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02-19-19 Town Council PacketTown Council Tuesday, February 19, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.JOINT MEETING WITH PLANNING COMMISSION - SNOWMASS CENTER PUD 3.A.Snowmass Center Major PUD, Rezoning, and Subdivision Amendment Preliminary Plan Presentation and Town Council Consideration of Resolution No. 21, Series 2019 Regarding Direction to the Planning Commission in their Review of the Project – Joint Meeting with Town Council and Planning Commission Agenda Summary Snowmass Center PUD Page 3 Resolution No. 21 Series of 2019 - Snowmass Center PUD Page 5 4.PROCLAMATIONS AND PRESENTATIONS 4.A.A Presentation and Update on an Upcoming Elk Research Project Agenda Summary Elk Research Project Page 8 5.PUBLIC COMMENT - This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. (Five Minute Time Limit) 1 Town Council Page - 2 6.CONSENT AGENDA - These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 6.A.DRAFT AGENDAS Draft Agendas Page 9 6.B.MINUTES FOR APPROVAL 12-02-18 TC Minutes for Approval Page 12 12-17-18 TC Minutes for Approval Page 20 7.POLICY/LEGISLATIVE PUBLIC HEARINGS 7.A.FIRST READING OF ORDINANCE NO. 04, SERIES OF 2019 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE , COLORADO AMENDING CHAPTER ___________ARTICLE ______ OF THE MUNICIPAL CODE OF THE TOWN OF SNOWMASS VILLAGE TO RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND CONSUMPTION OF ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES Agenda Summary Ord 4 Tobacco Page 27 Ordinance No. 04, Series 2019 - Tobacco Page 29 Ord 19-04 Exhibit A Page 43 8.ADMINISTRATIVE REPORTS 8.A.EOTC Agenda and Preparation Meeting Agenda Summary EOTC Agenda Prep Page 44 March 21, EOTC Agenda Page 46 Brush Creek P&R Page 48 P& R Page 53 Kiosk Relocation Page 56 VMS Page 59 2 Town Council Page - 3 EOTC Retreat Page 61 9.EXECUTIVE SESSION 9.A.EXECUTIVE SESSION Executive Session Page 63 10.ADJOURNMENT 3 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 19, 2019 AGENDA ITEM: Snowmass Center Major PUD, Rezoning, and Subdivision Amendment Preliminary Plan Presentation and Town Council Consideration of Resolution No. 21, Series 2019 Regarding Direction to the Planning Commission in their Review of the Project – Joint Meeting with Town Council and Planning Commission PRESENTED BY: Brian McNellis, AICP/MLA, Planner, Community Development Department BACKGROUND: The purpose of the meeting is to hear a presentation by the Applicant on a proposal to redevelop and expand the existing Snowmass Center (Faraway Ranch North). The project will include a renovated “Main Street” with mixed-use amenities including additional commercial, office, residential (restricted and free-market), and parking (street and sub-grade). The adjacent areas to the north and east would be developed to include free-market multi-family residential buildings. Following the presentation by the Applicant, the Planning Commission will close their meeting and the Town Council will consider draft Resolution No. 21, Series 2019 (attached as Exhibit A) regarding direction to the Planning Commission in their review of the project. FINANCIAL IMPACT: The proposal is expected to generate tax revenue for the Town that exceeds the annual expenditures on municipal services. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Staff finds that the project contributes to the following goals and objectives: • Affordable Housing • Community Engagement • Community Building • A Continued Commitment to Resiliency 02-19-19 TC Packet Page 3 of 64 4 • Regionalism COUNCIL OPTIONS: The Town Council shall consider the attached draft Resolution providing direction to the Planning Commission to guide their review of the Snowmass Center. The Council may: 1. Approve and adopt the Resolution as drafted 2. Approve and adopt the Resolution with changes STAFF RECOMMENDATION: Staff recommends that Town Council approve the attached resolution as drafted and direct the Planning Commission to proceed with their review of the Snowmass Center proposal at their regularly scheduled meeting of March 6th, 2019. ATTACHMENTS: 1. Exhibit A: Draft Town Council Resolution No. 21, Series 2019 02-19-19 TC Packet Page 4 of 64 5 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION No. 21 4 SERIES OF 2019 5 6 A RESOLUTION OF TOWN COUNCIL PROVIDING DIRECTION, IDENTIFYING 7 SPECIFIC COMPONENTS, AREAS OF THE CODE, OR CORE ISSUES FOR THE 8 PLANNING COMMISSION’S REVIEW OF THE MAJOR PUD AMENDMENT 9 PRELIMINARY PLAN APPLICATION FOR THE SNOWMASS CENTER 10 DEVELOPMENT AND REDEVELOPMENT. 11 12 WHEREAS, on December 22, 2018 the Eastwood Snowmass Partners, LP 13 formally submitted a Minor PUD, Preliminary Plan application; and 14 15 WHEREAS, the application was deemed adequately complete for a formal 16 referral and evaluation of the proposal on January 9th, 2019; and 17 18 WHEREAS, a joint meeting of the Planning Commission and the Town Council 19 was scheduled on February 19, 2019 to hear a presentation of the application by the 20 applicant; and 21 22 WHEREAS, pursuant to the municipal code and following the joint meeting or 23 at the next regularly scheduled meeting, the Town Council shall identify the specific 24 components or project elements, areas of the code or core issues for the Planning 25 Commission’s review of the Major PUD, Preliminary Plan application involving the 26 Snowmass Center, as addressed in this resolution. 27 28 NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of 29 Snowmass Village, as follows: 30 31 Section One: Action. Town Council Direction to the Planning Commission. 32 The Town Council directs the Planning Commission to begin focusing upon the 33 following specific components or project elements, areas of the code or core issues: 34 35 1. Zone District Standards. Compliance and compatibility of the proposed 36 development in accordance with the proposed underlying ‘MU-2’ zone district’s 37 intent and development parameters. 38 39 2. Land Use Policies. Evaluate consistency with the 2018 Comprehensive Plan 40 policies. 41 42 3. Building Design. Consider the compatibility and appropriateness of the 43 02-19-19 TC Packet Page 5 of 64 6 Attachment 1 to Staff Report dated February 19, 2019 TC Resolution 19-21 Page 2 of 3 architectural character in accordance with the municipal code’s building design 44 guidelines. 45 46 4. Scale and Mass. Evaluate if the height variances requested are justified and 47 appropriate. 48 49 5. View Impacts. Study the effects of the proposed scale, mass and heights of 50 the development as seen from Brush Creek Road and neighboring properties. 51 52 6. Parking. Evaluate whether the proposed surface parking layout and the 53 associated subsurface parking arrangement throughout the site are practical 54 and satisfy the parking needs of the commercial and residential aspects of the 55 development. Should subgrade parking be paid or not? 56 57 7. Civil Plans. Determine whether the engineering plans and reports adequately 58 address the impacts of surface drainage, runoff, bio-swales, detention, and 59 mudflow associated with the property while incorporating best management 60 practices. 61 62 8. Construction and Phasing. Weigh-in on the proposed phasing plan and make a 63 recommendation regarding its adequacy as it pertains to maintaining regular 64 operations of the grocery store and the post office. 65 66 9. Storage. Study whether the proposal adequately addresses the storage needs 67 for all residential and commercial aspects of the development. 68 69 10. Pedestrian Friendly. Address whether the proposed recreation trail and 70 sidewalk connections are properly located and adequate for safe pedestrian 71 access to and throughout the project. 72 73 11. Traffic Flow and Public Transit. Address the configuration of the roadways to 74 determine if they foster safe/efficient vehicular travel, meet emergency access 75 requirements, accommodate public transit, and allow for proper 76 maintenance/snow melt, snow storage and waste management access. 77 78 12. Landscape Plan. Evaluate the proposed planting plan and determine if there 79 is adequacy of proposed plantings/green space that offer water penetration, 80 shade, and natural amenities for the development. 81 82 13. Architecture. Evaluate whether the design and architectural materials are 83 appropriate for the site. 84 85 02-19-19 TC Packet Page 6 of 64 7 Attachment 1 to Staff Report dated February 19, 2019 TC Resolution 19-21 Page 3 of 3 Section Two: Severability. If any provision of this Resolution or application hereof 86 to any person or circumstance is held invalid, the invalidity shall not affect any other 87 provision or application of this Resolution which can be given effect without the invalid 88 provision or application, and, to this end, the provisions of this Resolution are 89 severable. 90 91 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 92 Snowmass Village on February 19, 2019 upon a motion by Council 93 Member___________second of Council Member ________________and upon a vote 94 of____ in favor and____against. 95 96 TOWN OF SNOWMASS VILLAGE 97 TOWN COUNCIL 98 99 100 ___________________________ 101 Markey Butler, Mayor 102 103 104 105 106 107 ATTEST: 108 109 110 ______________________________ 111 Rhonda B. Coxon, Town Clerk 112 113 APPROVED AS TO FORM: 114 115 116 ______________________________ 117 John C. Dresser, Jr., Town Attorney 118 119 120 02-19-19 TC Packet Page 7 of 64 8 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 19, 2019 AGENDA ITEM: A Presentation and Update on an Upcoming Elk Research Project PRESENTED BY: Nathaniel Rayl, Wildlife Researcher, Colorado Parks and Wildlife Lindsey Utter, Planning and Outreach Manager, Pitkin County BACKGROUND: Nathaniel Rayl will update the Council on an upcoming Elk Research Project expected to occur the Spring in and around Snowmass Village. Pitkin County is assisting financially in this project. FINANCIAL IMPACT: N/A APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: The regional approach to this project addresses a Council goal and, the new Comprehensive Plan frequently refers to a priority of respecting our natural surroundings. COUNCIL OPTIONS: NA STAFF RECOMMENDATION: This is only a presentation and update. No action is required. 02-19-19 TC Packet Page 8 of 64 9 DRAFT 2019 Agenda Items • Regular Meetings begin at 4:00 p.m. unless otherwise noted • Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. • The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. • In addition to agenda items, this document also lists expected absences of Town Council members. In compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2019 Meetings Tues. Feb. 19th – Regular Meeting (Monday is Presidents Day) (Shenk Out) • Joint Meeting w. Planning Commission – Snowmass Center PUD • Pitkin County Open Space Presentation and Discussion re: wildlife Gary T and Lindsey?? • Input on setting the EOTC agenda (March 21) • 1st reading ord no 4 purchase Cigarettes age to 21 • Executive session Mon. Mar. 4th – Regular Meeting • Appreciation Resolutions for past Board Members 12 Resolutions • Fire District – Wildfire Mitigation Updates and Recommendations • 1st reading Ord no 2 revising 2019 budget • 1st reading Ord no 3 regarding retail marijuana sales Mon. Mar. 11th – Work Session • Apre with Town Council Preview Mon. Mar. 18th – Regular Meeting • Preparation for EOTC Meeting (on March 21) • 2nd reading ord no 4 purchase Cigarette age to 21 • 2nd reading Ord revising 2019 budget • 2nd reading Ord 3 mj sales Thurs Mar. 21 – EOTC Meeting – Snowmass Village will Chair-(Goode Out) Mon. Apr. 1st – Regular Meeting • Reso with recommendations to TC from Citizen Grant Review Board Mon. Apr. 8th – Work Session Mon. Apr. 15th – Regular Meeting Mon. May 6th – Regular Meeting Mon. May 13th – Work Session Mon. May 20th – Regular Meeting Mon. Jun. 3rd - Regular Meeting 02-19-19 TC Packet Page 9 of 64 10 DRAFT 2019 Agenda Items Mon. Jun. 10th - Work Session Mon. Jun. 17th - Regular Meeting Thurs. Jun. 20th - EOTC Meeting - Pitkin County to Chair Mon. Jul. 1st - Regular Meeting Mon. Jul. 8th - Work Session Mon. Jul. 15th - Regular Meeting Mon. Aug. 5th - Regular Meeting Mon. Aug. 12th - Work Session Mon. Aug 19th - Regular Meeting Tue. Sep. 3rd - Regular Meeting (Monday is Labor Day) Mon. Sep. 9th - Work Session Mon. Sep. 16th - Regular Meeting Mon. Oct. 7th - Regular Meeting Mon. Oct. 14th - Work Session Thurs. Oct. 17th - EOTC Meeting -Aspen to Chair Mon. Oct. 21st - Regular Meeting Mon. Nov. 4th - Regular Meeting Mon. Nov. 11th -Work Session Mon. Nov. 18th - Regular Meeting Mon. Dec. 2nd - Regular Meeting Mon. Dec. 9th - Special Meeting Mon. Dec. 16th - Regular Meeting 02-19-19 TC Packet Page 10 of 64 11 DRAFT 2019 Agenda Items Topics for Work Sessions or Other Meetings Requested by Town Council Members • Update on Daly Town Home regarding retaining wall • How did they do that? • Environmental Discussions/ Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) Update Council on solar project that was included in 2019 budget with findings from FAB, etc • Housing strategy: 1) discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy • Action on Necessary IGA’s or other documents regarding “school property tax” distribution • A discussion on potentially allowing camping (RV or other) within the Village • Schedule Updates will all of the Town Boards to review priorities and current initiatives o EAB o FAB o PTRAB o POSTR o Marketing o Grants – Recent Awards; Review of Criteria; Purpose, etc. o SAAB o Planning • RFTA Strategic Priorities Update w. New Mill Levy 02-19-19 TC Packet Page 11 of 64 12 1 SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 DECEMBER 3, 2018 4 5 1) CALL TO ORDER 6 7 8 Mayor Butler called to order the Regular Meeting of the Snowmass Village Town 9 Council on Monday, December 3, 2018 at 4:01 p.m. 10 11 2) ROLL CALL 12 13 14 COUNCIL MEMBERS PRESENT: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 15 COUNCIL MEMBERS ABSENT: All council members were present. 