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HomeMy WebLinkAboutagenda.council.worksession.20170417 NOTICE: MODIFIED 4/17/17 8:30 A.M. MEETING START TIME AT 5:00 PM CITY COUNCIL WORK SESSION April 17, 2017 5:00 PM, City Council Chambers MEETING AGENDA I. Tobacco 21 Initiative II. Bicycle & Pedestrian Master Plan Phase II P1 MEMORANDUM TO: Mayor and City Council FROM: James R. True, City Attorney C.J. Oliver, Director of Environmental Health MEETING DATE: April 17, 2017 RE: Tobacco 21 Initiative REQUEST OF COUNCIL: This matter was initially brought to Council by Kimberly Levin, MD, MPH, Pitkin County Medical Officer, and representatives of the Preventing Tobacco Addiction Foundation. Staff is looking for direction from Council as to whether to bring to back to Council for formal consideration one or both of the proposed ordinances that are attached hereto. DISCUSSION: There is attached to the packet a memo to Council from Dr. Levin, as well as some informational materials from the Preventing Tobacco Addiction Foundation. It is the understanding of staff that Dr. Levin and Eric Brodell, MPH, the Western States Regional Director of Preventing Tobacco Addiction Foundation will have a power point presentation for Council at the work session. Also attached are two proposed ordinances. The first sets forth a licensing program for businesses that sell e-cigarettes. Through what some might consider a quirk of Colorado statute, the City cannot license those whose sell standard cigarettes without forgoing certain tax revenue. Thus, this licensing program is written for just e-cigarettes or other “electronic nicotine delivery systems”, known as ENDS. If Council wishes to license the vendors of all tobacco products, then this ordinance can be amended to reflect that direction. However, staff does not support consideration of this change without a full analysis of the budgetary impact through the standard budget process in the fall. The second ordinance that is attached would prohibit the sale of all tobacco products to individuals under the age of 21. The City has the authority to take this action regardless of whether it adopts the licensing program. However, staff must note that there will be issues related to enforcement, if this action is taken. Those issues will be discussed in greater detail at the work session. NEXT STEPS: As noted above, if Council wishes to formally consider one or both of these proposed ordinances, staff will bring final versions back to Council for first reading at the earliest practicable time. P2 I. Memo: Tobacco 21 April 12, 2017 To City Council – A year ago I read an article in the New England Journal of Medicine titled “Have Tobacco 21 Laws Come of Age?” and it struck me - I learned that although the federal minimum legal sales age (MLSA) of tobacco products was 18, any U.S. locality or state has the power to raise this age to 21. Today, over 225 U.S. localities and the states of California and Hawaii have enacted this into law, and research had shown it’s effective in decreasing high school tobacco use by up to 50%, protecting this cohort from a lifetime addiction to nicotine. Why is momentum surging for this initiative now? Since 2014, after decades of effective anti-smoking campaigns and decreasing smoking rates in the U.S., there has been a surprising upturn in youth tobacco use. This is likely due to the recent introduction and popularity of e- cigarettes (and other ENDS – “electronic nicotine delivery systems”) and their marketing toward teens. As the Pitkin County Medical Officer, I saw an opportunity to improve the health of our youth by proposing a Tobacco 21 law locally in the City of Aspen. I contacted the Preventing Tobacco Addiction Foundation’s national office in Ohio, and connected with Eric Brodell, MPH, their Western States Regional Director. We have worked together over the past year to set forth Tobacco 21 in Aspen today. Smoking rates in the U.S. have declined substantially since the Surgeon General’s 1964 report, from 42 percent to now about 18 percent; however, it remains one of the biggest public health problems in the U.S. as almost 500,000 Americans still die prematurely each year from diseases related to cigarette smoking. This makes up 85% of deaths from lung cancer. In Colorado, like most other states, it is the number one cause of preventable death, and accounts for 5,100 deaths a year. Surprisingly, 90% of adult smokers started smoking before the age of 18. Each day more than 3,000 adolescents in the U.S. try their first cigarette. The developing teenage brain has plasticity, and is therefore uniquely vulnerable to the rewarding effects of nicotine. Nicotine is one of the most highly addictive drugs, taking effect on the brain within a minute. Teen years are an age of experimentation and risk-taking, and susceptibility to peer pressures. Unfortunately, e-cigarettes have not only been gaining popularity by being cleverly marketed toward teens with over 7,000 flavors, they have also been shown to be a transition into cigarette smoking and other recreational drug use. Information from a UCSF study has shown youth that never would have touched a traditional combustible cigarette are now using e-cigarettes and then transitioning to traditional cigarettes. Research has shown that teens purchase cigarettes from their peers - 90% of the “social sources” (friends and family) of tobacco for the 12-18 year olds are the 18-21 year olds. It has also been shown that youth typically do not make the effort to travel to neighboring localities if the age has increased to 21 in their city. This combination of factors make youth the most important and effective focus for tobacco mitigation. P3 I. Support for Tobacco 21 is high. A 2015 CDC survey found that a surprisingly 75% of respondents, and 70% of current smokers favored raising the MLSA of tobacco to 21. The 2012 Surgeon General’s report stated that tobacco prevention efforts need to focus on youth. In 2015 the Institute of Medicine published an extensive report titled “Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products,” stating that predictive models of Tobacco 21 found the greatest reduction in tobacco initiation would be in the 15-17 year old range. It predicted a 25% decrease in youth initiation and a 12% drop in overall prevalence of tobacco use, reinforcing the effectiveness of Tobacco 21. In addition high popular support and predicted effectiveness, Tobacco 21 would result in minimal economic impact, typically less than 2% of retail sales lost. At this first City Council work session, Mr. Brodell and I would like to build on this background presented here, present research that has shown the effectiveness of Tobacco 21, discuss the pros and cons of enacting this initiative locally, and explain how Tobacco 21 will specifically benefit the City of Aspen in building a healthy community. We will present a draft ordinance with the goal to raise the age to 21 for tobacco purchase, and details of how this can be enforced in the city. We will explain some laws specific to Colorado that limit cigarette regulation, and propose a Tobacco Retail License, discussing the details of its costs, fines, and management. Education will play a key role as the evidence of the harms of nicotine and cigarettes is now undisputable. I look forward to your support as we hope to make Aspen the first city in Colorado to enact Tobacco 21, and to create a platform for other Colorado localities to follow suit. Kimberly Levin, MD, MPH Pitkin County Medical Officer P4 I. Tobacco use results in over 500,000 American deaths each year, equivalent to three 747s crashing, killing all aboard, every single day. It costs us annually over $289 billion. 