HomeMy WebLinkAbout2020-12-01 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 1, 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: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tern
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There was none.
2. Any action as a result of executive session
There was no action as a result of executive session.
3. Proclamations
3.1. Proclamation No. 9, Series of 2020, Recognizing Vail Interfaith Chapel as a
Historic and Cultural Center in the Town of Vail
Presenter(s): Katie Campbell, Vail Religious Foundation
Mayor Chapin read Proclamation No. 9, Series of 2020 into the record.
Tim Wilbanks, Pastor of the Covenant Presbyterian Church and President of the Vail Religious
Foundation, thanked council and the Town of Vail for the partnership in serving the community.
Bruno made a motion to approve Proclamation No. 9, Series of 2020; Coggin seconded the
motion passed (7-0).
Town Council Meeting Minutes of December 1, 2020 Page 1
3.2. Proclamation No. 10, Series of 2019, A Proclamation Declaring December 11, 2020
as "WhoVail Day"
Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences
Vail; Jonathan Reap, Director of Public Relations and Communications Four Seasons Resort
and Residences Vail; and the Grinch
Mayor Chapin read Proclamation No. 9, Series of 2020 into the record.
Scott Gubrud, Four Seasons Resort and Residence of Vail Director of Marketing, read a
passage from Dr. Seuss's How the Grinch Stole Christmas
Meredith Macfarlane, General Manager Four Seasons Resort and Residence of Vail, thanked
council for declaring December 111h as WhoVail Day. Macfarlane shared that it would be the
Four Seasons loth anniversary of operating in Vail.
The Grinch also made an appearance.
Bruno made a motion to approve Proclamation No. 10, Series of 2020; Coggin seconded the
motion passed (7-0).
4. Appointments for Boards and Commissions
4.1. Appoint four members to Commission on Special Events
Presenter(s): Dave Chapin, Mayor
Langmaid made a motion to appoint Alison Wadey, Marco Valenti, Nicholas Conover and
Douglas Smith to serve a two-year term on the Commission on Special Events; Foley seconded
the motion passed (7-0).
5. Consent Agenda
5.1. Resolution No. 49, Series of 2020, 2021 Intergovernmental Agreement for Housing
Related Service with Eagle County
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 49,
Series of 2020
Background: The Eagle County Housing and Development Authority (the "ECHDA' ') and the
Town entered into an agreement dated the 31 st day of May 2016, for certain Services. The
Original Agreement contemplated that the ECHDA would perform certain Services for the Town
with compensation in an amount equal to $11,700 plus 2% of the deed restricted sales that the
ECHDA completes. ECHDA and Town desire to modify the scope of Services and
compensation for 2021
Langmaid made a motion to approve Resolution No. 4, Series of 2020; Foley seconded the
motion passed (7-0).
Town Council Meeting Minutes of December 1, 2020 Page 2
5.2. Resolution No. 50, Series of 2020, A Resolution Approving an Operating Plan and
Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2021 Through
December 31, 2021.
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 50,
Series of 2020.
Background: See attached memo.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 50, Series
of 2020.
Coggin made a motion to approve Resolution No. 50, Series of 2020; Foley seconded the
motion passed (7-0).
5.3. Funding Contract with Mountain Commercial Advisors (Management Company for
Concert Hall Plaza) for Tenting Program
Background: Approval of a funding agreement in the amount of $75,000 to support the
construction of winter enclosures on the 4 restaurants of Concert Hall Plaza to provide
additional capacity due to COVID-19 restrictions. The four restaurants located in Concert Hall
Plaza are Moe's Original BBQ, Steak Shan GO, The Little Diner and Alpen Dogs.
Staff Recommendation: Authorize the Town Manager to enter into an agreement on a form
approved by the Town Attorney with Hughes Land Holding Trust in the amount of $75,000.
Coggin made a motion to authorize the Town Manager to enter into an agreement with Hughes
Land Holding Trust in an amount not to exceed $75,000; Bruno seconded the motion passed (7-
0).
