B e r t u g l i a Su s t a i n a b i l i t y C o o r d i n a t o r Gr e g g B a r r i e Se n i o r L a n d s c a p e A r c h i t e c t Of f i c e : 1 . 9 7 0 . 4 7 9 . 2 3 3 7 Mo b i l e : 1 . 9 7 0 . 3 9 0 . 3 2 8 6 gb a r r i e @ v a i l g o v . c o m 2 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 Ba c k g r o u n d • Fe d e r a l  Cl e a n  Wa t e r  Ac t  ma n d a t e s   Co l o r a d o  Wa t e r  Qu a l i t y  St a n d a r d s • Dr i n k a b l e ,  fi s h a b l e ,  sw i m m a b l e ,   na v i g a b l e ,  ag r i c u l t u r a l • Co l o r a d o  De p a r t m e n t  of  Pu b l i c  He a l t h   an d  En v i r o n m e n t  in c l u d e d  Go r e  Cr e e k   on  th e  30 3 d  Li s t  fo r  Aq u a t i c  Li f e  (2 0 1 1 ) • Mu l t i ‐me t r i c  In d e x  (M M I ) • Pr o v i s i o n a l  (c a u s e  un k n o w n ) 3 To w n  of  Va i l    |   Co m m u n i t y  De v e l o p m e n t |    3/ 1 2 / 1 3 30 3 ( d ) L i s t i n g 1/7/2014 Wh a t i s t h e M u l t i m e t r i c I n d e x ? Aq u a t i c  Li f e  St a n d a r d ‐ Bu g s • In d i c a t o r  of  wa t e r  qu a l i t y • Se n s i t i v e  to  ch e m i c a l s ,  po l l u t a n t s • Re q u i r e  cl e a n ,  fa s t  mo v i n g  we l l  ox y g e n a t e d  wa t e r • Im p o r t a n t  fo o d  so u r c e  fo r  fi s h ,  bi r d s 4 Ca d d i s f l y Ma y f l y St o n e f l y To w n  of  Va i l    |   Co m m u n i t y  De v e l o p m e n t |    3/ 1 2 / 1 3 1/7/2014 To w n  of  Va i l 5 1/7/2014 To w n  of  Va i l 6 1/7/2014 To w n  of  Va i l 7 Go r e  Cr e e k ‐ Ea s t  Va i l 1/7/2014 Wh a t i s t h e T o w n D o i n g t o I m p r o v e C r e e k h e a l t h ? 8 • Ho m e o w n e r  Ed u c a t i o n  (2 0 1 2 ) • St r e a m  Tr a c t  Co m p l i a n c e  (2 0 1 1 ‐13 ) • Ri v e r  Wa t c h  Pr o g r a m  (2 0 0 9 ‐on g o i n g ) • Am e r i c o r p s E n v i r o n m e n t a l  St e w a r d s  Pr o g r a m  (2 0 1 2 ‐13 ) • St r e a m  Ba n k  Re s t o r a t i o n  Pr o j e c t s  (2 0 1 0 ‐on g o i n g ) • Pu b l i c  Ed u c a t i o n  Pl a n  (2 0 1 3 ) • To w n  bu d g e t  =   $1 . 5  mi l l i o n  (2 0 1 3 ‐14 ) • No  fo l i a r  sp r a y i n g  wi t h i n  75 ’  of  Go r e  Cr e e k  or  st r e a m s • Pu b l i c  Si g n  Ca m p a i g n  (2 0 1 3 ) • Go r e  Cr e e k  Wa t e r  Qu a l i t y   Im p r o v e m e n t  Pl a n  (2 0 1 2 ‐13 ) To w n  of  Va i l    |   Co m m u n i t y  De v e l o p m e n t |    3/ 1 2 / 1 3 1/7/2014 9 “T h e  Pr i m a r y  Pu r p o s e  of the Gore  Cr e e k  WQ I P  is  to  de f i n e  actions  ne e d e d   to  im p r o v e  biological health  in  Go r e  Cr e e k  to  ac h i e v e  attainment  of  aq u a t i c  li f e  us e  an d  to guide the  pl a n n i n g  an d  im p l e m e n t a t i o n  of  th o s e  ac t i o n s ” To w n  of  Va i l    |   Co m m u n i t y  De v e l o p m e n t |    3/ 1 2 / 1 3 1/7/2014 Ke y F i n d i n g s Th r e e g e n e r a l c a u s e s f o r t h e d e c l i n e i n w a t e r q u a l i t y in G o r e C r e e k : 1. D e g r a d a t i o n o f t h e R i p a r i a n B u f f e r a n d S t r e a m b a n k H a b i t a t 2. I m p a c t s o f I m p e r v i o u s C o v e r a n d U r b a n R u n o f f 3. P o l l u t a n t s A s s o c i a t e d w i t h L a n d U s e A c t i v i t i e s a n d U r b a n Ru n o f f As a g e n e r a l r u l e , t h e a c t i o n s t a k e n t o i m p r o v e w a t e r qu a l i t y s h o u l d f o c u s o n t h e s e t h r e e c a u s e s . 10 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t P l a n 1/7/2014 De f i n i n g t h e F r a m e w o r k o f a S t r a t e g i c A c t i o n P l a n To d a y … . 1)  Ad o p t  th e  Pu r p o s e  St a t e m e n t ,  Go a l s  an d  Ob j e c t i v e s ,   2)  Di s c u s s  Ac t i o n  Pl a n n i n g  Me t h o d o l o g y   3)  Af f i r m  ne x t  st e p s  fo r  cr e a t i o n  of  th e  Go r e  Cr e e k  Water  Qu a l i t y  Im p r o v e m e n t  St r a t e g i c  Ac t i o n  Pl a n   11 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 De f i n i n g P u r p o s e S t a t e m e n t Ou r V i s i o n : To  be  th e  pr e m i e r  mo u n t a i n  re s o r t  co m m u n i t y Ou r M i s s i o n : We  wi l l  pr o v i d e  th e  ci t i z e n s  of  Va i l  an d  ou r  gu e s t s   su p e r i o r  se r v i c e s ,  ou t s t a n d i n g  en v i r o n m e n t a l   st e w a r d s h i p  an d  an  ab u n d a n c e  of  re c r e a t i o n a l ,  cu l t u r a l   an d  ed u c a t i o n a l  op p o r t u n i t i e s . 