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HomeMy WebLinkAbout2014-10-21 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., OCTOBER 21, 2014 TOWN OF VAI07 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM/TOPIC: Citizen Participation (10 min.) 2. ITEM/TOPIC: Consent Agenda: 1) Resolution No. 27, Series of 2014, Resolution approving Vail Local Marketing District 2015 Budget 2) Resolution No. 28, Series of 2014, Snowberry Easement Exchange Agreement 3) Proclamation No. 4, Series of 2014, A Proclamation Declaring November 2-8, 2014 Childhood Cancer Awareness Week 4) Proclamation No. 5, Series of 2014, A Proclamation Declaring October 19-25, 2014, As National Friends of Libraries Week (10 min. ) 3. Q 61 ITEM/TOPIC: Any Action as a Result of Executive Session (5 min. ) BACKGROUND: This agenda item has been added to the regular meeting agenda in order to allow for any official action required as a result of the executive session. ITEM/TOPIC: Town Manager's Report: (15 min. ) ITEM/TOPIC: Draft program presentation on disposable bag waste reduction. (60 min) PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council provide feedback on the recommended program elements. BACKGROUND: The Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, commits the Town to reducing waste, reducing energy and carbon emissions, ensuring that the natural environment, specifically air and water quality, are improved, and that public education and awareness is increased. As environmental leaders, addressing single use plastic shopping bags as an environmental concern is one way many communities across the world have attempted to fulfill similar goals. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council proceed with a d1§06§413re bag ordinance that contains the following elements: 1. Ban on plastic bags (carryout bags only) 2. $0.10 fee on paper bags 3. Applicable to grocery stores only (over 3,500 sq ft) 4. Fee collected is designated to environmental education and waste reduction, a portion of which is retained by grocery stores for administration 5. A reasonable timeline for implementation 6. ITEM/TOPIC: Resolution No. 29, Series of 2014, A Resolution Approving an Emergency Response Services Intergovernmental Agreement Between the Town of Vail and Eagle County; and Setting Forth Details in Regard Thereto. (10 min. ) PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 29, Series of 2014. BACKGROUND: Vail Fire and Emergency Services has historically provided emergency response services for incidents outside Town limits occurring on Vail Pass between mile markers 182 and 190 on Interstate 70. Vail Pass is located within the corporate limits of Eagle County (the "County"). The Town and the County desire to enter into a formal agreement whereby Vail Fire will provide for the Town's continued provision of emergency response services for incidents occurring on Vail Pass for 2015. 7. ITEM/TOPIC: Second Reading of Ordinance No. 15, Series of 2014, An Ordinance Repealing and Reenacting the Approved Development Plan for Special Development District No. 8, Fallridge, Pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to Allow for the Conversion of Three Commercial Condominiums to Three Residential Condominiums, Located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and Setting Forth Details in Regard Thereto. (PEC140033) (15 min.) PRESENTER(S): Joe Batcheller, Community Development ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 15, Series of 2014, upon second reading. BACKGROUND: The applicants, represented by Matthew King, are requesting a second reading of Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2014, with a vote of 4-3-0 (Bruno, Moffet, and Rogers opposed). For the second reading, the Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 15, Series of 2014. STAFF RECOMMENDA14oTPhe Planning and Environmental Commission recommends the Town Council approves the second reading of Ordinance 15, Series of 2014, with the following conditions: 1) The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; C-3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. 2) Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code.Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C-1, C-2, and C-3. 8. ITEM/TOPIC: Second Reading of Ordinance No. 16, Series of 2014, An Ordinance Amending the Vail Town Code by the Addition of a New Section 6-3D-6, Prohibiting the Use of Compressed Flammable Gas in THC Extraction in Town Vail; and Setting Forth Details with Regard Thereto. (5 min. ) PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 16, Series of 2014. BACKGROUND: Since the adoption of Amendment 64, Colorado residents are attempting to extract THC from their personal use marijuana plants within their homes using compressed flammable gas as a solvent. Newly adopted C.R.S. § 9-17-113 expressly authorizes municipalities to prohibit this practice. 9. ITEM/TOPIC: Adjournment (estimated 8:10 p.m.) 10/21/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Citizen Participation 10/21/2014 rnwH of vn' �Ii1 rowH Of Mit: VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Consent Agenda: 1) Resolution No. 27, Series of 2014, Resolution approving Vail Local Marketing District 2015 Budget 2) Resolution No. 28, Series of 2014, Snowberry Easement Exchange Agreement 3) Proclamation No. 4, Series of 2014, A Proclamation Declaring November 2-8, 2014 Childhood Cancer Awareness Week 4) Proclamation No. 5, Series of 2014, A Proclamation Declaring October 19-25, 2014, As National Friends of Libraries Week ATTACHMENTS: Resolution No. 27, Series of 2014 Resolution No. 28, Series of 2014 Proclamation No. 4, Series of 2014 Proclamation No. 5, Series of 2014 10/21/2014 TOWN OF 0 VAIL � Memorandum To: From: Date: Subject Town Council Vail Local Marketing District October 21, 2014 Vail Local Marketing District 2015 Operating Plan and Budget BACKGROUND The mission of the Vail Local Marketing District is to market and promote Vail to attract overnight destination guests primarily during the May — October time frame, creating economic vitality by increasing both the visitor base and sales tax revenues. Results to date show an increase in sales tax collected, room nights and event attendance over the summer of 2013. The marketing objectives outlined in the VLMD operating plan are: Continue the momentum and build on the powerful leadership position of the year-round Vail brand in order to: • Increase May — October occupancy • Increase sales tax revenue • Increase group occupancy • Optimize visitor mix • Increase net promoter score • Increase Vail brand awareness BUDGET DETAIL This budget was approved by the Vail Local Marketing District on September 16, 2014 and no changes have occurred since approval. Revenue from lodging tax collections is estimated at $2,900,000 for 2015. The assumptions for this projection are consistent with the town's expected sales tax revenue for 2015. Regarding expenditures, the attached budget proposal includes $2,900,000 for 2015 programs. The ending fund balance currently present of $1,054,545 is 36% of annual revenues, Council directive is 25% of annual revenues. The following shifts are recommended from the 2014 forecast to the 2015 budget to address recent successes and opportunities and to achieve the outlined marketing objectives: 10/21/2014 • Destination/International budget increases 13% to provide emphasis in key markets domestically and internationally in an effort to optimize overnight guests as part of the visitor mix • Front Range budget decreases 39% to shift emphasis to destination overnight guests and as a result of extensive Front Range advertising that is done by event promoters • Groups and Meetings budget increases 2% to provide additional emphasis on medical meetings, corporate meetings and participatory sports tournaments • PR budget stays intact to maintain a prominent presence regionally, nationally and internationally • Research budget increases 12% to conduct a Burke Brand Research study which was last done in 2013 and is scheduled every other year • Photography/video increases 14% to continue to build the archives with new and exciting still shots and video opportunities • Branding decreases 33% since a supplemental budget for this line item was approved in 2014 to begin the campaign planning this year • Professional Fees increase 1 % • Event Marketing decreases 23% since there will not be the Team Shiffrin expense as in 2014 The budgetary changes outlined above reflect the goal of shifting dollars to attract more overnight destination guests to Vail through additional outreach and programs in 2015. ACTION REQUESTED OF VAIL TOWN COUNCIL VLMD recommends that the Vail Town Council approve the 2015 Operating Plan and budget of $2,900,000. Town of Vail 10/21/2014 Page 2 Income Lodging Tax Interest Income Total Income Expense Destination Front Range Groups and Meetings Public Relations Expenses Photography / Video Research Web Site Admin Miscellaneous Email Marketing Branding Professional Fees Legal and Accounting Advertising Agent Fees Marketing Coordination-TOV Marketing Coordination-VVP Professional Fees Ft Range Promotion Fees Total Professional Fees Special Event Funding Team Shiffrin Pro -Cycling Challenge Event Liason Total Special Events Total Expense Net Income Beginning Fund Balance Ending Fund Balance %age Fund Balance (25% required) Vail Local Marketing District 2015 Proposed Operating Plan 2013 2014 2014 2015 Actual Budget Amended Proposed 2,619,172 2,600,000 2,600,000 2,900,000 316 2,000 2,000 2,000 2,619,488 2,602,000 2,602,000 2,902,000 749,324 954,342 954,342 1,079,500 416,945 380,000 407,000 250,000 447,799 570,000 570,000 580,000 104,899 92,000 92,000 92,000 100,000 105,000 105,000 120,000 114,275 70,158 140,158 157,000 45,000 45,000 45,000 45,000 4,204 7,500 7,500 7,500 4,000 4,000 4,000 7,000 76,819 110,000 140,975 95,000 20,000 22,000 22,000 22,000 37,500 50,000 50,000 50,000 90,000 90,000 90,000 90,000 35,000 40,000 40,000 40,000 100,833 110,000 110,000 120,000 42,500 30,000 30,000 25,000 325,833 342,000 342,000 347,000 - - 35,000 - 100,000 100,000 100,000 100,000 12,560 20,000 20,000 20,000 112,560 120,000 155,000 120,000 2,501,658 2,800,000 2,962,975 2,900,000 117,830 (198,000) (360,975) 2,000 1,295,690 1,144, 570 1,413,520 1,052, 545 1,413,520 946,570 1,052,545 1,054,545 54% 36% 40% 36% 10/21/2014 4 RESOLUTION NO. 27 SERIES OF 2014 A RESOLUTION APPROVING THE OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2015 THROUGH DECEMBER 31, 2015 WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, C.R.S. §29-25-110 requires the Council's annual approval of the operating plan the Vail Local Marketing District (the "VLMD"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the operating plan and budget of the VLMD for marketing related expenditures beginning on the first day of January, 2015, and ending on the 31St day of December, 2015. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21 st day of October, 2014. Andrew P. Daly, Town Mayor Attested: Patty McKenny, Town Clerk Resolution No. 27, Series of 2014 10/21/2014 RESOLUTION NO. 28 Series of 2014 A RESOLUTION APPROVING AN EASEMENT EXCHANGE AGREEMENT LOCATED AT 2755 SNOWBERRY DRIVE, VAIL, COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town wishes to enter into an Easement Exchange Agreement (the "Agreement") with the owner of the real property located at 2755 Snowberry Drive, Vail, Colorado in the form attached hereto as Exhibit A and incorporated herein by this reference, as it relates to the construction of Snowberry Drive because a portion of the road was constructed through said property located at 2755 Snowberry Drive outside of the current roadway easement; and WHEREAS, The Council's approval of Resolution No. 28, Series of 2014, is required to enter into the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the Agreement on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21St day of October, 2014. Andrew P. Daly Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 28, 2014 10/21/2014 EASEMENT EXCHANGE AGREEMENT THIS EASEMENT EXCHANGE AGREEMENT (the "Agreement") is made and entered into this day of October, 2014, by and between Mountain Cl Holdings LTD, a , with an address of 1480 Sandhills Drive, Unit 4, Ancaster, Ontario, Canada L9G 4V5 ("Mountain CI") and the Town of Vail, a Colorado home rule municipality with an address of 75 S. Frontage Road, Vail, Colorado 81657 (the "Town") (each individually a "Parry" and collectively the "Parties"). WHEREAS, Mountain Cl owns certain real property more particularly described as Lot 10, Block 9, Vail Intermountain Development Subdivision Town of Vail, Eagle County, Colorado, and more commonly referred to as 2755 Snowberry Drive, Vail, Colorado 81657 (the "Property"); WHEREAS, A Roadway Structure, Parking, Public & Private Utility easement currently exists across a portion of the Property as shown in Exhibit A attached hereto and incorporated herein by this reference ("Easement A") for purposes of constructing the right-of-way commonly referred to as Snowberry Drive; WHEREAS, during the construction of Snowberry Drive, a portion of the road was constructed through the Property outside of the platted right-of-way and Easement A; WHEREAS, the Parties now desire to conduct an Easement Exchange whereby the Town agrees to transfer a portion of Easement A as more particularly described in Exhibit A back to Mountain CI, and Mountain CI agrees to grant the Town a new non-exclusive perpetual easement upon, over, under, across and through that portion of the Property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference ("Easement B"); and WHEREAS, Mountain CI and the Town wish to exchange the respective Easements under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above premises, the mutual promises and covenants below, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Exchange Terms. A. Mountain Cl and the Town acknowledge that Easement A and Easement B are of like kind and equal value. B. The Town hereby grants and conveys to Mountain Cl, its successors, assigns, lessees, licensees and agents, all of the Town's rights and interests to Easement A. C. Mountain Cl hereby grants and conveys to the Town, its successors, assigns, lessees, licensees and agents, a non-exclusive perpetual easement upon, over, under, across and through Easement B for the purpose of the Town's construction, reconstruction, operation, maintenance of a roadway and supporting structure, parking, and for the use of public and 10/15/14 C.•VSERS7KASSMELIAPPDATAWCALMICROSOF71 WINDOWYTEMPORARYINTERNET FILESIC6119 B+ZOOKIEV3ZWPHISNOWBERRYEASEMENT EXCHANGE-2.DOC private utilities as is typical of a right-of-way. The Town shall have the right of ingress and egress over and across the adjacent lands of Mountain Cl as may be necessary to access Easement B. 2. Covenants of the Town. The Town hereby represents, covenants and warrants in favor of Mountain CI and its successors and assigns as follows: A. The Town shall protect Easement B and the adjacent lands of Mountain CI over which the Town has rights of ingress and egress from damage caused in whole or in part by acts or omissions of the Town, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents. The Town shall clean, cure and correct any such damage to any elements of Easement B or the above referenced adjacent lands, including but not limited to, all pavement, curbs, gutters, walks, streets, other utilities, structures and other improvements situate therein or thereon, and shall keep all of such property reasonably clean and clear of equipment, building materials, dirt, debris and similar materials. If the Town fails to clean, cure or correct such damage within fourteen (14) days after notice thereof from Mountain CI, then Mountain CI may do so, at the Town's expense. B. In all activities undertaken on property belonging to Mountain Cl, the Town and its employees, agents, contractors, subcontractors, successors, assigns, lessees and licensees shall conduct and construct all work in a good and workmanlike manner; and C. The Town shall not cause or permit to be caused by any of its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees, any hazardous substances, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), pollutants, or contaminants, as defined by CERCLA or hazardous waste as defined by the Resource Conservation and Recovery Act ("RCRA"), including but not limited to asbestos, and/or urea formaldehyde, or any pollutants or toxic pollutants as defined by the Clean Water Act, and any amendments thereto, to be dumped, spilled, released, permanently stored, or deposited on, over, or beneath Easement B. Any hazardous, toxic or flammable substances use by the Town, its employees, agents, contractors, subcontractors, successors, assigns, lessees or licensees in the construction, reconstruction, operation, maintenance or removal of the right-of- way shall be utilized in a lawful manner and in compliance with all federal, state and local requirements relating to protection of health or the environment. 3. Mountain CI's Covenants. A. Mountain Cl covenants and agrees that it shall not plant within or allow to grow into Easement B any trees, bushes or other planted material that would interfere with the Town's use of Easement B, and that it shall not construct any buildings or other improvements within, over or upon Easement B without the prior written permission of the Town. B. Mountain CI hereby warrants title to the easement herein granted and conveyed to the Town. Mountain Cl warrants that the easement is free and clear of all liens and encumbrances. Mountain CI agrees to protect and defend the title of the Town from and against all persons whomsoever. 2 10115114 C.• I USERYTKASSMEL IAPPDATAWCALMICROSOF71 WINDOWYTEMPORARYINTERNET FILESIC6119 B+ZOOKIEV3ZWPHISNOWBERRYEASEMENT EXCHANGE-2.DOC C. Mountain Cl warrants and guarantees that it has the power and authority to grant Easement B. 4. Indemnification of The Town by Mountain CI. Mountain CI agrees, and hereby does, to the extent permitted by law, indemnify and hold harmless the Town, any directors, officers employees and agents of the Town, and any successors or assigns of the Town, from any costs, expenses, damages, claims or demands incurred or asserted against the Town as a result of or arising out of Mountain CI's warranties or covenants set forth herein. 5. Miscellaneous. A. Runs with the Land. Except as otherwise expressly provided for herein, all provisions herein contained, including the benefits, burdens and covenants, are intended to run with the land and shall be binding upon and inure to the benefit of the respective, parties, their heirs, successors and assigns. B. Effect. This Agreement shall be of no force and effect until the same is duly and validly executed by each of the parties hereto. C. Warranty. Each party warrants that it has the full right and legal authority to make the grant of this Agreement. D. Governing Law and Venue. This Agreement and the rights and obligations of the Parties hereunder shall be governed by the laws of the State of Colorado, and any legal action brought under or as a result of this Agreement shall be brought in Eagle County, Colorado. E. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. F. Third Parties. There are no intended third -party beneficiaries to this Agreement. G. Modification. This Agreement may only be modified upon written agreement of the parties. H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($300,000) per person and six hundred thousand dollars ($900,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. 10/15/14 C.• I USERYTKASSMEL IAPPDATAWCALMICROSOF71 WINDOWYTEMPORARYINTERNET FILESIC6119 B+ZOOKIEV3ZWPHISNOWBERRYEASEMENT EXCHANGE-2.DOC J. Integration. The foregoing constitutes the entire agreement between the parties regarding the easements and no additional or different oral representation, promise or agreement shall be binding on any party with respect to the easements. K. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity that participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any party to this Agreement. L. No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, the Town's financial obligations under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. IN WITNESS WHEREOF, this Agreement is executed by Mountain CI and the Town as of the date first above written. ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: J. Matthew Mire, Town Attorney TOWN OF VAIL, COLORADO Andy Daly, Mayor MOUNTAIN CI HOLDINGS, LTD 4 10115114 C.• I USERYTKASSMEL IAPPDATAWCALMICROSOF71 WINDOWYTEMPORARYINTERNET FILESIC6119 B�+ZOOKIEV3ZWPIIISNOWBERRYEASEMENT EXCHANGE-2.DOC STATE OF COLORADO ) )ss. COUNTY OF ) The above and foregoing document was acknowledged before me this day of 2014, by WITNESS my hand and official seal. My Commission expires: as Notary Public 5 10115114 C.• I USERYTKASSMEL IAPPDATAWCALMICROSOF71 WINDOWYTEMPORARYINTERNET FILESIC6119 B+ZOOKIEV3ZWPHISNOWBERRYEASEMENT EXCHANGE-2.DOC EXHIBIT LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO LOT 12A �F VAIL INTERMOUNTAIN DEVELOPMENT o� ` SUBDIVISION, BLOCK 1 �N� RADIUS = 115.00' 7_ DELTA = 59'37'12" ARC = 119.66' CHORD = 114.34' �s BEARING = N17'58'15"E POINT OF BEGINNING RADIUS = 100.00' RADIUS = 100.00' DELTA = 64`30'35" DELTA = 35'30'05" ARC = 61.96' ' ARC = 112.59' CHORD - 60.98' TANGENT = 63.11' BEARING = S28'37'35"W � CHORD = 106.74' i N BRG = S14°07'20"W r i N RADIUS = 125.00' EDGE OF ASPHALT N DELTA = 20'39'22" ROADWAY ARC = 45.06' CHORD = 44.82' BEARING = S18'40'21"W SCALE: 1 " = 60' I M Lr' (5, O -A N O LOT 10 2755 SNOWBERRY DRIVE I ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT RADIUS = 50.00' DELTA = 105`44'52" N87°36'55"E ARC = 92.28' ---_ 124.00 _-__ .-' TANGENT = 66.05' SNOWBERRY DRIVE CHORD = 79.73' BRG = S34°44'29"W PARCEL DESCRIPTION: A PORTION OF THE ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT SITUATED IN A PART OF LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED SEPTEMBER 7, 1972 AS RECEPTION No. 121108 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERNMOST CORNER OF SAID LOT 10, SAID POINT BEING ON THE RIGHT OF WAY OF SNOWBERRY DRIVE; THENCE ALONG SAID RIGHT OF WAY 61.96 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, AN INTERIOR ANGLE OF 35°30'05" AND A CHORD WHICH BEARS S28'37'35"W 60.98 FEET; THENCE DEPARTING SAID RIGHT OF WAY 45.06 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN INTERIOR ANGLE OF 20°39'22" Gore Range AND A CHORD WHICH BEARS S18°40'21"W 44.82 FEET TO A POINT ON THE WESTERLY Surveying, LLC BOUNDARY OF SAID EASEMENT; THENCE FOLLOWING SAID EASEMENT 119.66 FEET ALONG Y g� THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET, AN P.0 BOX Is INTERIOR ANGLE OF 59°37'12" AND A CHORD WHICH BEARS N17°58'15"E 114.34 FEET TO A Avon, CO 81M POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 10; THENCE ALONG THE (970) 479.8699•fax (M)479 -CM NORTHEASTERLY BOU1lb/Afly/04SAID LOT 10 S32°57'42"E 15.23 FEET TO THE POINT OF BEGINNING. EXHIBIT LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, BLOCK 1 I SCALE: 1" = 60' POINT OF BEGINNING Gore Range Surveying, LLC ?ff Box F5 Amon, CO 8162U (970) 479-8699 . fax (970) 479s LOT 10 2755 SNOWBERRY DRIVE LOT 12A RADIUS = 100.00' DELTA = 64°30'35" ARC = 112.59' / TANGENT = 63.11' CHORD = 106.74' / BRG = S14°07'20"W //SEDGE OF ASPHALT ROADWAY 1Y1 RADIUS = 50.00' . o DELTA = 25'29'06" d ARC = 22.24' ARC = CHORD = 22.06' BEARING = N21'05'13"E yv TRUE POINT OF BEGINNING N87 -36'5.5"E - 122:14� 0 N87°36'55"E o 124.00 i__ SNOWBERRY DRIVE (50' R.O.W.) RADIUS = 115.00' DELTA = 6'17'36" ARC = 12.63' CHORD = 12.63' BEARING = S14'59'09"E ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT RADIUS = 35.00' DELTA = 105'44'52" ARC = 64.60' CHORD = 55.81' BEARING = S34'44'29"W PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED SEPTEMBER 7, 1972 AS RECEPTION No. 121108 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE N01°25'39"E 15.03 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 10 TO A POINT ON THE NORTHERLY EDGE OF A 15.00 FOOT WIDE ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT; THENCE ALONG THE NORTHERLY EDGE OF SAID EASEMENT N87`36'55"E 122.