VAIL TOWN COUNCIL REGULAR MEETING

Evening Agenda

Virtual

6:00 PM, November 17, 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. 8, Series of 2020, Colorado Gives Day5 min.
Presenter(s): Dave Chapin, Mayor
4.Consent Agenda (5 min.)
4.1.October 6, 2020 Town Council Meeting Minutes
4.2.October 20, 2020 Town Council Meeting Minutes
5.Town Manager Report (10 min.)
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 Creek10 min.
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
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, 2021.30 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.
6.3.Ordinance No. 18 Series of 2020 First Reading of Mill Levy Certification5 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.
6.4.Ordinance No. 19 Series of 2020, An Emergency Ordinance Requiring Face Coverings in the Town of Vail15 min
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 Section 13.5 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
6.5.Ordinance No. 20, Series of 2020,  First 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 Product10 min.
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. 
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.10 min.
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.
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.
8.Adjournment
8.1.Adjournment 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.