HomeMy WebLinkAbout2016-09-06 Agenda and Supporting Documentation Town Council Afternoon Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING
Agenda TOWN Of VAJt'
Town Council Chambers
75 South Frontage Road W., Vail, CO 81657
4:30 PM, September 6, 2016
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment on any agenda item may be solicited by the Town Council.
1. DRB / PEC Update
1.1. DRB/PEC Update 5 min.
Presenter(s): Chris Neubecker, Planning Manager
2. Presentation / Discussion
2.1. Colorado Legislative Update from Representative Diane Mitsch Bush 15 min.
Presenter(s): Diane Mitsch Bush, Colorado District 26 House
Representative
Action Requested of Council: Informational only.
Background: Present update about Colorado legislation.
2.2. Review Proposed Code Revisions addressing Smoking and Vaping 10 min.
Presenter(s): Dwight Henninger, Chief of Police and Matt Mire, Town
Attorney
Action Requested of Council: Request Council direction on suggested code
changes.
3. Information Update
3.1. July 2016 Sales Tax Memorandum
3.2. August 2016 Revenue Update 5 min.
3.3. Climate Action Plan for the Eagle County Community Update and Open
Houses
3.4. Intermountain Hazardous Fuels Reduction Project Update
4. Matters from Mayor, Council and Committee Reports
5. Executive Session
5.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) - to receive legal 15 min.
advice on specific legal questions; Regarding: pending litigation and Airbnb
Agreement
September 6, 2016 - Page 1 of
Presenter(s): Matt Mire, Town Attorney
6. Recess
6.1. Recess at 5:20 p.m.
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by Public Access Television Channel 5 and
available for public viewing as the meeting is happening. The meeting videos are also posted to Channel 5 website
the week following meeting day, www.publicaccess5.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48
hour notification. Please call 970-479-2356, Telecommunication device for the deaf (TDD) for information.
September 6, 2016 - Page 2 of
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: DRB/PEC Update
PRESENTER(S): Chris Neubecker, Planning Manager
ATTACHMENTS:
Description
August 17, 2016 DRB Meeting Results
August 22, 2016 PEC Meeting Results
TOWN OF VAIP
September 6, 2016 - Page 3 of
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MEMBERS PRESENT
Bill Pierce
Rollie Kjesbo
Doug Cahill
Peter Cope
Andy Forstl
DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
August 17, 2016
Council Chambers
75 South Frontage Road West - Vail, Colorado, 81657
PROJECT ORIENTATION
MEMBERS ABSENT
2:OOpm
Due to Paul Cada, Wildland Coordinator with the TOV, being called out of town, site visits #1 and agenda
item #1 are postponed to September 7, 2016.
SITE VISITS
1. Fire Resistant Landscaping:
a) 1824 Glacier Court (1995)
b) 1543 Matterhorn Circle (Parkside Villas)(1995)
c) 97 Rockledge (2000)
d) 385 Mill Creek Circle (2005)
e) 996 Ptarmigan Road (2010)
2. Vail East Lodging — 4093 Spruce Way
MAIN AGENDA 3:OOpm
1. Update: Fire Resistant Landscaping (to be heard on September 7, 2016) Paul Cada
2. Larrieu Residence DRB16-0293 Brian
Final review of an addition
1875 West Gore Creek Drive/Lot 24, Vail Village West Filing 2
Applicant: Silvia & Jorge Larrieu, represented by Zehren & Associates
ACTION: Table to September 7, 2016
MOTION: Kjesbo SECOND: Cahill VOTE: 5-0-0
3. Vail East Lodging DRB16-0312 Jonathan
Final review of an exterior alteration (chimneys)
4093 Spruce Way Units 30-39/Lot 4, Block 9, Bighorn Subdivision 3rd Addition
Applicant: Vail East Lodging Association, represented by Avalanche Property Management
ACTION: Approve with Condition
MOTION: Kjesbo SECOND: Cahill VOTE: 5-0-0
CONDITION:
1. The applicant shall match the color of the existing stucco on the chimneys.
4. Vail East Lodging DRB16-0316 Jonathan
Final review of an exterior alteration (windows)
4073-4133 Spruce Way/Lot 3, Block 9, Bighorn 3rd Addition
Applicant: Vail East Lodging Association, represented by Avalanche Property Management
Page 1
September 6, 2016 - Page 4 of
ACTION: Approve
MOTION: Kjesbo SECOND: Cahill
STAFF APPROVALS
Shirley Residence DRB16-0184
Final review of change to approved plans (stairs)
303 Gore Creek Drive Unit 8/Lot 8, Block 5 Vail Village Filing 1
Applicant: Erickson Shirley, represented by Pure Design Studio
Fischer Residence DRB16-0286
Final review of changes to approved plans (parking)
2636 Davos Trail/Lot 2, Block C, Vail Ridge Subdivision
Applicant: Randy Fischer
Forest International LLC DRB16-0288
Final review of an exterior alteration (AC condenser)
45 Forest Road/Lot 33, Block 7, Vail Village Filing 1
Applicant: Forest International LLC, represented by Michelle Head
VOTE: 5-0-0
Latham Residence DRB16-0291
Final review of an exterior alteration (deck)
710 West Lionshead Circle Unit 321 (Vail Spa)/Lot 1, Block 2, Vail Lionshead Filing 3
Applicant: Donald Latham, represented by K.H. Webb Architects
Culp Residence DRB16-0292
Final review of an exterior alteration (skylights, roof)
2960 Manns Ranch Road Unit B/Lot 8, Block 1, Vail Village Filing 13
Applicant: Virginia Culp
North Nevada LLC DRB16-0294
Final review of changes to approved plans (deck)
2460 Bald Mountain Road/Lot 20, Block 2, Vail Village Filing 13
Applicant: North Nevada LLC, represented by Jeff Manley
Turri Residence DRB16-0295
Final review of changes to approved plans (landscaping, railing)
1824 Glacier Court Unit A/Lot 20, Block 2, Lions Ridge Filing 3
Applicant; Ray & Heather Turri, represented by LKSM Design
Ciarallo Residence DRB16-0296
Final review of an exterior alteration (landscaping)
5187 Gore Circle/Lot 10, Block 3, Bighorn 5th Addition
Applicant: Christopher Ciarallo, represented by Ceres Landcare
Millers' Lionshead LLC DRB16-0297
Final review of an exterior alteration (landscaping)
695 Forest Road Unit B/Lot 5, Block 2, Vail Village Filing 6
Applicant: Norman Miller, represented by Eagle Eye Home Management
Pine Ridge Townhouses DRB16-0298
Final review of an exterior alteration (landscaping)
2195 Chamonix Lane/Lot 2, Vail Heights Filing 1
Applicant: Pine Ridge Townhouse Association, represented by Old Growth Tree Service
Page 2
Chris
Brian
Matt
Chris
Matt
Chris
Matt
Matt
Brian
Matt
September 6, 2016 - Page 5 of
Marriott Resort DRB16-0300 Jonathan
Final review of an exterior alteration (landscaping)
715 West Lionshead Circle/Lot 1, West Day Subdivision
Applicant: Marriott Resort, represented by Neils Lunceford
Gullickson Residence DRB16-0301 Jonathan
Final review of an exterior alteration (driveway)
2673B Cortina Lane/Lot 6, Block A, Vail Ridge
Applicant: Steve & Jenny Gullickson, represented by Peter Halliwell
Gullickson Residence DRB16-0303 Jonathan
Final review of an exterior alteration (deck)
2673B Cortina Lane/Lot 6, Block A, Vail Ridge
Applicant: Steve & Jenny Gullickson, represented by Peter Halliwell
Ver Ploeg Residence DRB16-0305 Brian
Final review of changes to approved plans (deck)
4415 Bighorn Road Unit 5/1-ot 2, Block 3, Bighorn Subdivision 3rd Addition
Applicant: Brenton Ver Ploeg, represented by Marco Valenti
Ogsbury Residence DRB16-0306 Chris
Final review of an exterior alteration (landscaping)
4413 Columbine Drive/Lot
Applicant: Jay Ogsbury, represented by Jane Brodziak
Brodziak Residence DRB16-0307 Chris
Final review of an exterior alteration (landscaping)
4406 Columbine Drive/Lot 12, Block 4, Bighorn Subdivision 3rd Addition
Applicant: Jane Brodziak
Goodwin Residence DRB16-0308 Chris
Final review of an exterior alteration (landscaping)
4410 Columbine Drive/Lot 1, White River Estates
Applicant: Verne Goodwin, represented by Jane Brodziak
Ruth Residence DRB16-0309 Matt
Final review of an exterior alteration (landscaping)
800 B Potato Patch Drive/Lot 1, Block 7, Vail Potato Patch
Applicant: Lisa Moffett Ruth 2012 Residence Trust
McConathy Residence DRB16-0311 Matt
Final review of an exterior alteration (stairs)
2832 Kinnikinnick Road/Lot 5, Innsbruck Meadows Subdivision
Applicant: Andrew McConathy, represented by Painting by Jesse
Crow Residence DRB16-0315 Brian
Final review of changes to approved plans (roof, windows, stairs, driveway, wall)
1250 Ptarmigan Road/Lot 4, Block 8, Vail Village Filing 7
Applicant: Trammell Crow, represented by Berglund Architects
Morris Residence DRB16-0318 Jonathan
Final review of an exterior alteration (landscaping)
Page 3
September 6, 2016 - Page 6 of
5117 Main Gore Drive/Lot 5, Block 1, Bighorn 5th Addition
Applicant: Linda Morris, represented by Alex Vosicky
Faickney Residence DRB16-0319 Jonathan
Final review of an exterior alteration (landscaping)
4346 Streamside Circle West/Lot 4, Bighorn Subdivision 4th Addition
Applicant: Robert Faickney, represented by Chris Foreman
Shimon Residence DRB16-0320
Final review of an exterior alteration (landscaping)
1828 Alta Circle/Lot 42, Vail Village West Filing 1
Applicant: Dennis Shimon, represented by Chris Forman
Andretta Residence DRB16-0321
Final review of an exterior alteration (landscaping)
1714 Buffehr Creek Road/Lot 3, Lia Zneimer Subdivision
Applicant: Jim Andretta, represented by Jared Saul
Testwuide Residence B16-0301
Final review of an exterior alteration (re -roof)
898 Red Sandstone Circle/Lot 7, Vail Village Filing 9
Applicant: Paul Testwuide, represented by TCC Roofing
Brian
Matt
go
Breakaway West Condo Building 500 DRB16-0325 Jonathan
Final review of an exterior alteration (gas line)
963 Lions Ridge Loop/Breakaway West Condo
Applicant: Breakaway West Condo Building 500, represented by American Plumbing and Heating
The applications and information about the proposals are available for public inspection during regular office
hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is
invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail
Community Development Department. Times and order of items are approximate, subject to change, and
cannot be relied upon to determine at what time the Planning and Environmental Commission will consider
an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon
request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD),
for information.