2800 teenagers try smoking every day, and unless there is a trajectory change this addiction will dramatically shorten the lives of 5.6 million children alive today.1 For years we’ve successfully pursued a strategy of education, counter- marketing, increasing taxes and limiting tobacco access to teenagers. These worked to a degree, obviously not enough, but now money is tight, “tax” is an epithet and new forms of nicotine like e-cigarettes threaten our kids. It’s time for a change. The Example of Needham: In 2005, Needham, Massachusetts (population 30,000) raised its sales age for tobacco to 21. Despite being tightly surrounded by other Boston suburbs, the effect was powerful. The MetroWest Health Foundation examined tobacco use in a survey of 20 suburban high schools. Only Needham had moved to age 21 and the result was a 48% drop in 30 day prevalence and a 62% drop in frequent (20/30 day smoking)2, declines nearly triple those of surrounding communities. If this result can be widely duplicated, age 21 will become by far the single most effective tobacco prevention intervention ever utilized in the US. Lessons from the Drinking Age: There was a lesson hard-won with another troublesome drug, alcohol. The unpopular, forcible draft of millions of disenfranchised teenagers brought about the 26th Amendment giving 18 year-olds the vote. Twenty-five states also lowered their drinking age to 18. The immediate effect was disaster on the highways and a surge in teen alcohol use, alcoholism and other drug use. Congress, at the behest of President Reagan forced all states to raise their age minimum back to 21. There followed a rapid drop in highway deaths and a sustained decrease high school drinking, alcoholism and other drug use. The problem of teen drinking wasn’t solved but it was clearly and substantially ameliorated. Age 21 For All Nicotine Products: A Logical, Powerful Intervention.30 Day Prevalence5% 8% 10% 13% 15%200620082010MetroWest (age 18)Needham (age 21)Frequent (20 / 30 days)1.5% 3.0% 4.5% 6.0%200620082010TOBACCO21.ORG @TOBACCO21 OVER ! Alcohol is used differently than tobacco. Alcohol is used occasionally, and there may be an incentive to give alcohol to a teen to induce a party atmosphere or sexual compliance. There is less incentive to buy a teen a daily pack of cigarettes. Age 21 for nicotine may work substantially better than did 21 for alcohol. The top line tracks high-school seniors who had at least one drink in the previous 30-day period and reflects a drop from 70% to 50%. The bottom line, more relevant to the daily addiction of cigarettes, shows a drop in daily use from 6% to 2.5% -down more than 50% – similar to Needham. P5 I. The 90% from 2% Phenomenon. Social sources are enormously important in adolescent initiation of tobacco use and consolidation toward addiction. 90% of the suppliers of tobacco products to those under age 18 are themselves under age 21.4 Yet only 2% of total dollar cigarette sales go to those ages 18 to 21.5 Thus this tiny sliver of the total number of cigarettes sold produce the overwhelming majority of new nicotine addicts and smokers. This is undoubtably the lever by which age 21 works to reduce teenage initiation and addiction to nicotine. Adolescents Have Plastic Brains. A tsunami of neurologic data now underscores the vulnerability of the youthful brain. Kids’ astonishing cognitive gains parallel the rapid modulation of neuroreceptors that can then be reset for life. The nicotinic-cholinergic receptors that affect dopamine transport are a case in point. Early high-level nicotine exposure ramps up these receptors resulting in a brain that feels perpetually starved for the powerful neurotransmitter dopamine. This leaves kids and the adults they will grow into at risk for depression, anxiety, irritability and substance abuse and other high risk behaviors, as scores of studies indicate. E-cigarette use has skyrocketed due to televised sexual and celebrity ads as well as candy flavors. Seventeen percent of high school seniors smoke highly addictive e-cigarettes3. Couple this with the the thousands of “vape shops” that have opened in the last few years4, and you have a recipe for an addiction epidemic. For adolescents and pregnant women it is the nicotine which does the damage, not the “tars.”
 Age 21 Enjoys 75% Popular Support. In July of 2015 the CDC conducted a nationally representative survey of 4,219 United States citizens investigating support for Tobacco 21. 75% of respondents, and 70% of current smokers, favored raising the tobacco age to 21.3 The majority of adults in every demographic and smoking-status category supported increasing the minimum age. Raising the age to 21, it seems, is easy to understand, straightforward and hugely popular across the board. Supported by the Institute of Medicine & FDA. In March of 2015 the prestigious Institute of Medicine released a long-awaited 360 page report commissioned by the FDA, which detailed the enormous public health benefits that would result from raising the tobacco age to 21. These include a 25% decline in smoking initiation by teenagers, and a 12% overall drop in smoking prevalence. Nearly immediate effects include 16,000 cases of preterm birth and low birth weight averted in the next 5 years. The report also predicted that for kids alive today, 4.2 million years of life would be saved by virtue of this logical, simple policy change. A National Movement with Local Roots. Over 225 cities in 16 states have now enacted strong age 21 protections for all nicotine products. Thanks to the dedication of local advocates, Hawaii became the first state in the nation to raise their tobacco age to 21 in June of 2015, and California followed in April of 2016. It is important to note that Hawaii and California’s efforts began at a local level. Tobacco lobbyists wield little power with our neighbors, and our local town and city councils. 1 The health consequences of smoking: 50 years of progress. A report of the Surgeon General. U.S. Department of Health and Human Services. 2014. 2 Needham, MA, Public Health Department. http://www.needhamma.gov/DocumentCenter/View/8554 3 King, Brian A. et al. Attitudes Toward Raising the Minimum Age of Sale for Tobacco Among U.S. Adults. American Journal of Preventative Medicine. July 6, 2015. 4 JR, Coleman M. Sources of tobacco for youths in communities with strong enforcement of youth access laws. Tob Control 2001:10:323-8 5 Winickoff JP, Hartman, L, Minimal Retail Impact of Raising Tobacco Sales Age To 21. Am J Public Health, November 2015. P6 I. RAISING THE TOBACCO SALE AGE TO 21: BUILDING STRONG ENFORCEMENT INTO THE LAW Raising the minimum legal sale age of tobacco products to 21 (Tobacco 21) is an important, emerging policy strategy to reduce smoking that complements and builds on proven approaches such as tobacco prevention and cessation programs, higher tobacco taxes and smoke-free air laws. Raising the tobacco sale age to 21 will have a substantial positive impact on public health and save lives. Under federal law, and the law of every state, it is illegal for a retailer to sell tobacco products to persons younger than 18 years of age; a few states have set the minimum age at 19.1 In recent years, at least 135 localities in nine states have enacted ordinances or issued regulations raising the minimum age for tobacco sales to 21. In 2015, Hawaii became the first state to enact such a law, and recently California followed suit (Note: as of 4/22/16, the legislation awaits the Governor’s signature). The momentum for Tobacco 21 was strengthened in 2015 with the release of an Institute of Medicine report predicting that raising the tobacco sale age to 21 nationally would, over time, reduce the smoking rate by about 12 percent and smoking-related deaths by 10 percent, which translates into 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer and 4.2 million fewer years of life lost. To be effective, youth access laws must be rigorously enforced. Unfortunately youth access laws are often poorly enforced. The national "Monitoring the Future" survey reports that two- thirds of 10th grade students found cigarette access to be "fairly easy or very easy."2 The most recent federally mandated retailer compliance rate survey under the Synar Program found that one in ten retailers sell to kids aged 14-17.3 