12 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 En v i r o n m e n t a l S u s t a i n a b i l i t y S t r a t e g i c P l a n En v i r o n m e n t a l S u s t a i n a b i l i t y S t r a t e g i c A c t i o n P l a n ( a d o p t e d 2 0 0 9 ) Po l i c y S t a t e m e n t : “T h e  To w n  of  Va i l  sh a l l  se r v e  as  a na t i o n a l l y  re c o g n i z e d  le a d e r  in   su s t a i n a b i l i t y  th r o u g h  a co m m i t m e n t  to  co m m u n i t y  pa r t n e r s h i p s ,  and  ba l a n c e d  st e w a r d s h i p  of  hu m a n ,  fi n a n c i a l  an d  en v i r o n m e n t a l  re s o u r c e s  in  po l i c y  an d  da i l y  op e r a t i o n s ” Go a l # 3 : En s u r e  th a t  th e  na t u r a l  en v i r o n m e n t ,  sp e c i f i c a l l y  ai r  an d  wa t e r  qu a l i t y … a n d   ha b i t a t  ar e  ma i n t a i n e d  to  cu r r e n t  or  im p r o v e d  le v e l s  of  bi o l o g i c a l  health. 13 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 De f i n i n g P u r p o s e S t a t e m e n t Go r e C r e e k S t r a t e g i c A c t i o n P l a n Pu r p o s e S t a t e m e n t ( d r a f t ) : To  en s u r e  th a t  Go r e  Cr e e k  is  an  ou t s t a n d i n g  ex a m p l e  of  en v i r o n m e n t a l  quality,  re c r e a t i o n  an d  wi l d l i f e  ha b i t a t  in  a wo r l d ‐cl a s s  re s o r t  co m m u n i t y .  The Town of  Va i l  is  co m m i t t e d  to  re s t o r i n g  th e  qu a l i t y  of  th e  wa t e r  in  Go r e  Cr e e k  to ensure  it  is  re m o v e d ,  an d  is  ne v e r  ag a i n  li s t e d ,  on  th e  Co l o r a d o  De p a r t m e n t of Public  He a l t h  an d  En v i r o n m e n t ' s  pr o v i s i o n a l  li s t  of  "i m p a i r e d "  st r e a m s .    14 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n Do e s  th e  Co u n c i l  su p p o r t  th e  pr o p o s e d  Pu r p o s e  Statement? 1/7/2014 De f i n i n g P u r p o s e S t a t e m e n t Dr a f t G o a l s : 1) R e s t o r e  th e  aq u a t i c  in s e c t  po p u l a t i o n  to  ex c e e d  th e  mi n i m u m   st a n d a r d  se t  by  CD P H E  ac c o r d i n g  to  th e  MM I  sc o r e  wi t h i n  th e   al l o t t e d  10 ‐ye a r  ti m e  fr a m e .   2) E n s u r e  Go r e  Cr e e k  wa t e r  ch e m i s t r y  me e t s  or  ex c e e d s   re g u l a t o r y  st a n d a r d s 3) E n s u r e  se d i m e n t  lo a d s  me e t  or  ex c e e d  re g u l a t o r y  st a n d a r d s 15 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n Do e s  th e  Co u n c i l   su p p o r t  th e  pr o p o s e d  Go a l s ? 1/7/2014 De f i n i n g P u r p o s e S t a t e m e n t Dr a f t O b j e c t i v e s : 1) R e s t o r e  an d  im p r o v e  ri p a r i a n  bu f f e r  an d  st r e a m  ha b i t a t 2) R e d u c e  im p a c t s  of  im p e r v i o u s  co v e r 3) R e d u c e  po l l u t a n t s  as s o c i a t e d  wi t h  la n d  us e  ac t i v i t i e s 16 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n Do e s  th e  Co u n c i l  su p p o r t  th e  pr o p o s e d  Ob j e c t i v e s ? 1/7/2014 Me t h o d o l o g y Ke y D e f i n i t i o n s Ca u s e : On e  of  th r e e  ma i n  re a s o n s  fo r  wa t e r  qu a l i t y  de c l i n e  in  Go r e  Cr e e k St r a t e g y : On e  of  fi v e  ge n e r a l  ap p r o a c h e s  to  be  us e d  fo r  ad d r e s s i n g  th e  Ca u s e s   Ac t i o n : Sp e c i f i c  me a s u r e s  un d e r  ea c h  St r a t e g y  to  be  co n s i d e r e d  fo r  im p l e m e n t a t i o n 17 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 Me t h o d o l o g y Ca u s e s 1. D e g r a d a t i o n o f t h e R i p a r i a n B u f f e r a n d S t r e a m b a n k H a b i t a t 2. I m p a c t s o f I m p e r v i o u s C o v e r a n d U r b a n R u n o f f 3. P o l l u t a n t s A s s o c i a t e d w i t h L a n d U s e A c t i v i t i e s a n d U r b a n R u n o f f St r a t e g i e s • R e g u l a t o r y M e a s u r e s • E d u