Page 4
September 6, 2016 - Page 7 of
TOWN OF VA10
PLANNING AND ENVIRONMENTAL COMMISSION
August 22, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
1. Call to Order
Members Present: Chairman Rediker, Brian Gillette, Henry Pratt, Ludwig Kurz, John
Ryan Lockman, Kirk Hansen and Brian Stockmar
Absent: None
2. A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code
concerning the definition of Gross Residential Floor Area (GRFA) and setting forth
details in regard thereto (PEC16-0024).
Applicant: Town of Vail
Planner: Chris Neubecker
Action: Approve
Motion: Kurz Second: Lockman Vote: 4-3-0 (Gillette,
Stockmar and Hansen opposed)
Planning Manager Chris Neubecker provided a summary of the application.
Discussion:
Chairman Rediker provided opening remarks and opened questions of staff.
Rediker opened the public hearing.
Mike Suman commented and believes the code language should make a distinction
between units, rather than a duplex as one structure.
Rollie Kjesbo commented and believes the lowest level language currently proposed is
what was always intended. Believes unit separation is important to consider too.
Closed public hearing.
September 6, 2016 - Page 8 of
Stockmar — Approximately how many homes out of 100 homes built in Vail encounter
this problem, and would be separated by more than 6 feet?
Staff Planner Jonathan Spence — Possibly as high as 20%, but more commonly 5-10%,
depending on the location in town.
Stockmar — Feels choosing six foot separation allowance is arbitrary and is inclined to
not change anything with GRFA at this time. Would like to have a bigger discussion
dealing with all of GRFA.
Spence — Clarified the intended process with Town Council as a result of today's PEC
recommendation.
Gillette — Likes the application being applied to all zone districts impacted by GRFA.
However, six foot rule is arbitrary. Believes all levels that are subterranean should be
deducted from GRFA.
Neubecker — A larger GRFA deduction on multiple levels of a home was originally
considered and discussed by Town Council when GRFA was amended in 2004, and not
supported by Council at that time.
Hansen — What was rationale when Council made determination?
Neubecker — Unsure due to 2004 occurrence and Town Council ordinance.
Gillette — That's why there are term limits and things change. Steep lots are being built -
out and this affects more applications now than years ago.
Pratt — Does not think this application solves the bigger problem and it contradicts the
decision of the PEC on the Michael Suman application and appeal. Allows multiple
levels but is not equitable between units. Each side should get credit for their buried
space. Feels the six foot rule meets status quo being interpreted by staff, and will send
this application to Council.
Kurz — Feels the application should go to Council with a recommendation of approval.
Hansen — Agrees with Gillette that the application does not solve the problems and
does not see the rationale.
Lockman — Agrees with many statements but this issue needs to be part of a larger
conversation about GRFA. Feels the application does make sense to codify a known
and current practice.
Rediker — Difficult to address this problem. Does not think underground space should
always qualify for a deduction. Agree with staff observations to be careful with code
September 6, 2016 - Page 9 of
changes. Looking at application before the PEC today is to codify a known practice and
that is acceptable. Supports the staff proposal.
Kurz — GRFA has served its duty even with all its flaws. Makes motion to approve.
Rediker - Question for staff pertaining to motion language without specificity to the 6
foot language that is proposed.
Neubecker suggested an amendment to the motion to specifically reference proposed
code language on pages 4 and 5 of the staff memo, which adds the sentence "The
lowest level shall be the level with the lowest U.S.G.S. elevation, including all floor
levels within six (6) vertical feet of the lowest level."
Motion amended by Kurz as recommended by planning staff, to include reference to the
proposed text amendment language on pages 4 and 5 of the staff memo.
3. Approval of Minutes
August 8, 2016 PEC Meeting Results
Action: Approve
Motion: Stockmar Second: Kurz Vote: 7-0
4. Informational Update
Beavers and the Habitat They Create - Pete Wadden — To be heard at future meeting
Conservation Easements - Brian Garner
Garner gave general overview of conservation easements, their purpose, types of
easements, and benefits of easements. Conservation easements can be used to protect
environmental features of a site, and may provide tax benefits to the property owner.
Majority of conservation easements are granted to non-governmental organizations.
There are about 3,000 conservation easements in Colorado; 58 conservation
easements in Eagle County, many with Eagle Valley Land Trust. There are 5
conservation easements in Vail. Some easements allow public access, others do not.
Stockmar — Aware of a parcel that is a prime candidate for a conservation easement,
about 60% wetlands, basically unbuildable. Homeowners Association cannot agree on
what to do with the land, it's +/- 6 acres.
5. Adjournment
Action: Kurz
Motion: Lockman Second: Kurz Vote: 7-0
September 6, 2016 - Page 10
The applications and information about the proposals are available for public inspection
during regular office hours at the Town of Vail Community Development Department, 75
South Frontage Road. The public is invited to attend the project orientation and the
site visits that precede the public hearing in the Town of Vail Community
Development Department. Times and order of items are approximate, subject to
change, and cannot be relied upon to determine at what time the Planning and
Environmental Commission will consider an item. Please call (970) 479-2138 for
additional information. Sign language interpretation is available upon request with 48-
hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf
(TDD), for information.