Moreover, too few retailers are fined or suffer license suspension. Because adolescents readily identify those retailers who will sell to them, an effective law must substantially reduce these levels of retailer non-compliance. It is critical that age of sale laws are strictly enforced to ensure a high rate of compliance. The most effective way to ensure compliance is to take enforcement into account in drafting an ordinance or regulation, rather than considering it only after a proposal is adopted. The purpose of this Memorandum is to provide recommendations for enforcement to localities considering raising the tobacco sale age to 21. P7 I. 2 In part, these recommendations are drawn from ordinances that already have been adopted. They are also drawn from lessons learned from setting the sale age at 18.4 Jurisdictions considering raising the sale age should review their current laws to identify weaknesses that can be addressed in new minimum age legislation. We have provided alternatives because each locality is unique and the best way to include language in any ordinance may vary from jurisdiction to jurisdiction. Nevertheless, these suggestions are based on common principles that apply to all situations and each suggested provision should be considered by any state, city or county in crafting language to raise the tobacco sale age. Designate an Enforcement Agency Designating an enforcement agency in advance and making clear who is responsible for enforcement, and the tools that will be available to the enforcement agency, always enhances enforcement, but not all existing ordinances do so. Some existing sale-at-21 ordinances define violations and specify the penalties for violation, without designating a particular agency as responsible and accountable for enforcement of the ordinance. Practically, this may be less of a problem in jurisdictions that have existing youth access laws, have previously designated the enforcement agency for enforcing those laws, and are merely raising the age from 18 to 21 under the same authority. However most state and local authorities rely on compliance checks organized and funded by the FDA under the 2009 Family Smoking Prevention and Tobacco Control Act. Unfortunately the FDA can only enforce up to age 18 and, at this time, cannot enforce laws on non-cigarette tobacco products like e- cigarettes and small cigars. If the FDA or its contract agent does all of the youth access enforcement in a jurisdiction, an alternative arrangement may be needed to enforce age 21. After understanding what agency or authority currently enforces youth access to tobacco, it is important to ascertain how successful the retailer compliance program has been. Enforcement programs often consist of compliance checks in which “decoy” underage purchasers test compliance with age-verification requirements as well as minimum-age restrictions under the supervision of an adult. Effective programs visit each retail tobacco outlet at least once or twice per year to conduct random unannounced inspections, with follow-up checks on non-compliant stores. For those with no preexisting youth access law or for local jurisdictions in which enforcement of age 18 has been handled entirely by a state enforcement agency or the FDA, it is important to designate a local enforcement agency and to give that agency explicit authority to enforce the ordinance, in the text of the ordinance itself. This will provide certainty as to what entity is responsible for enforcement and, just as important, what agency is accountable for enforcement. Determining who will enforce, and how enforcement will be conducted, will require pre-planning to allow time to communicate with key stakeholders. It is advisable to identify the intended enforcing agency in advance, consult with the agency where possible, and then include its representatives in discussions as the language is drafted. Some existing ordinances designate the local public health department or officer, some designate local law enforcement, and others designate both a public health enforcement entity and a law enforcement entity. The designation of more than one locus of enforcement responsibility may provide needed flexibility, as long as there is no confusion as to responsibility and accountability. When possible under state law, we advise using existing regulatory authorities such as health department inspectors or experienced contractors rather than relying on the police or sheriff's office where resources may be stretched. Enforcement should focus P8 I. 3 on the retailer who sells to a person under 21, not on the below-age purchaser. Generally enforcement does not take place at the time of the compliance check. Instead a violation letter is sent later describing the violation and stipulating the warning or penalty. Identify a Dedicated Funding Source for Enforcement Regardless of what agency is designated for enforcement duties, effective enforcement requires a consistent, dependable source of funding for enforcement efforts. Such a program of decoy- based compliance checks, of course, requires commitment and adequate resources. A jurisdiction should not automatically assume that existing funding is adequate because a local authority already has funds to enforce the existing youth access law. For example, it may be that localities currently receive funding from state tobacco control programs or the FDA to enforce 18 as the minimum age under current state or local law, but this money may not be available to enforce local ordinances raising the age to 21 because selling tobacco products to 18-20 year olds does not violate state or federal law. (Currently only Hawaii has adopted Tobacco 21; as of 4/22/16 California’s legislation awaits the Governor’s signature.) Compliance checks to enforce Tobacco 21 ordinances necessarily involve decoys in the 18-20 age range and state or federal funding may not be available to recruit and deploy decoys of that age group. Identifying funds is important for success and the source of such funds should be specified in the ordinance. Again, determining the source of funding will require a pre-drafting planning process to consult with stakeholders. For example, some localities specify that fines for non- compliance are to be used to fund compliance checks and other enforcement activities. When establishing the level of fines for violation of the ordinance, jurisdictions should consider not only the minimum necessary to encourage compliance, but also the level sufficient to provide a dependable source of enforcement funding going forward. Where a jurisdiction requires a license to sell tobacco products, license fees can also be specified as a source of enforcement funds. Some jurisdictions (e.g. Boston, MA) provide for the use of both fines and fees. To the extent possible, it is desirable that tobacco enforcement and/or regulatory activity be self-funding (through the use of fines and fees) to ensure continuous and dependable funding. The ordinances of some jurisdictions identify a preexisting fund for enforcement not limited to tobacco enforcement (e.g. county or city general funds). Require a Specified Number of Compliance Checks Localities should also consider including a provision mandating a minimum number of compliance checks per retailer for a specific period of time. For example, the Minneapolis, MN licensing law enforces the minimum age of 18 for tobacco sales by requiring unannounced compliance checks to be conducted at least annually at each location where tobacco is sold and then, in the event of a first violation, mandating another check within the following six months and at least twice within a year of the first violation. The Santa Clara County, CA ordinance specifies a minimum standard of two decoy-based compliance checks each year for implementation of its age 21 law. This kind of requirement should be a substantial incentive for compliance, as well as making the enforcement authority easily accountable for a given level of enforcement