16 STAFF PRESENT: Clint Kinney, Town Manager, John Dresser, Town Attorney, Travis Elliott, Assistant to the Town Manager, Rose Abello, Tourism Director, and Betsy Crum, Housing Director, Rhonda B. Coxon, Town Clerk 17 PUBLIC PRESENT: Susan Cross, Naomi Smith, Andrew Wicks, Debbi Falender, Steve Sewell, Renee Grossman, Jamie Knowlton, Jeff Head, George Gordon, Whitney Gordon, Gwyn Knowlton, Stephen and Sandra Stay, Lisa Cagley, Mike Kaplan and other members of the public interested in today’s Agenda items. 3) PROCLAMATIONS AND PRESENTATIONS 18 19 20 A. ASPEN SKIING COMPANY UPDATE 21 General Business Update - Mike Kaplan 22 Limelight Hotel info and key dates, activity costs - Lindsay Cagley 23 On Mountain Improvements - Steve Sewell and Susan Cross 24 25 26 Mike Kaplan, CEO of the Aspen Skiing Company started this presentation with a 27 general business update which began with the ski company's guiding principles which 28 includes humanity, excellence, sustainability, and passion. He then spoke to summer 29 versus winter occupancy and getting guests here in the low valleys of each season. He 30 02-19-19 TC Packet Page 12 of 64 13 12-03-18 TC Minutes Page 2 of 8 then went on to describe the "Give a Flake" campaign which included and ad and 31 prepaid post cards for readers off to send to senators of snowy states to remind them 32 how important snow, and skiing are to their states and how rapidly changing climate is 33 affecting the snowy states. 34 35 Lindsay Cagley the General Manager for the Limelight Snowmass Hotel provided 36 information on the Hotel and what will be opening December 15, 2018 Base Village 37 Grand Opening. The Lounge will be open every day at 2:00 p.m. with live music five 38 nights a week and there is a guest breakfast which the public can pay for. Cagley also 39 spoke to the garage and parking, staffing and reviewed all the new businesses that will 40 be open or opening by the Grand Opening. She also spoke to the advance booking and 41 they are going exceptionally well through the rest of the season is pacing ahead of 42 Limelight Aspen. 43 44 At this time Steve Sewell spoke to last year start day of the season compared to this 45 year, far better numbers this year with the early snow. Sewell stated that not only have 46 we had natural snow, but it has been a great snow making conditions due to the cold 47 temperatures without the four or five days of warmer weather, and he spoke to the new 48 pumps and new snow making on trails that have not had snow making in the past. 49 50 4) PUBLIC COMMENT 51 52 Jamie Knowlton a resident and longtime local of the valley noted that there are 53 community members in the audience that would like to speak to Resolution No. 36, 54 Series of 2018, which is in support of Gwyn's restaurant and asked that this item be 55 moved up in the agenda. 56 57 5) CONSENT AGENDA 58 59 60 A. DRAFT AGENDAS 61 62 B. RESOLUTION NO. 32, SERIES OF 2018 - A RESOLUTION ESTABLISHING 63 DATES FOR REGULAR MEETINGS OF THE SNOWMASS VILLAGE TOWN 64 COUNCIL FOR THE MONTHS OF JANUARY 2019 THROUGH DECEMBER 65 2019 66 67 68 Bob Sirkus made the motion to approve those item list on today's consent agenda. Tom 69 Goode seconded the motion. The motion was approved by a vote of 5 in favor to 0 70 opposed. 71 72 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 73 74 Voting Nay: None. 75 02-19-19 TC Packet Page 13 of 64 14 12-03-18 TC Minutes Page 3 of 8 John Dresser, Town Attorney asked that Resolution No. 39, Series of 2018 be pulled 76 from the consent agenda. 77 78 RESOLUTION NO. 39, SERIES OF 2018 - A RESOLUTION OF THE TOWN COUNCIL 79 OF THE TOWN OF SNOWMASS VILLAGE CERTIFYING DELINQUENT SOLID 80 WASTE FEES TO THE PITKIN COUNTY TREASURER FOR PLACEMENT UPON 81 THE TAX LIST FOR THE CURRENT YEAR, TO BE COLLECTED IN THE MANNER 82 OTHER TAXES ARE COLLECTED PURSUANT TO SNOWMASS VILLAGE 83 MUNICIPAL CODE SECTION 7-41(b) AND IN COMPLIANCE WITH THE LAWS OF 84 THE STATE OF COLORADO FOR THE ASSESSMENT AND COLLECTION OF 85 GENERAL TAXES 86 87 88 Tom Goode made the motion to approve as amended Resolution No. 39, Series of 89 2018 removing item 23 from the attachment Bill Madsen seconded the motion. The 90 motion was approved by a vote of 5 in favor to 0 opposed. 91 92 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 93 94 Voting Nay: None. 95 Alyssa Shenk made the motion to approve Resolution No. 39, Series of 2018 certifying 96 delinquent solid waste fees to the Pitkin County Treasurer for collection. Bob Sirkus 97 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 98 99 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 100 101 Voting Nay: None. 102 At this time the Mayor moved this item up in the order of the agenda. 103 104 7) TOWN COUNCIL REPORTS AND ACTIONS 105 106 107 A. RESOLUTION NO. 36, SERIES OF 2018 - A RESOLUTION OF STRONG 108 SUPPORT FOR GYWN’S AS A LOCALLY-OWNED AND OPERATED 109 BUSINESS ON SNOWMASS MOUNTAIN 110 111 112 John Sweeney a resident of Snowmass Village resident and prior resident of Red 113 Mountain stated that Gwyn's is a family institution and begged the Ski Company to 114 change their mind on the extension of their lease. 115 116 Debbi Falender a resident of Aspen is a fan of the Aspen Skiing Company but a bigger 117 fan of Gwyn’s restaurant and family, she is sadden by the loss of this establishment 118 02-19-19 TC Packet Page 14 of 64 15 12-03-18 TC Minutes Page 4 of 8 within the community. 119 120 At this time Council Member Sirkus spoke to the resolution in the packet and the resort 121 versus the community. This is a multi-generational business, he is in favor of the 122 Resolution with some minor changes. 123 124 Council Member Goode is not in favor of this resolution because this restaurant is sitting 125 on private property although he also will miss Gwyn's and the family, the Aspen Skiing 126 Company is the owner of the property. Council Member Madsen is not in favor of the 127 Resolution either, due to the government has no control over the situation. 128 129 Council Member Shenk stated it is the responsibility of the Town Council to represent 130 the community she stated that Mike Kaplan from the Aspen Skiing Company started his 131 presentation with a values based leadership and that is not what the Skico is doing by 132 not extending Gwyn's lease. 133 134 Jamie Knowlton provided some language for the Resolution and provided a copy to the 135 Town Attorney. 136 137 Bob Sirkus made the motion to approve as amended Resolution No. 36, Series of 2018 138 - a Resolution of strong support for Gwyn’s. Alyssa Shenk seconded the motion. The 139 motion was approved by a vote of 3 in favor to 2 opposed. 140 141 Voting Aye: Bob Sirkus, Alyssa Shenk, and Markey Butler. 142 143 Voting Nay: Tom Goode, and Bill Madsen. 144 6) ADMINISTRATIVE REPORTS 145 146 147 A. Discussion and Possible Action to Authorize the Execution of a Lease for 148 Building 6; The Collective 149 150 151 Clint Kinney, Town Manager stated this is the third time this concept has been 152 discussed with the Town Council, on May 7, the Town Council passed a motion 153 authorizing the execution of a term sheet that created the framework for the "Village 154 Hall" concept to be developed in Building 6. On September 17,2018 the Council 155 received a presentation and update from Town Staff and East West Partners on the 156 progress being made to construct and operate the facility. On November 3, 2018 the 157 Council received another update on the facility. That update included: 1) East West has 158 executed a Letter of intent with a food and beverage operator. The name of the operator 159 is not being released until all the leases are finalized. The restaurant is planned to be a 160 fast, casual, healthy dining experience. Guest will be made welcome and encouraged to 161 "hang out" in the facility. 2) Semple Brown has been hired as the interior architect. 162 02-19-19 TC Packet Page 15 of 64 16 12-03-18 TC Minutes Page 5 of 8 Schematic design is under way. interior construction is not expected to start until April. 163 3) Snowmass Discovery has engaged their exhibit designers. The Snowmass Discovery 164 exhibit designers have met with Semple Brown to review potential layouts. These 165 designers will be developing the detailed vision for the exhibit space and will be working 166 to develop an appropriate phasing plan. 4) Several iterations of the proposed lease 167 have been worked through. The final draft lease is attached for review. Overall it 168 conforms to the original term sheet with some minor exceptions. 5) East West has hired 169 staff to coordinate activities in the building this winter. In addition to the activities 170 scheduled inside the building, East West has secured a liquor license and a vendor to 171 operate a temporary bar on the outside deck of Building 6. Council Member Sirkus has 172 issues with the language under the termination clause beginning on page 26 of the 173 Master lease. 174 175 As the project goes forward, the Town is expected to contribute $767,000 toward the 176 completion of this building. Of this amount, $350,000 is earmarked to design and 177 complete the Discovery Area and the remainder will go toward completing the other 3 178 "sections" of the building. East West has committed to fund an additional estimated $2+ 179 millions of tenants finishes for the building. Operational costs of the building are 180 anticipated to be covered/paid by lease revenue in the building. The primary lease 181 revenue is anticipated to be paid by the restaurant tenant. Any profits (as defined by the 182 lease) derived by the building will be split 50/50 between the Town and East West. Per 183 the lease, the Town will not be responsible for any operational losses. 184 185 Bill Madsen made the motion to approve authorizing the Town Manager to sign the 186 lease for Building 6. Tom Goode seconded the motion. The motion was approved by a 187 vote of 5 in favor to 0 opposed. 188 189 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 190 191 Voting Nay: None. 192 Town Council took a break at this time. 193 194 B. Updated Draft Regulatory Framework for Retail Marijuana Stores in Snowmass 195 Village for Discussion 196 197 198 Travis Elliott, Assistant to the Town Manager stated this is a continuation of the Town 199 Council’s discussion giving direction on the creation of a regulatory framework for retail 200 marijuana stores in Snowmass Village. At the previous meeting, the Town Council 201 provided initial direction on various buffers, restrictions, and regulations, including the 202 following: Restrictions and Buffers Agreed to on October 15: 203 1. Marijuana District re-drawn to exclude all Base Village 204 2. 300’ Proximity Limitation from any two stores 205 02-19-19 TC Packet Page 16 of 64 17 12-03-18 TC Minutes Page 6 of 8 3. 300’ Buffer from Licensed Childcare Facilities 206 4. 100’ Buffer from the Ski Slope 207 5. 200’ Buffer from Skittles Gondola 208 6. No 1st level establishments at the Snowmass Center and Snowmass Mall 209 7. Signage and storefronts cannot be visible from Brush Creek Road or Carriage 210 Way 211 These restrictions are depicted in the map attached to today’s packet material. 212 Marijuana Business License Maximum Limit: Placing a numeric cap on the total 213 number of the retail marijuana licenses was discussed but left unanswered by most of 214 the Council on October 15th. Although the restrictions and buffers listed above will 215 restrain the total number of establishments by limiting the amount of viable locations, 216 some Council members wanted to consider an additional restriction that would impose a 217 cap on the number of shops at a firm and known amount. This has been the practice in 218 several other municipalities to provide assurances as to the maximum total number of 219 marijuana stores that will be operating in town. Due to the experience of these 220 municipalities, however, staff recommends not placing a numeric cap on the total 221 number of licenses. Through the experiences of other communities, staff remains 222 concerned that putting a cap in place may inadvertently create an unwarranted market 223 demand and artificial value on the licenses. This would most likely inhibit the licensing 224 process to allocate the limited number of available licenses equitably and legally among 225 the total number of applicants. If the Town Council chooses to limit the total number of 226 licenses, staff would recommend imposing additional rules for each issued license to 227 prevent individuals from monetizing the value of the license. Examples include placing 228 an expiration date on the license and prohibiting direct transfers of licenses to other 229 prospective business owners. 