Community Development Department
September 6, 2016 - Page 11
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Colorado Legislative Update from Representative Diane Mitsch Bush
PRESENTER(S): Diane Mitsch Bush, Colorado District 26 House Representative
ACTION REQUESTED OF COUNCIL: Informational only.
BACKGROUND: Present update about Colorado legislation.
September 6, 2016 - Page 12
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Review Proposed Code Revisions addressing Smoking and Vaping
PRESENTER(S): Dwight Henninger, Chief of Police and Matt Mire, Town Attorney
ACTION REQUESTED OF COUNCIL: Request Council direction on suggested code changes.
ATTACHMENTS:
Description
Memorandum and DRAFT Smoking and Vapor Ordinance
September 6, 2016 - Page 13
TOWN OF
VAIL
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com/police
To: Vail Town Council
Stan Zemler, Town Manger
From: Dwight Henninger, Chief of Police
Date: September 6, 2016
Subject: Proposed Smoking/Vaping Code Clean up
Office of the Chief of Police
970.479.2218
970.479.2216 fax
The Town's current Smoking in Public Places ordinance 5-4-1 was passed in 1997.
With the passage of Colorado's Clean Indoor Air Act in 2006, many of the Town's codes
were superseded by the new statewide act. The State act addressed smoking within 15
feet of the main entrance of a business, which was not addressed in the Town Code.
Otherwise our regulations are fairly similar. Recently the Council directed staff to
update the code and start with a strict standard. Neither law addresses the issue of
vaping or other electronic smoking devices. The primary issue appear from the an
enforcement perspective is how close to doorways should outdoor smoking be
permitted. This is a balancing act between reducing second hand smoke exposure and
accommodating the expectations of many of our international guests.
The Town Attorney has drafted a very restrictive smoking and vaping ordinance, which
would prevent smoking/vaping outside in most parts of the Village and Lionshead core
districts. Similar laws have been passed in Boulder and Ft. Collins with mixed results.
Boulder's ordinance is primarily for the Pearl Street Mall/Civic Center area and they
report some improvement after a significant education campaign and warnings from the
Police. Tickets have begun to be issued, many of which have resulted in failure to
appears, which result in custodial arrests.
Ft. Collins also limited smoking to within 20 feet of decks and entrances; they too have
conducted a significant education program, but have not seen as much success.
Complaints of non-compliance are regular to the Police Department and have resulted
in conflictual situations with officers. The signs initially installed were not clear enough
to citizens and guests; they were replaced with much more direct messaging.
The proposed Town of Vail Ordinance would address the vaping electronic cigarettes,
which have become much more popular and would severely restrict smoking and
vaping in most of our core business areas. This may cause issues with some of our
guests and residents, who would have no place to smoke within 2 blocks of a bar.
September 6, 2016 - Page 14
If the ordinance is adopted, as is, locations convenient to smokers could be identified,
where smoking could be permitted. The Council could also consider removing or
reducing the Town restrictions after a certain time of the evening such as 10 or 11 PM
till 3 AM and use the State baseline regulations during these night time hours. This
would provide an opportunity for smokers who are a part of the Town's night life a place
to smoke, so long as they comply with the State laws. This would significantly reduce
the potential conflicts with officers and intoxicated bar guests, who may be used to
being able to smoke on the streets of their home communities.
Council alternatives to consider:
1. Clean up the Town Code to be in accordance with the State Clear Air Act, which
would limit smoking on public streets to within 15 feet of the main entrance to a
business. Leave the remaining sections as is.
2. Adopt the proposed ordinance, which will create no smoking/vaping in most
areas of our two villages. This option may increase negative contacts with the
Police in which friendly attempts at enforcement could escalate into serious
altercations. It may also increase costs of court and jail time for municipal
smoking offenses. In addition, there would be costs required to conduct an
educational campaign and related signage to notify citizens of our laws.
3. If this proposed ordinance is desired, but in an effort to find middle ground with
smokers, Council could direct staff to identify 2-4 locations for smokers in the
villages, which would be carved out in the ordinance, or reduce the restrictions to
comply with State law after a certain time in the evening.
Town of Vail Page 2
September 6, 2016 - Page 15
ORDINANCE NO.
SERIES 2016
AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF
TITLE 5 OF THE VAIL TOWN CODE, CONCERNING SMOKING
WHEREAS, in 2006, the Colorado legislature passed the Colorado Clean Indoor
Air Act, C.R.S. § 25-14-201, et seq. ("CCIAA"), which provides that a municipality may
enact, adopt, and enforce smoking regulations that are no less stringent than state law;
WHEREAS, the Town Council desires to repeal and reenact Chapter 4 of Title 5
of the Vail Town Code to comply with CCIAA, to regulate electronic smoking devices,
and to expand those areas within the Town where smoking is prohibited; and
WHEREAS, the Town Council, pursuant to its authority to protect and secure the
public health, safety and welfare of its citizens, desires to regulate smoking in public
places, smoking in places of employment, and smoking by minors.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 5 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
CHAPTER 4
SMOKING
5-4-1: DEFINITIONS:
ELECTRONIC SMOKING DEVICE: An electric or battery-operated
device, the use of which resembles conventional smoking, which can be
used to deliver substances, including without limitation nicotine, tobacco,
or marijuana, to the person using such device. Electronic smoking device
includes without limitation an electronic cigarette, cigar, cigarillo, pipe, or
hookah, but does not include any product approved by the U.S. Food and
Drug Administration as a drug or medical device that is used in
accordance with its purpose.