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID EASEMENT 22.24 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, AN INTERIOR ANGLE OF 25°29'06" AND A CHORD WHICH BEARS N21°05'13"E 22.06 FEET; THENCE N08°20'40"E 71.95 FEET TO A POINT ON SAID EASEMENT; THENCE ALONG SAID EASEMENT 12.63 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET, AN INTERIOR ANGLE OF 06'17'36" AND A CHORD WHICH BEARS S14'59'09"E 12.63 FEET; THENCE S18'07'57"E 35.43 FEET; THENCE 64.60 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET, AN INTE IO AN LE OF 105°44'52" AND A CHORD WHICH BEARS S34'44'29"W 55.81 FEET; THENCE Su�����?9'a 0.83 FEET TO THE TRUE POINT OF BEGINNING. RADIUS = 50.00' 587'36'55"W DELTA = 105°44'52" 0.83' ARC = 92.28' TANGENT = 66.05' CHORD = 79.73' BRG = N34°44'29"E PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LOT 10, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED SEPTEMBER 7, 1972 AS RECEPTION No. 121108 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE N01°25'39"E 15.03 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 10 TO A POINT ON THE NORTHERLY EDGE OF A 15.00 FOOT WIDE ROADWAY STRUCTURE, PARKING, PUBLIC & PRIVATE UTILITY EASEMENT; THENCE ALONG THE NORTHERLY EDGE OF SAID EASEMENT N87`36'55"E 122.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID EASEMENT 22.24 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, AN INTERIOR ANGLE OF 25°29'06" AND A CHORD WHICH BEARS N21°05'13"E 22.06 FEET; THENCE N08°20'40"E 71.95 FEET TO A POINT ON SAID EASEMENT; THENCE ALONG SAID EASEMENT 12.63 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 115.00 FEET, AN INTERIOR ANGLE OF 06'17'36" AND A CHORD WHICH BEARS S14'59'09"E 12.63 FEET; THENCE S18'07'57"E 35.43 FEET; THENCE 64.60 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET, AN INTE IO AN LE OF 105°44'52" AND A CHORD WHICH BEARS S34'44'29"W 55.81 FEET; THENCE Su�����?9'a 0.83 FEET TO THE TRUE POINT OF BEGINNING. TOWN OF VAIL' Proclamation No. 4, Series of 2014 Childhood Cancer Awareness Week WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among U.S. children between infancy and age 15. This tragic disease is detected in more than 15,000 of our country's young people each and every year. WHEREAS, one in five of our nation's children loses his or her battle with cancer. Many infants, children and teens will suffer from long-term effects of comprehensive treatment, including secondary cancers; and WHEREAS, founded over twenty years ago by Steven Firestein, a member of the philanthropic Max Factor family, the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. are dedicated to helping these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment at Children's Hospital Colorado in Denver, Rocky Mountain Hospital for Children at The Medical Center of Aurora, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor Courageous Kid Recognition Award ceremonies, community Get Well cards and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. NOW, THEREFORE, the Vail Town Council proclaims and hereby supports November 2nd through November 8th, 2014 as Childhood Cancer Awareness Week in Vail, Colorado; and our community commends the philanthropic groups of the American Cancer Fund for Children, Inc. and Kids Cancer Connections, Inc. for their work which positively impacts many children lives. We thank you for your incredible and endearing work. Andrew P. Daly, Mayor Attest: Patty McKenny, Town Clerk 10/21/2014 TOWN OF VAIL' Proclamation No. 5, Series of 2014 A Proclamation Declaring October 19 -25, 2014 as "National Friends of Libraries Week" Whereas, Friends of the Vail Public Library raise money that enables our library to move from good to great -- providing the resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; Whereas, the work of the Friends highlights on an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; Whereas, the Friends understand the critical importance of well funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers' advisory, and children's services; Whereas, the Friends' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community; Now, therefore, be it resolved that I, Andrew P. Daly, Mayor, proclaim October 19-25, 2014, as National Friends of Libraries Week in Vail, Colorado and urge everyone to join the Friends of the Library and thank them for all they do to make our library and community so much better. Andrew P. Daly, Mayor Attest: Patty McKenny, Town Clerk 10/21/2014J1 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Any Action as a Result of Executive Session BACKGROUND: This agenda item has been added to the regular meeting agenda in order to allow for any official action required as a result of the executive session. 10/21/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Town Manager's Report: ATTACHMENTS: TransportationVehicle Ordinance Update 10/21/2014 rnwH of vn' �Ii1 Subject: Town's Passenger Transportation Ordinance In preparation for the upcoming winter season, the Vail Police Department is providing information on the Town's Transportation Vehicle Ordinance, which will start a new Transportation year October 1, 2014. Educational outreach meetings will be held for the Hotel Shuttle Drivers and the Taxi and Limo Companies, so they can review and be updated on the rules, maps and to provide a forum to express concerns. The Police Chief has personally conducted these educational meetings for the last two years. The meetings have provided an opportunity for community outreach since many of the local transportation businesses are impacted by the ordinance and have concerns about high traffic areas. The date of these meetings this year will be October 20th, with the Hotel/Lodging (shuttles and courtesy cars) meeting at 1 p.m. and the Taxi/Limo meeting at 3 p.m, both in the Council Chambers. The Vail Police Department is committed to public education, ensuring the safety of pedestrians and reducing traffic congestion in the Town. The Records Department has been attentive on all ordinance registrations by contacting businesses thru phone, fax, and email to assist in ordinance applications and compliance. Vail Code Enforcement gave warnings to five different businesses for their non-compliance with the ordinance. The Police Department has taken a mainly educational stand on the ordinance for the first 2 years by only writing warnings after multiple contacts with the same business. Last winter 68 businesses were permitted and more than 500 permits were issued to taxis, shuttles, courtesy cars, and luxury limousine service vehicles. Since the ordinance enforcement started, there have been noticeable decreases in traffic congestion, according to Cmdr. Daric Harvey. The registration process became much easier to handle and to track, according to Records Tech. Emmanuel Mendoza, the primary contact person for the transportation companies. 10/21/2014 .0,,, P O C I A4` A, { 0• TOWN O FVA L1 RTti41 Memorandum To: Town Council Stan Zemler, Town Manager From: Dwight Henninger, Chief of Police Date: 9/22/2014 Subject: Town's Passenger Transportation Ordinance In preparation for the upcoming winter season, the Vail Police Department is providing information on the Town's Transportation Vehicle Ordinance, which will start a new Transportation year October 1, 2014. Educational outreach meetings will be held for the Hotel Shuttle Drivers and the Taxi and Limo Companies, so they can review and be updated on the rules, maps and to provide a forum to express concerns. The Police Chief has personally conducted these educational meetings for the last two years. The meetings have provided an opportunity for community outreach since many of the local transportation businesses are impacted by the ordinance and have concerns about high traffic areas. The date of these meetings this year will be October 20th, with the Hotel/Lodging (shuttles and courtesy cars) meeting at 1 p.m. and the Taxi/Limo meeting at 3 p.m, both in the Council Chambers. The Vail Police Department is committed to public education, ensuring the safety of pedestrians and reducing traffic congestion in the Town. The Records Department has been attentive on all ordinance registrations by contacting businesses thru phone, fax, and email to assist in ordinance applications and compliance. Vail Code Enforcement gave warnings to five different businesses for their non-compliance with the ordinance. The Police Department has taken a mainly educational stand on the ordinance for the first 2 years by only writing warnings after multiple contacts with the same business. Last winter 68 businesses were permitted and more than 500 permits were issued to taxis, shuttles, courtesy cars, and luxury limousine service vehicles. Since the ordinance enforcement started, there have been noticeable decreases in traffic congestion, according to Cmdr. Daric Harvey. The registration process became much easier to handle and to track, according to Records Tech. Emmanuel Mendoza, the primary contact person for the transportation companies. 10/21/2014 1t' Pot, s TOWN OFSIAI Transportation Ordinance Meeting Minutes November 21, 2013 Attendees: Vail Police Chief Dwight Henninger, Police and Fire Management Assistant KD Perino, Records Technicians Emmanuel Mendoza and Irina Litviakou, and representatives from Presidential Limo, Elite Limo, Ascent Limo, High Mountain Taxi, Hummers of Vail, Inc., B -Line Xpress, Vail Coach, Luxury Mountain Trans., Blue Sky Limo, and a few others. The Transportation Ordinance Meeting for Transportation Companies was called to order at 2:07 p.m. by Chief Henninger. Introduction A brief introduction to the purpose of the meeting and ordinance was given by Chief Henninger. The goal of this meeting was to ask for feedback from the Limo/Taxi Companies and offer clarification on any questions they might have. The results from last year after initiating the ordinance have been favorable and the Vail Town Council has mentioned seeing improvement in traffic congestion. Transportation Company management was encouraged to educate new employees on the ordinance, clarify understanding of difficult areas with all drivers, and purchase permits as soon as it is convenient. Permits are available for purchase at the Police Department Record's Desk in the Vail Municipal Building Monday -Saturday from 8 a.m. to 5 p.m. Action Item: Chief Henninger will update the regulations/rules in the FAQ. Topics from the Transportation Companies 1. Denver Companies A limo company representative expressed their opinion that the Denver Companies had not heard about the ordinance and were not in compliance. The Denver Companies mentioned were Aro, Global, Stage Coach, and CME. Action Item: The PD will ask the PUC for a mailing list to send information out to. 2. What is the money collected from Transportation Permits Used For? To date, the only item the money has been used for is the purchase of 2013-2014 permit stickers and the cleaning fee for the room this meeting is being held in. The money will be held in a designated account and used for infrastructure improvements that help the Transportation Group. 10/21/2014 3. Uber Several Transportation Companies expressed concern about Uber coming to Vail. The companies expect them to be here for the Holidays. Chief asked the group how the Police Department (PD) can help prevent them from coming to Vail. The limo companies said that Uber cars should have green plates where local companies have red plates. Action Items: • Chief will look into the Uber issue. • If a limo driver sees a violation they should take a picture with their cell phone and email it to vailviolations@vailgov.com. 4. Buzz's Boards The Transportation Companies asked if loading in front of Buzz's Boards is okay. The Chief replied that it is probably not a problem but do not block the road and be sure are actually loading or unloading, no staging. 5. Bridge Street The Transportation Companies asked for permission to drive down Bridge Street, specifically to the Bridge Street Lodge. The Chief expressed that it is the Vail Town Council who has asked that no vehicles drive on Bridge Street. Limos/taxis may have access if a guest has a disability. Checkpoint Charlie may also issue permits at their discretion based on the time of day and number of pedestrians on the street. Action Item: Transportation Companies may go by Checkpoint Charlie to get a permit for access to the Village. They can park their cars on the Patagonia side of Gore Creek. After Checkpoint Charlie closes for the day transportation company vehicles may enter the Village on a limited basis, from the Checkpoint side but still not using Bridge Street. 6. Parking in Front of the Municipal Building The Transportation Companies asked if they could park in front of the Municipal Building across from the 4 Seasons and Evergreen Lodge. The Chief explained that they may not because that is a bike path. There is a loading zone but it is for large trucks only. 7. Lions head/Sprinters • Sprinter Vans are considered an Oversize Vehicle. • Oversize Vehicles may park along the road in the marked area, east of the information center. • Regular height vehicles should use the 15 to 30 minute zone inside the lower level of the structure. Closing Comments Chief expressed to the group that he hears their concerns about the cost and limitations of the Transportation Permits but does not anticipate any changes from the Vail Town Council. He will rewrite the taxi and limo regulations outlined in the FAQ document and make sure it is emailed to the group. Town of Vail 10/21/2014 Page 2 Action Item: If anyone would like another meeting during this winter season email KD at kperino@vailgov.com and she will notify the group and organize one, if there is a need. Town of Vail 10/21/2014 Page 3 TOWN OF VAIL 't Transportation Ordinance Meeting Minutes December 4, 2013 Attendees: Vail Police Chief Dwight Henninger, Police and Fire Management Assistant KD Perino, Records Technician Emmanuel Mendoza, and representatives from the Lodge at Vail, Four Seasons, Lodgetower, Vail Cascade, Arrabelle, Sonnenalp, and Chateau Residence The Transportation Ordinance Meeting for Hotel Shuttles was called to order at 8:40 a.m. by Chief Henninger. Introduction A brief introduction to the purpose of this meeting and ordinance was given by Chief Henninger. The purpose of separate meetings for hotels vs. taxis was reiterated. The results from last year after initiating the ordinance have been favorable and the Vail Town Council has mentioned seeing improvement in traffic congestion at East Lionshead Circle and Hanson Ranch Road. There were fewer traffic related calls for service for the Police Department in these areas as well. Hotel management was encouraged to educate new employees on the ordinance, clarify understanding of difficult areas with all drivers, and purchase permits as soon as it is convenient. Permits are available for purchase at the Police Department Record's Desk in the Vail Municipal Building Monday -Saturday from 8 a.m. to 5 p.m. Topics from the Hotel Group 1. Sprinter Vans A sprinter van is an Oversized Vehicle. It can go through the bus lane in Golden Peak. Oversized vehicles are prohibited from the Hanson Ranch Road Area. 2. 1St Bank The drop-off zone in front of 15Y Bank cannot be used at night because it is too busy. Action Item: The Police Department will start enforcing this zone, after additional signage is installed. 3. Upper Golden Peak Zone The shuttle drivers expressed observations about traffic flow, safety and the use of common sense. They requested ski racks where guests are unloaded to speed the process at Golden Peak. They were also curious if a parking lot attendant could be assigned to help unload gear on busy Saturdays. 10/21/2014 Chief reminded the meeting attendees that only Oversized Vehicles are allowed in the bus lane at Golden Peak. All other regular sized vehicles (courtesy cars and vans) must use the valet area below. They should also keep in mind that Saturdays are very busy in this area. Action Item: Chief will convey the parking attendant and ski rack at Golden Peak suggestions to Vail Resorts. 4. Christiana —Hanson Ranch Road The shuttle drivers felt that the Christiana area needs a more constant flow of traffic and no waiting should be allowed. They would like this area to be considered as a loading zone with no parking allowed. 5. Vail Village 1. There are signs that clearly designate where hotel shuttles should stage at the Village Parking Structure and no additional signs are needed. 2. The TOV buses will complain if shuttles are in the way on E. Meadow Drive or East Lionshead Circle. 3. Checkpoint Charlie may be used for drop-off but do not drive through during prime pedestrian hours. 4. One Willow at the Y is ok but it is tight and can easily become overcrowded. It is better to come from Checkpoint. There are several one-way streets here to be aware of. 6. Lionshead 1. The shuttle line up has been working well. 2. South Frontage Road is difficult to deal with on busy days. 3. The four hotels on the west side of the Village would like to be able to use West Meadow Drive going west bound from the hospital past the library on the bus route to access the oversized shuttle drop off queue instead of getting on the already congested Main Roundabout. They would then return to their hotels via the Frontage Road. Chief replied that in the past this has not been allowed due to the bus route. He said he cannot approve this but will take it to the transportation department to see if they might be willing to grant access to other oversized vehicles. Action Item: Chief will deliver the request about using West Meadow Drive to the transportation department. 7. Lionshead Parking Structure Frustration was expressed about the time it takes to leave the parking structure. A request for an expedited gate was mentioned. Chief responded that the renovation is currently considering this issue and many others. Town of Vail 10/21/2014 Page 2 8. Other Issues Chief brought up several educational points: • There have been complaints about shuttle drivers driving too fast around town. • There have been complaints about hotel shuttle drivers using the vehicles like a private limo service at the TRC. If the PUC catches a car doing this the driver and hotel will be given a big ticket. • Tip jars in hotel shuttles are a minor PUC violation, but not one the PUC chooses to enforce. • The PUC has new investigators that are stricter than the previous investigators. Town of Vail 10/21/2014 Page 3 rowH Of Mit: VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Draft program presentation on disposable bag waste reduction. PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council provide feedback on the recommended program elements. BACKGROUND: The Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, commits the Town to reducing waste, reducing energy and carbon emissions, ensuring that the natural environment, specifically air and water quality, are improved, and that public education and awareness is increased. As environmental leaders, addressing single use plastic shopping bags as an environmental concern is one way many communities across the world have attempted to fulfill similar goals. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council proceed with a disposable bag ordinance that contains the following elements: 1. Ban on plastic bags (carryout bags only) 2. $0.10 fee on paper bags 3. Applicable to grocery stores only (over 3,500 sq ft) 4. Fee collected is designated to environmental education and waste reduction, a portion of which is retained by grocery stores for administration 5. A reasonable timeline for implementation ATTACHMENTS: Disposable Bag Program Memo Bag Program Presentation Attachment A - White Paper Attachment B - Survey Results Attachment C - Draft Ordinance 10/21/2014 TOWN OF 0) VAIL A Memorandum TO: Vail Town Council FROM: Community Development Department DATE: October 21, 2014 SUBJECT: Disposable Bag Waste Reduction I. SUMMARY The Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, commits the Town to reducing waste, reducing energy and carbon emissions, ensuring that the natural environment, specifically air and water quality, are improved, and that public education and awareness is increased. Addressing single use plastic shopping bags as an environmental concern is one way many communities across the world have attempted to fulfill similar goals. This memorandum briefly presents options and a recommended strategy to reduce disposable bag waste in Vail. For a more detailed description of environmental concerns and history of addressing plastic bags in Vail, see Attachment A. II. COMMUNITY OUTREACH AND INTERCEPT/WEB SURVEY Do you think Vail as a community should Please tell us what if any concerns you reduce the use of plastic bags? have about plastic bags. Answered:377 Skipped:8 Answered: 378 Skipped:7 O'effie litter problem 71'82 Yes 7725% u.e spare in landfills' No 185196 use of 5495% Petroleum 1 doM care 423% Net a problem 59.3894 0% 20% 40% 60% 80% 100% 0% 20% 40% Go % 80% Following the presentation of the white paper (Attachment A) in 2013, the Vail Town Council directed staff to seek community feedback on the plastic bag issue as a whole, and gauge public opinion on strategy to reduce consumption. An in-person and on-line survey was conducted, as well as a business -only survey (full details of the surveys may be found in Appendix B). The online survey was conducted over several months, with a total of 407 respondents from the Eagle Valley and out of town guests, with 78% of respondents listing Vail as their primary residence. While the survey was an opt -in format, it provides guidance on the general pulse of the community. 