230 231 Residency Requirements: Another possible restriction that the Town Council can 232 consider is a residency requirement for license holders. This has been implemented in 233 other municipalities to require or give preference to local businesses over large 234 businesses from outside the region. Implementing this requirement would require 235 applicants for marijuana business owners to be residents of Snowmass Village, or the 236 local region, whichever the Town Council would prefer. When considering this 237 restriction, it is important to note that other municipalities have experienced outside 238 businesses circumventing this requirement. We have heard reports of business owners 239 simply purchasing property in the region, hiring a local manager, or even paying locals 240 to put their name on the license as the “applicant” in title for the sole purpose of fulfilling 241 the residency requirement. 242 243 After a very lengthy discussion the Town Council consensus was the buffer restrictions 244 were acceptable and then the Town Council provided direction to staff to keep the 245 Snowmass Center within the proposed district. They would like to continue the 246 discussion to December 10, 2018 Town Council Meeting. 247 248 8) EXECUTIVE SESSION 249 02-19-19 TC Packet Page 17 of 64 18 12-03-18 TC Minutes Page 7 of 8 250 251 EXECUTIVE SESSION 252 253 At 7:32 p.m. 254 255 It is the recommendation of the Snowmass Village Town Staff that the Council make 256 and approve the following motion 257 Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and 258 Snowmass Village Municipal Code Section 2-45(c), to specifically discuss and/or 259 consider two items: 260 261 a) Determining positions relative to matters that may be subject to negotiations; 262 developing strategy for negotiations; and instructing negotiators, pursuant to 263 C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2-264 45(c)(5); and 265 b) The purchase, acquisition, lease, transfer, or sale of any real, personal, or 266 other property interest; except that no executive session shall be held for the 267 purpose of concealing the fact that a member of the Town Council has a 268 personal interest in such purchase, acquisition, lease, transfer, or sale 269 pursuant to C.R.S. 24-6-402(4)(a) and Snowmass Village Municipal Code 270 Section 2-45(c)(1) ; 271 Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting 272 to hold an Executive Session and for the sole purpose of considering items (a) and (b) 273 above. Provided further, that no adoption of any proposed policy, position, resolution, 274 regulation, or formal action shall occur at this Executive Session 275 276 Bob Sirkus made the motion to enter closed session Alyssa Shenk seconded the 277 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 278 279 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 280 281 Voting Nay: None. 282 At 8:18 p.m., 283 Bob Sirkus made the motion to reconvene to the Regular Meeting of the Snowmass 284 Village Town Council on Monday, December 03, 2018, Alyssa Shenk seconded the 285 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 286 287 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 288 02-19-19 TC Packet Page 18 of 64 19 12-03-18 TC Minutes Page 8 of 8 289 Voting Nay: None. 290 9) ADJOURNMENT 291 292 At 8:19 p.m. 293 Bill Madsen made the motion to adjourn the Regular Meeting of the Snowmass Village 294 Town Council, Alyssa Shenk seconded the motion. The motion was approved by a vote 295 of 5 in favor to 0 opposed. 296 297 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 298 299 Voting Nay: None. 300 301 This set of meeting minutes was approved by the Snowmass Village Town Council at 302 the Regular Meeting on Tuesday, February 19, 2019. 303 304 Submitted By, 305 306 ________________________ 307 Rhonda B. Coxon, CMC 308 Town Clerk 309 310 02-19-19 TC Packet Page 19 of 64 20 1 SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 DECEMBER 17, 2018 4 5 1) CALL TO ORDER 6 7 Mayor Butler called to order the Regular Meeting of the Snowmass Village Town 8 Council on Monday, December 17, 2018 at 4:00 p.m. 9 10 2) ROLL CALL 11 12 13 COUNCIL MEMBERS PRESENT: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 14 COUNCIL MEMBERS ABSENT: Bob Sirkus. 15 STAFF PRESENT: Clint, Kinney, Town Manager, John Dresser, Town Attorney, Travis Elliott, Assistant to the Town Manager, David Peckler, Transit Director, Brian McNellis, Planner; Betsy Crum, Housing Director; and Rhonda B Coxon, Town Clerk 16 PUBLIC PRESENT: David Pesnichak, Ann Lowenthal, Thomas Kosih and other members of the public interested in today’s Agenda items. 17 3) PUBLIC COMMENT 18 19 Thomas Kosih the President of Metro District No. 2 which is the financial arm of Base 20 Village and has 250 homeowners within the Base Village, and he asked that you do not 21 forget they are in year two of not receiving money from the current developers and past 22 developers for damage that is now in a law suit. 23 24 4) CONSENT AGENDA 25 26 A. DRAFT AGENDAS 27 28 29 B. MINUTES FOR APPROVAL 30 31 Town Council Minutes for November 19, 2019 for approval, Council Member Shenk 32 asked that line 135 in the minutes be restated to make more sense. 33 34 C. APPROVAL OF TOWN COUNCIL APPOINTMENTS TO OUTSIDE BOARDS 35 02-19-19 TC Packet Page 20 of 64 21 12-17-18 TC Minutes Page 2 of 7 36 Tom Goode made the motion to approve those items listed on the consent agenda. Bill 37 Madsen seconded the motion. The motion was approved by a vote of 4 in favor to 0 38 opposed. Council Member Sirkus was absent. 39 40 Voting Aye: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 41 42 Voting Nay: None. 43 5) POLICY/LEGISLATIVE PUBLIC HEARINGS 44 45 A. CONTINUED PUBLIC HEARING - SECOND READING OF AN ORDINANCE 46 AMENDING THE TOWN OF SNOWMASS VILLAGE COMPREHENSIVE PLAN 47 48 49 Clint Kinney, Town Manager first congratulated the Town Council on coming to second 50 reading of the adoption of the Comprehensive Plan which has taken a lot of work in the 51 last two year. Kinney reviewed the history and how we got here today. After a series of 52 public hearings that began on July 2,2018, Town Council held first reading of an 53 ordinance adopting the Amended Comprehensive Plan on November 19, 2018 and set 54 second reading for December 17 ,2018. Staff has incorporated all the changes 55 suggested by Town Council (as shown on the Red-Marked Print included as Attachment 56 item 5.A 3), including some minor grammatical changes recommended by Council 57 Member Shenk (these show up with a blue background). Our consultants, TPUDC, 58 have incorporated all these changes into the Final Draft attached as item 5.A 4. 59 Following adoption of the Comprehensive Plan, it is expected that the Land Use and 60 Development Code (LUDC) will be reviewed and amended to remain consistent with the 61 direction of the Amended Comprehensive Plan. We expect to begin the LUDC update in 62 the first quarter of 2019. 63 64 He stated there are four parts that make up this document 1) Planned Framework, 2) 65 Aspiration Statement, 3) Guiding Principles and section 4) Just big enough. Mayor 66 Butler thanked all the staff and the Planning Commission and the entire community for 67 the hard work on this community document. 68 69 Tom Goode made the motion to approve by a roll call vote Ordinance No. 09, Series of 70 2018 - Amending the Comprehensive Plan Alyssa Shenk seconded the motion. The 71 motion was approved by a vote of 4 in favor to 0 opposed. Council Member Sirkus was 72 absent. 73 74 Voting Aye: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 75 76 Voting Nay: None. 77 6) ADMINISTRATIVE REPORTS 78 02-19-19 TC Packet Page 21 of 64 22 12-17-18 TC Minutes Page 3 of 7 79 A. TRANSIT PRESENTATION (How did they do that) RAMP UP FOR NEW 80 SEASON AND NEW STUFF 81 82 83 David Peckler, Transit Director and Travis Elliot, Assistant to the Town Manager 84 provided a presentation "How did we do that" for the Snowmass Village Shuttle map 85 and routes now on google maps. He showed the old map used since the 90's and the 86 new brochure in connection with digitizing the materials. He stated that the new map is 87 also able to fold in half and is the same size of a skier trail map. Attributes were added 88 to help with way finding and destinations including a mapping key to Lodges and 89 Condos. 90 91 He stated that there is a great amount of work that goes into setting up the winter 92 shuttle service: getting equipment and materials ready, fine tuning the service plan, 93 making work schedules, and hiring/licensing/training seasonal staff. We have put 94 together a great crew this winter to cover the driving and facility positions for this winter: 95 15 full time year-round staff, 19 full time seasonal staff, and I part time/fill-in staff. 96 Special thanks should go to the supervisors who put this all together. My presentation 97 today focuses on the new Village Shuttle information for this winter. We have worked 98 with the design firm Studio 6 to create a new brochure for our customers and the 99 integration of our service onto Google Maps. The exterior of the new brochure uses the 100 colors of our vehicle graphics to promote a consistent color theme in all our materials. 101 The exterior of the brochure provides general information and how to use our shuttle 102 system and how to get around the valley on RFTA. The interior of the brochure has a 103 new map that is designed like a metro system's map, please see web page 104 at http://snowmasstransit.com/DocumentCenter/View/342/Winter-Village-Shuttle-105 Map. The map emphasizes key locations in the town and provides geographic 106 orientation to help with locating where one is in the service area. We have streamlined 107 the depiction of the routes on the map to have one map that depicts the entire system. 108 There is a lodging key that identifies the location of the property on the map and shows 109 the corresponding route number that services a property. RFTA's routing is also show 110 on the map. We have also created a "frequency chart" to try and present the shuttle 111 service information in a simple and concise image. At this time Elliott demonstrated 112 how to use the app for the Town Council Members. The Town Council thanked both 113 Peckler and Elliott for the great work. 114 115 B. New Regional Planner David Pesnichak Update on EOTC Projects 116 117 118 David Pesnichak, Regional Transportation Administrator for the Elected Officials 119 Transportation Committee started in September and is visiting each of the three 120 governmental agencies that make up the EOTC and asking how has EOTC operated in 121 the past and how to the Council would like to see it operate in the future. The Town 122 Council stated that interaction between three political entities that only get together for 123 02-19-19 TC Packet Page 22 of 64 23 12-17-18 TC Minutes Page 4 of 7 EOTC meetings they encourage consolidated thoughts prior to the meeting and try to 124 reduce the repetitive talking during the meetings. The other area brought up by the 125 Mayor was the concept of the "Lock Boxes" and fair allocations. Pesnichak was hired to 126 represent each of these governmental agencies. There was also some discussion on 127 the mobility lab regarding the Intercept lot. Another idea was a working group with two 128 representatives from each political entity to work through issues and ideas and possibly 129 a visioning retreat. 130 131 C. UPDATE ON COFFEY PLACE PROJECT 132 133 134 Betsy Crum, Housing Director provided background for the Town Council on how we 135 got to Coffey Place noting for several years, the Town of Snowmass Village has been 136 considering development of a new phase of for-sale, owner occupied homes in and 137 adjacent to the current Rodeo Place housing development. Approximately two years 138 ago, the Housing Department contracted with Charles Cunniffe Architects to develop a 139 schematic plan to add housing along Stallion Circle near the entrance to the 140 development, adjacent to the existing tennis courts, and at the northeast portion of the 141 site at the former Seven Star parcel. Based on this plan, the Council appropriated $3.3 142 million in funding to subsidize development of approximately 16-18 new housing units. 143 Earlier this year and following a competitive RFP process, we engaged Charles 144 Cunniffe Architects to provide full architectural design and construction oversight 145 services for the development of this expanded phase, now named Coffey Place in honor 146 of the late Joe Coffey. SGM is providing engineering services and HP Kumar is 147 overseeing the geotechnical work. This team has been working with the Town for the 148 past several months to refine and put "meat" on the bones of the earlier schematic 149 design. Not surprisingly, the site has wetlands, soils and slope issues that have 150 somewhat constrained the original site design. However, there is still the ability to 151 develop appealing, high quality homes in a manner that fits in well with the surrounding 152 neighborhood and natural environment. We are now ready to move our plan forward 153 through the full design and permitting stage. She stated the current plan is to develop a 154 total of 18 new housing units: 6 new two-bedroom duplex units of approximately 1,665 155 Square feet each and 12 single family detached homes. There will be a meeting with 156 the neighbors in Rodeo Place on January 8th, 2019. 