activity. P9 I. 4 License Tobacco Retailers or, Where There Is An Existing Licensing System, Use Threat of License Suspension or Revocation as an Enforcement Sanction A tobacco retailer licensing system can be important in enhancing enforcement. Not only does a license fee provide a stable and reliable source of funding for enforcement, but also the threat of license suspension and revocation can be a powerful incentive for compliance. As example, Needham, MA, often cited as the progenitor city for Tobacco 21, developed excellent retailer compliance only after it issued a 60 day suspension to one retailer. The requirement of license renewal also allows local enforcement agencies to keep a current census of tobacco retailers. In several jurisdictions, including Boston, MA and Santa Clara County, CA, license suspension or revocation is expressly available as a sanction for non-compliance with the minimum legal sale age of 21. Most states already have a tax-license system for tobacco, but we suggest that age 21 ordinances contain a revocable local license that also funds enforcement efforts. Provide for Citizen Complaints of Violations The ordinances of several jurisdictions, including Bergenfield, NJ, Rutherford, NJ and Boston, MA, provide for citizen complaints of violations. W hile some citizens currently contact agencies in their community to report violations of laws, this type of provision may help invite the community to assist in enforcement of these ordinances, while providing an additional incentive for compliance and enhance accountability. Ordinances should make clear how, and with what agency, such complaints should be filed, as well as providing for public education to ensure general knowledge of the complaint mechanism. Require Appropriate Signage at Retail Stores Local Tobacco 21 ordinances also can enhance compliance by requiring retailers to post appropriate signage, or change existing signage, in prominent locations easily readable by consumers and the public, making it clear that 21 is the minimum age to purchase tobacco products. Cleveland’s ordinance, for example, has an express provision for signage. In addition, if the public is more aware of the new minimum age, it will tend to encourage citizen complaints of violations. Signage should include information about state and local resources to help tobacco users quit. In the pre-drafting planning phase, it is important to determine who will be responsible for printing and distributing signs, including covering the cost. It also is important to work with the enforcing agency ahead of time to determine how the newly-required signs concerning the local 21 ordinance will relate to any preexisting signage required by state law for sales to persons under 18. Provide for Retailer Education Local ordinances should provide for the education of retailers as to the new minimum age and specify the agency responsible for conducting such education. Retailer education will prevent inadvertent non-compliance due to ignorance of the new age limit, as well as laying the groundwork for successful enforcement actions and the application of appropriate penalties when violations occur. It is important to build in time between enactment of the policy and its effective date to make sure there is enough time to educate retailers, adopt new signage, etc. P10 I. 5 1 The states with the tobacco sale age at 19 are Alaska, Alabama, New Jersey, and Utah. 2 Monitoring the Future Survey, 2015. Survey Research Center, Institute for Social Research, University of Michigan, Ann Arbor, Michigan. 3 Tobacco sales to youth. Annual Synar Reports FFY 2013. Substance Abuse and Mental health services administration. http://www.samhsa.gov/sites/default/files/synar-annual-report-2013.pdf. 4 DiFranza, Joseph R. "Best practices for enforcing state laws prohibiting the sale of tobacco to minors," Journal of Public Health Management and Practice November-December 11(6), 2005. P11 I. {A0098974 / 5 } Chapter [13.25] [Section to be determined – Section 13 is Health and Quality of the Environment. Could also go under Licenses Section although not all “Licenses” in Aspen are addressed there.] LICENSING OF NON-CIGARETTE TOBACCO RETAILERS 13.25.010 Incorporation of general licensing provisions. The provisions of Chapter 14.04 City of Aspen Municipal Code (Licenses and Permits Generally) [and Section 1.04.110 (Double Fee for Failure to Obtain Required Licenses)], shall apply to this Chapter except where they are specifically modified by the provisions of this Chapter. 13.25.020 Definitions.
 The following definitions shall apply throughout this Chapter: (a) Cigarette means any product that contains tobacco or nicotine, that is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (2) tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (1)(a) above. (4) the term includes all “roll-your-own,” i.e., any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by consumers as tobacco for making cigarettes. (b) Department means the City of Aspen [Environmental Health Department], and any agency or person designated by the City Manager to enforce or administer the provisions of this Chapter. [Note: Goal is to keep enforcement and administration separate.] (c) Electronic Smoking Device means an electronic device that, when activated, emits a vapor, aerosol, fume or smoke that may be inhaled or absorbed by the user, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah and similar devices. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance, with or without nicotine, intended to be aerosolized, vaporized or produces a fume or smoke during the use of the device intended for human consumption. P12 I. DRAFT 4/11/17 {A0098974 / 5 } 2 (d) Licensee means the owner or holder of a Non-Cigarette Tobacco Product Retailer License. (e) License refers to the Non-Cigarette Tobacco Product Retailer license. (f) Licensing Administrator means the person(s) within the City government designated with responsibilities by the City [Manager] for license issuance, renewal and collection of fees. (g) Minimum Legal Sales Age means twenty-one (21) years of age or older. (h) Mobile Vending means any sales other than at a fixed location. (i) Non-Cigarette Tobacco Product means 1) any product other than a cigarette which contains, is made or derived from tobacco or used to deliver nicotine or other substances intended for human consumption, whether heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to cigars, little cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, mints, hand gels; and 2) electronic smoking device; 3) notwithstanding any provision of subsections 1) and 2) to the contrary, “tobacco product” includes any component, part, accessory or associated tobacco paraphernalia of a tobacco product whether or not sold separately. 4) The term “Non-Cigarette Tobacco Product” does not include: (i) a cigarette as defined in C.R.S. 39-28-202(4) or C.R.S. 18-13-121(5)(a); (ii) any product that contains marijuana; and (iii) any product made from or derived from tobacco and approved by the Food and Drug Administration (FDA) for use in connection with cessation of smoking. (j) Non-Cigarette Tobacco Product Retail Location or Retail Location means any premises where Non-Cigarette Tobacco Products are sold or distributed to a consumer including, but not limited to, hookah bar, lounge or café, any grounds occupied by a retailer, any store, stand, outlet, vehicle, cart, location, vending machine or structure where Non-Cigarette Tobacco Products are sold. (k) Non-Cigarette Tobacco Product Retailer means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, Non-Cigarette Tobacco or Nicotine Products, or Tobacco Paraphernalia. “Non-Cigarette Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. (l) Non-Cigarette Tobacco Product Retailing means the selling, offering for sale, or exchanging for any form of consideration a Non-Cigarette Tobacco Product. (m) Self-Service Display means the open display or storage of Non-Cigarette Tobacco Products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person- to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. P13 I. DRAFT 4/11/17 {A0098974 / 5 } 3 (n) Tobacco Paraphernalia means any item designed for the consumption, use or preparation of Non-Cigarette Tobacco Products. (o) Vending machine shall mean any mechanical, electrical, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses product. 