10/21/2014 100% In the Town of Vail Community Survey conducted in 2014, where respondents were asked to rate environmental priorities, 43% rated reducing plastic bags as important or extremely important, while 25% were neutral on the issue. Year round residents had stronger support for restricting the use of plastic bags than did out-of-town respondents. BAG PROGRAM OPTIONS Reduction strategies typically include one or more of the following in order of least to most stringent: Education Bag Recycling Fee on Fee on Ban on Ban on all Incentives Requirement Plastic Plastic plastic, disposable and Paper and Paper fee on bags (Al I (Grocery (All Retail) paper Retail) only (Grocery only) International bag bans/fee systems exist (China, Bangladesh, many countries in Europe including Ireland), statewide initiatives exist nationwide, and many communities across the country have taken action to address single use disposable bags. A sample of comparable programs is found in Table 1. Table 1. Bap Progaram Comparison Community Program All Retail or Program Dollars Grocery Aspen Ban on plastic, 20 Cent fee on Grocery Store retains 50% of fee up paper to a maximum $1,000/month for 1st year, $100/month thereafter Telluride Ban on plastic, 10 cent fee on All Fees toward waste "permitted paper bags" businesses reduction Breckenridge 10 cent fee on paper and All Store retains 50% of fee up plastic businesses to a maximum $1,000/month for 1st year, $100/month thereafter Boulder 10 cent fee on paper and All 40% money collected goes plastic businesses to the store, 60% to address bag -related environmental issues Fort Collins 5 cent fee on all disposable All Fees toward waste bags businesses reduction Carbondale Ban on plastic, 20 Cent fee on All Penalties for non - paper businesses compliance, $50 fines for 1st offense, $100 for 2nd. State of Ban on plastic bags All No fee collected Hawaii businesses State of Ban on plastic, 10 cent fee Grocery Fees toward waste California on paper, compostable bags, and retail reduction and 'reusable' plastic bags Town of Vail 10/21/2014 Page 2 IV. STAFF RECOMMENDATION Staff recommends that a disposable bag ordinance in Vail contain the following elements: 1. Ban on plastic bags (carryout bags only) 2. $0.10 fee on paper bags 3. Applicable to grocery stores only (over 3,500 sq ft) 4. Fee collected is designated to environmental education and waste reduction, a portion of which is retained by grocery stores for administration 5. A reasonable timeline for implementation For discussion purposes, a draft ordinance (loosely based on the City of Aspen's disposable bag requirements) is found in Appendix C. V. ATTACHMENTS A. Plastic Bags and Environmental Concerns — White Paper B. Survey Results C. Draft Language — Plastic Bag Ordinance Town of Vail 10/21/2014 Page 3 To Tote or Not to Tote? �1. JJJ IJfJ 1JJ J J��J.�../�, V/G 1,OT`T-'� /Y. TOWN OF VA _l., A" ibi • Over 1 trillion plastic bags are used every year worldwide. • About 1 million plastic bags are used every minute. • A single plastic bag is used for an average of 12 minutes, but can take up to 1,000 years to degrade. • Less than 1% of plastic bags are recycled • It costs far more to recycle a plastic bag than to make a new one • The U.S. goes through 100 billion single -use plastic bags. This costs retailers about $4 billion ayear and requires 12 million barrels of oil. • Plastic bags are the second -most common type of ocean refuse, after cigarette butts (2008) • Plastic bags remain toxic even after they break down • The average family accumulates 60 plastic bags in only four trips to the grocery store. • Every square mile of the ocean has about 46,000 pieces of floating plastic in it. (UN, 2006) • Ten percent of the plastic produced every year worldwide winds up in the ocean. 70% of which finds its way to the ocean floor, where it will likely never degrade. (UNI 2006) Marine wildlife often mistake plastic bags for food, especially sea turtles hunting jellyfish. Plastic bags are one of the most common items picked up on highway and river cleanup days in Vail Upwards of 20% of municipal waste is plastic 10M, AGING Vail • C 0 V E R E D B R I D G E S T O R E • U < . a `sem fi 7d x, V U Cq • V A I L ,mow C r 1/2814 y 1 R T C 0 M P A N Y • MAIN OFFICES: O'BOS ENTERPRISES, LLC. • P.O BOX 2000 • EDWARDS, COLORADO • 81632 • 970.226.9300 • photo by Peter R,nycn and contains an Anglin 4 montes end recycle= What is Vail Doing about Plastic Bags? • CAST Bag Challenge — 2010 • Bag It Movie — 2012 • White Paper presented to Council in 2013 • Safeway and City Market on boa rd • Community Survey 10/21/2014 Town of Vail I Community Development 1 10/21/14 4 Community Feedback 2013 Q7 Do you think Vail as a community should reduce the use of plastic hags? Yes I dont care Answered: 378 Skipped:? 1812% 43 0 20 4 10/21/2014 60 n.25% 80 100% Policy Leaders Washington, ©C (2009) Fee on Plastic Toronto, Canada (2009) Grocery (1) and Paper Montgomery County, MID S 1-5 All Retail (2) (2011) San Francisco, CA (2007) Seattle, WA (2011) San Jose, CA (2010) Ban on Los Angeles County, CA {2010} Grocery (4) Plastic and Telluride, CO (2011) 5-20 5-10 All Retail (4) Fee on Paper Carbondale, CO (2011) Aspen, CO (2011) Austin, TX (2012) Portland, OR (2011) Outright Ban on Palo Alto, CA (2009) Ban, No Outright Ban, Grocery (1) Plastic j Westport, CT 42x,(�`1612/2014 Fee No Fee All retail (3} Maui County, HI (2008) Collected Collected Bag Program Spectrum Vail's Draft Program: 1. Ban on plastic, 10 cent fee on paper. 2. Applies to: grocery stores only (over 3,500 sq ft) 3. Applies to: carryout bags only (not produce bags) 4. Fees collected: 25% to stores, 75% to fund for waste reduction/educatio 5. May 1St effective d Why these program elements? Vail's Draft Program: • Eliminates plastic • Choice 1. Ban on plastic, 10 cent fee • Grocer stores = the paper. on a Y p p largest contributor 2. Applies to: grocery store g only (over 3,500 sq ft) • Implementable 3. Applies to: carryout bags • Reasonable timeline only (not produce bags) • Precedence 4. Fees collected: 25% to stores, 75% to fund for waste reduction/education 15. May 1St effective date , Simple Solutions • Cleanliness - Wash your bags and produce! • Cost — Grocers keep 25% of the fee, save money on plastic bag purchases and sell reusable bags, gain goodwill • Fees generated go toward reducing waste, inspiring positive change 10/21/2014 Town of Vail I Community Development 1 10/21/14 What's Next? • Council feedback • Draft ordinance revisions • First reading fall/winter 2014 • Community outreach/phase In period • Implementation May 1, 2015 ,WE WANT TO 10/21/2014 HEAR FROM YOU! TOWN OFVAIL � Plastic Bags, Environmental Concerns and Policy Options — White Paper VAIL'S COMMITMENT TO ENVIRONMENTAL SUSTAINABILITY The Town of Vail's Environmental Policy states, "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". The Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, commits the Town to reducing waste, reducing energy and carbon emissions, ensuring that the natural environment, specifically air and water quality, are improved, and that public education and awareness is increased. Addressing single use plastic shopping bags as an environmental concern is one way many communities across the world have attempted to fulfill similar goals. "What is Vail doing about plastic bags?" is one of the most commonly asked questions of the Town's environmental sustainability office, and phone calls and emails are increasing as neighboring counties and towns adopt ordinances. Plastic grocery bags are also the most popular item collected from the environment during annual highway and river clean ups days. HISTORY AND STATUS OF ADDRESSING PLASTIC BAGS IN THE TOWN OF VAIL In 2009, the Colorado Association for Ski Towns issued a Plastic Bag Challenge, in which over 30 towns including Vail competed to record the highest number of reusable bags used at participating businesses. Vail ranked 5th in the Challenge and recorded thousands of reusable bags, increasing reusable bag use at City Market and Safeway by over 1000%. During the Challenge, the Town and local partners purchased and gave away several thousand reusable canvas bags. The Town also conducted bag giveaway days at the grocery stores, during which Town employees bagged groceries in reusable bags for customers. The Town purchased radio spots, posters, and ads in the Vail Daily, visited Red Sandstone Elementary and Vail Mountain School, and over 40 businesses on a regular basis to keep program momentum. Town employees also staffed booths at the front doors of both grocery stores to ask patrons to sign a pledge to reduce plastic bag use, and were given a canvas bag in exchange for their signature. Unfortunately, because of the success of the program in 2009, the 5 cent incentive for bringing a reusable bag no longer exists at local grocery stores. By 2013, reusable bag use has dropped significantly. In 2011 and 2012, the movie Bap It was shown to an audience of over 100 people at the Donovan Pavilion. A sign up sheet for attendees interested participating in facilitating a bag ban in Vail was provided, to which 45 people expressed a desire to participate in a plastic bag ban by providing their contact information. 10/21/2014 While both City Market and Safeway have a plastic bag recycling barrel at the storefront, less than 1.5% of plastic bags used are actually recycled, partly because recycling takes 85 times the amount of energy to produce them', and grocery bag plastic is of such poor quality that recyclability is minimal. In the fall of 2012, town staff contacted store managers at City Market and Safeway regarding plastic bag use and was referred to their corporate offices in Denver. A joint conference call was held with senior managers of Public Relations, who maintain a consistent message with regard to plastic bag use — they do not publically advocate for the elimination of disposable grocery bags, but will support the community in the choices they make. PLASTIC BAGS INTRODUCED IN THE MARKETPLACE Plastic shopping bags were first introduced into the market place in 1974." At this time Montgomery Ward, Sears, and J.C. Penny all switched their shopping bags to plastic. By 1977, supermarkets began offering plastic bags to shoppers and asking the question, "Paper or Plastic?" While shopping bags, both paper and plastic, were originally invented with the sole purpose of packaging and carrying goods at the point of sale, they now serve many other purposes including advertising and branding for specific goods, services, stores or produce providers, just as printed reusable bags can do today. ENVIRONMENTAL IMPACTS OF PLASTIC BAGS Plastic grocery bags, while convenient are not without environmental and financial impacts. "Shopping bags, both paper and plastic, use significant energy and resources to create, recycle and dispose of and are costly to the consumer and to retailers. It is estimated that about 100 billion plastic shopping bags and 10 billion paper shopping bags are used each year in the United States." Plastic bags, made from fossil fuels, require the energy equivalent of burning 12 million barrels of oil every year."' More information on the life cycle of a plastic bag may be found here: Life Cycle of a Plastic Bag. Paper bags are made from a renewable resource or can be made from post consumer recycled materials, and can be more easily recycled and composted. However, virgin paper bags can require up to three times the natural resources over their life cycle as plastic bags.' It is estimated that each year approximately 14 million trees are destroyed to produce 10 billion paper bags for consumers. Plastic grocery bags have a negative impact on the environment and occupy space in landfills where they remain for over 1,000 years. Plastic bags are also a major contributor to marine litter. According to the National Oceanic and Atmospheric Administration (NOAA), there are large, floating garbage patches in the ocean. One study performed by Greenpeace International and the United Nations revealed that 77% of the marine litter observed around the coasts of Spain, France and Italy was of plastic origin, and 92.8% of that was comprised of plastic bags. The direct and indirect environmental impacts associated with plastic marine debris are many, including ingestion, chemical pollutants, and entanglement. Plant life accumulates up to one million times the amount of pollutants found in plastic, which is then persistent in the food chain. More information on this study may be found here: NOAA Study. COSTS ASSOCIATED WITH PLASTIC GROCERY BAGS The costs of producing, recycling, and managing plastic bags as waste are very high. According to Californians Against Waste, "People think of plastic bags as being free. Instead, they actually cost taxpayers millions every year." US EPA estimates that west coast cities spend $13 per resident to keep litter from ending up in our oceans as marine pollution. For California, the overall cost to protect waters from litter is over $412 million each year --with between 8% to 25% Town of Vail 10/21/2014 Page 2 attributable to plastic bags alone according to clean up data from San Jose and Los Angeles County. Based on this information, an estimated $33 million to $103 million dollars is spent each year to manage plastic bag litter in California alone. More information on California's efforts and cost estimates may be found here: CA Bag Facts DISPOSABLE BAG REDUCTION OPTIONS State and Local Governments around the United States and the world have been working to reduce disposable shopping bag production, use, and waste. Reduction strategies typically include one or more of the following in order of least to most effective: Education Bag Recycling Bag Fee Bag Ban Incentives Requirement Education Campaigns like the CAST Reusable Bag Challenge can be effective for a short time in decreasing the use of disposable bags. Consistent messaging communicating the environmental impacts of plastic bags, movie showings, signage, newspaper ads, radio spots, and giveaways, etc. can be used to support these programs. New York State has implemented a plastic bag Reduction, Reuse and Education law that is aimed at increasing education to reduce disposable bag use. Unfortunately education programs alone do not often lead to sustained behavior change. Bag Incentives A bag incentive is a discount off a customer's total bill for bringing their reusable bag. For example, Whole Foods does not offer plastic bags, but offers a 10 cent incentive per reusable bag. Vail's City Market and Safeway have used a 5 cent incentive for reusable bags, which contributes to about 300 reusable bags used during peak summer and winter months. By contrast, the CAST Challenge efforts led to 9,000 reusable bags used per month, and only a fraction of customers using reusable bags were reached through the marketing and giveaway campaigns. Recycling requirement Some communities require retailers and/or bag manufacturers to provide disposable bag recycling. This is more applicable to plastic bags because paper bag recycling is already available through curb -side recycling programs. Recycling requirements can be stand-alone programs or can be coupled with a bag ban or fee. Madison, WI adopted a recycling requirement in 2009 which provides City sponsored drop-off facilities for residents to recycle their plastic bags. In addition, Madison has partnered with local businesses to promote additional locations where residents can drop-off plastic bags for recycling. The program also prohibits residents from disposing plastic bags in the municipal waste program and applies penalties to residents that do not comply. Enforcement and the high cost of maintaining and shipping containers of plastic bags off for recycling is often a barrier to the effectiveness of this measure. Bag Fee A bag fee is a charge on disposable shopping bags. This approach has had moderate success in Washington, DC where a minimum $0.05 fee was applied to disposable shopping bags in 2010. By 2011 approximately $2 million in revenue (only half of what was predicted) has been generated from this policy as well as reducing the number of disposable bags distributed from Town of Vail 10/21/2014 Page 3 270 million down to approximately 55 million. Today, fees in DC are up to 50 cent per disposable bag to further discourage plastic bag use. Fees collected through this program are directed towards cleaning up the Anacostia River where there was a widely recognized environmental issue. A 2011 survey of business owners in Washington, DC reveals that 58% of those surveyed saw no change, while 20% actually observed a positive effect on business after the bag ordinance's passing and 12% saw a negative effect from the bag taxa" Breckenridge and Boulder have both passed disposable bag ordinances that apply a 10 cent fee to both paper and plastic bags, while Telluride, Mountain Village, and Aspen apply 20 cent fees to paper bags and ban plastic bags. Bag Ban A bag ban prohibits the use of disposable bags. The ban can apply to all retail establishments in a community, or just large scale grocery stores, which is most often the case. These bag bans typically focus primarily on banning disposable plastic bags but also include requirements for paper bags. Paper bag requirements typically include a required percentage of recycled content, which ranges from 40 to 100%. Note that bag bans are commonly combined with bag fees. For example, customers in Aspen are charged 20 cents for a paper bag, while plastic bags are banned. This method provides a disincentive but allows the customer the convenience of a disposable bag option. The table below indicates the effectiveness of various disposable bag reduction strategies and is adapted from an in-depth report, Triple Bottom Line Evaluation, Plastic Bag Policy Options, provided by the Brendle Group for the City of Fort Collins. Table 4. Estimated Effectiveness of Policy Types' OTHER COMMUNITIES' BAG POLICIES Florida's Department of Environmental Protection tracks the thousands of bag policies by state, and across the world and is fairly current. The table below provides several examples of community approaches to addressing plastic bag waste. Town of Vail 10/21/2014 Page 4 Percentage of consun'1eFs Level of change expected to chap, a behavior compared to Plastic to Paper to Status Quo Stat Reusable Reusable Status Qua 0% 0% Reference group Education 5% 5% Low Fee- plastic only 37% 10% Medium Fee - all teas 52% 52% High Erin - plaslic only 40% 10` 6 '4ll ilium Ban - all bags >60% >60% High OTHER COMMUNITIES' BAG POLICIES Florida's Department of Environmental Protection tracks the thousands of bag policies by state, and across the world and is fairly current. The table below provides several examples of community approaches to addressing plastic bag waste. Town of Vail 10/21/2014 Page 4 Most recently: City of Breckenridge has adopted disposable bag fees for all retailers City of Boulder has applied bag fees to all grocery stores State of Hawaii has banned plastic bags An interactive map provided by Chico Bags tracks communities where bag measures have been implemented, proposed, or failed. HEALTH CONCERNS ASSOCIATED WITH REUSABLE BAGS Opponents to bag bans have raised health concerns about the reusable bags that would replace the banned disposable bags. One study showed that of 84 randomly collected bags, 12% of them contained harmful bacteria. This bacterial buildup was largely due to the fact that 97% the consumers had admitted to simply not cleaning their bags after previous usage." Communities with bag bans typically accompany any new laws with education on proper washing and storage of reusable bags, and include exceptions for raw meat and seafood transport in disposable plastic bags. ATTACHMENTS A. Triple Bottom Line Evaluation, Plastic Bag Policy Options, Brendle Group, 2012. 'http://www.plasticbagrecycling.org/08.0/SWALCO.pdf http://www.plasticbageconomics.com/index.php?option=com content&task=view&id=21&ltemid=39 http://abcnews.go.com/Technology/story?id=2935417&page=1 " http://www.plasticsindustry.org/AboutPlastics/content.cfm?ltemNumber=788&navltemNumber=1280 http://www.dep.state.fl.us/mainpage/tips/default.htm 'Alice Ferguson Foundation http://www.sustainableplastics.org/files/documents/AFF%201itter_opinion_survey%2OPress%2ORelease%20022311 %20FINAL.pdf " University of Arizona's reusable bag cleanliness study http://uanews.org/pdfs/GerbaWilliamsSinclair BagContamination.pdf Town of Vail 10/21/2014 Page 5 Washington, DC (2009) Fee on Plastic Toronto, Canada (2009) Grocery (1) and Paper Montgomery County, MD 5 1-5 All Retail (2) (2011) San Francisco, CA (2007) Seattle, WA (2011) San Jose, CA (2010) Ban on Los Angeles County, CA (2010) Grocery (4) Plastic and Telluride, CO (2011) 5 20 5 10 All Retail (4) Fee on Paper Carbondale, CO (2011) Aspen, CO (2011) Austin, TX (2012) Portland, OR (2011) Outright Ban on Palo Alto, CA (2009) Ban, No Outright Ban, Grocery (1) Plastic Westport, CT (2008) Fee No Fee All retail (3) Maui County, HI (2008) Collected Collected Most recently: City of Breckenridge has adopted disposable bag fees for all retailers City of Boulder has applied bag fees to all grocery stores State of Hawaii has banned plastic bags An interactive map provided by Chico Bags tracks communities where bag measures have been implemented, proposed, or failed. HEALTH CONCERNS ASSOCIATED WITH REUSABLE BAGS Opponents to bag bans have raised health concerns about the reusable bags that would replace the banned disposable bags. One study showed that of 84 randomly collected bags, 12% of them contained harmful bacteria. This bacterial buildup was largely due to the fact that 97% the consumers had admitted to simply not cleaning their bags after previous usage." Communities with bag bans typically accompany any new laws with education on proper washing and storage of reusable bags, and include exceptions for raw meat and seafood transport in disposable plastic bags. ATTACHMENTS A. Triple Bottom Line Evaluation, Plastic Bag Policy Options, Brendle Group, 2012. 'http://www.plasticbagrecycling.org/08.0/SWALCO.pdf http://www.plasticbageconomics.com/index.php?option=com content&task=view&id=21&ltemid=39 http://abcnews.go.com/Technology/story?id=2935417&page=1 " http://www.plasticsindustry.org/AboutPlastics/content.cfm?ltemNumber=788&navltemNumber=1280 http://www.dep.state.fl.us/mainpage/tips/default.htm 'Alice Ferguson Foundation http://www.sustainableplastics.org/files/documents/AFF%201itter_opinion_survey%2OPress%2ORelease%20022311 %20FINAL.pdf " University of Arizona's reusable bag cleanliness study http://uanews.org/pdfs/GerbaWilliamsSinclair BagContamination.pdf Town of Vail 10/21/2014 Page 5 Part 1: Town of Vail Plastic Bag Online Survey www.surveymonkey.com Purpose: This survey is meant to gather public opinion online, regarding the possibility of a plastic bag ban and or fee in the Town of Vail. Overview: This survey was created by a Town of Vail and AmeriCorps Environmental Steward Intern using surveymonkey.com. The survey was open to the public from July 9, 2013 and ran until August 1st. To date, there have been a total of 385 individuals who have taken the survey. Of these 385 individuals, 155 name Vail, Colorado as their primary residence. Of the remaining 230 responses, 192 of them are from Colorado. Question 1: Where is Your Primary Residence? 