157 158 Jim Kehoe, with Charles Cunniffe Architects provided a brief presentation on the 159 proposed site plan and unit design of the project at this time. 160 161 7) TOWN COUNCIL REPORTS AND ACTIONS 162 163 164 A. DISCUSSION ON FCC RULE MAKING CHANGES 165 166 167 02-19-19 TC Packet Page 23 of 64 24 12-17-18 TC Minutes Page 5 of 7 Mayor Butler thanked everyone for attending the Grand Opening of Base Village this 168 past Saturday. She stated this was a very successful event and very well attended by 169 the entire Roaring Fork Valley. 170 171 Mayor Butler stated she attended a RFTA and Public Health Board Meeting. 172 173 Council Member Sirkus attend a NWCCOG meeting and has included a letter of support 174 for the FFC regarding Franchise fees and the Town Council was in support executing 175 the letter for the Mayor's signature. 176 177 Council Member Shenk commented on how nice the new lights are at the Ice Rink at 178 the Recreation Center. She also stated that Labrador Lane at the golf course has been 179 re-routed again and there needs to be additional signage. 180 181 Council Member Goode inquired about the temporary tent the Fire District was using at 182 the entry way, and Clint Kinney, Town Manager provided an update. 183 184 8) EXECUTIVE SESSION 185 186 EXECUTIVE SESSION 187 188 At 5:55 p.m. 189 It is the recommendation of the Snowmass Village Town Staff that the Council make 190 and approve the following motion 191 Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and 192 Snowmass Village Municipal Code Section 2-45(c), to specifically discuss and/or 193 consider two items: 194 a) Determining positions relative to matters that may be subject to negotiations; 195 developing strategy for negotiations; and instructing negotiators, pursuant to 196 C.R.S. 24-6-402(4)(e) and Snowmass Village Municipal Code Section 2-45(c)(5); 197 and 198 b) The purchase, acquisition, lease, transfer, or sale of any real, personal, or 199 other property interest; except that no executive session shall be held for the 200 purpose of concealing the fact that a member of the Town Council has a 201 personal interest in such purchase, acquisition, lease, transfer, or sale pursuant 202 to C.R.S. 24-6-402(4)(a) and Snowmass Village Municipal Code Section 2-203 45(c)(1) ; 204 Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting 205 to hold an Executive Session and for the sole purpose of considering items (a) and (b) 206 02-19-19 TC Packet Page 24 of 64 25 12-17-18 TC Minutes Page 6 of 7 above. Provided further, that no adoption of any proposed policy, position, resolution, 207 regulation, or formal action shall occur at this Executive Session 208 209 Tom Goode made the motion to enter closed session Bill Madsen seconded the 210 motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 211 Member Sirkus was absent. 212 213 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 214 215 Voting Nay: None. 216 At 6:23 p.m. 217 218 Markey Butler made the motion to approve reconvening to the Regular Meeting of the 219 Snowmass Village Town Council on Monday, December 17, 2018. Bill Madsen 220 seconded the motion. The motion was approved by a vote of 4 in favor to 0 221 opposed. Council Member Sirkus was absent. 222 223 Voting Aye: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 224 225 Voting Nay: None. 226 9) ADJOURNMENT 227 228 At 6:24 p.m. 229 230 Tom Goode made the motion to adjourn the Regular Meeting of the Snowmass Village 231 Town Council on Monday, December 17, 2018. Alyssa Shenk seconded the 232 motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 233 Member Sirkus was absent. 234 235 Voting Aye: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 236 237 Voting Nay: None. 238 This set of meeting minutes was approved the Snowmass Village Town Council at their 239 Regular Meeting on Tuesday, February 19, 2019. 240 241 Submitted By, 242 243 __________________________ 244 Rhonda B. Coxon 245 02-19-19 TC Packet Page 25 of 64 26 12-17-18 TC Minutes Page 7 of 7 Town Clerk 246 247 02-19-19 TC Packet Page 26 of 64 27 1 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 19, 2019 AGENDA ITEM: FIRST READING OF ORDINANCE NO. 04, SERIES OF 2019 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE , COLORADO AMENDING CHAPTER ___________ARTICLE ______ OF THE MUNICIPAL CODE OF THE TOWN OF SNOWMASS VILLAGE TO RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND CONSUMPTION OF ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES PRESENTED BY: Rhonda B. Coxon, Town Clerk BACKGROUND: Town Council directed staff at the February 4, 2019 Town Council meeting to draft an ordinance to raise the minimum age to purchase tobacco products to 21 and to prohibit possession of tobacco by individuals less than 21 in the Town of Snowmass Village. Attached is a draft ordinance that will update the Municipal Code accordingly. The location and section of the Municipal Code will ultimately be determined by the Town Attorney. The appropriate chapter and article numbers will be included for second reading of this ordinance. FINANCIAL IMPACT: The Town Council has directed staff to issue Tobacco Retail Licenses, so the Town will then lose the $15,000 a year for collected on tobacco sales. The License fee and any violations will be the only revenue collected. There are only four entities will be licensed at this time at $125.00 per license. COUNCIL OPTIONS: 1. Approve at First Reading 2. Amend at First Reading 02-19-19 TC Packet Page 27 of 64 28 2 3. Deny at First Reading STAFF RECOMMENDATION: Approve at First Reading and schedule Second reading for March 18, 2019 ATTACHMENTS: A. Ordinance No. 4 Series of 2019 B. Exhibit A - Fees 02-19-19 TC Packet Page 28 of 64 29 ORDINANCE NO. 04 1 SERIES OF 2019 2 3 SNOWMASS VILLAGE 4 TOWN COUNCIL 5 6 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 7 VILLAGE , COLORADO AMENDING CHAPTER ___________ARTICLE ______ OF 8 THE MUNICIPAL CODE OF THE TOWN OF SNOWMASS VILLAGE TO RAISE THE 9 MINIMUM AGE FOR THE PURCHASE, POSSESSION, AND CONSUMPTION OF 10 TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM AGE FOR THE 11 PURCHASE, POSSESSION, AND CONSUMPTION OF ELECTRONIC SMOKING 12 DEVICES AND RELATED SUBSTANCES 13 WHEREAS, diseases related to cigarette smoking remain one of the largest 14 public health concerns nationwide, and in the State of Colorado, lung cancer is the 15 leading cause of preventable death, accounting for 5, I 00 deaths each year; and 16 WHEREAS, 90 percent of adult smokers started smoking before the age of 18, 17 and each day more than 3,000 adolescents in the U.S. try their first cigarette; and 18 WHEREAS, since 2014, after decades of effective anti-smoking campaigns and 19 decreasing smoking rates in the U.S., there has been a surprising increase in youth 20 tobacco use; and 21 WHEREAS, over 320 localities and five states in the U.S. have enacted into law 22 regulations prohibiting the sale of tobacco products to individuals under the age of 21; 23 and 24 WHEREAS, research demonstrates that raising the minimum age is effective in 25 curbing high school tobacco use by up to 50 percent; and 26 WHEREAS, research shows that teens purchase cigarettes from peers and that 27 90 percent of the "social sources" (i.e. friends and family) of tobacco for 12- to 18-28 year-olds are 18- to 21-year-olds; and 29 WHEREAS, research has also shown that youth do not routinely make the 30 effort to travel to neighbor in g localities if the minimum sales age is increased to 21 in 31 their home municipality; and 32 WHEREAS, there has been a sharp uptick in vaping by middle and high school 33 students through use of electronic smoking devices like e-cigarettes. E-cigarettes are 34 now the most commonly used tobacco product among youth. According to a 2016 U.S. 35 Surgeon General report, more than three million youth in middle and high school, 36 including about one of every six high school students, used e-cigarettes in the past 37 month, and more than a quarter of youth in middle and high school have tried e-38 cigarettes. A recent CDC study shows that Colorado leads 37 states surveyed for use 39 of e-cigarettes among high school students and nearly six percent of those student’s 40 report using electronic smoking devices regularly; and 41 02-19-19 TC Packet Page 29 of 64 30 19-04 TC Ord Page 2 of 14 WHEREAS, the substances consumed via electronic smoking 42 devices can include nicotine, flavorings, and toxic particles, and electronic 43 smoking devices can also be used as delivery systems for marijuana and 44 other illicit drugs; and 45 46 WHEREAS, public health advocates warn that vaping can lead to long-term 47 health risks and nicotine addiction in teenagers; and 48 49 WHEREAS, raising the minimum age for the purchase, use and 50 possession of electronic smoking devices and substances to be consumed 51 through such devices may reduce youth initiation and overall usage rates; 52 and 53 WHEREAS, research indicates that by combining enforcement efforts 54 to include possession, use and purchase laws may reduce underage tobacco 55 use; and 56 57 WHEREAS, the Town Council finds and determines that the enactment 58 of the regulations set forth herein is in the interest of the public health, safety, 59 and welfare of the residents of the Town of Snowmass Village. 60 61 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 62 Snowmass Village that the Snowmass Village Municipal Code is hereby amended by 63 adding ______________reads as follows: 64 I. The foregoing recitals are hereby adopted as findings and 65 determinations of the Town Council. 66 67 2. Chapter __Article __ of the Town of Snowmass Village Municipal 68 Code shall be amended by adding the language below: 69 70 Sale of cigarettes: -tobacco products. and electronic smoking 71 devices. 72 73 (a) For purposes of this Code, the following words shall have the 74 meanings ascribed hereafter: 75 76 Cigarettes means any product that contains tobacco or nicotine. including 77 but not limited to premanufactured cigarettes and/or hand-rolled cigarettes. 78 that is intended to be burned or heated under ordinary conditions of use, 79 and consists of or contains: 80 81 (1) any roll of tobacco wrapped in paper or in any substance not 82 containing tobacco; 83 84 (2) tobacco in any form that is functional in the product, which. 85 because of its appearance. the type of tobacco used in the filler, 86 02-19-19 TC Packet Page 30 of 64 31 19-04 TC Ord Page 3 of 14 or its packaging or labeling, is likely to be offered to. or 87 purchased by consumers as a cigarette: or 88 89 (3) any roll of tobacco wrapped in any substance containing 90 tobacco that, because of its appearance. the type of tobacco used 91 in the filler. or its packaging and labeling. is likely to be offered to. or 92 purchased by. consumers as a cigarette described in subparagraph 93 (I) above. 94 95 (4) The term includes all "roll-your own." i.e., any tobacco that, 96 because of its appearance type packaging or labeling, is suitable for 97 use and likely to be offered to or purchased by consumers as 98 tobacco for making cigarettes. 99 100 Electronic smoking device means an electronic device that, when 101 activated, emits a vapor. aerosol, fume, or smoke that may be 102 inhaled or absorbed by the user. including but not limited to an e-103 cigarette, e-cigar, e-pipe, vape pen, e-hookah, and similar devices. 104 Electronic smoking device includes any component. part, or 105 accessory of such a device, whether or not sold separately, and 106 includes any substance, with or without nicotine. intended to be 107 aerosolized, vaporized, or which produces a fume or smoke during 108 the use of the device intended for human consumption. 109 110 Proprietor means a person with an ownership or managerial interest in 111 a business. An ownership interest shall be deemed to exist when a 112 person has a ten percent or greater interest in the stock, assets. or 113 income of a business other than the sole interest of security for debt. A 114 managerial interest shall be deemed to exist when a person can or 115 does have or share ultimate control over the day-to -day operations of 116 a business. 