c a t i o n / O u t r e a c h • S i t e S p e c i f i c P r o j e c t s • B e s t M a n a g e m e n t P r a c t i c e s • M o n i t o r i n g a n d S t u d y 18 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 Me t h o d o l o g y 19 Ca u s e s o f I m p a i r m e n t St r a t e g i e s f o r I m p r o v e m e n t s Re g u l a t o r y Me a s u r e s Ed u c a t i o n / Ou t r e a c h Si t e Sp e c i f i c Pr o j e c t s Best Management PracticesMonitoring/ Study A Ri p a r i a n B u f f e r / H a b i t a t De g r a d a t i o n 1 Lo s s o f r i p a r i a n h a b i t a t a n d bu f f e r z o n e s XX X X 2 La n d s c a p i n g e x t e n d s t o t h e st r e a m i n m a n y l o c a t i o n s X 3 Bu i l d i n g s , r o a d s a n d o t h e r im p r o v e m e n t s i n t h e r i p a r i a n zo n e XX 4 Er o d i n g s t r e a m b a n k s d u e t o lo s s o f n a t u r a l s o i l b i n d i n g ve g e t a t i o n XX X 5 Na t u r a l s t r e a m b a n k s r e p l a c e d by r i p r a p w a l l s a n d s l o p e s XX X 6 St r e a m c h a n n e l i z a t i o n X B Im p a c t s o f I m p e r v i o u s C o v e r a n d Ur b a n R u n o f f 1 St r e e t a n d p a r k i n g a r e a d r a i n a g e pi p e d d i r e c t l y t o s t r e a m XX X 2 Ro o f d r a i n s a n d s u b t e r r a n e a n de w a t e r i n g d i s c h a r g e s XX X C Po l l u t a n t s A s s o c i a t e d w i t h La n d U s e A c t i v i t i e s a n d U r b a n Ru n o f f 1 Fr e q u e n t c o n s t r u c t i o n di s t u r b a n c e XX XX 2 Se d i m e n t a n d t r a c t i o n m a t e r i a l XX 3 De - i c e r s a n d r o a d s a l t s XX 4 In s e c t i c i d e , h e r b i c i d e a n d o t h e r ch e m i c a l u s e XX XX 5 La w n a n d g a r d e n f e r t i l i z e r XX XX 6 La w n i r r i g a t i o n r e t u r n f l o w s XXX 7 Tr a c e M e t a l s XX 8 Pe t r o l e u m p r o d u c t s XXX 9 Il l e g a l d u m p i n g XX X Go r e C r e e k W a t e r Q u a l i t y Im p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 Me t h o d o l o g y Ta s k s f o r D e v e l o p i n g A n A c t i o n P l a n • C o m p i l e a l i s t o f a c t i o n s • E s t a b l i s h p r i o r i t i e s • E v a l u a t e t a s k s , s c h e d u l e s , r e s p o n s i b i l i t i e s a n d r e s o u r c e s r e q u i r e d • I m p l e m e n t a s a p p r o p r i a t e Ac t i o n S t e p s • L e v e l 1 : o v e r t h e n e x t 6 m o n t h s • L e v e l 2 : 3 t o 1 2 m o n t h s • L e v e l 3 : 6 t o 1 8 m o n t h s 20 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 Ac t i o n S t e p s Le v e l 1 - Ov e r  th e  ne x t  6 mo n t h s Re g u l a t o r y M e a s u r e s : • La n d s c a p e /  sp r a y i n g  co n t r a c t o r s  re g i s t r a t i o n  or d i n a n c e   Ed u c a t i o n / O u t r e a c h : • Pr o f e s s i o n a l  pr e p a r e d  ed u c a t i o n  ca m p a i g n Si t e S p e c i f i c P r o j e c t s : • St o r m w a t e r q u a l i t y  fa c i l i t y  im p r o v e m e n t   Be s t M a n a g e m e n t P r a c t i c e s : • Ma i n t e n a n c e  me a s u r e s  fo r  pu b l i c  st o r m w a t e r t r e a t m e n t  va u l t s   • Po s t ‐co n s t r u c t i o n  st o r m w a t e r r u n o f f  po l i c y • Im p a c t s  of  dr a i n i n g  sw i m m i n g  po o l s ,  ho t  tu b s  an d  wa t e r  fe a t u r e s  in t o  the creek  Mo n i t o r i n g a n d S t u d y : • St o r m  dr a i n  sy s t e m  st u d y ,  wa t e r  sa m p l i n g  pr o g r a m   21 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n 1/7/2014 Ac t i o n S t e p s St a f f N e x t S t e p s … • Co n v e n e  a Go r e  Cr e e k  Wa t e r  Qu a l i t y  Im p r o v e m e n t  Ac t i o n  Pl a n  Advisory  Co m m i t t e e  ‐ Ja n u a r y  –M a r c h ,  20 1 4 • Pr e p a r e  fo r  Co u n c i l  di s c u s s i o n  on  me r i t s  of  la n d s c a p e / c o n t r a c t o r  registration – Ja n u a r y  – F e b r u a r y ,  20 1 4 • Re l e a s e  RF P  fo r  Ma r k e t i n g / E d u c a t i o n  Ca m p a i g n  ($ 2 0 ‐25 K )  – Fe b r u a r y ,  2014  • Ev a l u a t e  Be s t  Ma n a g e m e n t  Pr a c t i c e s  – Ma r c h ,  20 1 4 Co u n c i l N e x t S t e p s … • Pr e s e n t a t i o n  of  Ad v i s o r y  Co m m i t t e e  re c o m m e n d a t i o n s   – Ma r c h ,  2014 • Ad o p t St r a t e g i c  Ac t i o n  Pl a n  – Ap r i l ,  20 1 4 22 To w n o f  Va i l    |   Co m m u n i t y  De v e l o p m e n t  an d  Pu b l i c  Wo r k s |    1/ 7 / 1 4 Go r e C r e e k W a t e r Q u a l i t y I m p r o v e m e n t s St r a t e g i c A c t i o n P l a n Do e s  th e  Co u n c i l  su p p o r t  th e  pr o p o s e d  Ac t i o n  Pl a n n i n g  schedule? 