10/21/2014 When grocery shopping, do you most often choose: Answered: 383 Skipped:2 Plastic nags provided by the retailer �jm Paper bags provided by 1.57% the retailer Reused Plastic 01, 2.35% paper bags... My own reusable bag 91&2% (cloth,... 0% 20% 411% 60% 811% 100% Q3 When grocery shopping, how often do you bring your own reusable bags? Answered: 385 Skipped:0 Never 17.43% Rarely 9.87% Sometimes Often Always 26.75% 0% 20 40 10/21/2014 60% 80% 100% Q4 What prevents you from using (and reusing) a REUSABLE bag? (check all that apply) Answered: 372 Skipped: 13 Don't have any reusable 2.96%. bags Reusable bags M 6.491 are not clean Forget reusable bags at home or... Reusable bags are too 4.30% expensive Ireuse plastic or 25% paper bags... Nothing 27.4291 61"% 0% 20% 40% 60% 80% 100% Comments on Q4: • This is a choice. You can choose to put reusable bags in your car so they're available at any time. It's about creating new habits. • Doggie bags and garbage liners • When I am traveling I do not use reusable bags as they stay in my car at home and it isn't convenient to pack them • 1 am not a tree, Learjet Libral b*tch who wants to tell others what to do. • 1 try very hard but I am constantly forgetting to bring my reusable bags. If plastic were not available it would be great! • The only time I every throw away a plastic bag is if it is contaminated with food or blood. Otherwise I reuse them in numerous ways. • When traveling I don't have them with me. • But, I do recycle. I think education folks on recycling would be an effective compromise solution. Also, require all rental properties to provide easy recycling. • Just haven't made it a habit to remember to bring my own bags -yet. i try to bring my own bags ... but i think we should have a choice to use the plastic bags • See San Fran study of increased cases of food borne diseases due to dirty re -useable garbage bags! Stay out of this issue, TOV. This is not governments business. • 1 would estimate that based on the life of the one reusable bag that I have had, and the weight of it compared to plastic bags, that it has the same amount of petroleum used per use as a plastic bag. It is just a fad unless you use ones made with plant fiber. The one I has was spun plastic. • Use as trash bags in my house. • Know I don't have to 10/21/2014 ALL reusable bags are made offshore. Grocery checkout and plastic bagging systems are in place to keep counters free from contamination. • Plastic bag industry provides jobs • reusabale bags have their own environmental problems 1 use reusable bags • Never know how many bags I will need. • I have used reusable bags for more than a decade. • Multiple small plastic bags are more convenient my brain... • its a hassle • get 3 cent discount to reuse bags Plastic bags fund the obama re-election campaignHH • It is actually more expensive and unsustainable to use reusable bags if you look at the facts • 1 generally use reusable bags for most items and use plastic/paper for certain types of groceries. Also, I will use paper/plastic on occasions when I make an unplanned run to the store and do not have reusable bags with me. • On the rare occasion I have a plastic bag I reuse it. I use paper bags for garbage. • Use recycled Costco boxes • 1 shouldn't have to pay to bag my own purchases period. • I ONLY us reusable bags • When shopping in Vail don't always have reuseable bag available and many shoppers will be the same. • totally unsanitary, they harbor germs and disease • use them to line the pooper scooper for dog waste • 1 very occasionally use plastic bags from store but then reuse them in small waste bins at home • Only use plastic or paper when I have too many groceries for my reusable bags • Every new plastic bag is clean. • When I am at home, I always use reusable bags. When I am on holiday in Vail, I often forget them - so don't be too draconian about forgetful visitors. • don't like putting meat in cloth bags in case of leaky seals, I use plastic for those items. • Usually strop directly from airport with rental car and have no reusable bag. • Use biodegradable plastic bags For the most part, I always have a reusable bag nearby. • Use cloths bags 99% • We use them to pick up dog waste and to line garbage cans. 10/21/2014 Please describe what you do with plastic grocery bags you receive. (check all that apply) Answered: 383 Skipped:2 Reuse then 32M%recycle Reusethen throw away Recycle 30JM Throw away ■ 8 3$9fi "'on' rece,,e 733% plastic bags Other (please 11.75'r specify) 0 20% 40% 60% 80% 100% Other Responses to Q5: • Only if I forgot the reusable which is rare • Trash liners for small trash cans. • Use as garbage bags or for library books • Dog waste pick up • Pick up dog leavings and then throw away • use it to collect household garbage as condo assoc requires all garbage into bin must be in plastic bags • reuse as dog pick ups • dog waste • dog bags • Use to bag household waste for disposal and prevent litter, ie use as trash bags. • to clean up dog poop, but then put in the garbage :( • Pick up dog poop • 1 use them to clean the kitty litter box • Dogie pick up bags • Put more time into education rather than laws. This is a negative for our week long guests. • pick up dog pooh • use as trash bags ilo other plastic bags • Use as dog poop bags. • reuse them for other purposes • use to make crafts- like crochet into more durable/reusable plastic bags 10/21/2014 • use to make crafts- like crochet into more durable/reusable plastic bags • line garbage cans • Use another persons thrown out bags for my trash bags • To pick up dog poop. • 1 use them to carry my lunch and other things until they start to fall apart and then I use them to bag my trash • use as trash bags • Pick up dog poop • Use them for trash can liners and dog waste pickup • 1 use them as trash bags in the kitchen. • we reuse as garbage bags for household trash, AND we use as doggie bags to pick up dog crap • Clean the cat box with them. • 1 use them to bag used cat litter, for which i would otherwise have to use a new waste paper bag • use to line the pooper scooper • pick up after dog • if I use them in small waste bin at home they are then thrown away with the waste • DOG POOP • 1 use them to line my small trash bags and keepp on hand in the car and at work for the unplanned need to carry something. • kitty litter • garbage bags • Use as trash bags • cleaning up after the dog • Messy food trash (small amounts) so I don't have to use large kitchen -sized bags. • use them as trash bags for small trash cans around house • Pick up dog waste • We use them to pick up dog waste and to line garbage cans. 10/21/2014 Create litter problem Use space in landfills Use of petroleums Not a problems Comments on Q6: Please tell us what if any concerns you have about plastic bags. Answered: 377 Skipped:8 71A2% 0% 19.36% 20% 54.91% 40% 60% 80% 100% • The giant plastic land masses in our oceans and that recycling plastic bags is nearly impossible once you factor in the requirements (pounds required to transport & distance to transport), most end up in a landfill anyway- I can't understand why they even print "recycleable" on them. • Pollute oceans and kill wildlife • Unnecessary • They are not biodegradable - go back to paper!!!!!!! AND at no charge! • Kill animals and hurts the Environment • OCEAN POLLUTION AS SEEN ON BEACHES • The don't biodegrade,litter,use of petroleum • they are clean and safe. I am not supportive of nanny state government. Let people and business maintain the freedom to do what they want! • All the above. • Can be recycled but hard to do that. • Don't know what happens to them and neither do u 1st 3 answers • THEY BLOW! • low in the wind and clutter our beautiful environment. • Oceans - killing wildlife • 1 have traveled to Asia and found plastic bags everywhere, on the riverbanks, the ocean, the beaches, the forests. Plastic bags don't go away. Hotels can supply reusable bags to the guests and the locals can bring their own bags. Getting rid of plastic bags is a necessary idea!!! • Government needs to stay out of this. People are slowly switching to reusable bags. Why not promote reusable bags rather than just pass laws and put the burdan on everyone. Plastic single use bags are sanitary, made mostly from natural gas in the US, are convenient and fully recyclable whereas reusable bags,cotton, woven bags, are mostly unsanitary, made offshore, will soon be put in the trash and never recycled. • Volcanos do more damage than humans ever will and they erupt all the time. 10/21/2014 • kill baby seals • They don't hold much and the retailers often put too few items in them. • We use them to pick up dog waste • 1 put them to good use. • plastic bags are better than the likely alternatives - eg the paper bags they replaced years ago to "save the trees" • they never break down.... • They are often pointlessly used to hold things that are already in a container. Stores often put only one or two items in each one. Hurting birds and fish and our environment. • plastics in landfill leaching into groundwater • that's just the beginning..you might as well ask.."what concerns do you have about cigarette smoking • pollute wild animal habitat both on land and at sea • And harm to animals, fish et al. • Prefer plastic to paper bags • suffocation no breathing • Endangers our wildlife and animals • Non-biodegradeable • Single -use bags, both paper and plastic, represent a huge threat to the environment. This threat is not only related to the sheer volume of them ending up in landfill, but also to the resources needed to produce, transport and (occasionally) recycle them, and the emissions resulting from these processes. Single -use plastic bags are also well known for their interference in ecosystems and the part they play in flood events, where they clog pipes and drains. Envirosacks.com • they are terrible for the environment and turtles mistake then for jelly fish in the ocean • harmful to animals - create a culture of disposable products - single use products need to be eliminated Don't hold much and retailers give you too many. • cost • Terrorists use plastic bags • Speaking from a city (Austin Texas ) that have completely banned plastic bags... we have seen a huge increase in stolen merchandise . Retailers don't know if people have paid for their items or just rolled a cart out full of goods in there own bags. Having 2 vacation homes in Colorado, I think tourists enjoy • Wild life concerns • harmful to wildlife and enviroment • Encourages a wasteful culture • Yes I have a problem with plastic bags creating so much litter, filling landfills and I actually find the reusable bags much stronger and hold more groceries. • See above response and do the real research; if plastic bags at the store are banned, are you going to ban the veggie bags as well as all of them you can buy on the store shelves? • But then again I don't have buy trash bags for our home. All bags are reused. • plastic bags are environmentally more friendly than paper bags in the manufacturing process. Paper bags much more resource intense. The world is awash in oil and gas, We must constantly drill and pump out the oil and gas to avoid the planet exploding from a pressure build up. Seriously more oil/gas then we know what to do with, paper milling is very resource intensive.also palstic bags can be made from recycled plastic bottles. . • Oceans spoiled by them • Adds to what is already a world of litter and non -biodegradable plastic. • They last forever in the landfill unless they are biodegradable • Not a problem if properly and widely recycled • People should consistently throw away refuse. • They do not decompose and blow around town and ruin the landscape. 10/21/2014 • Everyone thinks they can be recycled with regular items, so they're a nuisance in the recycling process. there are too few collection points for them - is Vail City Market the only place? • Plastic bags are cheap -looking and inconsistent with the sophisticated, high-end image Vail is trying to promote to the world. • all of the above. When I lived in Germany you had to buy bags if you forgot your own. It makes it much easier to remember your own bags! • Harmful to animals and sea life. • They are evil 10/21/2014 Do you think Vail as a community should reduce the use of plastic bags? Answered: 378 Skipped:7 Yes T7►,2591t No 19.52% I don't care 423% 0 20% 40% 60% 80% 100% Comments on QT • It should be voluntary • And other Eagle County communities. • Reducing the use of plastic bags should come from education or free giveaways of reusable bags only, not from a ban • More importantly, citizens should use reusable bags and refuse plastic bags when purchasing small items that can easily be carried in our hands. • If worried about environment- stop with the heated streets/sidewalks. Millions of BTU's for that. • Reduce, yes, but not outlaw or charge for their use. • Reduce, yes but not eliminate. Tourists do not carry plastic bags. There should be incentives for locals to use re -usable bags and plastic bags should be free bags for tourists. • have shopkeeper supply free paper bags for purchases • Absolutely!!!! Aspen has as has Calif. and Austin!!! • Only if they were to come up with a different method to where it doesn't fall back on the community and the visitors financially. • Are merchants going to make the customers take their purchases home in their pockets • 1 think it would be hard to ask visitors to pay for plastic bags and they will not be brining bags with them • not only think - but insist!!! • Sooner than later, and ban plastic water bottles, tooth! • Make a real difference and recycle construction and demolished homes. The landfill is filling up with construction; not plastic bags. • It will be challenging. There are a lot of short term visitors who supply their short term stay locally and often don't bring bags. • Of Course!! • paper is always a better alternative • Most of the activity dealing with this issue is based on perceptions and feelings rather than data and facts. In addition, Government has NO business interfering in free market, private business unless • We live in a country of free choice. Feel strongly about it. • 1 think there are much larger fish to fry for the town. Snow melt and other large eco areas for more impact 10/21/2014 • Yes! Yes! There is NO reason to be using plastic bags for groceries! • pastic bags are way down on the list of things TOV can do to help the environment • Absolutely! Let's increase awareness and common sense. If you purchase a purse or backpack do you need a bag? • Generally, the recycling program here is pathetic. This would allow Vail to step up and do something. • We should not supply plastic bags especially at the grocery stores. If we do there should be a good size fee for the bags. • REDUCE, NOT BAN • why does it take you guys YEARS to study what is going on in 3rd world countries like Banglashdesh, Mexico, India and even in LA and Aspen • I think Vail as well as Eagle County should step forward and set an example by eliminating plastic bags. • * I think they should BAN not reduce • Dont eliminate plastic. Just encourage use of own reusable • Hellz yeah! • What's taking so long to get this done? The rest of the world is getting it done. • we can certainly reduce the use but banning them would penalize our guests who come here for extended stays. • YES!!! There was a time when plastic bags were not available. We have changed our behaviors to use them and we can change our behaviors again when they're not available. • YES!!! There was a time when plastic bags were not available. We have changed our behaviors to use them and we can change our behaviors again when they're not available. • Thru enforcement and voluntary actions • 1 would love to see a Bag Ban in effect. Other mountain communities such as Breckenridge and Aspen have done it, why are we so far behind ? • bag it bagit bag it • locals, yes, visitors, no since they normally do not come with some • Vail's sister city is not Baghdad • Reduce not eliminate ! • Vail no due to the tourists and them needing to have reusable bags, Avon, Edwards, Eagle yes do away with plastic bags • 1 don't think freedom of choice should be regulated by governments • 1 do not see this as a pressing issue and certainly not one of sufficient immediate importance to justify banning or charging for plastic and/or paper bags. Reduction of the use of these bags should be voluntary. • places like Vitamin Cottage in Silverthorne seem to have success with this, and they offer used boxes of various sizes for customer use. • Use recycled Costco boxes. Safeway could do the same. • Honest citizens should not have to incur the costs of bagging their purchases wether plastic or not. I am not fooled by companies trying to pass along their costs of bagging to consumers under the guise of going green. Plastic bags arent the problem, the type of plastic used is. If we force our grocers to demand alternative plastics then we will get them, otherwise honest hard working people will suffer the costs of failing businesses looking for creative ways to cut corners at the detriment of the consumer. • VAIL SHOULD BE A LEADER TO SOLVE THIS PROBLEM AND SET AN EXAMPLE FOR THE USA. • Especially, the shops in Vail Village and Lions Head. Shopping there is not for buddgeting purposes. • reduce but not do away with, it is difficult on visitors who don't have reusable bags • This would be a very luddite like thing to do. It is really stupid, but maybe looks good to the uninformed- a conuterproductive and expensive useless gesture. • if they ban them it would just be another reason not to go there • Yes, but not with a fee or ban. Do it with education 10/21/2014 • It is easy to avoid bags, if you change the mindset of retailers and shoppers away from assuming a bag comes with every purchase. • Ban them completely. Other towns are doing it, and we are supposed to leaders/pioneers. • Vail should be leading they way for a better environment because it can. Cheap cloth bags and their recycling can be provided for those who forget or don't have bags. • Only if paper is provided instead. I have gone on vacation where bags are not available and it makes shopping very difficult. • They are everywhere, especially in the village! • Keep in mind that Lodging Guests will not have the opportunity to use Reusable bags. 08 Would you support the following in Fail: (check all that apply) Answered: 292 Skipped: 53 A ben on plastic and XA% paper bags... A ban can plastic bags with a 20... A 20 cent fee for BOTH 39.04% plastic an... A ban on plastic bags at DETAIL... 0% 20% 40% Comments on Q8: I sr% 60% 80% 100% • Banning bags or charging for them would be bad for business • The switch is really not that difficult, it's about training yourself and creating a new habit. I've been plastic bag free for over 2 years now despite having to retrain myself by walking back to the car or walking out of the store with arms full of items. • 1 would support a ban on plastic bags at grocery stores with no penalties for paper bags; for the sake of Vail's tourists retail stores should be allowed plastic bags (paper will not hold up in winter snow/wet, especially walking/bussing back to hotels with large purchases!) • Hawaii has banned all plastic bags and it was not a problem for any tourists. Stores used paper bags. Grocery shoppers brought their own reuseable bags or bought reuseable bags • 1 feel very strongly that there should NOT be any kind of a ban. Although I gladly use my own cloth bags, as a Vail resident they are always in my car. A ban is RUDE, UNFRIENDLY and HEAVY HANDED. I can't imagine telling a family in the check out line of the grocery store, who has just arrived for their ski vacation and is stocking up their condo to now pay for bags- people spend a lot of money to come here, so what an insult and inconvenience that would be! It would be incredibly inconvenient to our tourist guests. I think hotels and lodges can encourage their 10/21/2014 guest to not use plastic bags by providing reusable ones, and we can make a big push for our residents, but a ban would be offensive, causing guests to feel wrong, or unwelcome. • They charge 10 cents in Santa Monica • All options are steps in the right direction • Not really an issue, should be freindlt to those who frequent all the stores and groceries. Provide a bin at more locations so bags can be recycled. • No support for new taxes. • The expulsion of anyone who wants to tell me what bags I can use. (Preferably to China, where I hear they have even more plastic bags.) • Vail would need to provide support to businesses that adhered to this ban. • Why put the onus on grocery stores. They operate at a far lower margin than any other retail operation. Furthermore, this "do good, feel good" is nuts. We are in a community of tourists, visitors etc. and charging them 20 cents for any bag if just unbelievable. Continue to educate everyone on the issue. I remember when we all used paper bags and the plastic bag was the NEW way to go; look how that turned out! Treat everyone alike - no plastic bags for anyone. And now what do people use to pick up their dog poop. Guess they'll BUY plastic bags. Does this mean my paper delivery of the Denver Post won't be in plastic? Sure does make for difficult reading when it's snowing and the paper is in my driveway getting soggy! In a perfect world we would have never started using plastic bags, but we're not perfect. • I think that you need to have an alternative for guests coming to visit that shop at the stores - they are not going to bring their own bags to Vail. I know that I would not. How is it handled in other resort towns? • shopkeeper should cover cost. it is tacky for someone to spend $100 on an item and then be asked to pay 20cents for a bag • 10 cents seems more reasonable, especially for out of town visitors • Vail is a tourist destination and tourists don't carry reusable bags. If you have ever been at the supermarket on a Saturday or Sunday afternoon during the ski season, you will see how ridiculous this idea is. I've seen groups lug 15-20 bags onto their lodge's shuttle bus. They are not going to buy a bunch of reuseable bags that they can't fit into their luggage. If you want to do something, require all businesses to use bio -degradable bags. You can't carry as many paper bags as plastic ones and they tear much more easily. If you force reusable or paper bags on stores, business will be hurt and sales taxes will go down. • Where would this "magical fee" go to??? More bloated Vail government?? • 1 would not support any of these options. • Paper is better recycled than plastic • Not the place of government to make any more choices for me. • 1 do not think the town should dictate on this issue • This is an unfair town governing of consumer goods and should be left up to the individual store owners. • Do NOT penalize our guests just because they travel without there own sho[[ing bag. • Please