117 118 Tobacco product means (I) any product which contains, is made, 119 or derived from tobacco or used to deliver nicotine or other 120 substances intended for human consumption, whether smoked, 121 heated, chewed, dissolved, inhaled, snorted. sniffed, or ingested 122 by any other means. including but not limited to cigarettes, cigars, 123 little cigars, cheroots, stogies, perique’s, granulated, plug cut, 124 crimp cut, ready rubbed and other smoking tobacco, snuff, snuff 125 flour, bidis, snus, mints, hand gels. Cavendish, plug and twist 126 tobacco, fine cut and other chewing tobaccos, shorts, refuse 127 scraps, clippings, cutting, and sweepings of tobacco: (2) electronic 128 smoking devices: (3) notwithstanding any provision of subsections 129 (I) and (2) to the contrary, "tobacco product" includes any 130 component, part, accessory, or associated tobacco paraphernalia 131 of a tobacco product whether or not sold separately . Excluded 132 02-19-19 TC Packet Page 31 of 64 32 19-04 TC Ord Page 4 of 14 from this definition is any product that contains marijuana and any 133 products specifically approved by the U.S. Food and Drug 134 Administration for use in reducing, treating, or eliminating nicotine 135 or tobacco dependence or for other medical purposes when these 136 products are being marketed and sold solely for such approved 137 purpose. 138 139 Tobacco paraphernalia means any item designed for the 140 consumption, use, or preparation of Tobacco Products. 141 142 Tobacco product retail location means any premises where Tobacco 143 Products are sold or distributed to a consumer. including but not 144 limited to hookah bar, lounge, or cafe, any grounds occupied by a 145 retailer, any store. stand, outlet, vehicle, cart, location, vending machine. 146 or structure where Tobacco Products are sold. 147 Tobacco product retailer means any person who sells. offers for sale or 148 does or offers to exchange for any form of consideration Tobacco 149 Products. "Tobacco Product Retailing" shall mean the doing of any of 150 these things. This definition is without regard to the quantity of Tobacco 151 Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or 152 offered for exchange. 153 Self-service display means the open display or storage of Tobacco 154 Products in a manner that is physically accessible in any way to the 155 public without the assistance of the retailer or employer of the retailer 156 and a direct person-to-person transfer between the purchaser and the 157 retailer or employee of the retailer. A vending machine or other coin 158 operated machine are forms of a Self-Service Display. 159 Licensing Administrator is the Town Clerk, or any other person 160 appointed by the Town Manager to administer the licensing process. 161 Hearing Officer is the Municipal Judge for the Town of Snowmass 162 Village. 163 164 (a) Any person who is engaged in Tobacco Product Retailing who knowingly sells 165 any Tobacco products to a person under the age of 21 commits an offense 166 and, upon conviction thereof, shall be punished by a fine of $50.00 for the first 167 offense, $150.00 or a summons with fine up to $2,650.00 for the second 168 offense, and $300.00 or a summons with fine up to $2,650.00 for the third 169 offense, and a summons with fine up to $2,650.00 for the fourth and any 170 subsequent offense(s). It shall be an affirmative defense to a prosecute on 171 under this Subsection that the person furnishing the cigarettes or Tobacco 172 products was presented with and reasonably relied upon a valid state driver' s 173 license or other government-issued form of identification which identified the 174 person receiving the cigarettes, Tobacco products as being 21 years of age or 175 older. 176 177 02-19-19 TC Packet Page 32 of 64 33 19-04 TC Ord Page 5 of 14 (b) Any person who sells, gives, or otherwise supplies any Tobacco Product (s) to 178 a person under the age of 21 is subject to a civil penalty of $50.00 the first 179 violation, $150.00 for the second violation, and $300.00 for the third and any 180 subsequent violation(s). 181 182 183 (c) A Proprietor is responsible for the actions of its agents and employees 184 regarding the sale of Tobacco Products. and the illegal sale of any Tobacco 185 Products to a person under the age of 21 at the Proprietor's Tobacco Product 186 Retail Location may result in the assessment of a civil penalty to the Proprietor 187 in the following amounts: up to $1,000.00 for the first violation, up to $1,500.00 188 for the second violation, and up to $2,000.00 for the third and any subsequent 189 violation(s). A conviction pursuant to Subsection (b), above. shall constitute 190 prima facie evidence of a Proprietors violation of this Subsection. 191 192 (d) Any person under the age of 21 who purchases or attempts to purchase any 193 cigarettes or Tobacco products, and/or is found to be in possession of any 194 cigarettes or Tobacco products is subject to a civil penalty of $50.00 for the first 195 violation. $150.00 for the second violation, and $300.00 for the third and any 196 subsequent violation(s), except that, following the issuance of a civil penalty a for 197 a first offense under this Subsection, the Municipal Court in lieu of the civil 198 penalty may permit the person to participate in a tobacco or vaping 199 education program. The Court may also allow such person to perform 200 community service and be granted credit against the civil penalty fine and 201 court costs at the rate of $5.00 for each hour of work performed, for up to 50 202 percent of the civil penalty amount. fine and court costs. 203 (e) For the purposes of this section, each incident at a different time and 204 occasion is a violation. 205 206 (f) No person shall sell or permit the sale of Tobacco products by use of 207 Self-Service Display V ending machine or other coin operated machine. 208 Tobacco Product Retailers shall stock and display all Tobacco Products 209 in a manner to make all such products inaccessible to customers without 210 the assistance of a retail clerk. thereby requiring a direct face-to-face 211 exchange of the Tobacco Products from an employee of the business lo 212 the customer. Cigarettes may be sold at retail through Self-Service 213 Displays only in: 214 215 (1) Factories, businesses, office other places not open to the public; 216 217 (2) Places to which persons under the age of 21 minors are not 218 permitted access at any time during the day or night; or 219 220 (3) Places where the Self-Service Display vending machine is under 221 the direct supervision of the owner of the establishment or an adult 222 02-19-19 TC Packet Page 33 of 64 34 19-04 TC Ord Page 6 of 14 employee of the owner, including but not limited to establishments 223 holding a valid liquor license issued pursuant to Article 47 of Title 224 12, C.R.S. 225 226 (g) Any person who sells or offers to sell any Tobacco. products 227 shall display a warning sign as specified in this Subsection. S aid 228 warning sign shall always be displayed in a prominent place in the 229 building the Tobacco Product Retail Location, shall have a 230 minimum height of three inches and a width of six inches, and shall 231 read as follows: 232 233 WARNING 234 IT IS ILLEGAL FOR ANY PERSON UNDER 21 YEARS OF AGE TO 235 PURCHASE CIGARETTES, AND TOBACCO PRODUCTS, AND 236 ELECTRONIC SMOKING DEVICES AND, UPON CONVICTION, A FINE 237 MAY BE IMPOSED. 238 (h) Any violation of Subsection (h) above shall not constitute a 239 violation of any other provision of this Section. 240 241 (i) The police department will meet with licensee’s annually, or more often as 242 determined, to review training programs, signage and general procedures as 243 they relate to preventing retail sales of tobacco products to persons under the 244 21 years of age 245 246 (j) A person under the age of 21 who possesses or handles Tobacco 247 Products as part of that individual's employment at a Tobacco Product 248 Retail Location does not commit a violation of this Section so long as 249 such individual does not sell or provide Tobacco Products to a person 250 under the age of 21. 251 252 (k) The Licensee is responsible for developing procedures for the 253 selling of tobacco products. Procedures and training will be in 254 written form and available for review by the Snowmass Police 255 Department. The police department will meet with licensee’s 256 annually, or more often as determined, to review training programs, 257 signage and general procedures as they relate to preventing retail 258 sales of tobacco products to persons under 21 years of age. 259 260 Sec ___License requirements and prohibitions. 261 (a) Tobacco Product Retailer License required. 262 (l) It shall be unlawful for any person to act as a Tobacco Product Retailer in the 263 Town unless he or she has obtained a License and maintains the same in full force 264 02-19-19 TC Packet Page 34 of 64 35 19-04 TC Ord Page 7 of 14 and effect pursuant to this Article for each location where Tobacco Product Retailing 265 occurs 266 (2) No license may be issued to authorize Tobacco Product retailing anywhere 267 other than at a fixed location that is designated in the License application and 268 approved by the Licensing Administrator. Tobacco Product Retailing by persons on 269 foot, from vehicles or through Mobile Vending is prohibited 270 (3) Tobacco Retailing without a valid License is a nuisance as a matter of law. 271 (b) Display of License. Each License shall be prominently displayed in a publicly 272 visible location at the licensed Tobacco Product Retail Location 273 (c) Display of Minimum Legal Sales Age Requirements. The requirement of the 274 Minimum Legal Sale Age for the purchase of Tobacco Retail Product shall be 275 prominently displayed in the entrance (or other clearly visible location) of the Tobacco 276 Product Retail Location. 277 (d) Other Prohibitions. 278 (l) A Tobacco Product Retail Location may only have one active License at one 279 time. Every License is separate and distinct and specific to a designated location, The 280 License cannot be assigned, delegated, sold, inherited or otherwise transferred 281 between persons or transferred to a different location, except as provided in this 282 Article. No Licensee shall exercise the privileges of any other License or delegate the 283 privileges of its own License. 284 (2) A person or entity may not apply for a License for a one-year period after a 285 License has been revoked. 286 Sec ___Conditions of the Tobacco Product Retail License. 287 The following conditions shall apply to the Licensee: 288 (a) Prohibition of self-service displays. Licensees shall stock and display all Tobacco 289 Products in a manner to make ill such products inaccessible to customers without the 290 assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the 291 Tobacco Product from an employee of the business to the customer. 292 (b) Restriction on sales to underage person. No person engaged in Tobacco Product 293 Retailing shall sell or transfer a Tobacco Product to another person unless that 294 recipient is at least twenty-one (21) years of age. It is an affirmative defense to 295 prosecution that the seller was presented with the lD showing the person to be over 296 the minimum age. 297 (c) No Licenses shall be issued within 500' of schools. No Licenses will be issued to 298 retailers located within 500 feet from any public or parochial school as determined by 299 the Licensing Administrator. This restriction shall not apply to an existing Retail 300 Location within 500 feet of a school. 301 Sec ____ Application procedure. 302 02-19-19 TC Packet Page 35 of 64 36 19-04 TC Ord Page 8 of 14 (a) An application for a License shall be submitted and signed by an individual 303 authorized by the person or entity making application for the License. It is the 304 responsibility of each applicant and/or Licensee to be informed regarding all laws 305 applicable to tobacco retailing, including those laws affecting the issuance of said 306 License. No applicant and/or Licensee may rely on the issuance of a License as a 307 determination by the Town that the proprietor has complied with all applicable tobacco 308 retailing laws. 309 (b) All applications shall be submitted on a form supplied by the Licensing 310 Administrator. 311 (c) A licensed Tobacco product Retailer shall inform the Licensing Administrator in 312 writing of any change in the information submitted on an application for a License 313 within thirty (30) business days of a change. 314 (d) All License applications shall be accompanied by the payment in full of all fees as 315 required in the Town of Snowmass Village Municipal Code Section under Sec ___ 316 Fines, penalties and administrative fees. 317 Sec._____ Issuance of a Tobacco Product License 318 Upon the receipt of a completed application for a License as required by this Article, 319 the Licensing Administrator shall sign and issue a License within thirty (30) days which 320 period may be extended by the Licensing Administrator for good cause unless 321 substantial evidence demonstrates that one or more of the following bases for denial 322 exists 323 (a) The information presented in the application is incomplete, inaccurate or false; 324 (b) The applicant seeks authorization for a License at a location where this Article 325 prohibits the issuance of a License; 326 (c) The applicant seeks a License for a location that is not appropriately zoned for the 327 use; 328 (d) The applicant seeks authorization for a License and the applicant's current License 329 is suspended or revoked; 330 (e) The applicant is not qualified to hold the requested License under the provisions of 331 this Article; or 332 (f) The applicant and or retail location is not in compliance with all Town, state or 333 federal laws; 334 (g) The applicant is indebted to, or obligated in any manner to the Town for unpaid 335 taxes, liens or other monies; 336 (h) The payment of the licensing fee in the full amount chargeable for such License 337 does not accompany such License application 338 Sec.