6. Town Manager Report
Robson congratulated the community for its leadership in climate action efforts upon being
given an A -list rating, one of only 88 cities in the world to receive the designation from an
industry group. Robson reviewed the current health crisis starting with the executive order he
signed on November 23, 2020 limiting private gatherings to a single household stating the
message was we wanted to avoid being placed in Red category by the state. The town had
been very busy since the mountain had opened and compliance with Vail's mask mandate was
very high. Police would respond to complaints. Transit operations continued to be a challenge
due to varying guidance communicated by the state. Capacity had been reduced by 50% on the
buses. Extra buses are in use on busy routes. Masks are mandated on the bus and at bus
stops. Robson stated there was significant support for a 5 Star Program to be implemented in
Eagle County. The 5 Star Program was initiated in Mesa County and it allowed for higher
occupancy for restaurants and other businesses based on safety protocols. Robson noted
Bruno had been coordinating the town's efforts and had involved leadership from Avon, Eagle
and Gypsum. Robson shared there had been some discussion about the possibility of bringing
in food trucks to help provide additional services for guests.
Town Council Meeting Minutes of December 1, 2020 Page 3
Mason clarified the town would seek Vail -based restaurants as it explored the possibility of food
trucks.
7. Action Items
7.1. Ordinance No. 21, Series of 2020 Budget Supplemental No. 5, an ordinance
making budget adjustments to the Town of Vail General Fund, Capital Projects Fund,
Real Estate Transfer Tax Fund, Housing Fund, and Dispatch Services Fund of the 2020
Budget for the Town of Vail.
Presenter(s): Carlie Smith, Financial Services Manager
Action Requested of Council: Approve, or approve with amendments Ordinance No. 21, Series
2020.
Background: Please see attached memorandum.
Staff Recommendation: Approve or approve with amendments Ordinance No. 21, Series 2020.
Smith reviewed Ordinance No. 21 Series of 2020 with council stating across all funds the
supplemental request adjusted the budget to reflect $9,623,170 of additional revenue and
proposed an increase of $2,434,424 to expenditures.
General Fund Budgeted revenue would be adjusted by an increase of $5.7M.
✓ $3.8M of the $5.7M increase would be allocated to the General Fund
✓ $1.8M of the increase would be allocated to the Capital Projects Fund.
Capital Project Fund would be adjusted by a total of $2,254,000.
✓ $1,824,000 of additional sales tax collections
✓ $120,000 of additional use tax collections
✓ $250,000 increase from the Vail Reinvestment Authority to reimburse the Capital
Projects Funds for parking structure capital maintenance at the Lionshead Parking
structure.
Housing Fund would be increased by $76,053 to reflect Employee Housing Fee in Lieu
collections during 2020.
Real Estate Transfer Tax Fund would be increased by a total of $2,352,064.
✓ $2,350,000 was year to date RETT collections
✓ $2,064 to recognize donations from First Bank used for Sole Power prizes
Dispatch Service Fund would be increased by $14,182 to be offset by corresponding
expenditures.
✓ A state reimbursement of $9,334 for dispatch deployments to the Pine Gulch and
East Troublesome fires.
✓ $4,848 from the General Fund to cover the Dispatch's portion of the 2020 vacation
buyback program
There was no public comment.
Council had no questions or comments.
Town Council Meeting Minutes of December 1, 2020 Page 4
Coggin made a motion to approve Ordinance No. 21, Series of 2020; Stockmar seconded the
motion passed (7-0).
7.2. Ordinance No. 22, Series of 2020, First Reading, An Ordinance Repealing and
Reenacting Chapter 2 of Title 6 of the Vail Town Code Regarding Procedures for
Disposing on Unclaimed Property in the Town
Presenter(s): Craig Bettis, Vail Police Commander
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22,
Series of 2020 upon first reading
Background: Ordinance No. 22, Series of 2020 would update the Vail Town Code to reflect the
recent updates to Unclaimed Property Act, C.R.S. §§ 38-13-101, et seq. (the "Act").
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 22, Series
of 2020 upon first reading
Mire asked council to not take any action on Ordinance No. 22, Series of 2020 at this time.