13.25.030 Minimum Legal Sales Age. Non-Cigarette Tobacco Products shall not be sold to any person under the Minimum Legal Sales Age. 13.25.040 License requirements and prohibitions. (a) Non-Cigarette Tobacco Product Retailer License required. (1) It shall be unlawful for any person to act as a Non-Cigarette Tobacco Product Retailer in the City unless he or she has obtained a License and maintains the same in full force and effect pursuant to this Chapter for each location where Non-Cigarette Tobacco Product Retailing occurs. (2) No license may be issued to authorize Non-Cigarette Tobacco Product retailing anywhere other than at a fixed location that is designated in the License application and approved by the Licensing Administrator. Non-Cigarette Tobacco Product Retailing by a persons on foot, from vehicles or through Mobile Vending is prohibited. (3) Non-Cigarette Tobacco Retailing without a valid License is a nuisance as a matter of law. (b) Display of License. Each License shall be prominently displayed in a publicly visible location at the licensed Non-Cigarette Tobacco Product Retail Location. (c) Display of Minimum Legal Sales Age Requirements. The requirement of the Minimum Legal Sale Age for the purchase of Non-Cigarette Tobacco Retail Product shall be prominently displayed in the entrance (or other clearly visible location) of the Non-Cigarette Tobacco Product Retail Location. (d) Other Prohibitions. (1) A Non-Cigarette Tobacco Product Retail Location may only have one active License at one time. Every License is separate and distinct and specific to a designated location. The License cannot be assigned, delegated, sold, inherited or otherwise transferred between persons or transferred to a different location, except as provided in this Chapter. No Licensee shall exercise the privileges of any other License or delegate the privileges of its own License. P14 I. DRAFT 4/11/17 {A0098974 / 5 } 4 (2) A person or entity may not apply for a License for a one year period after a License has been revoked. (3) No License shall be issued to any person under twenty-one (21) years of age. 13.25.050 Conditions of the Non-Cigarette Tobacco Product Retail License. The following conditions shall apply to the Licensee: (a) Minimum age for persons handling Non-Cigarette Tobacco Products. No Person who is younger than the minimum age established by the City to purchase and possess the Non-Cigarette Tobacco Products shall, while employed at a Non-Cigarette Tobacco Product Retail Location, sell, stock, retrieve, or otherwise handle Non-Cigarette Tobacco Products. (b) Prohibition of self-service displays. Licensees shall stock and display all Non- Cigarette Tobacco Products in a manner so as to make all such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to- face exchange of the Non-Cigarette Tobacco Product from an employee of the business to the customer. (c) Requirements of positive identification. No person engaged in Non-Cigarette Tobacco Product retailing shall sell or transfer a Non-Cigarette Tobacco Product to another person who appears to be under the age of thirty (30) years without first examining the identification of the recipient to confirm that the recipient is at least twenty-one (21) years of age. (d) No Licenses shall be issued within 500’ of schools. No Licenses will be issued to retailers located within 500 feet from schools or youth populated areas (community specific locations, playgrounds, parks etc.), as determined by the Licensing Administrator. [Note: optional language could be included to exempt (grandfather) existing businesses within the restricted zone as deemed appropriate, if applicable.] 13.25.060 Application procedure. (a) An application for a License shall be submitted and signed by an individual authorized by the person or entity making application for the License. It is the responsibility of each applicant and/or Licensee to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of said License. No applicant and/or Licensee may rely on the issuance of a License as a determination by the City that the proprietor has complied with all applicable tobacco retailing laws. (b) All applications shall be submitted on a form supplied by the Licensing Administrator. P15 I. DRAFT 4/11/17 {A0098974 / 5 } 5 (c) A licensed Non-Cigarette Tobacco Product Retailer shall inform the Licensing Administrator in writing of any change in the information submitted on an application for a License within thirty (30) business days of a change. (d) All License applications shall be accompanied by the payment in full of all fees as required in this Chapter. 13.25.070 Issuance of a Non-Cigarette Tobacco Product License. Upon the receipt of a completed application for a License as required by this Chapter, the Licensing Administrator shall sign and issue a License within thirty (30) days which period may be extended by the Licensing Administrator for good cause unless substantial evidence demonstrates that one or more of the following bases for denial exists: (a) The information presented in the application is incomplete, inaccurate or false; (b) The applicant seeks authorization for a License at a location where this Chapter prohibits the issuance of a License; (c) The applicant seeks a License for a location that is not appropriately zoned for the use; (d) The applicant seeks authorization for a License and the applicant’s current License is suspended or revoked; (e) The applicant is not qualified to hold the requested License under the provisions of this Chapter; or (f) The applicant and/or retail location is not in compliance with all City, state or federal laws; (g) The applicant is indebted to, or obligated in any manner to the City for unpaid taxes, liens or other monies; or (h) The payment of the licensing fee in the full amount chargeable for such License does not accompany such License application. 13.25.080 Denial of Non-Cigarette Tobacco Product License. (a) If the Licensing Administrator denies the issuance of the License, the Licensing Administrator shall notify the applicant in writing by regular mail postage prepaid on the address shown in the application. The notice shall include the grounds for denial. Notice is deemed to have been properly given upon mailing. (b) An applicant has the right to appeal the Licensing Administrator’s denial of an application to the “Hearing Officer” that shall be appointed by the City [Manager]. Such an appeal shall be initiated by filing a written request with the Licensing P16 I. DRAFT 4/11/17 {A0098974 / 5 } 6 Administrator within twenty (20) days of the date of the notice of denial of the issuance of a License. (c) The applicant’s failure to timely appeal the decision of the Licensing Administrator is a waiver of the applicant’s right to contest the denial of the issuance of the License. (d) The appeal, including any right to further appeals, shall be conducted and controlled by the provisions of Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The standard of proof at such appeal shall be a preponderance of the evidence and the burden of proof shall be upon the applicant. The Licensee’s failure to timely appeal the decision is a waiver of the Licensee’s right to contest the suspension or revocation of the License. 