___ Denial of Tobacco Product License. 339 02-19-19 TC Packet Page 36 of 64 37 19-04 TC Ord Page 9 of 14 (a) If the Licensing Administrator denies the issuance of the License, the Licensing 340 Administrator shall notify the applicant in writing by regular mail postage prepaid on 341 the address shown in the application. The notice shall include the grounds for denial. 342 Notice is deemed to have been properly given upon mailing. 343 (b) An applicant has the right to appeal the Licensing Administrator denial of an 344 application to the Hearing Officer appointed for the Town of Snowmass Village. Such 345 an appeal shall be initiated by filing a written request with the Licensing Administrator 346 within twenty (20) days of the date of the notice of denial of the issuance of a License. 347 (c) The applicant's failure to timely appeal the decision of the Licensing Administrator 348 is a waiver of the applicant's right to contest the denial of the issuance of the License. 349 (d) The appeal, including any right to further appeals, shall be conducted and 350 controlled by the provisions of Rule 106(a) (4) of the Colorado Rules of Civil 351 Procedure. The standard of proof at such appeal shall be a preponderance of the 352 evidence and the burden of proof shall be upon the applicant. The Licensee's failure to 353 timely appeal the decision is a waiver of the Licensee's right to contest the suspension 354 or revocation of the License. 355 Sec ____ License term, renewal and expiration. 356 (a) Term. All Licenses issued under this Code shall be for the period of one (1) year or 357 a from the date of the first license being issued. 358 (b) Renewal of License. A Licensee shall apply for the renewal of the License and 359 submit the renewal License fee no later than thirty (30) days prior to expiration of the 360 existing term. The Licensing Administrator shall renew the License prior to the end of 361 the term, provided that the renewal application and fee were timely submitted, and the 362 Licensing Administrator is not aware of any fact that would have prevented issuance of 363 the original License or issuance of the renewal. 364 (c) Expiration of License. A License that is not timely renewed shall expire at the end 365 of its term. The failure to timely obtain a renewal of a License requires submission of a 366 new application. There shall be no sale of any Tobacco Products after the License 367 expiration date and before the new License is issued. 368 Sec___ License non-transferable. 369 (a) A License shall not be transferred from one (1) person to another or from one 370 location to another. 371 (b) When a License has been issued to a husband and wife, or to general or limited 372 partners, the death of a spouse or partner shall not require the surviving spouse or 373 partner to obtain a new License to obtain the remainder of the term of that License. All 374 rights and privileges granted under the original License shall continue in full force and 375 effect as to such survivors for the balance of the term of the License. 376 Sec___Fee for License. 377 (a) The fee to issue or to renew a License shall be pursuant to the Town's Fee 378 Schedule, a copy of which may be obtained from the Town Clerk and is available at 379 02-19-19 TC Packet Page 37 of 64 38 19-04 TC Ord Page 10 of 14 Town Hall. The Town Council will adopt the Fee Schedule which may be changed 380 from time to time by ordinance of the Town Council. The fee shall be calculated to 381 recover the direct and indirect costs of administration and enforcement of this Article, 382 including, for example, issuing a License, administering the License program, retailer 383 education and training, retailer inspection, community outreach and education, 384 documentation of violations, and prosecution of violators, but shall not exceed the cost 385 of the regulatory program authorized by this Article. Fees are nonrefundable except as 386 may be required by law. ln addition, from time to time, as deemed appropriate the 387 Town Manager shall determine the fees, and the License fee may be increased in 388 accordance with Article X Section 20 of the Colorado Constitution. 389 (b) The amount of fees charged by the Town pursuant to this Section shall be 390 reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred by 391 the Town in connection with the adoption, administration and enforcement of this 392 Article. 393 (c) The amount of the fees charged by the Town pursuant to this Article shall be fixed 394 by Town Council pursuant to Sec ___Fines, penalties and administrative fees of the 395 Municipal Code. Sec ____ Compliance monitoring. 396 (a) Compliance monitoring of this Article shall be by the Town of Snowmass Village 397 Police Department, as the Town of Snowmass Village Police Department (or 398 designee) deems appropriate. 399 (b) The Town of Snowmass Village Police Department shall have discretion to 400 consider previous compliance check history or prior violations of a Licensee in 401 determining how frequently to conduct compliance checks of the Licensee with respect 402 to individual Licensees. 403 (d) The police department will meet with licensee’s annually, or more often as 404 determined, to review training programs, signage and general procedures as they 405 relate to preventing retail sales of tobacco products to persons under the 21 years of 406 age. When the Basalt Police Department deems appropriate, the compliance checks 407 shall determine compliance with other laws applicable to Tobacco Products. 408 409 Sec___Suspension or Revocation of License. 410 (a) The following shall be grounds for suspension or revocation of the Licensee's 411 License: 412 (l) A violation by a Licensee or Licensee's officers, agents, or employees of any 413 of the provisions of this Article, or any laws of the United States, the State of 414 Colorado or ordinances of the Town relating to the sale or furnishing of tobacco 415 or Cigarettes to minors, or the storage or display of Cigarettes or tobacco 416 products. 417 (2) Violations of any conditions imposed by the Licensing Administrator or 418 Hearing Officer in connection with the issuance or renewal of a License. 419 02-19-19 TC Packet Page 38 of 64 39 19-04 TC Ord Page 11 of 14 (3) Failure to pay State or local taxes that are related to the operation of the 420 business associated with the License. 421 (4) Loss of right to possession of the licensed premises. 422 (5) Fraud, misrepresentation, or a false statement of material fact contained in 423 the original or renewal license application; 424 (b) The Town Manager shall appoint a Hearing Officer to hear all actions relating to the 425 suspension or revocation of Licenses pursuant to this Article. The Hearing Officer shall 426 have the authority to suspend, revoke, or impose remedial sanctions for violations. 427 (c) The Licensing Administrator shall commence suspension or revocation 428 proceedings by petitioning the Hearings Officer to issue an order to the Licensee to 429 show cause why the Licensee’s License(s) should not be suspended or revoked. The 430 Hearing Officer shall issue such an order to show cause if the petition demonstrates 431 that probable cause exists to determine that one or more grounds exist pursuant to 432 subsection (a) to suspend or revoke the Licensee's License. The order to show cause 433 shall set the matter for a public hearing before the Hearing Officer. 434 (d) Notice of the order to show cause order and hearing date shall be mailed to 435 Licensee by regular mail, postage prepaid, at the address shown on the License no 436 later than thirty (30) days prior to the hearing date. Notice is deemed to have been 437 properly given upon mailing. 438 (e) The notice to show cause hearing and any subsequent right to appeal shall be 439 conducted and controlled by the provisions of Rule 106(aX4) of the Colorado Rules of 440 Civil Procedure. The standard of proof at such hearings shall be a preponderance of 441 the evidence and the burden of proof shall be upon the Licensing Administrator. 442 (f) ln determining whether a License should be suspended or revoked, and in 443 determining whether to impose conditions in the event of a suspension, the Hearing 444 Officer shall consider the following factors: 445 (1) The nature and circumstances of the violation; 446 (2) Corrective action, if any taken by the Licensee; 447 (3) Prior violations, if any by the Licensee; 448 (4) The likelihood of recurrence of the violation; 449 (5) Whether the violation was willful; and 450 (6) Previous sanctions, if any, imposed on the Licensee. 451 Sec. ____Penalties and fines. 452 (a) Licensees: penalties and fines. ln addition to any other penalty authorized by law, 453 and if the Hearing Officer determines based on a preponderance of the evidence, that 454 the Licensee, or any of the Licensee's agents or employees, has, violated any of the 455 requirements, conditions, or ‘prohibitions of this Article, or has pleaded guilty, 'no 456 contest" or its equivalent, or admitted to a violation of any law relating to the sale of 457 02-19-19 TC Packet Page 39 of 64 40 19-04 TC Ord Page 12 of 14 tobacco to minors including but not limited to C.R.S. sections 18-13-21 and 24-35-503- 458 503, the Hearing Officer may consider a fine pursuant to the Town's Fee Schedule 459 and/or suspension or revocation of the License. The actual sanction imposed upon a 460 Licensee for any violation may vary from the above-stated guidelines when warranted 461 by the specific facts and circumstances of the case. 462 (b) After the effective date of this ordinance, it shall be unlawful for any Tobacco 463 Product Retailer to sell a Tobacco Product without a License as mandated under this 464 Article, or with a suspended or revoked License. ln addition, the Hearing Officer may 465 impose civil penalties pursuant to the Fee Schedule for each separate Tobacco 466 Product sold during the period of non-compliance with this Article. A retailer whose 467 License has been suspended or revoked 468 1) shall not display Tobacco Products in public view during the timeframe in 469 which the License is suspended or revoked; and 470 2) advertisements relating to Tobacco Products that promote the sale or 471 distribution of such products from the location that could lead a reasonable person to 472 believe that such products can be obtained from that location shall not be displayed. 473 Sec. ____ Enforcement. 474 (a) The remedies provided by this Article are cumulative and in addition to any other 475 remedies available at law or in equity. ln addition to other remedies provided by this 476 Article or by other law, any violation of this Article may be remedied by a civil action 477 brought by the Town Attorney, including but not limited to nuisance abatement 478 proceedings and injunctive relief. 479 (b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of 480 this Article shall cause the offender to be subject to the penalties set forth herein or in 481 the Town of Snowmass Village Municipal Code. 482 483 Sec. ____ No rights in License. 484 Every License issued under this Article confers only a limited, and conditional privilege 485 subject to the requirements, conditions, limitations and qualifications of this Article. 486 The License does not confer a property right of any kind. The License and privilege 487 created by the License may be further regulated, limited or completely extinguished at 488 the discretion of Town Council or the electorate of the Town, as provided in this Article, 489 without any compensation to the Licensee. Nothing contained in this Article grants to 490 any Licensee any vested right to continue operating under the provisions of this Article 491 as they existed at the time the License was approved or issued, and every License 492 shall be subject to any ordinance or prohibition adopted after the License was 493 approved or issued. 494 Sec. ____ Effective date. 495 This Article shall become effective as of April 1, 2019 and enforceable on and after 496 that date. Any Tobacco product Retailer without a License after the effective date will 497 be in violation of this Article. 498 02-19-19 TC Packet Page 40 of 64 41 19-04 TC Ord Page 13 of 14 Section 2: Litigation 499 This ordinance shall not affect any existing litigation and shall not operate as an 500 abatement of any action or proceeding now lending under or by virtue the ordinances 501 repealed or amended as herein provided, and the same shall be conducted and 502 concluded under such prior ordinances. 503 Section 3: Severability 504 If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for 505 any, reason held invalid or unconstitutional in a court of competent jurisdiction, such 506 portion shall be deemed a separate, distinct and independent provision and shall not 507 affect the validity of the remaining portions thereof. 