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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. Attest: Qa nmy wn C Resp Ily �'ubmitted, Da hapin Mayo- ORAV Town Council Meeting Minutes of November 17, 2020 Page 8