13.25.090 License term, renewal and expiration. (a) Term. All Licenses issued under this Code shall be for the period of one (1) year or a fraction thereof and shall expire on the last day of December of each calendar year unless otherwise specifically provided. (b) Renewal of License. A Licensee shall apply for the renewal of the License and submit the renewal License fee no later than thirty (30) days prior to expiration of the existing term. The Licensing Administrator shall renew the License prior to the end of the term, provided that the renewal application and fee were timely submitted and the Licensing Administrator is not aware of any fact that would have prevented issuance of the original License or issuance of the renewal. (c) Expiration of License. A License that is not timely renewed shall expire at the end of its term. The failure to timely obtain a renewal of a License requires submission of a new application. There shall be no sale of any Non-Cigarette Tobacco Products after the License expiration date and before the new License is issued. 13.25.100 License non-transferable. (a) A License shall not be transferred from one (1) person to another or from one location to another. (b) When a License has been issued to a husband and wife, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new License for the remainder of the term of that License. All rights and privileges granted under the original License shall continue in full force and effect as to such survivors for the balance of the term of the License. 13.25.110 Fee for License. (a) The annual fee for original issuance and renewal of a License [for applications filed in 2017 and 2018] shall be [five hundred] dollars ($[500]). The fee to issue or to renew a License may be changed from time to time by resolution of the City Council. The fee shall be calculated so as to recover the direct and indirect costs of P17 I. DRAFT 4/11/17 {A0098974 / 5 } 7 administration and enforcement of this Chapter, including, for example, issuing a License, administering the License program, retailer education and training, retailer inspection, compliance checks, community outreach and education, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this Chapter. Fees are nonrefundable except as may be required by law. In addition, from time to time, as deemed appropriate by License Administrator, the License may be increased in accordance with Article X Section 20 of the Colorado Constitution. (b) All fees and interest from proceeds of License fees under this Chapter shall be deposited in a separate cash account established by the City. These funds are to be used exclusively to defray the costs of the local licensing program. (c) As part of the annual budget process, the amount of fees charged by the City pursuant to this Section shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred by the City in connection with the adoption, administration and enforcement of this Chapter. (d) Beginning with the fiscal 20[__] budget, the amount of the fees charged by the City pursuant to this Section shall be fixed by City Council as part of its annual budget process. If, for any reason, such fees are not fixed by City Council as part of its annual budget process, the fees for the preceding year shall continue to in full force and effect until changed by City Council. 13.25.120 Compliance monitoring. (a) Compliance monitoring of this Chapter shall be by the Department, as the Department (or its designee) deems appropriate. (b) The Department shall have discretion to consider previous compliance check history or prior violations of a Licensee in determining how frequently to conduct compliance checks of the Licensee with respect to individual Licensees. (c) The Department shall inspect each Non-Cigarette Tobacco Product Retailer at least two (2) times per twelve (12) month period. Nothing in this paragraph shall create a right of action in any Licensee or other Person against the City or its agents. (d) Compliance checks shall be conducted as the Department deems appropriate so as to allow the Department to determine, at a minimum, if the Non-Cigarette Tobacco Product Retailer is conducting business in a manner that complies with laws regulating access to Non-Cigarette Tobacco Products. When the Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to Non-Cigarette Tobacco Products. (e) The Department shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person’s age (hereinafter a “Youthful Looking Decoy”) if the potential violation occurs when: P18 I. DRAFT 4/11/17 {A0098974 / 5 } 8 (1) the Youthful Looking Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the Department; or (2) the Youthful Looking Decoy is acting as an agent of a person designated by the City to monitor compliance with this Chapter; or [Note- I think we should leave this in because the City’s policy could change in the future and it does not require the City to use youthful looking decoys.] (3) the Youthful Looking Decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Environmental Health Department or the Colorado Department of Health and Environment. 13.25.130 Suspension or Revocation of License. (a) The following shall be grounds for suspension or revocation of the Licensee’s License: (1) A violation by a Licensee or Licensee’s officers, agents, or employees of any of the provisions of this Chapter, or any laws of the United States, the State of Colorado or ordinances of the City relating to the sale or furnishing of tobacco or Cigarettes to minors, or the storage or display of Cigarettes or tobacco products. (2) Violations of any conditions imposed by the Licensing Administrator or Hearing Officer in connection with the issuance or renewal of a License. (3) Failure to pay State or local taxes that are related to the operation of the business associated with the License. (4) Loss of right to possession of the licensed premises. (5) Fraud, misrepresentation, or a false statement of material fact contained in the original or renewal license application; (b) The City Manager shall appoint a Hearing Officer to hear all actions relating to the suspension or revocation of Licenses pursuant to this Chapter. The Hearing Officer shall have the authority to suspend, revoke, or impose remedial sanctions for violations. (c) The Licensing Administrator shall commence suspension or revocation proceedings by petitioning the Hearings Officer to issue an order to the Licensee to show cause why the Licensee’s License(s) should not be suspended or revoked. The Hearing Officer shall issue such an order to show cause if the petition demonstrates that probable cause exists to determine that one or more grounds exist pursuant to subsection (a) to suspend or revoke the Licensee’s License. The order to show cause shall set the matter for a public hearing before the Hearing Officer. (d) Notice of the order to show cause order and hearing date shall be mailed to Licensee by regular mail, postage prepaid, at the address shown on the License no later than P19 I. DRAFT 4/11/17 {A0098974 / 5 } 9 thirty (30) days prior to the hearing date. Notice is deemed to have been properly given upon mailing. (e) The notice to show cause hearing and any subsequent right to appeal shall be conducted and controlled by the provisions of Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The standard of proof at such hearings shall be a preponderance of the evidence and the burden of proof shall be upon the Licensing Administrator and/or Department. (f) In determining whether a License should be suspended or revoked, and in determining whether to impose conditions in the event of a suspension, the Hearing Officer shall consider the following factors: (1) The nature and circumstances of the violation; (2) Corrective action, if any taken by the Licensee; (3) Prior violations, if any by the Licensee; (4) The likelihood of recurrence of the violation; (5) Whether the violation was willful; and (6) Previous sanctions, if any, imposed on the Licensee. 13.25.140 Penalties and fines.