508 509 INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council of 510 the Town of Snowmass Village at First Reading on ____ upon the motion of Council 511 Member _____, the second of, Council Member and upon a vote of ___ in favor and 512 ____ opposed. 513 514 INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council of 515 the Town of Snowmass Village at Second Reading on _____ upon the motion of Council 516 Member _____, the second of Council Member _____, and upon a vote of __ in favor 517 and__0 opposed. 518 TOWN OF SNOWMASS VILLAGE 519 520 ________________________________ 521 Markey Butler, Mayor 522 523 ATTEST: 524 525 ________________________________ 526 Rhonda B. Coxon, Town Clerk 527 528 529 530 APPROVED AS TO FORM: 531 532 ___________________________________ 533 John C. Dresser, Jr., Town Attorney 534 535 02-19-19 TC Packet Page 41 of 64 42 19-04 TC Ord Page 14 of 14 536 02-19-19 TC Packet Page 42 of 64 43 Town of Snowmass Village Police Department Code Section Subject 2019 Fee Section ___________ Conditions of the Tobacco Product Retail License 1st Offense $50.00 2nd Offense $150 or summons with fine up to $2,650 3rd Offense -$300 or summons With fine up to $2,650 4th & Subsequent Offense – Summons with fine up to $2,650 Section ___________ Penalties and Fines Fines up to $2,650 Section____________ Code Section Subject 2019 Fee Section _______ Conditions of the Tobacco Product Retail License Proprietors 1st Violation Civil Penalty up to $1,000.00 2nd Violation Civil Penalty up to $1,500.00 3rd Violation and any subsequent violation (s) $2,000.00 Town of Snowmass Village Town Clerk Department License and Fees Code Section Subject Fee Section ____ New and Annual Fee for Tobacco Product License $125.00 02-19-19 TC Packet Page 43 of 64 44 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 19, 2019 AGENDA ITEM: EOTC Agenda and Preparation Meeting PRESENTED BY: David Peckler, Transportation Director David Pesnichak, Regional Transportation Administrator BACKGROUND: This goals of this meeting are to: 1. Obtain feedback on the March 21, 2019 EOTC Staff recommended agenda; 2. Update Council and receive initial feedback on the improvements at the Brush Creek Park and Ride including the restrooms and additional paved parking, carpool kiosk relocation, and Variable Message Sign (VMS); and, 3. Obtain feedback on the upcoming EOTC retreat focus topic and date. FINANCIAL IMPACT: None. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Community Engagement, Safety, and Regionalism COUNCIL OPTIONS: 1. Provide feedback on the upcoming EOTC agenda, the Brush Creek Park and Ride improvements, and the upcoming EOTC retreat. STAFF RECOMMENDATION: 02-19-19 TC Packet Page 44 of 64 45 1. Provide feedback on the staff recommended upcoming EOTC agenda. 2. Provide initial feedback on the Brush Creek Park and Ride improvements. Council will have another opportunity to provide feedback on March 18 and again with the full EOTC on March 21. 3. Consider providing staff direction to focus the retreat on strategic planning. Consider scheduling the retreat for a day during either the last week of July or first week of August, 2019. ATTACHMENTS: 1. Draft March 21, 2019 EOTC Agenda 2. Memo and Supporting Information for Brush Creek Park and Ride Improvements 3. Memo regarding the upcoming EOTC retreat focus topic and scheduling 02-19-19 TC Packet Page 45 of 64 46 1 DRAFT Elected Officials Transportation Committee (EOTC) Thursday, March 21, 2019 - 4:00pm Location - Town of Snowmass Village Council Chambers Host and Chair - Town of Snowmass Village ____________________________________________________________________________________ I. 4:00 - 4:10 PUBLIC COMMENT (Comments limited to three minutes per person) II. 4:10 - 4:30 EOTC BUDGET IMPACTS - PASSAGE OF RFTA 7A David Pesnichak, Transportation Administrator; David Johnson, RFTA Decision Needed: Reallocate Funding - BRT Connecting Service to TOSV III. 4:30 - 5:00 DYNAMIC MESSAGE SIGN (DMS) and DISCUSSION OF PnR NAME David Pesnichak, Transportation Administrator; Chris Baroody, Pitkin County Decision Needed: Reallocate Funding, Provide Feedback, and Discuss PnR Name IV. 5:00 – 5:30 BRUSH CREEK PnR - FLAP GRANT IMPROVEMENTS David Pesnichak, Transportation Administrator; Brian Pettet, Pitkin County Decision Needed: Provide Feedback V. 5:30 – 6:00 SET DATE FOR EOTC RETREAT David Pesnichak, Transportation Administrator Decision Needed: Identify Date for Retreat VI. 6:00 – 6:45 UPDATES-INFORMATION ONLY 02-19-19 TC Packet Page 46 of 64 47 2 A. TOSV TRANSIT STATION UPDATE David Peckler, Town of Snowmass Village B. HOV LANE ENFORCEMENT David Pesnichak, Transportation Administrator C. ASPEN COUNTRY INN David Pesnichak, Transportation Administrator D. X GAMES REVENUE VS. COST David Pesnichak, Transportation Administrator *Next meeting is June 20, 2019 - Pitkin County to Host & Chair 02-19-19 TC Packet Page 47 of 64 48 1 AGENDA ITEM SUMMARY EOTC MEETING DATE: February 19, 2019 - EOTC Preparation Meeting AGENDA ITEM TITLE: Brush Creek Park and Ride - Update and Feedback STAFF RESPONSIBLE: David Pesnichak, Transportation Administrator ISSUE STATEMENT: Several projects are currently active that directly impact the Brush Creek Park and Ride. These projects are as follows: - Federal Lands Access Program (FLAP) Grant Improvements - Carpool Kiosk Relocation - Variable Message Sign (VMS) While each of these projects are at different stages, this memo and discussion are intended to update the EOTC members on the current progress of each one. In addition, as these projects move through the design phase, particularly the FLAP Grant Improvements and VMS, staff would like to obtain feedback on these concepts. BACKGROUND: Below is a brief outline of each of the current projects listed above that are currently in review. Brush Creek PnR - Federal Lands Access Program (FLAP) Grant Improvements - Project in early design stages. - County and U.S. Forest Service applied for a FLAP grant to improve the Brush Creek Park n Ride in 2017. The grant was awarded in 2018 with funding beginning in 2019. - Project description includes: - Permanent restroom facilities with flush toilets - Water and wastewater facilities (well and septic) - Increase paved area for parking (pave recycled asphalt area) - Add security lighting - The consultant, Jacobs, has provided initial concept plans. - Consultant is to organize general public open houses to gain comment and feedback (date and location TBD). Staff has conducted several outreach efforts in addition to these standard efforts, including a meeting with the Brush Creek Landowners and Metro District, a meeting with the Woody Creek Caucus, and a meeting with W/J Homeowners Association and Metro District. Staff has also been in contact with the directly adjacent neighbor, Mr. Sanditen. - EOTC to review plans in March. Final plans to be approved by EOTC later in 2019. - Construction anticipated in 2020. - Improvements funded by ~$1.9 million from federal FLAP grant with matching funds from EOTC. 02-19-19 TC Packet Page 48 of 64 49 2 Carpool Kiosk Relocation - Application has been submitted to Pitkin County for review as a Location and Extent with the Planning and Zoning Commission. This hearing is scheduled for February 19. - Relocation reviewed by EOTC on October 18, 2018. - This project was originally anticipated as a part of the FLAP Grant improvements. - Project entails relocating City of Aspen Carpool Kiosk from the Aspen / Pitkin County Airport to the Brush Creek Park n Ride. - Carpool Kiosk is anticipated to be relocated permanently to the Park n Ride, however the Kiosk would be initially placed on skids for minor modifications in the placement as planning for surrounding FLAP improvements are finalized. - The relocation is anticipated to: 1) Consolidate carpool and transit transportation options and, hopefully, encourage people who may have otherwise carpooled into town to take the bus instead; 2) Provide the carpool pass at a location where one or more cars can be parked for the day to simplify the carpool process for the user, thereby encouraging carpooling; and, 3) Reduce the amount of traffic merging into the bus lane from the airport to increase safety and efficiency of the bus system. - Location of kiosk in Park and Ride is allowable by the lease with CDOT and the IGA with the City, County, and Town. CDOT has provided a letter of support for the relocation of the kiosk. - Relocation funded by City of Aspen. Variable Message Sign (VMS) - Install VMS on CDOT right of way to alert drivers to information related to Brush Creek PnR such as: events impacting travel and parking in Aspen and Snowmass, parking shortages in Aspen and Snowmass, congestion, and other emergencies. - CDOT Standard Plans allow for either cantilever (similar to the sign in Carbondale) or butterfly (similar to sign on downvalley Highway 82 near Public Works) style sign. Final design to be determined by EOTC. - Standardizing the name of the Brush Creek Park and Ride, dropping “Intercept”, is recommended by Staff as messages are prior approved by CDOT and static signs are to be ordered. While “Aspen / Snowmass Park and Ride” has been suggested, Staff is ready to move forward with the use of “Brush Creek Park and Ride” for the following reasons: - It is of a reasonable length and can be abbreviated to fit the limited space on road signs and the VMS. - There is a general recognition of the name “Brush Creek Park and Ride” currently as it is often used interchangeably with “Intercept Lot”. - “Brush Creek Park and Ride” is the official legal name for the lot, so no changes will need to occur to any legal documents or with other agencies, such as CDOT, who owns the lot. - “Brush Creek Park and Ride” will come up on Google and Apple maps currently. - The “Brush Creek Park and Ride” name provides information as to where the lot is located and generally how it is to be used. - VMS funded by EOTC. 02-19-19 TC Packet Page 49 of 64 50 3 Outreach has begun for the aforementioned developments that impact the Brush Creek Park and Ride. The outreach and public meeting/hearing schedule is as follows. This schedule is still evolving. - January 17 - Met with the Brush Creek Metro District and Landowners Association to receive feedback on: Relocation of the Carpool Kiosk, Variable Message Sign (VMS), and Brush Creek Park and Ride improvements. - January 31 - Met with Woody Creek Caucus to receive feedback on: Relocation of the Carpool Kiosk, Variable Message Sign (VMS), and Brush Creek Park and Ride improvements. - February 12 - Met with W/J Homeowners Association and Metro District to receive feedback on: Relocation of the Carpool Kiosk, Variable Message Sign (VMS), and Brush Creek Park and Ride improvements. - February 19 - Pitkin County Planning and Zoning Commission - Review of Location and Extent application from the City of Aspen for relocation of the carpool parking permit kiosk from the Airport to the Brush Creek PnR. - February 19 @ 4pm - Present the current draft of the concept plan for Brush Creek PnR improvements, review relocation of carpool kiosk, and current plans for VMS to the TOSV council. This is for feedback only - no decisions will be made. - February 26 @ Noon-ish (check schedule online) - Present the current draft of the concept plan for Brush Creek PnR improvements, review relocation of carpool kiosk, and current plans for VMS to the BOCC. This is for feedback only - no decision will be made. - March - Public Open House(s) for FLAP Grant improvements. Exact dates and locations TBD. Consultant for the Brush Creek PnR improvements will be in town for general public open house(s). - March 18 @ 4pm - TOSV Council Preparation for EOTC Meeting. Potential to receive additional feedback on Brush Creek PnR improvements from the TOSV Council prior to EOTC meeting on March 21. - March 19 @ Noon - PitCo BOCC Preparation for EOTC Meeting. Potential to receive additional feedback on Brush Creek PnR improvements from the BOCC prior to EOTC meeting on March 21. - March 19 @ 4pm - Present the current draft of the concept plan for Brush Creek PnR improvements, review relocation of carpool kiosk, and current plans for VMS to the City of Aspen. This is for feedback only - no decision will be made. - March 21 - EOTC Meeting at TOSV Council Chambers at 4pm. Among many other topics, the EOTC will review and provide formal feedback on the concept plan. 02-19-19 TC Packet Page 50 of 64 51 4 _____________ Other Communication Forms and Feedback Platforms Pitkin Connect - Online Feedback Portal - Anticipated to be made available following initial neighborhood feedback meetings Press Release - First Release 3rd week in January. Story ran in Aspen Daily News, and Aspen Times. - Follow-up press release with link to Pitkin Connect after initial neighborhood feedback meetings. _____________ From the outreach that has been conducted so far, the following general comments have been noted: FLAP Grant Improvements - Brush Creek landowners do not want to become “Aspen’s parking lot”. - Want facility to be kept clean with minimal security lighting. - Install cameras and have security personal at the Lot. - Install more defined walkways and fencing to guide people across the bus lane. - Suggest moving bus station to middle of parking area so that parking surrounds the station. - Lighting should be downcast and meet dark sky standards. - Control camping in all parking areas. - Install a kiss and ride and/or 15 minute parking. - Install bus turn around, pick up and drop off area within parking area to facilitate large events that require overflow bus transit. - Install restrooms on existing bus platform for convenience of passengers and to allow for parking area as potential bus terminal expansion area. Kiosk Relocation - Consider traffic impacts to intersection with Highway 82. - Keep track of usage to determine if kiosk is gaining more or less usage from this relocation. - Make it as easy as possible for those who need a carpool pass to get in and get out of the lot. VMS - Use smallest sign possible - Consider translating messages into Spanish. - Consider implications of sign to traffic on Smith Way (could encourage traffic to use Smith Way if Highway 82 is congested, however placement of sign before Smith Way could also allow it to be used for emergency messaging to inform drivers to take Smith Way as an alternative to Highway 82). BUDGETARY IMPACT: 02-19-19 TC Packet Page 51 of 64 52 5 None RECOMMENDED EOTC ACTION: Provide initial feedback on the FLAP Grant improvements, Carpool Kiosk relocation, and VMS. ATTACHMENTS: - Latest Concept Plans and Alternatives Analysis for the FLAP Grant Improvements - Renderings and Site Plan for Kiosk Relocation - Latest VMS Plans 02-19-19 TC Packet Page 52 of 64 53 02-19-19 TC Packet Page 53 of 64 54 02-19-19 TC Packet Page 54 of 64 55 02-19-19 TC Packet Page 55 of 64 56 NORTHEXISTING OVER FLOW PARKINGBUS PICK-UP/ DROP-OFFHWY. 