7.3. Ordinance 23, Series of 2020, An Emergency Ordinance Regarding Private
Gatherings and Indoor Dining at Restaurants and Bars in the Town of Vail
Presenter(s): Scott Robson, Town Manager
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 23,
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 Section 13.5 of the
Town's Home Rule Charter, which declaration was thereafter continued by the Town Council. on
November 17, 2020, the Colorado Department of Public Health and Environment ("CDPHE")
mandated that all counties in Colorado follow the restrictions outlined in First Amended Public
Health Order 20-36, which includes the application of the COVID-19 Dial. Eagle County is
currently at Level Orange on the COVID-19 Dial, but without additional action, could move to
Level Red. On November 24, 2020, the Town Manager enacted an emergency order regarding
private gatherings and indoor dining at restaurants and bars in the town.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 23, Series
of 2020
Robson reviewed Ordinance No. 23, Series of 2020 stating the ordinance would extend the
executive order Robson signed prior to Thanksgiving in hopes to detour large gatherings.
Robson noted the Vail Police dept. did not receive any complaints during the executive order.
The executive order would expire on December 8 and this ordinance would extend the
executive order for a longer period of time if council desired to do so.
Town Council Meeting Minutes of December 1, 2020 Page 5
Council reviewed possible sunset dates for the proposed ordinance reminding each other of the
purpose for limiting gathering sizes to one household was to raise awareness and to help bring
the number of local infections down.
There was no public comment.
Coggin made a motion to approve Ordinance No. 23, Series of 2020 with the amendment of a
sunset date of December 15, 2020; Stockmar seconded the motion passed (7-0).
8. Public Hearings
8.1. Second Reading of Ordinance No. 17, Series 2020, an 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.
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 reviewed Ordinance No. 17, Series of 2020 with the council I stating the Total
Revenues for all Funds was $70.6M; which was down 19% from 2019 and down 6% from 2020
forecast. Total expenditures for all Funds was $99.5M, but this total included the Public Works
Shops project. The total expenditures across all Funds without that project was $82.3M; which
was down 4.2% from 2020 original budget.
Changes since the first reading on November 17th were as follows:
General Fund:
• Reduced Mountain Travel Symposium from $163K to $5K due to event moving to 2022
• Carryover unused relief funds to 2021 ($500K Commercial and $130K Community)
Capital Projects Fund:
• Remove Donovan Pavilion improvements; shifting those dollars forward to 2020 so work
could begin
Dispatch Service Fund:
• E911 Board funded phone system upgrade
Halloran provide a high-level review of the Fund statements.
✓ General Fund Balance $33.8M Capital Projects Fund Balance: $16.6M
✓ RETT Fund Balance: $8.9M Marketing Fund Balance: $358K
✓ Heavy Equip. Fund Balance: $1.8M Dispatch Fund Balance: $1.3M
✓ Health Insurance Fund Balance: $3.7M Timber Ridge Fund Balance: $700K
There was no public comment.
Town Council Meeting Minutes of December 1, 2020 Page 6
Council had some questions concerning the Buffehr Creek turn lane listed under the capital
projects and agreed to remove that project out of the budget at this time.
Coggin made a motion to approve Ordinance No. 17, Series of 2020 with the amendment of
removing the $100,000 for the Buffehr Creek turn lane capital project from the 2021 budget;
Foley seconded the motion passed (7-0).
8.2. Second reading of Ordinance No. 18 Series of 2020, An Ordinance Providing for
the Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the
2020 Tax Year and Payable in the 2021 Fiscal Year.
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 reviewed Ordinance No. 18, series of 2020 with council stating the ordinance had been
updated to reflect revised assessed valuations from the county. The valuations decreased by
0.48% from earlier estimates, or approximately $27,143 impact to the previous valuation. The
property tax authorized by the ordinance would generate $5,688,151 in revenue in 2021,
representing approximately 8% of the town's total revenue.
There was no public comment.
Council had no comments or questions
Coggin made a motion to approve Ordinance No. 18, Series of 2020; Foley seconded the
motion passed (7-0).
8.3. Ordinance No. 20, Series of 2020, Second Reading, An Ordinance Amending
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 second 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.
Town Council Meeting Minutes of December 1, 2020 Page 7
Mire stated there were no changes to Ordinance No. 20, Series of 2020 since first reading.
There was no public comment.
Council had no comments or questions.
Coggin made a motion to approve Ordinance No. 20, Series of 2020; Mason seconded the
motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Langmaid seconded the motion which passed (7-0) and the meeting adjourned at 7:31
p.m.
Attest:
Tammy wn C rk
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Town Council Meeting Minutes of December 1, 2020 Page 8