EMPLOYEE: Any person who is employed by any employer.
EMPLOYER: Any person, partnership or corporation, including a
municipal corporation, who employs the services of any person.
ENCLOSED AREA: All space between a floor and ceiling which is
enclosed on all sides by solid walls or windows (exclusive of doors or
passageways) which extend from floor to ceiling, including all space
therein screened by partitions which do not extend to the ceiling or are not
solid or similar structures.
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ENTRYWAY: The outside of any doorway leading into or exiting from a
building.
MINOR: A person under eighteen (18) years of age.
NICOTINE PRODUCT: An electronic device or any component thereof
that can be used to deliver nicotine to the person inhaling from the device,
including, without limitation, an electronic cigarette, cigar, cigarillo,
hookah, pipe or nicotine vaporizer; and nicotine or other chemical liquids,
extracts, and oils intended to be used therein.
PLACE OF EMPLOYMENT: Any enclosed area under the control of a
public or private employer which employees normally frequent during the
course of employment.
PUBLIC PLACE: Any enclosed area in which the general public is
permitted, including without limitation: convention halls, covered parking
structures, public or private educational facilities, childcare facilities, adult
daycare or medical or healthcare facilities, hospitals, gymnasiums, post
offices, guest rooms in commercial lodging establishments, laundromats,
performance halls, polling places, professional offices, public
transportation facilities, taxis, reception areas, restaurants, bars, retail
food production and marketing/grocery establishments, retail service
establishments, retail stores, indoor sports arenas, bowling alleys, billiard
or pool halls, and theaters; every room, chamber or place of meeting or
public assembly; all areas of an establishment that are open to, or
customarily used by, the general public, including without limitation
elevators, restrooms, lobbies, reception areas, hallways, waiting rooms
and other common areas in apartment buildings, condominiums, trailer
parks, retirement facilities, nursing homes and other multiple unit
residential or commercial lodging establishments; and any private
residence when in use as a child care, adult daycare, or health care
facility.
RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products
is merely incidental.
SMOKING: The lighting of any cigarette, cigar, pipe, or the activation of
an electronic smoking device, or the possession of any lighted cigarette,
cigar, pipe or activated electronic smoking device, regardless of its
composition.
TOBACCO PRODUCT: A product that contains tobacco or is derived
from tobacco and is intended to be ingested, inhaled, smoked, placed in
oral or nasal cavities, or applied to the skin of an individual, including,
without limitation, cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and
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pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking
tobacco; snuff and snuff flour, snus, plug and twist, fine cut, and other
chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and
seepings of tobacco; and any other kinds and forms of tobacco, prepared
in such manner as to be suitable for both chewing or for smoking in a
cigarette, pipe, or otherwise, or both for chewing and smoking.
WORK AREA: An area in a place of employment where one or more
employees are routinely assigned and perform services for or on behalf of
their employer.
5-4-2: SMOKING PROHIBITED:
A. Public Places: Smoking is prohibited in any public place within the
Town, except as expressly permitted in Section 5-4-3.
B. Parks, Municipal Facilities and Pedestrian Areas: Smoking is
prohibited in any building, park, or vehicle owned or operated by the
Town, and in any pedestrian areas in Vail Village, Lionshead Village and
Ford Park.
C. Places of Employment: Smoking is prohibited in any place of
employment unless exempted pursuant to Section 5-4-3. In the case of
employers who own facilities otherwise exempted by Section 5-4-3, each
such employer shall provide a smoke-free work area for each employee
requesting not to have to breathe environmental tobacco smoke.
D. Entryways: Smoking is prohibited within twenty-five (25) feet of any
entryway.
E. Posted Areas: Smoking is prohibited in designated "no smoking"
areas as set forth in Sections 5-4-3 and 5-4-5.
F. Other Areas: Smoking is prohibited in those areas where smoking
is prohibited by state law, fire code regulations, or other regulations of the
Town.
5-4-3: SMOKING PERMITTED:
A. Smoking is permitted in the following places:
1. Private homes except if any such home or vehicle is being
used for childcare or daycare or if a private vehicle is being used for the
public transportation of children;
2. Private automobiles;
3. Limousines under private hire;
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4. Commercial lodging including without limitation hotel or
motel rooms rented to one or more guests and designated as smoking
rooms; provided, however, that not more than twenty-five (25%) percent of
the rooms rented in a hotel, or motel may be so designated;
4. Retail tobacco stores;
5. A place of employment that is not open to the public and that
is under the control of an employer that employs three (3) or fewer
employees;
6. Smoking by performers as part of a stage production at a
theater; and
7. Areas of assisted living facilities that are designated for
smoking for residents; that are fully enclosed and ventilated and to which
access is restricted to the residents and their guests.
B. Notwithstanding any other provision of this Section, an owner,
operator, manager or other person who controls an establishment, facility
or grounds described in this Section may declare the entire establishment,
facility or grounds smoke-free.
5-4-4: DISCRIMINATION OR RETALIATION UNLAWFUL:
It is unlawful for an employer, proprietor or person in charge of a public
place or place of employment regulated under this Chapter to discharge,
discriminate against or in any manner retaliate against any person who
requests the designation of "no smoking" areas or enforcement of "no
smoking" areas.
5-4-5: SIGNS:
A. In a public place where smoking is prohibited in the entire public
place by this Chapter or by the owner, proprietor or person in charge of a
public place exercising his or her option to prohibit smoking in accordance
with this Chapter, a sign using the words "no smoking" or the international
no smoking symbol, or both, shall be conspicuously posted at eye level
within ten (10) feet of every entryway.
