HomeMy WebLinkAbout2020-11-17 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, November 17, 2020
6:00 P.M.
Due to the Town's Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through
Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present
Staff members present
Citizen Participation
Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tern
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
Joyce Cohen requested council consider an ordinance banning pet stores and other types of
puppy mill businesses.
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 8, Series of 2020, Colorado Gives Day
Presenter(s): Dave Chapin, Mayor
Mayor Chapin read Proclamation No. 8, Series of 2020 into the record.
Brooke Skjonsby, Colorado Gives representative, thanked council and reminded everyone how
important it was to donate to the non -profits especially this year with the health crisis.
4. Consent Agenda
4.1. October 6, 2020 Town Council Meeting Minutes
Town Council Meeting Minutes of November 17, 2020 Page 1
Foley made a motion to approve the October 6, 2020 meeting minutes; Langmaid seconded the
motion passed (7-0).
4.2. October 20, 2020 Town Council Meeting Minutes
Foley made a motion to approve the October 20, 2020 meeting minutes; Langmaid seconded
the motion passed (7-0).
5. Town Manager Report
There was no report.
6. Action Items
6.1. Resolution No. 48, Series of 2020, A Resolution of the Vail Town Council
Authorizing the Exercise of the Town's Eminent Domain Authority to Acquire Open
Space Adjacent to Gore Creek
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 48,
Series of 2020
Background: In 2017, 18 years after the Town acquired Tract C, 2 years after the Town adopted
the Stream Tract Protection Ordinance, 1 year after the Town approved the Gore Creek Action
Plan, and without the Town's consent, the property owners in the Eleventh Filing amended the
Protective Covenants to expand the allowed uses in Tract C to allow for private encroachments
and the maintenance of non-native vegetation. In order to preserve Tract C as natural open
space that is devoid of any privately- owned improvements or non-native vegetation, as
originally intended, the Town now seeks to remove the Protective Covenants from Tract C and
acquire unencumbered title to Tract C. C.R.S. § 38-1-105 (5) authorizes the Town to condemn
all property interests in Tract C held by other persons
Staff Recommendation: Approve Resolution No. 48, Series of 2020
Mire presented Resolution No. 48, Series of 2020 to the council stating the condemnation would
remove the protective covenants and all interest in the town's property known as Tract C.
Council asked the time frame of the entire process. Joe Rivera, Murray Dahl Berry Renaud LLC,
stated the process takes approximately 9 months, but due to the health crisis it could possibly
take longer.
Foley made a motion to approve Resolution No. 48, Series of 2020; Stockmar seconded the
motion passed (7-0).
6.2. Ordinance No. 17, Series 2020, First Reading, Ordinance adopting a budget and
financial plan and making appropriations to pay the costs, expenses and liabilities of the
Town of Vail, Colorado for its fiscal year January 1, 2021 through December 31, 2021.
Town Council Meeting Minutes of November 17, 2020 Page 2
Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 17, Series
2020.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 17, Series 2020.
Halloran spoke with council regarding Ordinance No. 17, Series of 2020 stating she would be
reviewing the changes made to the 2021 Budget pursuant to council's direction after their
review of the draft budget at their November 3rd meeting.
Total revenues for all funds $71.3M; which was 19% down from 2019 and 7% down from 2020.
The changes to revenue were:
• Year-end forecast of $22.5M in sales tax; down 24% from 2019; 2021 Sales tax
proposed flat with 2020 ($200K increase from prior draft)
Halloran stated this change was due to the revenue over the summer being better than
previously forecasted.
• Property tax — slight increase of 1.3%, or $75K
• Lift tax — Increased to $3.5M to updated to align with sales tax and parking revenue
assumptions (Flat with 2020; 34% down from 2019)
Expenditures for all funds: $99.5M; which was down from 4.2% from the original 2020 budget.
• $30,000 increase for an unexpected update to the 911 Intergraph software
• $400,000 was removed from RETT for Ford Park parking lot reconfiguration
Halloran stated the $400,000 was removed due to council feedback and the organization
looking at a potential new parking system.
General Fund:
• Revenue of $41.1 M was 5.8% down from 2019
• Operating expenditures were budgeted down 10% in every department saving $455K
• Spending on special events / council contributions is down 42%
Halloran stated 2020 forecast was to use $1.3M of reserves as opposed to $7.1 M that was
budgeted at the beginning of the pandemic. This change was due to:
✓ summer revenue being better than expected;
✓ additional expenses saved beyond budget cuts and relief funding.