82KIOSK AREAOVERALL REFERENCE PLAN- NOT TO SCALECarpool Kiosk Relocation 02-19-19 TC Packet Page 56 of 64 57 HWY. 82APPROXIMATE PARKING KIOSK LOCATIONBRUSH CREEK RD.PARKING LOT ACCESS ROAD.BUS DROP OFF/ PICK UPOVER FLOW PARKINGAPPROXIMATE TURN-AROUND LOCATIONPARKING KISOK REFERENCE PLAN- NOT TO SCALENORTHCarpool Kiosk Relocation 02-19-19 TC Packet Page 57 of 64 58 POTENTIAL PARKING KIOSK SIGN LOCATIONBRUSH CREEK ROAD (PARKING LOT ENTRANCE/ EXIT ROAD)APPROXIMATE MOBILE PARKING KIOSK LOCATIONTICKETING WINDOWVIEW FROM PARKING LOT ACCESS ROAD LOOKING EAST- PROPOSEDAPPROXIMATE TURN AROUND AREACarpool Kiosk Relocation 02-19-19 TC Packet Page 58 of 64 59 7'-0"17'-6" MIN.17'-6" MIN.17'-6" MIN.30'-0" = MAXIMUMNARROW MEDIANWIDE MEDIAN*CANTILEVER SIGN -SIGN NOTES (1 OF 2)- GENERAL NOTES (CONTINUED) HEX HEAD BOLTS (BAND-IT D315 OR EQUIVALENT). USING TWO •" WIDE STAINLESS STEEL BANDS AND STAINLESS STEEL FLARED LEG BRACKETS WITH INSTALL STRUCTURE IDENTIFICATION PANEL IN ACCORDANCE WITH M AND S STANDARD S-614-12 STAINLESS STEEL FLARED LEG BRACKETS WITH HEX HEAD BOLTS (BAND-IT D315 OR EQUIVALENT). ATTACH REMOTE ACCESS CABINET(S) TO POST WITH TWO •" WIDE STAINLESS STEEL BANDS AND THESE PLANS UNLESS APPROVED BY THE ENGINEER PRIOR TO FABRICATION. THERE SHALL BE NO PENETRATIONS OF MAST/CROSS ARMS OR POST OTHER THAN AS SHOWN ON ITEMS 503, 614 AND 625 RESPECTIVELY. CAISSONS, STEEL SUPPORTS AND SURVEY WORK SHALL BE PAID FOR IN ACCORDANCE WITH BID SUBSECTION 105.02 OF THE STANDARD SPECIFICATIONS. SHOP DRAWINGS SHALL BE SUBMITTED TO THE ENGINEER FOR REVIEW IN ACCORDANCE WITH NPS = NOMINAL PIPE SIZE; O.D. = OUTSIDE DIAMETER; DMS = DYNAMIC MESSAGE SIGN. IN THE PREPARATION OF THE SIGN X-SECTION SHEETS IN THE ROADWAY PLANS. SHEETS IN THE INDEX MARKED WITH A PROVIDE INSTRUCTIONS TO DESIGNERS FOR THEIR USE 13. 12. 11. 10. 9. 8. 7. (SEE SIGN X-SECTION SHEET IN TRAFFIC PLANS) BUTTERFLY SIGN (ROADSIDE INSTALLATION) (SEE SIGN X-SECTION SHEET IN TRAFFIC PLANS) BUTTERFLY SIGN (MEDIAN INSTALLATION) INSTALLATION INSTALLATION GENERAL NOTES 6. 5. 4. 3. 2. 1. GENERAL NOTES (CONTINUED) WITH A . SEE TABLE ON SHEET 4 FOR CABINET ROTATION ADJUSTMENTS TO VERTICAL CLEARANCES MARKED AS SPECIFIED HEREIN. THE ACCEPTABLE MAXIMUM WELD UNDERCUT IS 0.01". CIRCUMFERENTIAL GROOVE WELDS SHALL BE FULL PENETRATION GROOVE WELDS AND SHALL BE INSPECTED ALL CIRCUMFERENTIAL AND ALL LONGITUDINAL PIPE SEAM WELDS WITHIN 5" OF FULL PENETRATION AND MEMBERS WHICH ARE TACKED OR WELDED AND SUBSEQUENTLY CUT APART AND REWELDED. EDGES, CORRECTION OF FABRICATION ERRORS IN CUTTING, PUNCHING, DRILLING, OR FITTING, (4) REPAIRS. ALL REPAIR WELDS TO CORRECT DEFECTS IN GROOVE AND FILLET WELDS, PLATE CUT TENSION AREAS. (3) GROOVE WELDS. ALL THROUGH THICKNESS EDGES ON TRANSVERSE BUTT JOINT WELDMENTS IN SHALL BE RESOLVED BY EXCAVATION. INDICATIONS SHALL FURTHER BE EVALUATED WITH 10X OR 30X MAGNIFICATION. VERIFICATION MEMBER TO MAIN MEMBER WELDMENTS. ALL STOP-STARTS AND WELD TERMINI. ALL LINEAR (2) FILLET WELDS. EACH DESIGN WELD SIZE ON MAIN MEMBER TO MAIN MEMBER AND SECONDARY CUP, AND THE WELDING ELECTRODE. ALL THREE CONDITIONS ARE ARC STRIKES. (1) BASE METAL. ALL AREAS CONTACTED BY THE CARBON ARC GOUGE ELECTRODE, THE ELECTRODE ENHANCED MAGNETIC PARTICLE TESTS SHALL BE PERFORMED AT THE FOLLOWING LOCATIONS: OF THE BASE METAL. BE POSITIONED BOTH NORMAL AND PARALLEL WITH RESPECT TO THE WELD AXIS AND ROLLING DIRECTION THE YOKES SHALL BE SET IN TWO POSITIONS WHEN TESTING THE WELD OR BASE METAL. THEY SHALL BE APPLIED TO THE TEST SURFACE PRIOR TO TESTING. SECTIONS 9 AND 15, EXCEPT WHITE NON-AQUEOUS DEVELOPER MEETING ASTM E 165, TYPE 3, SHALL PARTICLE APPLICATION AND SPECIMEN PREPARATION SHALL MEET THE REQUIREMENTS OF ASTM E 709 RED DRY PARTICLES SHALL BE USED. THE LIGHT INTENSITY SHALL MEET ASTM E 709, SECTION 7. YOKE SPACING SHALL BE BETWEEN 2 AND 4 INCHES. THE MINIMUM LIFTING POWER SHALL BE 10 LBS. E 709 AND AWS D 1.1, EXCEPT AS AMENDED HEREIN. ALTERNATING CURRENT SHALL BE USED. THE HEREIN. ENHANCED MAGNETIC PARTICLE TESTING SHALL BE CONDUCTED IN ACCORDANCE WITH ASTM ENHANCED MAGNETIC PARTICLE TESTING SHALL BE PERFORMED ON AREAS DEFINED IN AWS D1.1 AND AND REQUIRED TESTING SHALL BE COMPLETE BEFORE ANY MATERIAL IS GALVANIZED. SHALL BE GROUND TO BRIGHT METAL. NO BUTT WELD SPLICES WILL BE PERMITTED. ALL WELDING WELDING OF STEEL SHALL CONFORM TO THE REQUIREMENTS OF AWS D 1.1. ALL AREAS TO BE WELDED 16. 15. 14. A A POST HEIGHT B B B B ASECTION BSECTION INDEX IS TO SAME SHEET) NUMBER (IF BLANK, REFERENCE CROSS REFERENCE DRAWING IDENTIFICATION SECTION OR DETAIL DETAIL CUT AND LEADER LINE FOR ARROW HEAD FOR SECTION 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. (SEE CANTILEVER NOTE 7 ON SHEET 2) SHEET BUTTERFLY SIGN X-SECTION * 7'-0" MIN. OR AS PER THE DMS DMS CABINET ACCESS REMOTE SEE NOTE 13. I.D. PANEL STRUCTURE 18'-6" MAX.18'-6" MAX.BASE PLATE BOTTOM OF CABINET ACCESS REMOTE SEE NOTE 13. STRUCTURE I.D. PANEL WAY TRAVELED EDGE OF SEE NOTE 13. I.D. PANEL STRUCTURE WAY TRAVELED EDGE OF FOUNDATION & ANCHOR BOLT DETAILS BUTTERFLY POST DETAILS BUTTERFLY SIGN MOUNTING DETAILS BUTTERFLY ASSEMBLY DETAILS BUTTERFLY INSTALLATION DETAILS CANTILEVER SIGN WALKWAY DETAILS (2 OF 2) CANTILEVER SIGN WALKWAY DETAILS (1 OF 2) CANTILEVER BASE PLATE DETAILS CANTILEVER FIELD SPLICE DETAILS CANTILEVER POST AND ARM DETAILS CANTILEVER SIGN MOUNTING BRACKETS CANTILEVER INSTALLATION DETAILS SIGN NOTES (2 OF 2) SIGN NOTES (1 OF 2) CABINET DISCONNECT CABINET ACCESS REMOTE CommentsDate: R-1 Computer File Information Sheet Revisions Not to Scale Drawing File Name: Last Modification Date: Creation Date: CAD Ver.: Full Path: Scale:Units: Initials: Initials: EnglishMicroStation V8 07-04-12 JRM STANDARD PLAN NO. S-614-60JRM07-04-12 S-614-60_01of14.dgn Issued By: Safety and Traffic Engineering Branch on July 4, 2012 MONOTUBE STRUCTURES DYNAMIC SIGN Sheet No. 1 of 14 R-X R-X R-X STRUCTURES SHALL BE GROUNDED IN ACCORDANCE WITH APPLICABLE ELECTRICAL CODES. ROADWAY PLANS. A DISCONNECT FOR THE POWER SUPPLY TO THE DMS SHALL BE PROVIDED AS SHOWN IN THE BEFORE INSTALLING THE SIGN STRUCTURE; VERIFY CONCRETE STRENGTH WITH MATURITY METER. GRADE 60. CAISSON CONCRETE MUST HAVE A MINIMUM COMPRESSIVE STRENGTH OF 2,700 PSI ALL CONCRETE SHALL BE CLASS BZ WITH AIR ENTRAINMENT; REINFORCING STEEL SHALL BE CONTRACTOR SHALL NOT COMMENCE FABRICATION UNTIL SUCH SPLICE LOCATIONS ARE APPROVED. GALVANIZING. SPLICE LOCATIONS SHALL BE SUBMITTED TO THE ENGINEER FOR APPROVAL AND THE ALL SIGN STRUCTURES SHALL BE FABRICATED INTO THE LARGEST PRACTICAL SECTIONS PRIOR TO STRUCTURES MAY BE MADE WITH GALVANIZING OR PAINT ON THE CONTACT (FAYING) SURFACES. THE STANDARD SPECIFICATIONS. ASSEMBLY OF HIGH-STRENGTH BOLTED CONNECTIONS FOR SIGN HIGH-STRENGTH BOLTED CONNECTIONS SHALL CONFORM TO THE PROVISIONS IN SECTION 509.28 OF ON SHEET 2. ALL STRUCTURAL STEEL SHALL CONFORM TO THE REQUIREMENTS SHOWN IN THE MATERIALS TABLE 06-17-16 REVISE NOTE 4 www.codot.gov/library/traffic/traffic-standards/2012-s-standard-plans 2829 W Howard Place Phone: Denver, Colorado 80204 303-757-9543 FAX:303-757-9219 Colorado Department of Transportation Safety & Traffic Engineering KCM/RLO 02-19-19 TC Packet Page 59 of 64 60 SH82BRUSH CREEK ROADINTERCEPT LOTBUDDY ROAD SM I T H W A Y RIO GRANDE RIVERUPPER R IVER ROADTO TOWNOF BASALT(11.0-MILES)TO PITKINAIRPORT(2.5-MILES)TO TOWN OFSNOWMASS(2.6-MILES)WOODS ROADCONCEPTUAL PLANS01/28/19Know what's below.R Call before you dig.02-19-19 TC PacketPage 60 of 6461 1 AGENDA ITEM SUMMARY MEETING DATE: February 19, 2019 - EOTC Preparation Meeting AGENDA ITEM TITLE: Retreat Scheduling Discussion STAFF RESPONSIBLE: David Pesnichak, Transportation Administrator THRU: Brian Pettet, Pitkin County David Peckler, Town of Snowmass Village John Krueger, City of Aspen ISSUE STATEMENT: At the last EOTC meeting in October 2018, the EOTC budgeted for a retreat in 2019. The purpose of the anticipated EOTC retreat is to move beyond status quo. In other words, the retreat is not an end goal, but a stepping stone. And in order to make this step a success, appropriate preparation is of utmost importance. While it is understood that some officials would like to have the retreat as soon as possible, staff feels that appropriate preparation time is necessary to help ensure it is productive and adequately addresses the desired outcomes. BACKGROUND: Over the past several months, the Transportation Administrator has met either one-on- one or within groups with almost every elected official on the EOTC, as well as associated staff. Based on these meetings, one prevolant thread is the desire to reevaluate and/or reaffirm the EOTC mission statement as well as identify shared values and vision. As these are some of the basic components to a strategic plan, Staff would like to focus the retreat and discussion topics as the first step in the process to the development of such a plan. The purpose of a strategic plan is anticipated to be a step back from the day to day operations of regional transportation and identify where you as a Committee are heading and what you think your priorities should be for the future. This kind of planning has become particularly important with the new hire of a Transportation Administrator and ensuring that this resource is utilized in an efficient and effective manner. Should the EOTC agree with the goal of utilizing the retreat as a stepping stone into a strategic plan, then the spring and summer months will be critical preparation for staff and the elected officials to ensure that the retreat is set up and geared appropriately. Specifically, staff anticipates utilizing this time to conduct a thorough environmental scan of the current regional transportation landscape. This scan can then be used by the EOTC at the retreat to help inform not only work on the mission statement, vision, and values, but also how the Committee would like to move forward with the development and implementation of a strategic plan. In order to allow staff and the EOTC time to appropriately set up the retreat and conduct an environmental scan, staff recommends that the retreat be scheduled for late July or early August 2019. This timing would move the retreat to more of the shoulder season yet before the fall picks up. It would also allow newly seated elected officials to be prepared for an educational values and vision setting retreat. 02-19-19 TC Packet Page 61 of 64 62 2 BUDGETARY IMPACT: None. RECOMMENDED EOTC ACTION: Discuss goal of gearing the retreat as a stepping stone to an EOTC strategic plan. Discuss a possible date for retreat either the last week in July or first week in August, 2019. ATTACHMENTS: None. 02-19-19 TC Packet Page 62 of 64 63 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 19, 2019 AGENDA ITEM: Executive Session PRESENTED BY: Clint Kinney, Town Manager John Dresser, Town Attorney BACKGROUND: The Town Council has reason to convene in executive Session to receive advice on a legal matter. To convene in executive session, state law requires that the specific motion written in staff recommendations section requesting the executive session be passed with 2/3 of the governing body voting in the affirmative for said motion. FINANCIAL IMPACT: N/A APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A COUNCIL OPTIONS: 1)Convene in Executive Session 2) Choose not to convene in Executive Session STAFF RECOMMENDATION: It is the recommendation of the Snowmass Village Town Staff that the Council make and approve the following motion 1. Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss one item: 02-19-19 TC Packet Page 63 of 64 64 a) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. ATTACHMENTS: A. N/A 02-19-19 TC Packet Page 64 of 64 65