B. In a public place where certain areas are designated as "smoking
permitted" areas, a sign using the words "no smoking except in
designated areas" shall be conspicuously posted at eye level within ten
(10) feet of every entryway.
C. In a public place where smoking is permitted in the entire building
or area, a sign including the words "this [building/area] is a smoking area
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September 6, 2016 - Page 19
in it is entirety" shall be conspicuously posted at eye level within ten (10)
feet of every entryway.
D. All signs required by this Section shall have letters not less than
one (1) inch in height or the international no smoking symbol not less than
three (3) inches in height
5-4-6: MINORS:
A. It is unlawful for a minor to possess, consume, or use a tobacco
product or nicotine product in the Town.
B. It is unlawful for a minor to purchase, obtain or attempt to purchase
or obtain a tobacco product or nicotine product in the Town by
misrepresentation of age or by any other method.
C. It is unlawful for a person to knowingly furnish to a minor in the
Town, by gift, sale or any other means, a tobacco product or nicotine
product.
D. It is a rebuttable presumption that the substance within a package
or container is a tobacco product or nicotine product if the package or
container has affixed to it a label which identifies the package or container
as containing a tobacco or nicotine product.
F. It is an affirmative defense to a prosecution under this Section that
the person furnishing the tobacco product or nicotine product was
presented with and reasonably relied upon a document which identified
the minor receiving the tobacco product or nicotine product as being
eighteen (18) years of age or older.
5-4-7: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. The penalty for a violation of this Chapter shall be as provided in
Section 1-4-1 of this Code.
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 affect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Town 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.
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Section 4. The amendment of any provision of the Vail Town Code 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 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 16th day of August, 2016 and a
public hearing for second reading of this Ordinance is set for the day of
, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
ATTEST:
Patty McKenny, Town Clerk
Dave Chapin, Mayor
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September 6, 2016 - Page 21
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: July 2016 Sales Tax Memorandum
ATTACHMENTS:
Description
July 2016 Sales Tax Memorandum
TOWN OF VAIP
September 6, 2016 - Page 22
MEMORANDUM
August 29, 2016
To: Vail Town Council
Stan Zemler
Kathleen Halloran
From: Sally Lorton
Re: July Sales Tax
Vail will collect an estimated $69,000 in additional July sales tax to bring
collections to $2,009,597. July would be up 3.7% or $71,608 from July 2015 and
up 2.8% or $55,252 from budget. Year to date would be up 1.8% or $290,884
from 2015 and up .1 % or $17,524 from budget.
September 6, 2016 - Page 23
Month
2005
2006
2007
2008
2009
2010
Town of Vail
Sales Tax Worksheet
8/29/2016
2011 2012 2013
2014
2015
Budget
2016
Collections
Budget
Variance
% Change
from
2015
% Change
from
Budget
January
2,275,967
2,597,985
2,783,306
2,976,655
2,619,673
2,564,383
2,795,688
2,855,524
3,145,620
3,483,245
3,696,798
3,722,428
3,736,857
14,429
1.08%
0.39%
February
2,429,377
2,527,130
2,718,643
3,071,615
2,588,889
2,577,360
2,803,136
2,994,580
3,267,351
3,477,419
3,593,947
3,727,134
3,744,507
17,373
4.19%
0.47%
March
2,785,101
2,852,954
2,986,446
3,327,304
2,504,567
2,685,004
3,143,418
3,185,859
3,650,157
3,788,185
4,053,961
4,143,010
4,224,315
81,305
4.20%
1.960
April
915,554
1,280,324
1,330,740
1,098,918
1,235,941
1,156,934
1,191,690
1,183,087
1,069,186
1,280,641
1,370,929
1,341,310
1,087,814
(253,496)
-20.65%
-18.90%
May
458,770
449,283
545,874
622,103
516,150
421,925
473,292
487,739
563,602
607,729
584,454
632,924
652,091
19,167
11.57%
3.03%
June
834,913
805,362
953,017
918,061
717,233
873,765
895,951
963,143
1,023,801
1,153,247
1,242,400
1,232,687
1,316,181
83,494
5.94%
6.77%
July
1,166,183
1,255,243
1,265,781
1,397,842
1,121,860
1,228,767
1,481,329
1,573,499
1,654,161
1,829,102
1,937,989
1,954,345
1,940,597
(13,748)
0.13%
-0.70%
Total
10,865,865
11,768,281
12,583,807
13,412,498
11,304,313
11,508,138
12,784,504
13,243,431
14,373,878
15,619,568
16,480,478
16,753,838
16,702,362
-51,476
1.35%
-0.31%
August
993,985
1,055,614
1,162,746
1,349,795
1,068,391
1,147,352
1,310,471
1,380,710
1,507,048
1,674,813
1,702,579
1,760,820
September
795,807
832,549
908,318
834,569
753,754
761,425
889,945
978,037
994,135
1,054,015
1,240,277
1,184,930
October
566,173
614,396
688,519
662,767
581,033
594,362
623,420
644,577
755,133
752,295
835,649
843,227
November
713,117
799,582
747,877
719,109
651,873
701,075
788,430
825,873
947,627
962,344
997,100
1,046,566
December
2,549,032
2,771,258
2,821,871
2,652,628
2,553,974
2,963,763
3,184,645
2,973,826
3,422,178
3,818,096
3,885,849
3,998,619
Total
16,483,979
17,841,680
18,913,138
19,631,366
16,913,338
17,676,115
19,581,415 20,046,454
21,999,999
23,881,131
25,141,932
25,588,000
September 6, 2016 - Page 24 of 46
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: August 2016 Revenue Update
ATTACHMENTS:
Description
Aug Rev Update
TOWN OF VAIP
September 6, 2016 - Page 25
TOWN OF VAIL
REVENUE UPDATE
September 6, 2016
Sales Tax
Upon receipt of all sales tax returns, July collections are estimated to be
$2,009,597 up 3.7% from last year and up 2.8% compared to budget. Year to
date collections of $16,771,362 are up 1.8% from prior year and up 0.1% from
budget. Inflation as measured by the consumer price index was up 0.8% for July.