 (a) Licensees: penalties and fines. In addition to any other penalty authorized by law, and if the Hearing Officer determines based on a preponderance of the evidence, that the Licensee, or any of the Licensee’s agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law relating to the sale of tobacco to minors including but not limited to C.R.S. sections 18-13-121 and 24-35- 503, the Hearing Officer may consider the following non-binding guidelines in determining the sanctions to be imposed upon a Licensee as follows: (1) One violation within thirty-six (36) months: a civil penalty of five hundred dollars ($500) and/or suspension of the License for three (3) days. (2) Two violations within thirty-six (36) months: a civil penalty of one thousand dollars ($1,000) and suspension of the License for seven (7) days. (3) Three violations within thirty-six (36) months: a civil penalty of one thousand five hundred dollars ($1,500) and a minimum twenty (20) days suspension of the License. (4) Four violations within thirty-six (36) months: a civil penalty of two thousand dollars ($2,000) and revocation of License. P20 I. DRAFT 4/11/17 {A0098974 / 5 } 10 The actual sanction imposed upon a Licensee for any violation may vary from the above-stated guidelines when warranted by the specific facts and circumstances of the case. (b) After the effective date of this ordinance, it shall be unlawful for any Non-Cigarette Tobacco Product Retailer to sell a Non-Cigarette Tobacco Product without a License as mandated under this Chapter, or with a suspended or revoked License. In addition, the Hearing Officer may impose civil penalties of up to $2,500 for each separate Non- Cigarette Tobacco Product sold during the period of non-compliance with this Chapter. A retailer whose License has been suspended or revoked 1) shall not display Non-Cigarette Tobacco Products in public view during the timeframe in which the License is suspended or revoked; and 2) advertisements relating to Non-Cigarette Tobacco Products that promote the sale or distribution of such products from the location that could lead a reasonable person to believe that such products can be obtained from that location shall not be displayed. 13.25.150 Enforcement. (a) The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the City Attorney, including but not limited to nuisance abatement proceedings and injunctive relief. (b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall cause the offender to be subject to the penalties set forth herein or in the Aspen Municipal Code. 13.25.160 Compliance with C.R.S. Section 39-22-623. This Chapter is not nor shall not be construed in any way as imposing a fee, license, or tax as a condition for engaging in the business of selling Cigarettes or imposing a tax on Cigarettes. The License in no way applies to the sale of Cigarettes. If any part of this Chapter is found to impose a fee, license, or tax as a condition for engaging in the business of selling Cigarettes, then that part shall be deemed void. [Note: if the City of Aspen is okay with foregoing the Cigarette tax funds they receive (which were $6,400/month for the City in 2015), then this Code could be re- written to include Cigarettes. This will need to be part of the conversation with the City.] 13.25.170 No Rights in License. Every License issued under this Chapter confers only a limited and conditional privilege subject to the requirements, conditions, limitations and qualifications of this Chapter. The License does not confer a property right of any kind. The License and privilege created by the License may be further regulated, limited or completely extinguished at the discretion of City Council or the electorate of the City, as provided in this Chapter, without any compensation to the Licensee. Nothing contained in this Chapter grants to any Licensee any vested right to continue operating under the provisions of this Chapter as they existed at the time the License was approved or issued, and every License shall be subject to any ordinance or prohibition adopted after the License was approved or issued. P21 I. DRAFT 4/11/17 {A0098974 / 5 } 11 13.25.180 Effective Date. This Chapter shall become effective [one hundred eighty (180)] days after final passage and enforceable on and after that date. This date shall be the Effective Date. Any Non-Cigarette Tobacco Product Retailer without a License after the effective date will be in violation of this Chapter. [Note: the Effective Date could be shorter – it just needs to be 30 days after ordinance passage.] P22 I. Chapter 13.26 Sale of Tobacco Products 13.26.010 Minimum Legal Sales Age. (a) A person shall not give, sell, distribute, dispense, or offer for sale a cigarette, tobacco product, or nicotine product to any person who is under twenty-one years of age. (b) Before giving, selling, distributing, dispensing, or offering to sell to an individual any cigarette, tobacco product, or nicotine product, a person shall request from the individual and examine a government-issued photographic identification that establishes that the individual is eighteen years of age or older; except that, in face-to-face transactions, this requirement is waived if the individual appears older than thirty years of age. (c) As used in this section, "cigarette, tobacco product, or nicotine product" means: (I) A product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (II) Any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo, or pipe. (d) Notwithstanding any provision of paragraph (a) of this subsection (5) to the contrary, "cigarette, tobacco product, or nicotine product" does not mean a product that the food and drug administration of the United States department of health and human services has approved as a tobacco use cessation product. (e) Violation of this section shall be subject to such penalties as set forth in Section 1.04.080, of the Aspen Municipal Code, as amended from time to time. P23 I. 1 | Page MEMORANDUM TO: Mayor and City Council FROM : Justin Forman, P.E., Senior Project Manager, City of Aspen Brian Long, Trails Manager, City of Aspen THRU: Austin Weiss, Open Space & Natural Resource Manager, City of Aspen Matt Kuhn, Parks Operations Manager, City of Aspen DATE OF MEMO: April 14th, 2017 MEETING DATE: April 17th, 2017 RE: Bicycle & Pedestrian Master Plan Phase II Update SUMMARY: City staff seeks input and to provide an update to Council regarding the ongoing Phase II of our Bicycle & Pedestrian Master Plan. The goals for the work session include the following: • Provide a summary of Phase II • Seek Council’s input for installation of the following temporary treatments: o Super Sharrows in the downtown core on Durant Avenue & Hopkins Avenue o Painted Bulb-outs on Hopkins Avenue at Aspen Street & Mill Street intersections o A seasonal mini-roundabout at the intersection of Hopkins Avenue & Monarch Street o A seasonal pedestrian way treatment on 4th Street from Main Street to Music Tent o Improved definition of Hallam St as a Bicycle & Pedestrian corridor o Installation of removable planters on Hopkins Avenue Bike-Ped Way • Provide Council with an update on the use of www.aspencommunityvoice.com for community input on bicycle rack locations, additional bike lane striping, and the top five sidewalk gap locations. BACKGROUND: The City of Aspen has a long history of working bicycle and pedestrian plans, some dating back to the 1970’s. These plans have defined everything from the aesthetic of our sidewalks to the trail system that is throughout the community already. The last comprehensive Bicycle and Pedestrian plan for the City was completed in 1991. In 2014 and 2015, staff worked with Alta Planning + Design to create the first phase of a new Bicycle & Pedestrian Master Plan. Alta, along with staff, assembled an existing conditions map and undertook a comprehensive public survey process to identify priorities and needs within the community. This information was distilled down to a final map and set of recommendations for proposed improvements to the bicycle and pedestrian infrastructure. Alta also reviewed documents such as the Aspen Area Community Plan, Aging Well in Pitkin County, and City of Aspen Civic Master Plan to help ensure these proposed improvements were in-line with the community vision. Phase I included a list of over 100 recommendations. P24 II. 