1/7/2014 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: First reading of Ordinance No. 1, Series of 2014 An Ordinance Extending the Temporary Ban on Marijuana Establishments on the Town, Pursuant to the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 1, Series of 2014 upon first reading. BACKGROUND: Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section regarding the personal use and regulation of marijuana. Pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance".The Town Council (the “Council”) requested that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town. The Council had adopted a temporary ban until January 21, 2014. Town staff needs additional time to gather information, to review the state statutes and forthcoming regulations, and to study the impacts of marijuana establishments and the zone districts in which they should be permitted, if at all. During such time, the Council wishes to extend the temporary ban on the location or operation of marijuana establishments in the Town until July 31, 2014. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 1, Series of 2014 upon first reading. ATTACHMENTS: Ordinance No. 1 Series of 2014 1/7/2014 Ordinance No 1, Series of 2014 1 ORDINANCE NO. 1 SERIES 2014 AN ORDINANCE EXTENDING THE TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section regarding the personal use and regulation of marijuana; WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance"; WHEREAS, it is the desire of the Council that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town; WHEREAS, previously, the Town Council had adopted a temporary ban until January 21, 2014; WHEREAS, Town staff needs additional time to gather information, to review the state statutes and regulations, and to study the impacts of marijuana establishments and the zone districts in which they should be permitted, if at all; and WHEREAS, during such time, the Council finds and determines that it is the best interest of the public health, safety and welfare for the Town to extend the temporary ban on the location or operation of marijuana establishments in the Town until July 31, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana establishment, and marijuana establishments are hereby prohibited at any location in the Town. The Town shall not 1/7/2014 Ordinance No 1, Series of 2014 2 accept or process any applications for the operation of marijuana establishments in the Town. Section 2. For purposes of this ordinance, the following terms shall have the following meanings: a. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. b. "Marijuana establishment" means and includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store and a marijuana club. c. "Marijuana cultivation facility" means a facility licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. d. "Marijuana testing facility" means a facility licensed to analyze and certify the safety and potency of marijuana. e. "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. f. "Retail marijuana store" means a facility licensed to purchase marijuana from marijuana cultivation facilities or marijuana and marijuana products from marijuana product manufacturing facilities, or to sell marijuana or marijuana products to consumers. g. "Marijuana club" means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. Section 3. This ordinance is intended to be temporary in nature, and as such, this ordinance shall be in effect until July 31, 2014 unless earlier repealed. Section 4. 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 Council hereby declares it would 1/7/2014 Ordinance No 1, Series of 2014 3 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 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 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 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 7th day of January, 2014 and a public hearing for second reading of this Ordinance set for the 21st day of January, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ____________, 2014. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Tammy Nagel, Acting Town Clerk 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: First reading of Ordinance No. 2, Series of 2014 An Ordinance Repealing Section 1-4-1.C of the Vail Town Code and Enacting a New Section 1-4-4 of the Vail Town Code, Concerning Restitution in Municipal Court PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 2, Series of 2014 on first reading. BACKGROUND: Pursuant to its police powers and authority as a home rule municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the Colorado Constitution, the Town may order restitution in conjunction with misdemeanors and petty offenses. The Town does not currently have a restitution ordinance. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 2, Series of 2014 on first reading. ATTACHMENTS: Ordinance No. 2, Series of 2014 1/7/2014 ORDIACE O 2 SERIES OF 2014 1 ORDINANCE NO. 2 SERIES 2014 AN ORDINANCE REPEALING SECTION 1-4-1.C OF THE VAIL TOWN CODE AND ENACTING A NEW SECTION 1-4-4 OF THE VAIL TOWN CODE, CONCERNING RESTITUTION IN MUNICIPAL COURT WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; WHEREAS, pursuant to its police powers and authority as a home rule municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the Colorado Constitution, the Town may order restitution in conjunction with misdemeanors and petty offenses; WHEREAS, the Town Council finds and declares that crime victims endure undue suffering and hardship resulting from physical injury, emotional and psychological injury and loss of property; that persons found guilty of causing such suffering and hardship should be obligated to make full restitution to those harmed by their misconduct; that restitution is a mechanism for the rehabilitation of offenders and a deterrent to future criminality; and that an effective criminal justice system requires timely restitution to victims and their families to lessen the financial burdens inflicted upon them, to compensate them for their suffering and hardship, and to preserve the individual dignity of victims; and WHEREAS, the Town Council desires to amend the Vail Town Code to ensure that restitution is properly and timely collected for victims of municipal offenses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Subsection 1-4-1.C of the Vail Town Code is hereby repealed in its entirety. Section 2. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by the addition of the following new Section 1-4-4: 1-4-4: RESTITUTION: A. The purpose of this Section is to provide for and collect full restitution for victims of those municipal ordinance offenses that are under the jurisdiction of the Town's municipal court in the most expeditious manner. It is the intent of the Town Council that restitution be timely 1/7/2014 ORDIACE O 2 SERIES OF 2014 2 ordered, collected, and disbursed to victims, and this Section shall be liberally construed to accomplish such intent. B. For purposes of this Section, the following terms shall have the following meanings: CONVICTION: A guilty verdict, a plea of guilty or nolo contendere that is accepted by the municipal court, and a deferred judgment and sentence which has not been successfully completed, for any violation of this Code. PROXIMATELY CAUSED: A cause which in the natural and probable sequence produced the claimed injury and without which the claimed injury would not have been sustained. RESTITUTION: A pecuniary loss suffered by a victim and proximately caused by a defendant's conduct, including without limitation: all out of pocket expenses, interest, loss of use of money, anticipated future expenses, rewards paid by victims, money advanced by law enforcement agencies, extraordinary public and private investigative costs, money advanced by a governmental agency for a service animal, adjustment expenses, overtime wages for peace officers or other government employees, operating expenses for equipment such as protective clothing, costs to