Vail, stay out of this issue. • If the Town is considering banning plastic and paper bags, this would require the community members and tourists to constantly have a reusable bag with them, regardless if they are grocery shopping or shopping at one of the merchants. Banning these items would hurt the tourism and make it more difficult for the merchants by having to come up with another method to deliver their goods to the customers and potentially affect any crime such as shoplifting etc. As a visitor I wouldn't want to have to worry about whether I had a reusable bag with me if on a whim I decided to purchase an item. And having to pay extra in order to take my groceries home would detour me from shopping in the town, I would take my business elsewhere. I do believe there should be more opportunity around town for individuals to recycle their used plastic bags. Currently you only see the boxes in the grocery stores, they should be visibly available in hotels around different areas of the town, etc. In certain hotels I've seen the individual rooms trash bins separated for trash and recycle. • It is not the right of the town to determine how businesses manage their packaging. This is similar to the bogus NYC ban on sodas over a certain size. Let the customer and the dollar dictate what 10/21/2014 will be used to bag groceries. The Avon City Market is just a few miles away and this will drive customers, including myself, to other stores. • Are paper bags more or less environmentally neutral. It appears that one issue is loose bags blowing around the land fill. Maybe some education is advised on proper disposal. • No too much government for here. I think that u all are wasting your time. Most people here recycle. Try to implement something in bigger cities where it matters. • 1 think a true survey needs to happen at both city market and safeway to get a great idea what locals and tourists thoughts are. This is a tough issue. Also all Vail Village and Lionshead merchants should be contacted to here their views. • where would the 20cent fee go? i don't think bags cost that much, should go back into a recycle program or education • Paper bags are acceptable as they decompose and are useful in other areas • 1 would not support any of these. The town is crazy if they think they should consider this ... What are they going to do? Furnish reusable bags to guests? • 1 am all for reducing the plastic bad problems, but worry what the implications will be for the large # of guests visiting the valley if bags are totally banned. Charging a fee sounds like a better move for guests. • i support getting rid of the plastic bags all together!!!!! • 100% ban on plastic bags as a first step, and then ban paper at a later date. • I'd like to see plastic bags banned. It's horrible to see them stuck in trees, and the litter they create. • does not make enough difference to validate the additional costs to customer and business and the inconvenience to our guest. All of these PC things have a real cost. It seems businesses are doing their part and people can support those who do. • Government interfering in this transfers the cost of bagging from the merchant to the consumer. Be a leader -do the right thing and don't follow Aspen and Breck! Doing it in Vail may drive business down Valley. The big grocery chains love it and will support your effort! • Individual choice in whatever you purchase. We're losing our freedoms. I think I should be given a choice to buy light bulbs, too. • no, less tax. more effort on progrms that will have an impact • none of the above! • 1 would support no ban • 1 want the choice to use plastic, paper, or reusable • If plastic bags are eliminated at grocery store, we will use those provided by TOV for dog waste, which are no different from those provided by grocery store • Retails should be able to apply for exemption if they can justify plastic • NO • NO NO NO NO • Both plastic and paper bags can not be banned. Paper instead of plastic works with reusable bags. • also consider a transition period during which bags cost 5 cents a few months, then 10, then maybe higher later as well. prior to the ban, hold a reusable bag design contest for a vail logo, super cool bag to be offered in our stores for the lowest possible cost. we want our visitors to feel that we love the environment and to learn from us, while bringing their designer bags back to use wherever. • NO I WOULD NOT SUPPORTA BAN! • Other countries do not just give you bags. As a guest of their county I was not put off by this, I planned to bring my own bag. • Its Vail, people come here to spend money, let them pay for bags too • none of the above • No one thinks to take their own bags when retail shopping. Start with grocery stores. • The fee should be more. 20 cents to some is nothing,. • any fee at grocery stores depends on the efficiency of the bagger. 20 cents probably too much 10/21/2014 In some countries, such as Italy, you carry it home in your hands if you don't use a reusable bag, even in upscale clothing, etc. stores! • 1 would be pissed off to have to pay such penalty • we should ban all bags and carry stuff the old fashion way with hands and baskets on our heads • There should also be a 20 cent fee if customers choose a bag at retail stores • NONE OF THE ABOVE - THIS IS TOO DRASTIC AND DEFINITELY PENALIZES OUR GUESTS AND LOW PAID EMPLOYEES. • no ban remove the option to be so wasteful and lazy to not bring your own bag. • Retail will be tougher to deal with as tourists will most likely not tarvel with a reusable bag. Maybe the hotels can start providing them to guests to use during their stay? • 1 think the retail stores should be giving out re-usable/branded bags as well • Aspen has free you can do the same if you really care not charge • ban plastic then do away with paper! • 1 support any combo of ideas that would raise awareness and reduce waste • It works in Europe. • 1 work at one of the grocery stores on Frontage Rd. There has to be some realism here. We have many travelers. They will not have re -usable bags. Just try to encourage use of reusable :-) • 1 will buy less in Vail if a ban or cost is introduced for visitors. I have options. I do support recycle for locals; encourage by giving 3 cents off for reuse • Al Qaeda wins when we use plastic bags • You can't expect tourist (when visiting Vail) to bring their reusable bags in their suitcases. • Who would receive the 20 cent fee and what would it be used for? • How about a fee for plastic bags but not paper and the money has to go to cleanup costs either to the town, CDOT or Watershed Council to help pay for cleanup? • Not sure about retail stores without understanding impact to them • 1 would not support none of the above • What do you have planned for our tourists- Do you think I travel with a reusable bag when I go on vacation! • Make any bag 50c and people will remember them, 20c is too cheap! NO • Having been a resident in Washington DC when they instituted similar bans/fees several years ago, I am STRONGLY opposed to this measure. From the anecdotal evidence I experienced, the ban did very little to reduce usage and simply added additional expense to the already high taxes and fees in the District. Also, as someone who uses reusable bags for most of my purchases but disposable for some grocery items (meats, chicken, wet items), not having the option to use paper or plastic is unacceptable. Similarly, I do not like to be penalized on the rare occasion I have to make an unexpected grocery run and do not have reusable bags with me. I would not support any of the above measures. • My only concern is what are the tourists going to use when they shop? They will probably not bring their own bags w/them. • The visitor would have difficulty at grocery store. • No Ban • 1 support none of these actions! What ever happened to getting a small store credit for being green and bringing your own bags. Why is the consumer being penalized? If anything it should be these businesses who chose to use plastic paying a fee or tax to the community. Again charging people for bags just makes people incur costs otherwise paid by the retailer in the past. • No bans. Better to educate people to not use them. • BAN PLASTIC BAGS AS A FIRST STEP, BUT ALLOW PAPER BAGS NOW, THEN BAN PAPER LATER AS A SECOND STEP. • 1 don't support any of these • 1 don't support a ban • NONE, THIS IS BEGINNING TO LOOK Like just another scheme forjust another tax< NO NEW TAXES 10/21/2014 We are a resort community and we want to encourage retail and grocery sales. Banning Plastic Bags might inhibit sales or infuriate our guests .... not a good idea. • Paper is a waster too. Fees are probably the best way to deter locals. Is there not a bag that deteriorates quickly that can be used for tourists, etc? • none • 1 think grocery stores will need to supply some kind of bags for people that forget them or are not from the area. • Eliminate plastic and charge for paper sounds about right. • none Attention should also be paid to the plastic bags used for bagging in the produce section. • The library uses biodegradable plastic bags to protect library materials that are checked out. I think this is a good thing. • 1 don't support any of these choices. I recently visited a town which did this and.found.it very off putting. Paper bags that I am charged for are not very visitor friendly. Vail is a town which thrives on tourism, and tourists do not bring reusable bags. Charging people for paper bags is also rude, in my opinion. They were kind enough to shop there, why are we charging them more? • None of the above, but encourage reusable bags and provide recycling locations for plastic • WOULD NOT SUPPORT ANY BAN OR FEESHH • Not sure - who would get the 20 cent fee? Does it go toward environmental conservation or recycling efforts? • None of the above. • You will never get people to use paper over plastic if you charge a fee for paper. If you're going to charge a fee for anything, which I don't agree with, charge it for plastic to incentivize using paper. • 1 don't support the government getting involved. Why doesn't one store try it while the other doesn't and see what the consumer decides. My thought is that the retailer thinks they would get hurt by having a ban on plastic bags while the other does not. • 20 cent fee seems quite high, and I think even very small fees (say 5 cents) will change behavior, which is what you want. • 1 don't feel you should put a fee on a bag choice or force someone to buy reusable bags, especially in an environment that relies on tourist dollars for most revenue streams. • 1 really would like to see a complete ban but not sure if it would be well received • Stores don't give us a 20 cent credit for bringing our own bags; maybe 10 cent fee is appropriate. What would that $ be used for? I can't check any of the boxes above without knowing other info. Bags are marketing for stores; paper doesn't cut it when it's snowing/raining. Stores need affordable options to purchase some type of container to put their goods in for customers to transport them. Some of them probably spend quite a bit on swanky looking bags. If there is a ban, can the marketing district (or someone) come up with an attractive, affordable, generalized "Vail bag," in several sizes, that would be used by all retail establishments - so no store would be motivated to give out an additional bag just so a customer is carrying their bag down the street versus one from another store? If there's a penalty fee, does the money go to defray production of these bags? We want to reduce bags, but at some point, you need one. • 1 moved here from Portland, OR. They banned plastic, and it was no big deal - people adapted quickly. • Grocery stores would have to provide cheap, recyclable cloth bags. They would clean and reuse returned cloth bags. TOV would subsidize the cost. • Not up to the government to control • a credit for using your own bag • excellent ideaH • Give a .05 credit for every reusable bag a customer brings with them, don't charge for bags. • This kind of trendy stupidity only costs people money and accomplishes nothing. • None of the above. • 1 think you wld have to charge for both at least for a while to get people in the habit of bringing their own bags • dont support any ban. 10/21/2014 • 1 also support a mandatory recycle policy for all TOV employees with consequences if not followed and similiar policy for any group financially sponsored by the TOV. • A ban on plastic without some viable alternative, like less expensive (subsidized) reusable bags, is going to hurt the guests. Perhaps the loacl business community could offer free reusable bags with their logos on them? • Don't support a ban or fee • You should consider partnering with a business that can use/recycle the bags to produce a product or profit for the business. What would you use the fees generated for? • If you forget your bags it stinks if they are totally banned and you have no options • bag the plastic bag! No ban • none of the above Q9 If 'Vail is not your primary residence, does your home community have a ordinance or fee related to plastic or paper bags? Answered: 227 Skipped: 164 Yes 4,52% No 95°48% 0% 20% 407E 130% 80% 100% 10/21/2014 Part 2: Town Of Vail In -Person (Residents and Businesses) Plastic Bag Survey Results Overview: In total 161 individuals were surveyed in person. Of those, 87 were surveyed in front of City Market in Vail over a period of 2 weeks by a Town of Vail Environmental Stewardship Intern. The other 74 individuals were surveyed at local Vail businesses over a week by the Vail Chamber and Business Association. To reflect the opinion of local businesses, results are displayed in separate charts of only business responses. Total results of the combined City Market and local business responses are also included in a pie chart to show the overall percentages. All respondents to the survey were asked the same three questions. 1) Where is your primary residence? 2) Do you think Vail as a community should reduce the use of plastic bags? 3) Would you support the following in Vail? a) A ban on plastic and paper bags at GROCERY stores? b) A ban on plastic bags and a 20 cent fee for paper at GROCERY stores c) A 20 cent fee for BOTH plastic and paper bags at GROCERY stores d) A ban on plastic bags at RETAIL stores (but allow paper) 10/21/2014 35 30 25 20 15 10 5 0 Ja\\ CO Primary Residence Of Local Business Respondents 80 70 60 50 40 30 20 102 1 1 1 1 1 1 1 x 1 2 2 1 1 2 1 1 OO GO O0 OO GO OO OO OO CO (10 OO GO AO �} �} �} Q� <ZP� & tea` ��• ,°C ay � Qt �( ,fit oC \�k � �t .�,, ,`�� CSO \v`' �cC` ��i> C` m rim J� \ao � c'` C. r GO CO GO GO IA 5 2 1 GO 0 Primary Residence of All Respondents Question #2: Do you think Vail as a community should reduce the use of plastic bags? Should Vail as a community reduce its use of plastic bags? Business Response: wyes ®no d don't care o chose not to respond 10/21/2014 Question #3: Would you support the following in Vail? a) A ban on plastic and paper bags at GROCERY stores? b) A ban on plastic bags and a 20 cent fee for paper at GROCERY stores c) A 20 cent fee for BOTH plastic and paper bags at GROCERY stores d) A ban on plastic bags at RETAIL stores (but allow paper) e) Other f) None of these choices Would you support the fallowing in Vail? Business Response: m ban on plastic and paper bags at GROCERY stores IM ban on plastic bags with a 20 cent fee on paper at GROCERY stores u 20 cent fee for BOTH plastic and paper bags at GROCERY stores U ban on plastic bags at RETAIL stores (but allow paper) u None 10/21/2014 ORDINANCE NO. X SERIES 201X AN ORDINANCE ENACTING TITLE X, CHAPTER XX, VAIL TOWN CODE, "DISPOSABLE BAG REQUIREMENTS", ESTABLISHING REGULATIONS REGARDING THE SALE OF DISPOSABLE BAGS AND ESTABLISHING AN ASSOCIATED FEE AND COLLECTION AND DESIGNATION OF SUCH A FEE, AND PROVIDING DETAILS WITH REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town") is a home rule town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Article 5 of the Charter sets forth the procedures for amending the Vail Town Code; WHEREAS, the Town of Vail is committed to environmental protection and stewardship as well as a healthy community; WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town of Vail has established a goal of reducing the waste going to the landfill by 25 percent by 2019. WHEREAS, use of disposable bags has severe impacts on the environment on a local and global scale, including increased toxicity in the environment, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; WHEREAS, a large portion of the waste in the Eagle County Landfill is plastic bags, and as the Eagle County landfill reaches permitted capacity, it is becoming more difficult and expensive to site, permit and develop new landfill capacity. In addition, plastic bags create operational problems at the Materials Recovery Facility (MRF); WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town of Vail has also established a goal of reducing community greenhouse gas emissions by 20 percent by 2020, and diverting plastic waste from the landfill is one of the most cost effective and efficient ways of reducing greenhouse gas emissions resulting from energy and petroleum products used in processing; WHEREAS, the Town of Vail intends to demonstrate environmental leadership and reduce an unnecessary waste item, while still providing choice to citizens and guests by incentivizing reusable bags, disincentivizing paper bags, a less environmentally friendly option, and removing plastic bags from the waste stream; Page 1 10/21/2014 WHEREAS, the Town of Vail intends to designate funds collected per Ordinance No. X, Series, 201X, toward further waste reduction efforts and environmental education; and WHEREAS, Ordinance No. X, Series 201X, shall be known as the "Disposable Bag Requirements".... NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. TITLE X, CHAPTER XX, is hereby enacted as follows: X -XX -1: PURPOSE: The purpose of this Chapter is to reduce the use of single use disposable bags, with particular focus on plastic bags, in the Town of Vail in order to reduce the town's impact on the environment by decreasing waste deposited in the landfill, energy consumed and carbon emissions, and ensure ongoing waste diversion education in the community. X -X -X: APPLICABILITY. Grocery stores in the Town of Vail. X -X -X: DEFINITIONS: For the purposes of this Chapter, the following definitions shall apply: Disposable Paper Bag: a bag made predominately of paper that is provide to a customer by a Grocer at the point of sale for the purpose of transporting goods. Disposable Plastic Bag: any bag that is less than two and one-quarter mil thick and is made predominately of plastic derived from petroleum or from bio -based sources, provided to a customer at the point of sale for the purpose of transporting goods. Disposable Carryout Bag does not mean: a. Bags used by consumers inside stores to: 1. Package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; 2. Contain or wrap frozen foods, meat, or fish; 3. Contain or wrap flowers, potted plants, or other items where dampness may be a problem; and, 4. Contain unwrapped prepared foods or bakery goods; 5. A non -handled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recyclable paper bag or reusable bag. b. Bags provided by pharmacists to contain prescription drugs; C. Newspaper bags, door -hanger bags, laundry -dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; Page 2 10/21/2014 Grocer. a retail establishment or business located within the Town of Vail limits in a permanent building, operating year round, that is a full -line, self-service market and which sells a line of staple foodstuffs, meats, produce, household supplies, or dairy products or other perishable items. Grocer does not mean: a. Temporary vending establishment for fruits, vegetables, packaged meats and dairy. b. Vendors at farmer's markets or other temporary events. c. Location where foodstuffs is not the majority of sales for that business. d. Location where the facility is less than 3500 sq. ft. Reusable Bag: a bag that is: a. Designed and manufactured to withstand repeated uses over a period of time; and b. Is made from a material that can be cleaned and disinfected regularly; and C. That is at least 2.25 mil thick if made from plastic; and d. Has a minimum lifetime of seventy five uses; and e. Has the capability of carrying a minimum of eighteen pounds. Waste Reduction Fee: a fee imposed and required to be paid by each consumer making a purchase from a Grocer for each Disposable Paper Bag used during the purchase. XX.XX.XX X -X -X: DISPOSABLE BAG REQUIREMENTS On and after the effective date of May 1, 2015 A. Applicability: X -X -XX applies to any grocer operating in the Town of Vail. B. Exceptions: The following persons or entities are not required to 1. XXX C. Voluntary Opt In: Any store or business with a Town of Vail business license may voluntarily opt in to the Disposable Bag Program and apply the waste reduction fee to its business by applying with the Town of Vail Community Development Department. X -XX -X: GROCER REQUIREMENTS: A. DISTRIBUTION OF DISPOSABLE BAGS: It shall be unlawful for any grocer to provide a disposable plastic bag to a customer at the point of sale. Nothing in this section shall preclude persons or Grocers from making reusable bags available for sale or for no cost. B. PAPER BAG FEE: Grocers shall collect from customers, and customers shall pay at the time of purchase, a fee of $.10 for each disposable paper bag Page 3 10/21/2014 provided to the customer. Grocers shall record the number of disposable paper bags provided and the total amount of fee charged on the customer transaction receipt. A grocer shall not exempt any customer from any part of the waste reduction fee for any reason except as stated in X.XX.XX. 1. Retention, remittance and transfer of the Waste Reduction Fee a) A grocer may retain 25% of each waste reduction fee collected up to a maximum of $X per month within the first twelve months of the effective date of this ordinance and $X per month for all months thereafter (City of Aspen's retention amounts are X= $1,000 and $100, respectively). b) The percent fee retained by the grocer is limited to the following allowable uses: i.) Developing, producing, or otherwise providing education about the Waste Reduction Fee to customers ii.) Training staff in the implementation of the Waste Reduction Fee iii.) Improving or altering infrastructure to allow for the implementation, and or collection and administration of the Waste Reduction Fee c) Waste Reduction Fees retained by a grocer for whom this Chapter is applicable shall not be classified as revenue for the purposes of calculating sales tax. d) The remaining 75% of the collected Waste Reduction Fee shall be paid to the Town of Vail and shall be designated for the Waste Reduction Fund only for the following purposes: i.) Producing reusable bags to residents and guests ii.) Recycling, waste reduction infrastructure iii.) Providing environmental education to residents, guests, business owners, and visitors iv.) Waste reduction program administration X -XX -X: VIOLATIONS AND ENFORCEMENT Violation of provisions of this Chapter shall be subject to fines, penalty assessments or penalties according to Section 1-4-1, Vail Town Code, in the same manner as violations for depositing, throwing or leaving any refuse on any public or private property or on any water or watercourse (Section 5-2-8). A. Violations: It shall be unlawful for any grocer to fail to comply with the provisions of this chapter. Violations are subject to fines according to: 1. $50 for the first offense 2. $100 for the second offense 3. Court appearance and penalties determined by the Court pursuant to section X XX.XX Page 4 10/21/2014 C. Audits: Grocers shall maintain accurate and complete records of the fees collected, the number of Disposable Paper Bags provided to customers, the form and recipients of any notice required pursuant to this Chapter, and any records, including accounts, invoices, or other records necessary to verify compliance with the provisions of this chapter and retain for a period of (x) years. The Town of Vail may audit grocers upon 7 days written notice and grocers shall make its records available during regular business hours for the purposes of verification of compliance. All such information shall be treated as confidential commercial documents. Section X. Effective Date: Ordinance 6, Series 2014, shall be in effect as of May 1, 2014. Section X. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section X. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section XX. 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 XX. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this X day of X, 2014 and a public hearing for second reading of this Ordinance set for the Xth day of XX, 201X, in the Council Chambers of the Vail Municipal Building, Vail Colorado. ATTEST: 10/21/2014 Andrew P. Daly, Mayor Page 5 Tammy Nagel, Acting Town Clerk INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND AND FINAL READING this Xt" day of 201X, in the Council Chambers of the Vail Municipal Building, Vail Colorado. ATTEST: Patty McKenny, Vail Town Clerk 10/21/2014 Andrew P. Daly, Mayor Page 6 Tammy Nagel From: Kristen Bertuglia Sent: Friday, October 17, 2014 5:11 PM To: 'Peter Gladkin' Cc: Council Dist List Subject: RE: We are against ANY ban on plastic bags. Good Evening Peter, Thank you for your comments. By way of these email, I am sharing your thoughts with the Vail Town Council. It's difficult to think of another way to collect dog waste other than in a plastic bag for sure, we just bought a roll of compostable baggies and every jacket pocket now seems to be stuffed with them! The item will be up 5th on the agenda Tuesday night if you would like to make your comments publically. Gore Creek is indeed a top priority. Enjoy the weekend, Kristen From: Peter Gladkin [mailto:paladi@att.net] Sent: Friday, October 17, 2014 9:11 AM To: Kristen Bertuglia Subject: We are against ANY ban on plastic bags. As Vail homeowners, and thinking environmentalists who believe in recycle, and reuse. WE ARE AGAINST any bans on plastic bags. We reuse those bags to pick up dog crap„ as do most dog owners. Get rid of those bags and we predict Vail will have tons more dog crap lieing around on its streets, lawns and walkways. Keep Gore creek clean, stop owner encroachment on the banks of Gore Creek. Peter and Vicki Gladkin - TOV homeowners Tammy Nagel From: rmfoodindustry@gmail.com on behalf of Mary Lou Chapman <marylou@rmfia.org> Sent: Friday, October 17, 2014 6:25 PM To: Patty McKenny; Council Dist List Cc: Kristen Bertuglia Subject: Proposed Plastic Bag Ordinance. Attachments: Letter to Vail Council Members.pdf Hello Patty, I am having trouble with your website allowing me to send a note to your council members, I very much want, them to have it before their Tuesday meeting. I have just learned about the discussion, and time commitments will not allow me to be at your meeting. I am copying Kristen Bertuglia also. Will you please pass this message on to each member of the council? Thank you very much. Mary Lou Chapman President Rocky Mountain Food Industry Assn Serving CO and WY Grocers P.O. Box 1083 Arvada, CO 80001-1083 303-478-8587, Mobile 303-830-7001, Office 303-424-7114, Fax marylou(a rmfia.org The RMFIA represents Colorado and Wyoming retail and wholesale grocers and their suppliers. Members include independent, chain and convenience store operators, their wholesalers, distributors and suppliers. The association serves as the voice for its members with state, local and federal legislators and regulatory agencies. The mission is to work to maintain a viable business climate for the food industry throughout Colorado and Wyoming. _ me "Imre of Colorado & ''✓Vfor ;1J9 Renal+ • Groa:Tr 7A7 FOOD INDUSTRY ASSOCIATION TO: Vail Town Council Dear Council Members, P.O. Box 1083 Arvada, CO 80001-1083 Voice: 303.830.7001 Fax: 303.424.7114 It has just been brought to my attention that your council is undertaking discussions regarding a ban on plastic grocery bags, with an accompanying fee on paper bags. Our association would like to add some information to your discussions, and also have the opportunity to give further input should you decide to move ahead with such a proposal. Our association was at the forefront of local recycling efforts begun in the early 1980's. Our local grocers continue to do their part to help to reduce the amount of plastic bag litter. Nearly all grocery stores have plastic recycling bins available at their stores for customers to return not only the store's bags, but also plastic bags from other outlets. They recycle millions of bags each year, at no cost to our customers ... OR their cities. This recycled plastic is used to produce a number of usable products, such as decking, fencing, benches, toys, other bags and wrap. Grocers are also voluntarily using other methods to help reduce the number of plastic bags. We grant that food stores give away more bags, as shoppers visit our stores on a more regular basis because of the obviously consumable nature of most of the stores' products. However, the bags given by our stores are no more harmful to the environment (and in some cases, less) than those you get at hardware stores, office supply stores, dollar stores, clothing stores, mass merchandisers, dry cleaners ... AND your newspaper! Grocery stores work on a much smaller profit margin than nearly any of the other types of stores I mentioned, and they are huge proponents of giving back to the community for schools and community events. They are often the first call for community requests. So, to place this extra cost, burden and stigma on a single type of store and our customers, feels discriminatory at best. Our association does not support efforts that ban only plastic bags. Banning only plastic moves customers to paper bags. Paper bags have their own environmental concerns, as they are bulkier and heavier to manufacture and transport which leads to more emissions. It takes seven trucks to deliver the same amount of paper bags as it does to deliver one truckload of plastic bags. In addition to increased air pollution, the extra trucks use more fuel and add increased highway usage. Paper manufacturing also uses large amounts of energy and adds pollutants to water. Paper bags do not degrade much faster than plastic. The cost of these bags to grocers is many times that of plastic, largely because of the added transportation costs. The small percentage of the 10 cent fee stated in your proposal would certainly not cover the added costs to grocers for the increased purchases of paper bags, as well as the added costs of collection, administration, accounting, compliance, and employee training. The collection of a bag fee also slows down checkout lines, by causing a change in the normal flow of the process. Normally purchases are bagged while they are scanned and the customer is remitting payment. The collection of a bag fee necessitates that process to be halted while the number of bags to be used is determined and then added to the total before payment. Because Vail is such a popular tourist city, we can also anticipate increased discussion time with customers at checkout to explain the details of bag choice. The experience of some of our member companies in other markets throughout the U.S. has proven that the most effective ordinances are those that treat all bags and all retailers alike. We strongly urge you to consider that option, should you decide to move forward with this topic. An additional concern for you regarding a plastic ban in Colorado is that it appears to violate state statute, C.R.S. 25-17-101. Let me close by saying again that we would like to be part of the discussions as you move forward. I worked closely with the staff at Boulder for several months before the enactment of their ordinance last year for disposable bag fees. The result was a relatively smooth transition for stores and customers. I am also attaching for your review, the results of a recent study by the National Center for Policy Analysis. Sincerely yours, Mary Lou Chapman President/CEO Tammy Nagel From: Stephen Connolly <sfcvail@hotmail.com> Sent: Sunday, October 19, 2014 8:23 AM To: Council Dist List Cc: George Ruther; Kristen Bertuglia Subject: FW: Ban the Bag Please read Larry's comments below. Thank you. sfc From: Larry Agneberg [mailto:larry0come2vail.com] Sent: Sunday, October 19, 2014 7:43 AM To: Ban The Bag In Vail Subject: RE: Ban the Bag That is fine. Larry Agneberg Berkshire Hathaway HomeServices Colorado Properties O - (970)476-2485 M - (970)376-7100 Larry@Come2Vail.com From: Ban The Bag In Vail[mailto:BanTheBagInVail@hotmail.com] Sent: Saturday, October 18, 2014 10:24 PM To: Larry Agneberg Subject: RE: Ban the Bag thank you for the comments and support. Would you mind if I forwarded your thoughts to Vail's Town Council? sfc Stephen Connolly sfcvail c(D.hotmail.com 970-376-5798 (cell) 970-476-6826 (phone and voicemail) 970-477-2698 (phone and fax) - ethink * Reduce * Reuse * Recycle From: Larry Agneberg rmailto:larry(abcome2vail.com] Sent: Saturday, October 18, 2014 3:27 PM To: banthebaginvail@hotmail.com Subject: Ban the Bag I am all for banning plastic bags in the TOV. I was recently in Maui and it seems as though you could not find a plastic bag at the grocery stores ... not sure if they had banned plastic, or not. My thought at the time was that if that is the case, they are ahead of Vail in that respect. I think that doing away with plastic bags sends a message to our locals and visitors to wake up, use your cloth bags, and also start recycling while you are at it! This would be a great move on Vail's part. Thanks, Larry LARRY AGNEBERG Associate Broker — Luxury Collection Specialist Berkshire Hathaway HomeServices Colorado Properties C: 970.376.7100 1 Larry@Come2Vail.com 1 0:970.476.2485 1 Come2Vail.com View My Listings Outstanding Knowledge, Experience and Service with Integrity! QHS, BERKSHIRE MkTH N%TiW i tonic Services Colorado Prot}ertics Home of the 2015 World Alpine Ski Championships! Tammy Nagel From: Stephen Connolly <sfcvail@hotmail.com> Sent: Sunday, October 19, 201412:34 PM To: Council Dist List Subject: hope you are enjoying a beautiful day in Vail Attachments: CAST Plastic Bag Reduction Challenge 2009.doc Importance: Low and don't read this until you.have finished a great weekend! s Stephen Connolly sfcvail(aMotmail.com 970-376-5798 (cell) 970-476-6826 (phone and voicemail) 970-477-2698 (phone and fax) X ethink * Reduce * Reuse * Recycle Plastic°Bag Reduction Challenge 2/23/2009 The Town of Vail is inviting residents and guests to participate in a friendly plastic bag reduction challenge to determine which of the more than 25 ski towns from Colorado to Idaho can produce the most uses of reusable bags on a per capita basis. The BYOB (bring your own bag) Challenge begins March 1 and continues to Sept. 1. It's being coordinated by the .Colorado'Association•Of Ski Towns (CAST) and includes participation by Vail, Aspen, Snowmass, Telluride, Mountain Village, Steamboat Springs;. Breckenridge; Winter Park, Crested Butte, Park City, Jackson Hole and Suri Valley. In addition, the towns :of Avon, Eagle '.Gypsum, Basalt; Silverthotne, Dillon;' Frisco, Fraser, Estes Park, Grand Lake, Granby; Mt. Crested,Butte, and the Idaho communities of Hailey and Ketchum, have also. agreed -to participate. Kristen Bertuglia, environmental sustainability coordinator for the Town of Vail, is serving as the local contact for Vail's awareness campaign. She's been making arrangements with representatives from City Market, Safeway, Ace Hardware and Sports Authority to help launch the program. The West Vail businesses have agreed to monitor the number of times a reusable shopping bag is used as an alternative to single -use, disposable plastic bags. In some cases, customers will receive a 5 -cent discount off their bill for using their own bag. Bertuglia says the participating businesses are eager to help their customers make the conversion to reusable bags and she's hoping additional businesses will join the campaign. `By reducing the use of plastic bags in the community, we're helping the businesses become more sustainable, reduce cost and waste, and we're certainly helping the environment," she said. At a consumption rate of 100 billion per year, the US uses 12 million barrels of oil annually to sustain its plastic. bag, habit, translating to over half a billion -dollars per year, according to the Community Office for Resource'Eff ciency (CORE)' -in Aspen. For every 1�00,,,plastic bags manufactured, nearly seven pounds. of carbon dioxide, the major contributor to.global warming, is released'into the atmosphere. Plastic bags also contribute to over 600,000.tons of -landfill waste and are responsible for 1.1 million wildlife deaths each year, according to CORE: The community that uses the most reusable bags on a per capita basis during the six- month competition will be declared the winner by CAST. The winning community will receive a $5,000 grant from Alpine Bank to be used to install a solar panel system at a public school. Bertuglia says the competition is a great way to inspire the community into thinking about how we use our resources. "What a great way to promote very simple every day practices to a more sustainable lifestyle," she said. The Vail Recreation District has joined the local campaign and will assist in education and outreach with local students. In addition FirstBank of Vail is helping to fund 1,000 reusable bags that will distributed throughout the competition. Bertuglia is also encouraging Vail's lodges to provide reusable bags for their guests. "What a statement it will make when our guests are reminded that the Town of Vail values the environment and that they can help us reduce waste, water and energy even when they are on vacation," she said. Bertuglia will be tallying Vail's scores on a monthly basis and will provide ongoing community updates. Comparison reports will be issued halfway through the competition by CAST to keep the challenge competitive to the end. The BYOB Challenge is being initiated following the success of a challenge between Telluride and Aspen in 2008. Between Memorial Day and Labor Day, the two towns eliminated the use of'an estimated 140,359 single -use shopping bags: The benefits of reusable bags are numerous, according to Bertuglia. "For example, each time you use a reusable bag, you replace three plastic bags. In addition to the energy, water and waste savings, you also prevent the use of chemicals that are often carcinogenic and end up as pollutants in our air, water and soil. Plus, 'the more you use those reusable. bags, you inspire others to think`:green.... don't forget to bring them with your" Posters, plus newspaper, television and radio announcements will be used to spread the word about the program. Shoppers will be able to identify participating grocers and retailers by the presence of the 2009 CAST Reusable Bag Challenge poster, which will be posted at the entrance. For more information on how you or your business can actively participate, contact Bertuglia at 477-3455. - See more at: http//www.vailgov.com/release.asp?r id=4603&type#sthash.tZwpsS5z.dpuf Strong Finish for Vail in Bag Challenge 9/23/2009 Vail's fifth place finish in the Colorado Association of Ski Towns (CAST) Reusable Bag Challenge resulted in the diversion of nearly 300,000 plastic bags in exchange for an estimated 100,000 reusable bags within the community, according to results announced this week by the competition organizers. The CAST Reusable Bag Challenge was a competition between 31 mountain towns to encourage the use of reusable shopping bags and raise awareness of the economic, environmental and social impacts of single -use shopping bags. The town of Basalt won the contest, which ran from March to September, and becomes the recipient of a $10,000 solar panel installation for one of its public schools provided by Alpine Bank and PCL Construction. Other top finishers included the combined efforts of Granby,:Winter Park. and Fraser, plus Summit County, Breckenridge and Durango: Since the competition began on March 1, participating stores have been responsible for tallying the use of every reusable bag used or purchased by a customer at checkout. The winner was determined on a per capita basis by which community used the most reusable bags during the six-month period. Collectively, the participating towns eliminated the consumption of an estimated 5.3 million single -use disposable bags, according to Kristen Bertuglia, Town of Vail environmental sustainability coordinator. "The awareness that has-been created throughout our ski towns has been incredible," she said. "The contest has served as a wonderful reminder that we can all make a difference in our habits every day and that we should continue to build upon our success." For those who are wondering if the campaign had animpact, Bertuglia says statistics provided by Vail's�City Market showed the use of only 932 reusable bags during July and August last year, compared to 18,270 reusable bags counted.during the same period this year: In addition to City Market, efforts by Safeway, Ace Hardware, Sports Authority, Vail Delivery, Blitz, West Vail Liquor Mart, Alpine Wine and Spirits, the Vail Public Library, Vail Farmers' Market, FirstBank, Millennium Bank and the Vail Recreation District are to be commended, she said. Participating towns included Telluride, Aspen, Mountain Village, Snowmass Village, Basalt, Carbondale, Gunnison, Silverthorne, Dillon, Breckenridge, Frisco, Granby, Winter Park, Fraser, Avon, Crested Butte/1\4t. Crested Butte, Durango, Eagle, Edwards, Estes Park, Grand Lake, Gypsum, Silverton, Steamboat Springs, Gunnison and Vail. Jackson Hole, Park City, Sun Valley, Ketchum, Hailey and Bellevue also participated. Environmental concern around issues such as litter and, degradation of resources is the primary impetus behind the CAST'Challenge. In the U.S.alone, annual production of disposable grocery_ bags emits nearly 4 million tons of CO2 -equivalent. An estimated 4 billion plastic bags worldwide end up. as litter every year—enough that, tied end to end; the bags -could circle the Earth 63 times. For more information, contact Bertuglia at 477-3455 or CAST Challenge organizer David Allen at (970) 708-7071. - See more at: http://www.vailgov.com/release.asp?r_id=5069#sthash.zn7sYVNG.dpuf Tammy Nagel From: Michael Eve <evemf@sbcglobal.net> Sent: Monday, October 20, 2014 7:47 AM To: Council Dist List Subject: Plastic bags As a dog owner in Vail, I use the plastic bags from the grocery stores to pick up dog waste. Furthermore, my condo association requires that all trash be secured before being desposed. I use the bags to contain some messier refuse. As a result, I am opposed to banning the use of plastic bags. I would have to pay for them and use them anyway. Regards, Michael Eve Sent from my iPad Tammy Nagel From: Patty McKenny Sent: Monday, October 20, 2014 8:50 AM To: Council Dist List Cc: Kristen Bertuglia; George Ruther; 'rmfoodindustry@gmail.com' Subject: FW: Proposed Plastic Bag Ordinance. Attachments: Letter to Vail Council Members.pdf, Plastic Bag Bans Don't Save Cities ... doc Please see an additional letter to the email just forwarded to you from Mary Lou Chapman, Rocky Mountain Food Industry Assn. Thanks. Patty McKenny Town Clerk pmckenny@vailgov.com 479-2136 From: rmfoodindustry0)gmail.com [mailto:rmfoodindust[y@gmaii.com] On Behalf Of Mary Lou Chapman Sent: Friday, October 17, 2014 6:36 PM To: Patty McKenny Subject: Fwd: Proposed Plastic Bag Ordinance. Hello again, Patty. It appears that my 2nd attachment to my previous letter didn't attach. I am sending it here. Will you please add it to my letter for the council members? Thank you again. Should it be necessary to contact me, please feel free to call my cell phone: 303-478-8587. Mary Lou Chapman President Rocky Mountain Food Industry Assn Serving CO and WY Grocers P.O. Box 1083 Arvada, CO 80001-1083 303-478-8587, Mobile 303-830-7001, Office 303-424-7114, Fax marylou@rmfia.org The RMF/A represents Colorado and Wyoming retail and wholesale grocers and their suppliers. Members include independent, chain and convenience store operators, their wholesalers, distributors and suppliers. The association serves as the voice for its members with state, local and federal legislators and regulatory agencies. The mission is to work to maintain a viable business climate for the food industry throughout Colorado and Wyoming. ---------- Forwarded message ---------- From: Mary Lou Chapman <mar lou ,rmfia.org> Date: Fri, Oct 17, 2014 at 6:25 PM Subject: Proposed Plastic Bag Ordinance. To: pmckenn gvailgov.com, towncouncil@vail og v.com Cc: Kbertu lg iana,vailgov.com Hello Patty, I am having trouble with your website allowing me to send a note to your council members, I very much want them to have it before their Tuesday meeting. I have just learned about the discussion, and time commitments will not allow me to be at your meeting. I am copying Kristen Bertuglia also. Will you please pass this message on to each member of the council? Thank you very much. Mary Lou Chapman President Rocky Mountain Food Industry Assn Serving CO and WY Grocers P.O. Box 1083 Arvada, CO 80001-1083 303-478-8587, Mobile 303-830-7001, Office 303-424-7114, Fax marylou(a)_rmfia.org The RMFIA represents Colorado and Wyoming retail and wholesale grocers and their suppliers. Members include independent, chain and convenience store operators, their wholesalers, distributors and suppliers. The association serves as the voice for its members with state, local and federal legislators and regulatory agencies. The mission is to work to maintain a viable business climate for the food industry throughout Colorado and Wyoming. Plastic Baq Bans Don't Save Cities Mo NCPA: Bag Bans Hurt Environment, Have No Impact on Costs December 11, 2013 Dallas, TX (December 11, 2013) — Plastic bag bans hurt the environment and do nothing to decrease