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HomeMy WebLinkAbout2023-11-21 TC Meeting MinutesTown Council Meeting Minutes of November 21, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, November 21, 2023 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Kevin Foley Jen Mason Pete Seibert Barry Davis Jonathan Staufer Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Citizen Participation Matt Solomon, Castle Lodge No. 122 gave an update on the annual down valley toy store tradition and asked for a donation to the cause. Taylor Guardarian, Eagle County resident, proposed the Council look into Hydrino Energy Cycle as a more efficient direct energy production. Tom Vucich, Vail resident, thanked outgoing council members for their service and the entire council for the civility of their proceedings. Kate Cocchiarella, Vail resident, thanked the outgoing council members for their hard work and dedication to keeping Vail the mountain paradise it was known for. Dave Chapin, Vail resident, thanked the community for their support during the recent election, thanked the outgoing council members for their conviction and for standing by their principles, and thanked George Ruther, for his service as the Town of Vail Housing Director. Chapin also explained while the speed bumps in the parking garages were done in the best interest of safety, he felt the communication around their installation could’ve been better. 2. Any action as a result of executive session There was none. 3. Proclamation Town Council Meeting Minutes of November 21, 2023 Page 2 3.1 Proclamation No. 13, Series of 2023, "Colorado Gives Day" Presenter(s): John Weiss, Small Champions Inc. Background: Colorado Gives Foundation and FirstBank have partnered in an effort to increase charitable giving in our community through the online giving initiative "Colorado Gives Day." In 2022, Colorado Gives Day raised $53 million statewide in a single 24-hour period via online donations, with over $1.5 million to Eagle County nonprofits via 4,000 individual donations at eaglecountycoloradogives.org. This website allows donors to direct their contributions to one or more of the over 50 local Eagle County charities featured on the site, making it an ideal resource for facilitating charitable giving to our locally-based nonprofits.. Council members took turns reading Proclamation into the record. 4. Consent Agenda 4.1 October 3, 2023 TC Meeting Minutes Davis made a motion to approve, Foley seconded motion passed (7-0). 4.2 October 17, 2023 TC Meeting Minutes Davis made a motion to approve; Mason seconded motion passed (7-0). 4.3 Resolution No. 46, Series of 2023, A Resolution Approving a Highway Maintenance Agreement Between the Town of Vail and the Colorado Department of Transportation ("CDOT") Approve, approve with amendments, or deny Resolution No. 46, Series of 2023. Background: The Town of Vail provides snow removal services for the Vail Frontage Roads as well as minor street maintenance. CDOT reimburses the town per an agreed-to value. This agreement was changed from a 5-year agreement to an annual agreement in 2021. The value of the agreement was increased for the coming year, the total value of the agreement is not to exceed $155,000.00. Mason made a motion to approve, Foley seconded motion passed (7-0). 4.4 Resolution No. 47, Series of 2023, A Resolution Approving An Intergovernmental Agreement Between the Town of Vail and Eagle County for Animal Control Services; And Setting Forth Details in Regard Thereto Approve, approve with amendments, or deny Resolution No. 46, Series of 2023. Background: This is an annual Intergovernmental Agreement the Town of Vail and Eagle County enter to provide Animal Control Services within the town limits. Town Council Meeting Minutes of November 21, 2023 Page 3 Coggin made a motion to approve, Davis seconded motion passed (6-1 Foley opposed). Foley didn’t understand why the Town of Vail had to pay extra for services if the Town was located in Eagle County. 5. Town Manager Report 5.1Town Manager Report Forrest informed Council there would be a drilling rig at Ford Park for geothermal testing. 5.2 Council Matters and Status Report 6. Action Items 6.1 Resolution No. 45, Series of 2023, A Resolution of the Vail Town Council Approving the Update to the Vail Land Use Plan Associated with the Rezoning of Lot G, Vail Village, Filing No. 2 Presenter(s): Jonathan Spence, Planning Consultant and Greg Roy, Planning Manager The Planning and Environmental Commission recommends the Town Council approve Resolution No. 45, Series of 2023, to change the designation of 17 Vail Road, Vail Village Filing No. 2, Lot G, also known as B.S. Condominiums, from Medium Density Residential to Transition Area. Background: The applicant, the Town of Vail, is requesting approval of a Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of 17 Vail Road, Vail Village Filing No. 2, Lot G also known as B.S. Condominiums, from Medium Density Residential to Transition Area. Spence explained the current designation of the First Bank parcel was Medium Density Residential, which was incompatible with the long-standing commercial use of the property. Spence stated staff looked at other land use classifications and the classification that