The 2021 Budget was proposing to use $1.1 M of reserves under crisis recession.
Council thanked staff for making the necessary budget cuts and a shout out to the Vail
businesses that did well this summer during the health crisis.
Smith presented the Personnel Expenditures of $34.1 M. New for the 2021 budget was a 1.75
fulltime equivalent FTE:
✓ Housing planner
✓ Environmental admin
✓ Economic Development admin
Halloran spoke to council concerning Council Contributions:
Town Council Meeting Minutes of November 17, 2020 Page 3
✓ Magic of Lights: Halloran stated Vail Valley Foundation and Betty Ford Alpine Gardens
(BFAG) had an agreement for a donation to be made at the end of the event to BFAG for
use of their premise for the event.
Council questioned if the donation would be the appropriate amount for the use and any
damage to their premise.
Mountain Travel Symposium: Halloran stated due to the health crisis the event was being rolled
to 2022 and the 2021 budget would reflect a contribution of $5000 on the second reading of this
ordinance. Halloran stated the $5000 was for parties in December 2021; and the 2022 budget
would reflect this request at about the same contribution amount of $163,000 for the larger
event.
Council thanked staff for the additional information
Gerald R. Ford Amphitheater summer events: Halloran stated though the request was for $75K
staff was recommending $52.51K. This reduced amount may affect the talent level they bring to
Vail.
Council was comfortable with staff recommendation.
Smith addressed Capital Expenditures of $49.6M
✓ $400K removed from RETT for Ford Park parking lot reconfiguration.
Council discussed Actively Green funding, certification process for businesses and
accountability.
Council questioned the contribution amount for the Front Range Program and if Vail should be
contributing more towards the program. Halloran suggested council talk with the Forest Service
at the December 1 Town Council meeting.
Council requested more information on the need for turn lase at Buffehr Creek Rd. Greg Hall,
Public Works Director, stated the need for the turn lane was based on the service level at peak
levels and safety.
Halloran spoke about the reserve stating the pandemic would cost the town $24M in revenue
over a 5-year period.
Council expressed concern the 2021 budget could see a budget cut mid -winter due to the
pandemic's affect on restaurants and businesses. Halloran stated staff prepared two additional
budget plans: one for if it gets worse and one if it gets better
There was no public comment
Coggin made a motion to approve Ordinance No. 17, Series of 2020; Foley seconded the
motion passed (7-0).
6.3. Ordinance No. 18 Series of 2020 First Reading of Mill Levy Certification
Town Council Meeting Minutes of November 17, 2020 Page 4
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 18, Series
2020.
Background: The town is required by Colorado state law to certify the mill levy by December
15th of each year.
Staff Recommendation: Approve or approve with amendments Ordinance No. 18, Series 2020.
Smith provided a brief review of Ordinance No. 18, Series of 2020 stating the town's base mill
levy as shown in the ordinance was 4.69 mills and the abatement levy was 0.011 mills. Smith
noted abatement resulted when a taxpayer protests an assessed valuation after the normal
protest period and was refunded a portion of the tax already due or paid. The abatement mill
levy allowed the town to recoup the refunded amount. Smith stated the abatement levy of 0.011
mils equates to an additional $0.79 per year for a $1 million home.
There was no public comment.
Coggin made a motion to approve Ordinance No. 18, Series of 2020; Mason seconded the
motion passed (7-0).
6.4. Ordinance No. 19 Series of 2020, An Emergency Ordinance Requiring Face
Coverings in the Town of Vail
Presenter(s): Scott Robson, Town Manager
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 19,
Series of 2020
Background: On March 10, 2020, the Governor of the State of Colorado recognized the COVID-
19 pandemic and declared a state of emergency. On March 13, 2020, the Town Manager
declared a disaster emergency in and for the Town of Vail, Colorado, pursuant to the Colorado
Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), and Section13.5 of the
Town's Home Rule Charter, which declaration was thereafter continued by the Town Council.
On November 3, 2020, Eagle County issued a Standing Public Health Order adopting
Colorado's Statewide Covid-19 Dial Dashboard, requiring all individuals over the age of 2 years
to wear face coverings when entering and inside any place of business, event, or public indoor
environment. On November 4, 2020, the Town Manager enacted an emergency order requiring
face coverings in the Town
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 19, Series
of 2020
Robson reviewed the emergency Ordinance No. 19, Series of 2020 with council stating this
ordinance was created from the emergency order he enacted as the Town Manager on
Town Council Meeting Minutes of November 17, 2020 Page 5
November 411 requiring face coverings in the core of the town villages. Vail police would not
ticket violators but would educate citizens instead.