The annual budget totals $25.6 million.
Real Estate Transfer Tax (RETT)
RETT collections through August 29 total $3,029,824 down 23.9% from this time
last year. 2015 annual collections totaled $6,965,617, a record year since the
peak in 2008. The annual 2016 RETT budget currently totals $6.5 million, a
decrease of 6.7% from prior year collections.
Construction Use Tax
Use Tax collections through August 29 total $1,413,580 down 17.3% from this
time last year. The annual budget totals $1,545,000.
Summary
Across all funds, year-to-date total revenue of $42.9 million is up 3.4% from the
amended budget and down 2.2% from prior year. 2016 Budget to actual
variances are related to parking revenue. Year-to-date parking revenue is up
17.2% compared to budget and up 12.3% from prior year. Variances from 2015
year-to-date revenue relates to housing fee -in -lieu. In 2015 housing fee -in -lieu
collections totaled $1.9M mostly from Vail Valley Medical Center reconstruction.
-1-
September 6, 2016 - Page 26
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Climate Action Plan for the Eagle County Community Update and Open Houses
ATTACHMENTS:
Description
Climate Action Plan for the Eagle County Community Open Houses
Climate Action Plan for the Eagle County Community - Background Information
September 6, 2016 - Page 27
Climate Action Plan
For The Eagle County
We Want
To Hear
From YOU!
Community Open Houses
5:00 pm -7:00 pm I Light Snacks Provided
Wednesday, September 14th
Brush Creek Pavilion, Eagle
Monday, September 19th
Grand View, Lionshead Welcome Center, Vail
Thursday, September 22nd
Miller Ranch Community Center, Edwards
kowalking mountains' �
EA6LE COUNTY
science center actively
To learn more visit www.walkingmountains.org/cap
k
walking mounta ins
science center
Climate Action Plan
for the
Eagle County Community
Update Presentation for Stakeholders
September 2016
September 6, 2016 - Page 29 of 46
Our Mountains and Valleys are at Risk...
• July 2016 was the hottest month on record for global temperatures
• In Colorado there are now 23 fewer frost free days than before the 1980s
• Scientists predict we'll gain 30 more frost free days by 2060
• Warmer average temperatures are on the rise, summers will be hotter
• Increasing forest insect pests and diseases are changing our forests
• Spring snow packs are declining and less predictable
• There are shifts in timing of peak snow pack and spring runoff
• Scientists predict more extreme events - wildfires, droughts and floods
• Our mountains and valleys, and our community, are at risk
September 6, 2016 - Page 30 of 46
Climate Pollution is Costing Us...
•The Eagle County community spends $243.5 million annually on
fuels and electricity that create polluting greenhouse gases
• This is about $66,700 spent each day by our community, or about
$5,300 per person annually
• On a per capita basis, the Eagle County community produces 30%
more emissions than the U.S. average
• This does not include the costs of climate adaptation fighting
fires, removing beetle -killed trees, and watershed projects to lessen
the impacts of drought and flooding
• Cutting our
at least $24
energy use just 10 percent would save our community
million each year
September 6, 2016 - Page 31 of 46
Here's where our Climate Pollution comes from:
Aviation
9,582
• Data: Eagle County 33%
2014 greenhouse gas <
inventory 4
• Total = 1.4 million tons Transportation -
On ground
CO2 per year vehicles
378,615
27%
• $243 million per year
spent on fuels and
electricity
Residential
Building
Energy Use
391,448
28%
Commercial -
Industrial
Energy Use
446,106
32%
September 6, 2016 - Page 32 of 46
We Want to Protect Our Community Values
Our Community Health and Well Being - we can help prevent community
health threats like increasing insect borne diseases, increasing allergies, smoke
waves from wildfires, and other forms of air and water pollution
Our Environment and Recreation — we can help protect the places we like
to play, prevent our mountains and valleys from drought and flooding, and
support the forests and wildlife that depends on our mountain ecosystem
We Can Lead the Way for our Economy — investing in energy efficiency,
solar arrays, electric and hybrid vehicles, smart growth, and creating new
green jobs will make us leaders in the coming "post carbon economy"
September 6, 2016 - Page 33 of 46
Goals for the Climate Action Plan for
the Eagle County Community:
• Engage community stakeholders
• Set meaningful, achievable greenhouse gas emissions
reduction targets for the Eagle County community
• Build on stakeholders' knowledge and commitment
to positive change
• Collaborate across towns, businesses, and
organizations
• Support other regional and state efforts
.� a
September 6, 2016 - Page 34 of 46
Stakeholders
Town of Avon
Town of Gypsum
Town of Eagle
Town of Minturn
Town of Vail
Eagle County
Colorado Mountain
College
Eagle County Schools
Eagle River Water &
Sanitation District
Eagle River Youth
Coalition
East West Destination
Hospitality
Energy Smart Colorado
Ground Up Composting
Holy Cross Energy
Vail Honeywagon