costs, according to a new study from the National Center for Policy Analysis. "Bag bans are bad for the environment," said Senior Fellow H. Sterling Burnett. "The alternatives — paper bags and reusable bags —use more energy, use more resources, produce more greenhouse gases and produce more waste and pollution than plastic grocery bags." "In short, plastic bags are the green alternative. They save money, and they save the environment," Burnett added. The study examined six cities that have enacted plastic bag restrictions. Despite claims from bag ban proponents that the bans would reduce costs to cities by reducing litter costs, solid waste disposal, and recycling expenses, cities that have banned the bags show no evidence that the bans have led to a reduction in those costs: • San Francisco banned plastic bags in 2007, claiming in part that the ban would decrease the overall amount of garbage collected. In fact, garbage and recycling rates rose more than 78.6 percent in the city between 2005 and 2013. • Spending for solid waste in Los Angeles County, whose bag ban became effective in 2011, rose 30.17 percent from budget year 2006-2007 to 2011-2012. Projected spending rose 5.9 percent from 2011-2012 to the adopted budget for 2012-2013. • Brownsville, Texas, began enforcing bag restrictions in 2011. For the first two years of the ban, solid waste revenues and expenses have risen. • Washington, D.C., instituted a 5 -cent plastic bag tax in 2010. While the city saw a decline in costs for solid waste collection and removal and sanitation disposal, a. look at the data indicates that the reductions are almost entirely due to budget cuts, not the plastic bag tax. "None of the six cities I examined experienced any measurable savings from their taxes or bans on plastic grocery bags," said Burnett. "Proponents of plastic bag restrictions who claim that restrictions will reduce cities' solid waste costs should have to provide evidence to back up such claims, but this study indicates that they can't." Moreover, advocates of bag bans insist that plastic bags harm the environment. In fact, plastic In bags are actually more environmentally friendly than alternatives, making up just 0.6 percent of all litter. According to the EPA, plastic bags account for less than 0.5 percent of the entire waste stream. Full text: H. Sterling Burnett, "Do Bans on Plastic Grocery .Bags Save Cities Money?" National Center for Policy Analysis, December 2013. H. Sterling Burnett, Ph.D., is one of the country's leading authorities on energy and environmental issues. He is the lead analyst of the National Center for Policy Analysis' (NCPA) E -Team. Burnett's area of expertise includes topics that affect every American, such as government environmental policy, offshore drilling, global warming, endangered species and public lands. Tammy Nagel From: Stephen Connolly <sfcvail@hotmail.com> Sent: Monday, October 20,2014 10:48 AM To: Council Dist List Subject: plastic bag feedback From: thecarrotladyl@aol.com [mailto:thecarrotladyl@aol.com] Sent: Monday, October 20, 2014 10:16 AM To: BanTheBagInVail@hotmail.com Subject: Re: Yes, you may share this with the town council. I was planning on sending them the same letter. Should I? -----Original Message ----- From: Ban The Bag In Vail <BanTheBaglnVail(cD-hotmail.com> To: thecarrotlady1 <thecarrotlady1(cD-aol.com> Sent: Mon, Oct 20, 2014 10:11 am Subject: RE: Thanks for the support. May I share with Vail's Town Council? sfc From: thecarrotladyi@aol.com [mailto:thecarrotladyl@aol.com] Sent: Monday, October 20, 2014 9:43 AM To: BanTheBaginVail@hotmail.com Subject: It is about time we stopped using plastic bags in this world. So many cities around the world and now the state of California have banned one use plastic bags. Just to name a few: many towns in Colorado, Mexico City, many cities in India, Bangladesh, Rwanda, many towns in Australia, and San Francisco. People from all over the world come here. We can set a great example. Come on people. This is not hard. Recycling and not using plastic bags is something everyone should be doing daily. So yes, I support banning plastic bags in Vail. Would be nice for all of Eagle County. Thanks for listening. Andi Saden West Vail Resident for 21 years Tammy Nagel From: Stephen Connolly <sfcvail@hotmail.com> Sent: Monday, October 20, 2014 3:01 PM To: Council Dist List Subject: FW: Save the Planet -----Original Message ----- From: Patty Franke fmailto:platzdog@hotmail.comj Sent: Monday, October 20, 2014 2:48 PM To: banthebaginVail@hotmail.com Subject: Save the Planet Support the "Ban on plastic bags in Vail". We all need to do our part! P. Franke Sent from my iPad Tammy Nagel From: Sent: To: Cc: Subject: October 20, 2014 To Town of Vail Council, Frank Barborek <fjbntx@aol.com> Monday, October 20, 201411:10 PM Council Dist List Kristen Bertuglia; George Ruther Plastic Grocery Bag Ban Tomorrow evening you will listen to Vail resident's and TOV staff recommendations on adopting a ban on plastic grocery bags. As most of the governments that banned bags have done, the people for the bans have spoken the loudest. They have used perceptions, feelings, myths, and innuendoes to persuade, rather than use proven facts and data. My wife and I have been full time residents of Vail for 14 years. We have been avid recyclers for over 25 years and strongly believe in that. I am not anti-government. Before moving to Vail I worked in the chemicals and plastics industry, almost entirely in plastics, for 35 years. During that time I worked on plastics applications development, customer service, marketing and business management. For most of the plastics you see in grocery stores, I have had some involvement either by working with it directly, managing a group working on it, or managing a business. I actually managed a group working with International Paper to develop a plastic grocery bag in the late 70's. We also worked with which at the time was the largest paper merchandise bag producer to convert from paper to plastic. With that, you probably think that I have a bias toward plastic bags. Not so. I have no financial interests in plastic or bag businesses. What I am biased to is that important decisions be made using facts and data rather than perceptions and feelings and incorrect information. I have followed the bans and ban proposals from throughout the country. I have just reread both Vail's proposed ordinance and the 'white paper' that supposedly justified the Town's recommendations. In all cases I have concluded that they started with the goal of a ban and then found support for that without considering and fully understanding all the options. The TOV has essentially followed the trend of other cities. Should the TOV even be involved? Government should not be involved in these issues unless there are significant and compelling threats to the environment, health, or safety, or in some cases economic issues. None of the reasons given for a ban meet that standard. Although I usually don't put much value on surveys, 55 % in the TOV survey said that there was no interest in bag bans or they were neutral. So I represent the 55% majority that thought this was not important. The town hall meeting mentioned in the white paper, again directed toward a ban, said that of 100 that were in attendance, only 45 signed up for follow up indicating their interest in a ban. Neither of these sounds like a mandate to ban bags, especially when all the resources have been directed to a ban rather than putting all the options and issues before the citizens. Before passing a law like this each option should be analyzed with pros and cons of each. Where is the environmental impact analysis? Where are the economics? What is the carbon footprint of each option? What are the real problems with plastic bags Polluting our stream, killing wildlife, toxicity, bags in trees and along the highways are some terms used to stir up ban proponents. I watch for this and do not see ANY significant amount of bags around. Where is the data? What are the facts that support a ban? Health and safety issues with a ban When we were working with IP on a grocery bag (called a sack at that time), the plastic prototype bags were too expensive (heavy) so IP took some to major grocery chains for possible use as reusable bags. Their response was "we don't want customers bringing bags into our stores because they bring in all kinds of contamination to our counters". Potential for theft was another reason given. Some studies have shown that there are harmful bacteria in many bags tested and even with washing are difficult to remove. Even if there were no harmful bacteria present, the reusable bags are can be just nasty, considering where they may be placed. (see references below) Those that use reusable bags today are probably conscientious enough that they may keep their bags clean and maybe wash them some. Banning bags and requiring everyone to bring their bag will exponentially increase the likelihood of serious problems. Plastic bags are produced at 450 degrees F and are sterile and do not present a contamination issue. Made offshore versus Made in the USA In following the ban issue for many years, I have closely watched and found that almost all reusable bags are made outside the US. HDPE plastic grocery bags are all made in the US from US produced natural gas as feedstock (about 90%) and the rest from byproduct of the oil refining process. Government interfering with free market economics Grocery bags have always been a cost or overhead to a grocer (or merchant). By banning plastic bags you are shifting the cost burden directly to the customer. They are then forced to purchase a reusable bag at a price that produces a profit margin for the merchant. Is there any wonder why the grocery stores are not against a ban and do not enter into these discussions? Recycling TOV has made an extensive effort to increase recycling of most materials but has essentially ignored plastic bags as an opportunity for recycling. Reusable bags are made of mostly polypropylene, PET, or cotton. What happens when these bags get torn, the handles tear or they get too dirty? There is no recycle stream for them so they probably go to the dump. Plastic bags are recyclable although they present a challenge because of their light weight. A recycle stream is already available through taking them back to the grocery store. Back hauling by the grocer to the warehouse costs virtually nothing. With sufficient volume, recyclers would be glad to pick up the baled bags for their value. There is potential for recycling other bags and film such as case wrap, bundling films, produce bags, etc. By removing the large volume grocery bag from this stream, it assures that these bags will not have sufficient volumes for a recycle stream. Very little effort has been made to promote recycling of plastic bags and films. The City of San Antonio has begun accepting plastic bags stuffed into a bag to the size of a soccer ball and include it in their regular recycle steam. The plastic bags are compatible to be recycled with other HDPE products such as milk, detergent, and bleach bottles. In summary: -The analysis and recommendations in the ordinance are made with banning bags as the initial goal rather looking at all option -Reusable bags will bring contamination and potential health issues into our grocery stores and are virtually impossible to properly sanitize -Reusable bags are made offshore whereas plastic bags are made in the US from US raw materials -Reusable bags have no recycle stream -Reusable bags shift the costs directly to the consumer and create a profit center for the merchant -Banning plastic grocery bags eliminates the potential to recycle other bags and film -No sufficient and creditable data or facts exist to justify banning plastic bags -recycle streams are available for plastic bags With all due respect to town staff, based on the above issues, I think banning plastic grocery bags is government over -reach and creates more problems that it solves. A letter in the Vail Daily lists the cities that have banned bags and exhorts the TOV to be a leader and do what these cities have done. It seems to me that's a follower. A true leader would look deeper at all the options and perform their own analysis of what is best! The ordinance should not be adopted. I will be glad to discuss this issue with anyone. Thanks for listening. Frank Barborek 970-479-1044 Vail References http://www.mysanantonio.comlopinionleditorials/article/Join-plastic-bag recce-ef�fort- 5 644796.php http://blo gs.sacurrent.comlstaff/recycling-san-antonio-to-accept-plastic-bags-in-curbside- ip ckup/ http://www.bagtheban.com http://www.Ilu.edu/assets/publichealth/documents/ rg_oceiy-bags-bacteria.pdf http://www.huffingtoLapost.com/2013/02/07/plastic-bag-ban n 2641430.html https://www.texasattomey eg neral.gov/opinions/opinions/50abbott/op/2014/pdf/ a� l078.pddf Tammy Nagel From: Stephen Connolly <sfcvail@hotmail.com> Sent: Wednesday, September 03, 201410:52 AM To: Council Dist List Subject: discouragement of one time use plastic bags made from petro chemicals Thanks for the comments from my last email. I would like to reiterate my comments from last night and add one more. I checked with one of the local haulers. Plastic bags are the number one contaminate to loads of recyclables. This has the potential for a load of recyclables to be rejected (worst case scenario). In a best case scenario, they just make more work throughout the process. Either way, plastic bags have a negative impact on the work that has gone into Vail's recycling program. I spoke with a representative from one of our local grocers. His comments were in effect that they will do and support what the community wants to do. We know there will be some local residents who don't agree with this, but for the most part I think you will find that most people will applaud a move in this direction. Probably the biggest benefit to a program that calls for the discouragement of one time use plastic bags made from petro chemicals is awareness. Awareness that our actions, both large and small, has an impact on the planet, both positive and negative. Awareness that we all have to start somewhere and keep going in all ways possible to save this planet. Awareness that this is not about us but is about our children and our children's children. This could also be a great way to educate our guests with the hope that they will take a valuable lesson home with them. Thank you for reading. sfc Stephen Connolly sfcvail @hotmail.com 970-376-5798 (cell) 970-476-6826 (phone and voicemail) 970-477-2698 (phone and fax) Plethink * Reduce * Reuse * Recycle Tammy Nagel From: Stephen Connolly <sfcvail@comcast.net> Sent: Tuesday, October 21, 2014 8:32 AM To: Council Dist List Cc: George Ruther; Kristen Bertuglia Subject: Disposable Bag Ordinance - we can do better We can do better than this: 1. Ban on plastic bags (carryout bags only) 2. $0.10 fee on paper bags 3. Applicable to grocery stores only (over 3,500 sq ft) 4. Fee collected is designated to environmental education and waste reduction, a portion of which is retained by grocery stores for administration 5. A reasonable timeline for implementation You will see an impressive and compelling presentation tonight. I am hopefully that you will also see significant interest by the public during this topic discussion. Please consider that the public has really only been involved for about two weeks. Single use plastic bags need to be removed from ALL sources, not just grocery stores. Let's not just be politcally correct. Let's do the right thing. The fee of $.10 is too little. $.20 is found in other resort/visitor based economies. Some will never change, but which is a better motivator/reminder - a dime or a quarter? Our retail community is already moving in this direction. Given a deadline of May 2016, our retailers will be able to make this happen without a major burden. Some of our local retail concept stores (Patagonia, The North Face, etc) have already done away with plastic bags, regardless of how many times they can be used. Restaurants need to be included. SF has already done this. Aspen will have to start their process over again to address this business sector. Include it now with a longer deadline. Avoid the brain damage down the road! (I have always used the Grocery - Retail - Restaurant model from SF. Aspen believes that Restaurants are more of a source of single use plastic bags than Retail. Let's do what our research tells us to do.) The grocers have been expecting this. ALL grocery stores should be involved. I believe that 3,500 sf would exempt a 7 - Eleven sized store. ("Convenience" is what has gotten us into this mess in the first place.) All sources need to be addressed. (One of our local liquor stores has already done away with plastic bags, sees most of their customers passing on paper bags, and anecdotally, feels that about a third of their customer base take paper bags. Others use cardboard boxes.) Please consider this time line: May 2015 - ban all single use plastic bags in the Town of Vail. (Determine a single use as less than 50 uses and use a thickness that is reasonable for the majority of our stores right now.) October 2015 - implement a $.25 fee on all paper bags in Grocery stores. May 2016 - eliminate the plastic bag in Retail stores and implement a $.25 fee for all paper bags in Retail stores. October 2016 - eliminate the single use plastic bag in Restaurants and implement a $.25 fee for paper bags in Restaurants. Thanks for reading. sfc Stephen Connolly sfcvail(ahotmail.com 970-376-5798 (cell) 970-476-6826 (phone and voicemail) 970-477-2698 (phone and fax) 14ethink * Reduce * Reuse * Recycle Tammy Nagel From: Stephen Connolly <sfcvail@hotmail.com> Sent: Tuesday, October 21, 201410:33 AM To: Council Dist List Subject: opposition to the Bag Ban Below are counters to some Typical arguments against. banning the bag. If you want get some background on raw material CO2 footprint, this site has some baseline values that are well cited: http://timeforchange.org/plastic-bags-and-plastic-bottles-CO2-emissions. You should note that this does not take into account manufacturing energy use which would vary by manufacturer, but would always be in addition to the 6 lbs. For comparison, a gallon of gas is around 20 lbs of co2. It's tough to get at any solid number unless you get safeway or citymarket to send you their yearly bag usage in lbs . You could reasonably state that it is a modest reduction in co2 locally, but the hope is to use our status as a leading resort destination to help the overall goal of a country wide ban which would have massive reduction effects. "Government should not be involved in these issues unless there are significant and compelling threats to the environment, health, or safety, or in some cases economic issues." I'd take the opposite view - humans are poorly designed to analyze long term and non-visible threats. It is the job of government to make these smarter long term decisions. Significant and compelling threats are easily understood by the general public and are usually dealt with very efficiently by private industry. If your product is literally killing people in the matter of days, people will stop buying it and you will go out of business. We deal well with lions and tigers, but not with understanding long term risk. "Polluting our stream, killing wildlife, toxicity, bags in trees and along the highways are some terms used to stir up ban proponents. I watch for this and do not see ANY significant amount of bags around. Where is the data? What are the facts that support a ban?" I would love for Kate or someone else from the Eagle River Watershed Council to talk about their highway cleanup or stream projects here? Not sure if this person has ever participated. the Vail Mountain Cleanup day, and this year, there were a significant amount of plastic single use bags picked up by volunteers and sorted out by staff. "Health and safety issues with a ban" True, they found E Coli and some other bacteria on bags. I'd be surprised if they didn't find it. The truth is, E Coli is EVERYWHERE. There is probably bacteria on your hands than on your reusable bags. I had a first responder instructor tell me once when talking about infections and patient safety "everything on earth is covered in a fine layer of poo". The press reported a study (funded by the American Chemistry Council, which represents bag manufacturers) with words like "Deadly foodborne pathogens" and httD://www.nr)r.ore/bloes/health/2010/06/25/128105740/plastics-industry-funded-studv-finds-bacteria-in-reusa ble- grocery-bags Offshore vs. USA. I agree here that wording should be used to encourage US produced reusable bags. There are many in the USA and we have had no trouble finding cheap, quality bags made in the USA. Aspen uses a company in Rifle for their "Town Bags". The company used recycled plastics to make the reusable bags Recycling — there are some products out there that are in theory recyclable, but in practice, there would have to be heavy subsidies paid for by the taxpayer in order to recycle them. The economics of recycling plastic bags do not work out. People have looked at export markets in the past to solve this, but that means burning more fuel to load them on a cargo ship, and then you are also basically doing the single worst thing possible: bringing loosely baled bags from inland areas to the oceans, where wildlife is the most sensitive to them. Theft — probably referring to some articles from seattle and San fran that also mention heavy homeless and transient populations. Not sure Vail would have the same problem, but if theft was a major issue, to use his logic, you would probably see CityMarket and Safeway entering with public statements. Sfc Tammy Nagel From: Tina Wilson <tinawilsonvail@gmail.com> Sent: Tuesday, October 21, 2014 12:41 PM To: Council Dist List; Kristen Bertuglia Subject: Bag Ban Dear Town Council members and Ms. Bertuglia, I fully support a plastic bag ban at the Vail grocery stores. I am happy to bring my reusable bags with me. I feel very, very strongly, however against charging 10 cents a bag for paper bags. In consideration of the tourists we welcome to our town, our plastic bag ban should be done in a friendly, accommodating and nonjudgmental manner. Charging for grocery bags, no matter how nominal the amount, feels like a punishment. I have been on the receiving end of being charged for bags, in Carbondale, and it is not a nice feeling. Let's do all we can to encourage everyone to bring their reusable bags, but if they forget them or if they are traveling (and therefore probably have left their reusable bags in their car at home) please have the grocery stores bag their groceries in paper bags with a smile and a thank you for shopping here, not a fine. Sincerely, Tina Wilson Tammy Nagel From: Dave Braune <dpbraunevail@comcast.net> Sent: Tuesday, October 21, 2014 6:17 PM To: Council Dist List Subject: Plastic Bag Ban Bad idea. Check out recent items on CNBC/Fox News/WSJ about the unintended consequences of San Francisco (and California's) ban. Another Green Lobby boondoggle. C Dave Braune 630-649-4902 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Resolution No. 29, Series of 2014, A Resolution Approving an Emergency Response Services Intergovernmental Agreement Between the Town of Vail and Eagle County; and Setting Forth Details in Regard Thereto. PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Resolution No. 29, Series of 2014. BACKGROUND: Vail Fire and Emergency Services has historically provided emergency response services for incidents outside Town limits occurring on Vail Pass between mile markers 182 and 190 on Interstate 70. Vail Pass is located within the corporate limits of Eagle County (the "County"). The Town and the County desire to enter into a formal agreement whereby Vail Fire will provide for the Town's continued provision of emergency response services for incidents occurring on Vail Pass for 2015. ATTACHMENTS: Resolution No. 29, Series of 2014 10/21/2014 RESOLUTION NO. 29 Series of 2014 A RESOLUTION APPROVING AN EMERGENCY RESPONSE SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Vail Fire and Emergency Services, a department of the Town ("Vail Fire"), has historically voluntarily provided emergency response services for incidents occurring between mile markers 182 and 190 on Interstate 70 ("Vail Pass"); WHEREAS, Vail Pass is located outside of the corporate limits of the Town, but within the corporate limits of Eagle County (the "County"); WHEREAS, the County desires to enter into an Intergovernmental Agreement ("IGA") with the Town whereby Vail Fire will provide emergency response services for incidents occurring on Vail Pass; and WHEREAS, The Council's approval of Resolution No. 29, Series of 2014, is required to enter into an IGA NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with the County on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21St day of October, 2014. Andrew P. Daly Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 29, 2014 10/21/2014 EXHIBIT A EMERGENCY RESPONSE SERVICES AGREEMENT THIS EMERGENCY RESPONSE SERVICES AGREEMENT (the "Agreement") is made and entered into on the _ day of , 2014 (the "Effective Date"), by and between EAGLE COUNTY, COLORADO (the "County"), and the TOWN OF VAIL, COLORADO (the "Town") (each referred to as a "Party" and collectively as the "Parties"). WHEREAS, Vail Fire and Emergency Services, a department of the Town ("Vail Fire"), has historically voluntarily provided emergency response services for incidents occurring between mile markers 182 and 190 on Interstate 70 ("Vail Pass"); WHEREAS, Vail Pass is located outside of the corporate limits of the Town, but within the corporate limits of the County; WHEREAS, by executing this Agreement, neither Party is admitting to nor accepting the legal or financial obligation to perform the emergency response services identified herein. However, the Parties recognize the unique impacts to the health, safety and welfare to our citizens and local economy when Vail Pass remains closed; WHEREAS, the County now desires to enter into a formal agreement with the Town whereby Vail Fire will provide for the Town's continued provision of emergency response services for incidents occurring on Vail Pass; WHEREAS, the Town agrees to render such services based on the terms and conditions set forth in this Agreement; and WHEREAS, this Agreement is authorized by C.R.S. § 29-1-203. