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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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-
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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
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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
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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
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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.
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# # #
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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Cr
e
e
k
to ensure
it
is
re
m
o
v
e
d
,
an
d
is
ne
v
e
r
ag
a
i
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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
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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
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u
n
c
i
l
su
p
p
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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
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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
/
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t
r
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a
c
h
Si
t
e
Sp
e
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Pr
o
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t
s
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Bu
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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