remove, clean up, or remediate a place used to manufacture or attempt to manufacture a controlled substance or which contains a controlled substance or which contains chemicals; costs to store, preserve, or test evidence of a controlled substance violation; and costs incurred to sell and provide for the care of and provision for an animal disposed of under any applicable animal cruelty law. "Restitution" does not include damages for physical or mental pain and suffering, loss of consortium, loss of enjoyment of life, loss of future earnings, or punitive damages. VICTIM: A person aggrieved by the conduct of an offender, including without limitation: a person against whom a violation of this Code has been perpetrated or attempted; a person harmed by an offender's conduct in the course of a scheme, conspiracy, or pattern of criminal activity; a person, including an insurer, who has suffered losses because of a contractual relationship with a victim; a victim compensation board that has paid a victim compensation claim; and if any victim is deceased or incapacitated, the victim's spouse, parent, legal guardian, natural or adopted child, child living with the victim, sibling, grandparent, significant other, or other lawful representative. "Victim" shall not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan. Any victim under the age of eighteen (18) 1/7/2014 ORDIACE O 2 SERIES OF 2014 3 is considered incapacitated, unless that person is legally emancipated or the court orders otherwise. C. Every order of conviction shall include one or more of the following: 1. An order of a specific amount of restitution to be paid by the defendant; 2. An order that the defendant is obligated to pay restitution, but that the specific amount of restitution shall be determined within ninety one (91) days following the order of conviction, unless good cause is shown for extending such time period; or 3. A specific finding that no victim suffered a pecuniary loss and therefore no order for restitution is being ordered. D. All restitution shall be paid to the Town, which shall distribute the restitution to the victim(s). E. The municipal court shall base its order for restitution on information presented by the prosecuting attorney, who shall compile such information through victim impact statements or other means to determine the amount of restitution and the identities of the victims. The municipal court may not order restitution without a hearing at which the prosecution must prove the amount of the victim's loss and its causal link to the defendant's conduct by a preponderance of the evidence, and at which the defendant may contest those matters. F. An order for restitution may be increased if additional victims or additional losses not known to the judge or the prosecuting attorney at the time the restitution order was entered are later discovered and the final amount of restitution due has not been set by the court; and decreased with the consent of the prosecuting attorney and the victim(s) to whom the restitution is owed or if the defendant has otherwise compensated the victim(s) for the pecuniary losses suffered. G. If more than one defendant owes restitution to the same victim for the same loss, the restitution order shall be a joint and several obligation of the defendants. H. Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by such victim in a civil proceeding. I. The municipal court shall order restitution concerning only the portion of the victim's pecuniary loss for which the victim cannot be compensated under a policy of insurance, self-insurance, an indemnity agreement, or a risk management fund. The court, in determining the 1/7/2014 ORDIACE O 2 SERIES OF 2014 4 restitution amount, shall consider whether the defendant or the vehicle driven by the defendant at the time of the offense was covered by: a complying policy of insurance or certificate of self-insurance as required by the laws of the state of Colorado; self-insurance; or any other insurance or indemnity agreement that would indemnify the defendant for any damages sustained by the victim. The municipal court may award a victim restitution for a deductible amount under a policy of insurance. J. A victim's confidential medical and mental health records in the possession of the prosecuting attorney shall not be provided to the defendant, but may be provided to the judge for an in camera review. To obtain an in camera review of such records, a defendant must show: 1. That his or her request is not speculative; and 2. That an in camera review is warranted, because such records may disprove all or part of the prosecuting attorney's restitution request on the basis that the loss was not proximately caused by the defendant's conduct, or that such records are otherwise relevant to the allegations pending against the defendant. 