Vail Mountain School
Vail Resorts
Vail Valley Foundation
Vail Valley Medical
Center
Walking Mountains
Science Center
September 6, 2016 - Page 35 of 46
Stakeholders' "What Success Looks Like"
• Align the plan with community and
organizational values
• Set realistic and achievable GHG
reduction targets
• Community endorsement, ownership
and support of the plan is critical
September 6, 2016 - Page 36 of 46
"Business As Usual" Scenario for Eagle County
3,000,000
2,500,000
2,000,000
V
4a
E
1,500,000
2
1,000,000
500,000
0
2014
Eagle County GHG Emissions: Projection to 2050
2020 2025 2030 2035 2040 2045 2050
Eagle County GHG forecasting data from Dr. Abel Chavez, Weste§g,t ,;ig9�@�gdO.44,P�Yqi�6y
Stakeholders Recommend Targets
Reduce GHG emissions % below 2014 Baseline:
•25%
by 2025
950%
by 2035
• 70%
by 2045
• 80%
by 2050
IIYCC recommendation)
r
�•�r ti
JP I
�L
Stakeholders Recommend Goals by Sector
• Buildings —Increase Tarticipation in Energy
Smart from 7.5% to 0% Y
b 2035
• Transportation — Transit oriented development,
reduce car use, increase public transit, increase
paid parking, increase zero -emissions vehicles
• Waste Diversion — Increase recycling, divert 30%
of waste at landfill via composting
• Power Supply — Support for 50% renewables by
2030 and 100%Y
b 2050
• Education and Outreach — Create cross -sector
climate education task force, expand Actively
Green sustainable business participation
September 6, 2016 - Page 39 of 46
Stakeholders' Recommendations
for Decision Makers �
• Adopt the climate action plan
•Pick and choose goals and actions
•Participate in county -wide task
force
•Identify people to implement
•Allocate funds for projects
*Measure GHG reductions
*Celebrate community successes!
Waste Reduction: Projects and Actions
CAP Stakeholder Meeting 44 - lune 20, 2m6
projects and actions could he undertaken to reduce GHG emissions
the waste reduction sector?
Do you know of any innovative example programs that other comm it"
are using to reduce GHGs in this sector? Please list examples
s �w
September 6, 2016 - Page 40 of 46
��; + •-� walking mountains
science center
Your input is welcome!
Open House Sessions 5-7 p.m.
• Wednesday Sept. 14 - Brush Creek Pavilion
• Monday Sept. 19 - Grand View, Vail
• Thursday Sept. 22 — Miller Ranch Community
Room
• For more information and to give feedback go
to: www.walkingmountains.or /. cap or email
cap@walkingmountains.org
September 6, 2016 - Page 41 of 46
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Intermountain Hazardous Fuels Reduction Project Update
ATTACHMENTS:
Description
Intermountain Hazardous Fuels Reduction Project Update
Updated Phase I Treatment Map
TOWN OF VAIP
September 6, 2016 - Page 42
TOWN OF
Memorandum
To: Town Council
From: Mark Novak, Fire Chief
Date: September 1, 2016
Subject: Intermountain Hazardous Fuels Reduction Project Status
Background
Resolution No. 20, Series of 2016 authorized the transfer of $63,700 to the United
States Forest Service (USFS) to implement Phase I of the Intermountain Fuels
Reduction Project (Project) Of this amount, $42,000 was allocated for hand thinning of
37 acres.
II. Current Situation
The USFS put the Phase I of the Project out to bid during the summer of 2016. All of the
bids received exceed the projected per acre cost. The USFS has advised that they do
not have funding available to supplement the funding for Phase I. The USFS has
already provided $23,475 in in-kind funding for the project layout of both Phase I and II.
This is in addition to the $355,000 expenditure by the USFS to complete the
Environmental Analysis (NEPA). Based upon the bids received, it is projected that the
actual treatment area of Phase I will be 20-25 acres.
Staff is currently researching other funding sources, including grants to complete the
remainder of Phase I. Staff has also initiated discussions with Eagle County for possible
funding of a portion of this project. Eagle County funded approximately $250,000 of the
Vail Valley Forest Health Project, which included fuel reduction treatment in areas
adjacent to this Project.
Should Phase II of the Project be funded. Staff will evaluate opportunities to allocate
funds from Phase II of the Project to complete the remaining acres in Phase I. Any
modification to the Project areas will be based upon completing treatments in the
highest priority areas first.
III. Attachment
1. Updated Phase I treatment map
September 6, 2016 - Page 43
F. !
f�
K
r * �
-:11"k I �W,20_
Am IW*4
Vail Intermountain Fuels Reduction Project- September 2016 Alt. Plan
INS
fl ter
- to
Legend
. • Boundary
Previously Completed Fuels Treatment - 57.7 Acres
Treatment
-Hand-1 • I Acres)
\: I
Hand- (13
Proposed 2017 (57 Acres
Helicopter S
1 0.1 0.2 14 16 1:
1: yMiles
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) -to receive legal advice
on specific legal questions; Regarding: pending litigation and Airbnb Agreement
PRESENTER(S): Matt Mire, Town Attorney
September 6, 2016 - Page 45
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Recess at 5:20 p.m.
TOWN OF VAIP
September 6, 2016 - Page 46