VAIL TOWN COUNCIL REGULAR MEETING

Evening Agenda

Virtual

6:00 PM, December 1, 2020

Meeting to be held Virtually (access High Five Access Media livestream https://www.highfivemedia.org/live-five the day of the meeting and visit https://www.vailgov.com/town-council to participate in public comment)

Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item.

Public comment will be taken on each agenda item.

Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.

1.Citizen Participation (10 min.)
2.Any 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 10 min.
Presenter(s): Katie Campbell, Vail Religious Foundation
3.2.Proclamation No. 10, Series of 2019, A Proclamation Declaring December 1, 2020 as "WhoVail Day"10 min.
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
4.Appointments for Boards and Commissions
4.1.Appoint four members to Commission on Special Events5 min.
Presenter(s): Dave Chapin, Mayor
5.Consent Agenda (5 min.)
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 31st 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
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.
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.
6.Town Manager Report
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.20 min.
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.
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 10 min.
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
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  10 min.
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 
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, 2021.20 min.
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.
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.5 min.
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.
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 Product5 min.
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. 
Staff Recommendation: Approve Ordinance No. 20, Series of 2020 upon second reading. 
9.Adjournment
9.1.Adjournment at 7:40 pm (estimate)


Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org.

 

Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711.