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 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 Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town 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 not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 1/7/2014 ORDIACE O 2 SERIES OF 2014 5 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of January, 2014 and a public hearing for second reading of this Ordinance set for the 21st day of January, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of January, 2014. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Tammy Nagel, Acting Town Clerk 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: First reading of Ordinance No. 3, Series of 2014 An Ordinance Amending Section 6-3B-2 of the Vail Town Code Regarding the Jurisdictional Limit of Larceny Offenses in the Town PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 3, Series of 2014 on first reading. BACKGROUND: Traditionally, municipal authority for prosecution of theft crimes has been concurrent with state prosecution of class 1 misdemeanors. The state recently changed the jurisdictional limit of theft crimes from $1,000 to $2,000. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 3, Series of 2014 on first reading. ATTACHMENTS: Ordinance No. 3, Series of 2014 1/7/2014 ORDIACE O. 3, SERIES OF 2014 1 ORDINANCE NO. 3 SERIES 2014 AN ORDINANCE AMENDING SECTION 6-3B-2 OF THE VAIL TOWN CODE REGARDING THE JURISDICTIONAL LIMIT OF LARCENY OFFENSES IN THE TOWN WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; WHEREAS, pursuant to its police powers and authority as a home rule municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the Colorado Constitution, the Town may prosecute misdemeanors and petty offenses; WHEREAS, traditionally, municipal authority for prosecution of theft crimes has been concurrent with state prosecution of class 1 misdemeanors; WHEREAS, the state recently changed the jurisdictional limit of theft crimes from $1,000 to $2,000; and WHEREAS, the Town Council desires to amend the Vail Town Code to raise the jurisdictional limit in the definition of larceny from $1,000 to $2,000. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-3B-2.A of the Vail Town Code is hereby amended as follows: A. Definitions: LARCENY: To take or exercise control over property of another having a value of less than two thousand dollars one thousand dollars ($2,000.00 $1,000.00) without authorization or by threat or deception; and 1. With the intention to deprive the owner permanently of the use or benefit of such property; or 2. To knowingly use, conceal or abandon such property in a manner so as to deprive the owner permanently of its use or benefit; or 1/7/2014 ORDIACE O. 3, SERIES OF 2014 2 3. To knowingly demand any consideration for which one is not legally entitled as a condition of restoring such property to the owner. Section 2. 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 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 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. 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 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall 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 7th day of January, 2014 and a public hearing for second reading of this Ordinance set for the 21stday of January, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2013. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Tammy Nagel, Acting Town Clerk 1/7/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 7, 2014 ITEM/TOPIC: Adjournment (7:40 p.m.) 1/7/2014