2 | Page In 2016, staff reviewed the list of recommendations and with the help of internal departments and citizen input, a narrower focus was established for phase II. On September 6th, 2016, staff presented to Council the draft scope of work for the phase II contract, and a contract with Alta Planning + Design was subsequently awarded early in 2017 following a request for proposal process. DISCUSSION: During the week of February 13th-17th, Alta staff visited Aspen in order to take a week and thoroughly analyze issues and propose the most appropriate solutions for the project. During that time, they met with multiple internal city departments such as streets, transportation, police, parks and the pedestrian & bicycle safety team to help gain a deeper understanding of each groups concerns and views. An external stakeholder meeting was held to gather information from groups such as We-Cycle, the Music Tent, and the Open Space & Trails board. Finally, a public outreach event was held on Wednesday February 15th in the Sister Cities room of City Hall. After all this information was gathered, Alta assembled complete and tailored solutions to address each of the phase II goals. These solutions are subsequently outlined: Improvements to East / West Corridor in the Downtown Core: East Hopkins Avenue and East Durant Avenue were identified as the two most used streets for cycling through the downtown core in an east/west fashion. Due to the obstacles of Wagner Park and the Pedestrian Mall, enhancements to the bicycle infrastructure on East Cooper Avenue and East Hyman Avenue were not prioritized. Based on recommendations from Alta, staff would like to propose that the following temporary treatments be installed this summer. With Council approval, these changes will help improve the safe travel of pedestrians, bicycles, and vehicles travel through the downtown core. P25 II. 3 | Page Super Sharrows Sharrows are not something new to Aspen, these shared-lane markings have been approved for use by the Manuel of Uniform Traffic Control Devices since 2009. Aspen has been using sharrows on our streets (Hopkins, Durant, etc.) for five years. In the past few years, the “Super Sharrow” has gained traction throughout bicycle friendly communities. These super sharrows give a much more visible reminder to vehicles to share the road with bicyclists, by providing the dashed lines indicating preferred bicycle positioning. Staff and Alta believe that the placement of the marking will also help to reduce potential conflicts with parked vehicles, by positioning the cyclist more central in the lane. The super sharrows are useful in locations where there is in insufficient roadway width to provide bike lanes, and Durant is one of those roadways with limited roadway width. Staff preferred not to consider more radical bicycle treatments, such as dedicated bike lanes for Durant, since these would have major impacts to the parking spaces and configurations. P26 II. 4 | Page Painted Bulb-Outs on E. Hopkins Ave. at S. Aspen St. and S. Mill St. The primary purpose of a bulb-out is to aide in a safe pedestrian crossing. This increased safety is accomplished by shortening the crossing distances for pedestrians and providing better visibility of pedestrians crossing for vehicles. The intersections of East Hopkins Avenue at South Aspen Street and South Mill Street were chosen due to the large number of pedestrians using these crossings, as well as known limited vehicle sight lines. These bulb-outs could also be used as a space for future bicycle parking, street furniture, wayfinding maps, or decorative flower plantings. Mini-Roundabout at E. Hopkins Ave. & S. Monarch St. P27 II. 5 | Page The purpose of the mini-roundabout at the E. Hopkins Avenue & South Monarch Street intersection is to provide a better visual alert for all modes of travel. Currently, the north/south direction does not have a stop sign, so the placement of this roundabout will help with speed control and allow for better flow through the intersection for both vehicles as well as pedestrians and cyclists. This enhanced channelization for drivers will help bring awareness of pedestrians and bicycles in the intersection. Converting Street Right-of-Way to Trails– 4th Street: Staff heard from members of the community that a more formalized path to the Music Tent is desired. The proposed “trail” pictured above will utilize existing street width to accommodate a 6-8-foot-wide pedestrian way. This pedestrian way will run from Main Street to the Music Tent. It is important to note that implementation of this formalized pedestrian way will have impacts to parking. The designation of this pedestrian corridor will require the removal of the parking on the east side of 4th Street and there will be approximately 20 parking spots removed on the west side. Bicycle & Pedestrian Boulevard on Hallam Street or Francis Street: After the September 6th work session, staff was tasked to look at the installation of a Bicycle & Pedestrian Boulevard on either Hallam Street or Francis Street in the West End. Neighborhood. After going through the outreach process, Hallam Street was confirmed as the preferred route. This route will provide a direct connection to the future Hallam Street and Castle Creek Bridge Improvements. After hearing from the community, staff does not recommend that a full bicycle and pedestrian boulevard treatment be installed at this time. Staff recommends that we start with the placement of P28 II. 6 | Page sharrows. Staff will be monitoring and collecting data on Hallam Street over the next year(s) to determine if more formal treatments should be applied. Aesthetics of Bicycle & Pedestrian Boulevard: Current Look of Bicycle & Pedestrian Boulevard: Proposed Improved Look of Bicycle & Pedestrian Boulevards: P29 II. 7 | Page Staff was also tasked will looking to make changes to the current Bicycle & Pedestrian Boulevard on W. Hopkins that can be applied to any future bicycle and pedestrian ways within the City. Currently, staff recommends a trial of a planter in lieu of the bollards. The actual look of the signage will be addressed in the wayfinding project planned for next year. These planters will have reflective tape and simple down facing solar step lights to assist with their definition during nighttime. Top 5 Sidewalk Gaps, Additional Bicycle Racks, Additional Bike Lane Striping: Phase II of the plan will continue to solidify and provide direction for further on-street bicycle infrastructure, to identify the top 5 sidewalk gaps, and to gather additional bicycle rack locations. These ongoing portions of the pan will be utilizing the www.aspencommunityvoice.com website to allow for community voting. Staff anticipates placing three new bicycle racks throughout town during the summer to determine if some of these locations are good fits. Over the course of the coming months, staff also plans to hold at least one public outreach event, setup a booth at the farmer’s market, and provide continual updates to the website to gain feedback from the community during the summer trial treatments. Council should expect a follow-up work session in late fall to further discuss the results of the summer trials, and the ongoing steps of the Phase II Bicycle and Pedestrian Master Plan. FINANCIAL IMPLICATIONS: At this time, there are no financial decisions that need to be made. With Council approval on the above-mentioned discussion items, staff will put together a full scope of work for a paint striping and general construction labor. Staff anticipates that the final pricing for the temporary treatments will be within existing operational budgets, and that those services will be within purchase thresholds not requiring City Council approval. Staff plans to have these items installed in May. Funding Available for Implementation: Bicycle Striping 2017 (000.327.81200.50468) $20,000 Traffic Calming 2017 (000.327.81200.50469) $8,000 Trails Maintenance 2017 (100.572.57310.55120) $12,000 CITY MANAGER COMMENTS: P30 II.