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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 0 rowN of va 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. 1 9/1/2016 II VWS-STORA GEIDESKTOPS$1TNA GEL IDESKTOPI SMOKING -0081016. DOCX September 6, 2016 - Page 16 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 2 9/1/2016 II VWS-STORA GEIDESKTOPS$1TNAGELI DESKTOPI SMOKING -0081016. DOCX September 6, 2016 - Page 17 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; 3 9/1/2016 II VWS-STORA GEIDESKTOPS$1TNAGELI DESKTOPI SMOKING -0081016. DOCX September 6, 2016 - Page 18 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 4 9/1/2016 II VWS-STORA GEIDESKTOPS$1TNAGELI DESKTOPI SMOKING -0081016. DOCX 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. 5 9/1/2016 II VWS-STORA GEIDESKTOPS$1TNAGELI DESKTOPI SMOKING -0081016. DOCX September 6, 2016 - Page 20 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 6 9/1/2016 II VWS-STORA GEIDESKTOPS$1TNAGELI DESKTOPI SMOKING -0081016. DOCX 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