Council discussed signage for the mask mandate and education
Robson shared the town had placed an order masks that have a cool design created by staff to
provide businesses for their employees and customers as needed.
There was no public comment.
Stockmar made a motion to approve emergency Ordinance No. 19, Series of 2020; Mason
seconded the motion passed (6-1*Bruno opposed)
6.5. Ordinance No. 20, Series of 2020, First Reading, An Ordinance Amending 10 min.
Chapter 4 of Title 5 of the Vail Town Code to Increase the Age to Purchase, Possess,
Consume or Use a Tobacco or Nicotine Product
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 20,
Series of 2020 upon first reading.
Background: In 2020, the Colorado General Assembly enacted House Bill 20-1001, which
increases the age to purchase, possess, consume, or use tobacco or nicotine products from 18
years to 21 years. The Town is required to similarly increase the age to purchase, possess,
consume, or use tobacco or nicotine products in Town.
Staff Recommendation: Approve Ordinance No. 20, Series of 2020 upon first reading.
Mire reviewed Ordinance No. 20, Series of 2020 explaining this ordinance would update the
Town Code to comply with legislation that was passed by the General Assembly.
There was no public comment.
Coggin made a motion to approve Ordinance No. 20, Series of 2020; Mason seconded the
motion passed (7-0).
7. Public Hearings
7.1. Ordinance No. 16, Series of 2020, an Ordinance to amend Section 12-16- 7: Use
Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for
funiculars and other similar conveyances.
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 16, Series of 2020, upon second reading.
Town Council Meeting Minutes of November 17, 2020 Page 6
Background: The proposed amendment will revise the criterion to allow for the use of a funicular
to gain pedestrian access to accessory structures and recreation facilities/structures. Currently
the use criterion restricts the use of funiculars to the access of residential dwellings only.
Staff Recommendation: On October 12, 2020 the Planning and Environmental Commission
(PEC) forwarded a unanimous recommendation, for approval, for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code.
Spence reviewed Ordinance No. 16, Series of 2020 with council stating there were no changes
since the first reading.
There was no public comment.
Council confirmed applicants would still need to go through the Planning and Environmental
Commission.
Coggin made a motion to approve Ordinance No. 16, Series of 2020; Mason seconded the
motion passed (5-2*Foley and Langmaid oppose)
8. Matters from Mayor, Council and Committee Reports (moved from the afternoon
meeting to evening due to time constraints)
Coggin thanked AIPP for their hard work in relocating the Siebert Eaton Memorial and Vail
Resorts helping with the location of the statue in Mountain Plaza. Additionally, he would like
staff to provide an update on the sheep mitigation in East Vail, ski locker zoning and West
Middle Creek parcel rezoning for housing at a future meeting.
Bruno would like to see restaurants be allowed to have food trucks or carts in the villages to
assist establishments with the 25% capacity restrictions due to the health crisis. She too
requested West Middle Creek parcel rezoning on future topic updates.
Foley thanked voters for passing Ballot Issue 2G at the November 3rd General Elections. He
noted the Stronger Together sign in Lionshead was vandalized and needed to be removed or
fixed. Additionally, Foley asked for safety purposes, if public works would mark the turning lane
into the Safeway parking lot because drivers were miss using the lane for passing.
Langmaid did not have anything to report.
Mason thanked town staff frontline employees for all their work on keeping the town beautiful.
Mason noted the public comment from Joyce Cohen and asked for council support to direct staff
into researching into an ordinance banning pet stores and other types of puppy mill businesses.
All council members supported that request.
Stockmar wished everyone a Happy Thanksgiving and staying safe and healthy over the
holidays.
Chapin spoke to the sound levels and the vitality in the villages. He reminded people to treat
people with respect and kindness especially during these stressful times.
Town Council Meeting Minutes of November 17, 2020 Page 7
There being no further business to come before the council, Foley moved to adjourn the
meeting; Stockmar seconded the motion which passed (7-0) and the meeting adjourned at 7:33
p.m.
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Town Council Meeting Minutes of November 17, 2020 Page 8