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Services. The Town shall provide emergency response services on Vail Pass at the same level of service as is provided by the Town within its own jurisdiction. 2. Designated Contact Persons. Each Party shall appoint a Designated Contact Person under this Agreement. 3. Reports. The Town shall provide an annual written report to the County detailing the emergency response services provided under this Agreement. Said report shall, at a minimum, detail the number and type of emergency responses, the number and type of medical services provided, response times, and hours of investigation services. 4. Employ. All officers and personnel of the Town providing services under this Agreement shall remain Town employees and the Town shall be responsible for any and Resolution No. 29, 2014 10/21/2014 all actions or inactions of its employees while performing the emergency response services identified herein. 5. Hold Harmless. The County shall hold the Town and its officers, insurers, volunteers, representative, agents, employees, attorneys, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement. 6. Term and Termination. a. This Agreement shall become effective on the Effective Date. Unless otherwise terminated as provided herein, the term of this Agreement shall be through December 31, 2014; provided that the Agreement shall automatically renew for one successive year on January 1St of each year unless otherwise terminated as provided herein. Notwithstanding anything herein to the contrary, no payments will be due in calendar year 2014. The 2015 payment will be due on February 28, 2015. Any extensions beyond 2015 will be by mutual agreement of the Parties. b. Either Party may terminate this Agreement at any time and in its sole discretion upon 60 days advance written notice. Upon termination, the County will not be entitled to a prorated refund for any current year payment that has been made. 7. Compensation. For the services provided by the Town, the County agrees to pay the Town a total annual sum of eighty seven thousand five hundred dollars ($87,500) to be paid annually by the end of February for the current calendar year. 8. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by a Party shall not constitute a waiver of any of the other terms or obligations of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. Resolution No. 29, 2014 10/21/2014 f. Modification. This Agreement may only be modified upon written agreement of the Parties. g. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. h. Governmental Immunity. The Town and its officers, attorneys and employees and the County and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees or the County and its officers, attorneys and employees. Neither the Town nor the County and their respective employees shall be deemed to assume any liability for intentional or negligent acts or omissions by the other Party, or any officer, agent or employee of the other Party. i. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town or the County not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. Notwithstanding anything herein to the contrary, if applicable funds are not appropriated for a forthcoming Term, the County or Town may terminate this Agreement without penalty, effective upon the commencement of the period for which funds have not been appropriated. The Parties will use their best effort to notify the other Party of such non -appropriation of funds and resulting termination at the earliest possible date. Nothing herein shall be interpreted to limit or otherwise restrict the County or the Town's discretionary budget making -decisions, including but not limited to the decision to continue to provide services or make payments hereunder in any future budget year. Specifically, neither Party shall have any financial obligations under this Agreement after, nor shall any payments be made to any Party in respect of any period after December 31 of any year, without an appropriation therefore in accordance with a budget adopted by the Party's governing body in compliance with Article 25, title 30 of the Colorado Revised Statutes and the Local Government Budget Law (C.R.S. 29-1-101 et. seq.). The County's decision to fund future emergency response services hereunder may be influenced by many things, including but not limited to the continuing availability of PILT funding, the continued efforts to find additional funding partners, competing requests for County financial resources, and the overall financial health of the County. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. Resolution No. 29, 2014 10/21/2014 TOWN OF VAIL, COLORADO Stan Zemler, Town Manager ATTEST: Patty McKenny, Town Clerk COUNTY OF EAGLE, COLORADO Jill Ryan, Chairman of the Board of Commissioners ATTEST: Resolution No. 29, 2014 10/21/2014 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Second Reading of Ordinance No. 15, Series of 2014, An Ordinance Repealing and Reenacting the Approved Development Plan for Special Development District No. 8, Fallridge, Pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to Allow for the Conversion of Three Commercial Condominiums to Three Residential Condominiums, Located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and Setting Forth Details in Regard Thereto. (PEC140033) PRESENTER(S): Joe Batcheller, Community Development ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 15, Series of 2014, upon second reading. BACKGROUND: The applicants, represented by Matthew King, are requesting a second reading of Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2014, with a vote of 4-3-0 (Bruno, Moffet, and Rogers opposed). For the second reading, the Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 15, Series of 2014. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Town Council approves the second reading of Ordinance 15, Series of 2014, with the following conditions: 1) The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; C-3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. 2) Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code.Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C-1, C-2, and C-3. ATTACHMENTS: Town Council Memorandum Ordinance 15, Series of 2014 10/21/2014 TOWN OF Memorandum TO: Vail Town Council FROM: Community Development Department DATE: October 21, 2014 SUBJECT: Second reading of Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. (PEC140033) Applicants: FRCS LLC, William Pierce, and Mery Lapin, represented by Matthew King Planner: Joe Batcheller I. SUMMARY The applicants, represented by Matthew King, are requesting a second reading of Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2014, with a vote of 4-3-0 (Bruno, Moffet, and Rogers opposed). For the second reading, the Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 15, Series of 2014. II. DEVELOPMENT STATISTICS Should Ordinance No. 15, Series of 2014, be approve, the development statistics in Fallridge will change as follows: Standard Existing Proposed 10/21/2014 IV Density Dwelling Units (DU) Residential Floor Area Commercial Floor Area Parking 54.6 DU's per acre 71 DU's 85,000 s.f. 5,132 s.f. (5,250 s.f. allowed) 140 (143 per SDD8)* 56.9 DU's per acre 74 DU's 90,250 s.f. 0 s.f. 140 PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On September 22, 2014, the Planning and Environmental Commission recommended the Vail Town Council approve, with conditions, Ordinance No. 15, Series of 2014, upon second reading, with a vote of 7-0-0, with the following conditions: The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; C-3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C-1, C-2, and C-3. This recommendation was based upon the review of the criteria outlined in the September 22, 2014, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2014, upon second reading, the Community Development Department recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 15, Series of 2014, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) /Lot 2, Sunburst Filing 3, and setting forth details in regard thereto." Town of Vail 10/21/2014 Page 2 Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2014, the Community Development Department recommends the Council applies the following condition: 1. The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; C-3, 1,517 sq. ft.) in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C-1, C-2, and C-3. Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2014, the Community Development Department recommends the Council makes the following findings: 'Based upon the review of the criteria outlined in the September 22, 2014, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." V. ATTACHMENTS A. Ordinance No. 15, Series of 2014 Town of Vail 10/21/2014 Page 3 ORDINANCE NO. 15 SERIES 2014 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 17, SERIES OF 1977, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 8, FALLRIDGE, TO ALLOW FOR THE CONVERSION OF THREE COMMERCIAL CONDOMINIUMS TO THREE RESIDENTIAL CONDOMINIUMS, AND SETTING FORTH DETAILS IN REGARD THERETO 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; and WHEREAS, Ordinance No. 17, Series of 1977, established Special Development District No. 8, Fallridge, per the approved development plan; and WHEREAS, Ordinance No. 6, Series of 1982, amended Chapter 18.41, Vail Town Code, per the approved development plan; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to reestablish Ordinance No. 17, Series of 1977, to amend the approved development plan, allowing for the conversion of three condominiums from commercial use to residential use, and WHEREAS, said commercial property is an outlying use, while permitted, in what is a predominantly residential area of Vail, and WHEREAS, Special Development District No. 1 established a development plan for the Sunburst Subdivision that was never fully realized due to financial insolvency, leaving Phase I (Fallridge) as a remnant of incomplete development in an area with a much different arrangement and intensity of land uses than originally envisioned, and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on September 22, 2014, on the major amendment application and has submitted its recommendation of approval with conditions to the Vail Town Council by a vote of 7-0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and 10/21 /2114 Ordinance No. 15, Series of 2014 WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have been fulfilled; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to re-establish Special Development District No. 8, Fallridge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1977, IS HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS FOLLOWS: Section 1. The approval procedure prescribed in Section 12-9A-10, Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 8. Section 2. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, Ordinance No. 17, Series of 1977, is hereby repealed and reenacted, amending the development plan for Special Development District No. 8, which eliminates commercial as a permitted use for Lot 2, Sunburst Filing 3. Section 3. Special Development District No. 8, a special development zoning district, is hereby established for the development of a certain parcel of land comprising 1.3 acres in Sunburst Filing 3. The Official Zoning Map is hereby amended by the addition of the following provisions set forth as "Special Development District No. 8" and a map which shall become an addition to the Official Zoning Map. Section 4. Purposes: Special Development District No. 8 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard districts on the area. Section 5. Established: Special Development District No. 8 is established for the development of multi -family dwelling and nemmerGiol eRterp4se on a parcel of land comprising 1.3 acres in the formerly created S -DI SDD1 area of the Town Special Development District 8 and said 1.3 acres is referred to as "SDD8". The existing building consisting of 74 74 dwelling units contains approximately 55,000 90,250 square feet of gross residential floor area and approximately F 7cn square foot of nemmerniol space and �3 140 underground parking spaces, and shall be included in SDD8. 10/21/114 Ordinance No. 15, Series of 2014 Section 6. Permitted Uses: In SDD8 (existing building), the following uses shall be permitted: A) Multiple family residential dwellings. B) AGGessory retail and restaurant and serviGe establishments net more than 5,250 square foot innli �rding the following: e Apparel stores Art supply stores and galleries Rook stores Camera UTTT Candy stores Chinaware rn Spenlalty Florists v(`_oft stores m�n� Hobby stores jewelry Leather -Liquor nor steres Newsstands Sporting Stationery To�i� vy-s ores Variety stores Barber shops Beauty shops Travel and Delicatessens GOGktail Coffee shuns Fountains Restaurants stores and photographin studios and glassware stores food stores stores goods stores and tobango stores goods stores stores tinket agengoes with food seryone lounges, taverns and bars and sanrdWigh shops G)The leasing aGcommodate D)Additional arrorrd or selling of eXGess parking spares in order to attempt to automobiles generated by development on adjoining property. businesses or seNiGes determined to be similar to permitted uses with the provisions of 10.66.040. hereof Section 7. Conditional Uses: In SDD8 the following conditional uses shall be permitted subject to the issuance of a Conditional Use Permit in accord with the provisions of Chapter 189 12-16, Conditional Uses, Vail Town Code, hereof: A) Public utility and public service uses. B) Public buildings, grounds and facilities. C) Public or private schools. D) Public park and recreational facilities. E) Meeting rooms. F) Major arGade, so long as it does Rot have any exterior frontage on any publ4iG 10/21/114 Ordinance No. 15, Series of 2014 .:....._.., _gin„:.......: . Section 8. Accessory Uses: In SDD8 the following accessory uses shall be permitted: A) Indoor and outdoor recreational facilities, including but not limited to, swimming pools and tennis courts. B) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of 130 Section 12-14-12, Home Occupations, Vail Town Code, hereof. C) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. Section 9. Development Standards: General Density Plan of SDD8, existing building maximum gross residential floor area (square feet): 85,000 90,250. Maximum number of dwelling units: 74 74. Maximum gFOSS GOMMeFGial f!E)E)F area (square feet). 5,250. Underground parking spaces: 443 140. Section 10. Recreational Amenities: The developer shall provide a parcel of land of approximately 2 acres from land adjacent to SDD8, presently owned by it and not necessarily contiguous to the SDD8, which parcel shall be used for recreational amenities to be provided by the developer, and determined jointly by the developer of SDD8 and the developer of said adjacent land subject to approval by the Town. The owners of dwelling units located within SDD8 shall be entitled to use such amenities pursuant to the rules and regulations of the homeowners' association governing the recreational amenities parcel of which all owners of dwelling units in SDD8 and on said adjacent land are members. Section 11. Conditions of Approval: 1. The applicants shall each mitigate the employee generation impact created by the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.; 1,517 C-3, sq. ft.) in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their specific unit's impact according to the methods and timing prescribed in Section 12-24-6, Methods of Mitigation, Vail Town Code. 2. Prior to requesting a Final Planning Inspection, the applicants shall amend the plat and governing documents regarding the change in use for units C-1, C-2, and C-3. Section 13. 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 10/21/214 Ordinance No. 15, Series of 2014 phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 14. 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 15. 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 16. 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 7t" day of October, 2014, and a public hearing for second reading of this Ordinance set for the 21 st day of October, 2014 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21 st day of October, 2014. ATTEST: Patty McKenny, Town Clerk Andrew P. Daly, Mayor 10/21/26914 Ordinance No. 15, Series of 2014 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Second Reading of Ordinance No. 16, Series of 2014, An Ordinance Amending the Vail Town Code by the Addition of a New Section 6-3D-6, Prohibiting the Use of Compressed Flammable Gas in THC Extraction in Town Vail; and Setting Forth Details with Regard Thereto. PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 16, Series of 2014. BACKGROUND: Since the adoption of Amendment 64, Colorado residents are attempting to extract THC from their personal use marijuana plants within their homes using compressed flammable gas as a solvent. Newly adopted C.R.S. § 9-17-113 expressly authorizes municipalities to prohibit this practice. ATTACHMENTS: Ordinance No. 16 Series of 2014 10/21/2014 ORDINANCE NO. 16 SERIES 2014 AN ORDINANCE AMENDING THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 6-3113-6, PROHIBITING THE USE OF COMPRESSED FLAMMABLE GAS IN THC EXTRACTION IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS WITH REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, in 2000, Article XVIII, Section 14 to the Colorado Constitution ("Amendment 20") was passed by a majority of Colorado voters; WHEREAS, in 2012, Article XVIII, Section 16 to the Colorado Constitution ("Amendment 64") was passed by a majority of Colorado voters; WHEREAS, Amendment 20 legalizes the medical use of no more than 6 marijuana plants by persons with debilitating medical conditions, including the production of marijuana; WHEREAS, Amendment 64 legalizes the possessing, growing, processing or transporting of no more than 6 marijuana plants for recreational use; WHEREAS, C.R.S. § 9-7-113 provides that local governments may ban the use of compressed flammable gas as a solvent in the extraction of THC or other cannabinoids; WHEREAS, Colorado has experienced a surge in home explosions and fires resulting from THC extractions involving compressed flammable gasses; and WHEREAS, pursuant to the authority granted to the Town by C.R.S. § 9-7-113, and in the interests of the public health, safety and welfare, the Town Council desires to make it unlawful to use compressed flammable gases in THC extraction in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 3 of Title 6 of the Vail Town Code is hereby amended by the addition of the following new Section 6-3D-6: 6-3D-6: Compressed Flammable Gas Prohibited in THC Extraction: It is unlawful for a person to use any compressed flammable gas as a solvent in the extraction of tetrahydrocannabinol ("THC') or any other cannabinoid in the Town. 10/14/2014 1 Ordinance No. 16, Series of 2014 10/21/2014 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 Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 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 October, 2014 and a public hearing for second reading of this Ordinance set for the 21St day of October, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21" day of October, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 10/14/2014 Ordinance No. 16, Series of 2014 10/21/14 rnwH of vn' �Ii1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 21, 2014 ITEM/TOPIC: Adjournment (estimated 8:10 p.m.) 10/21/2014