was most appropriate was Transitional and this classification was unanimously recommended by the Planning and Environmental Commission. Coggin asked if the purpose of the change was for redevelopment. Spence explained the change would bring the current uses compatible but would lay the groundwork for possible redevelopment. Davis asked if the CC1 Zoning reinforces the assumption the property would always be a bank. Spence explained CC1 Zoning had a lot of restrictions, particularly on height, but would be a more appropriate discussion during the rezoning ordinance later in the agenda. Town Council Meeting Minutes of November 21, 2023 Page 4 Coggin clarified changing the Land Use Plan did not change zoning, it would be a two-step process. Mason asked what other properties were designated as Transitional. Spence answered Mayor’s Park and properties along the north side of West Meadow Drive in between the hospital and Four Seasons Hotel, (Skaal House). Public Comment was called. There was none. Davis made a motion to approve, Coggin seconded; motion passed (7-0). 6.2 Ordinance No. 27, Series of 2023, First Reading, An Ordinance Providing for the Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2023 Tax Year and Payable in the 2024 Fiscal Year. Presenter(s): Carlie Smith, Finance Director Approve, approve with amendments, or deny Ordinance No. 27, Series of 2023, upon first reading. Background: Please see attached memo. Smith explained the ordinance would authorize the collection of property taxes in 2024 based on 2023 assessed valuations of property within the town’s boundaries and Eagle County was responsible for assessing values and for collecting property taxes on the Town’s behalf. Smith stated the Town’s base Mill Levy was 4.69 mills but was proposed to be increased to 4.957 (an increase of 0.267) for the 2023 taxable year with collections in 2024 to offset the impacts of Senate Bill 22-238. Smith explained the Governor held a special session about property taxes since the bill that was put forward on the ballot did not pass and there would be updates to the second reading on impacts of the session on the December 5, 2023, Town Council meeting. Public comment was called. Coggin made a motion to approve; Staufer seconded motion passed (7-0). 7. Public Hearings 7.1 Ordinance No. 26, Series of 2023, First Reading, An Ordinance Rezoning Lot G, Vail Village Filing No. 2 from Public Accommodation (PA) to Commercial Core 1 (CC1) Presenter(s): Jonathan Spence, Planning Consultant and Greg Roy, Planning Manager The Planning and Environmental Commission recommends approval of Ordinance No. 27, Series of 2023, upon first reading, rezoning 17 Vail Road, Vail Village Filing No. 2, Lot G, aka Town Council Meeting Minutes of November 21, 2023 Page 5 B.S. Condominiums, from the Public Accommodation (PA) District to the Commercial Core 1 (CC1) District. Background: The applicant is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 17 Vail Road, Vail Village Filing No. 2, Lot G, aka B.S. Condominiums, from the Public Accommodation (PA) District to the Commercial Core 1 (CC1) District. The rezoning is proposed to bring the existing nonconforming property into alignment with the Town Code and plan for possible redevelopment. Spence explained the proposed code change to CC1 addresses the nonconforming residential use resulting from the PA designation applied in 1973 and the proper description of the bank as Bank and Financial Institution and the Commercial Core 1 (CC1) District was chosen as the most appropriate based on the subject property location within the Urban Design Guide Plan area, adjacency to Vail Road, neighborhood context, lot size, existing and potential uses and long-standing development attributes. Jim Telling, East West Partners, explained East West Partners had been working with First Bank on potentially redeveloping the property, but when the project was brought to the staff at the Town, it was determined the current zone designation wouldn’t allow for a redevelopment of the bank. Telling stated after discussions with staff, it was determined although there was no perfect zoning fit for the type of use in the Town Code, CC1 would be the most appropriate. Telling started to go through his presentation on possible redevelopment of the property. Mire remined Council this was a Zoning Hearing, and if the property was rezoned, the existing non-conforming uses would be conforming and appreciated the applicant wanted to give an idea of possible redevelopment but wanted Council to focus on the Zoning application. Telling opted to not continue with his presentation. Russell asked Spence to remind Council and the community of the criteria and findings for a rezoning application. Spence stated the proposed amendment was consistent with applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan, that the amendment would further the general and specific purposes of the zoning regulations and the amendment promoted the health, safety, morals and general welfare of the Town. Mason asked why the application was for CC1 and not CC2 and what were the differences between the two zones. Spence explained CC2 was for a specific subset of Vail Village, (buildings across from Solaris Plaza) and the reason CC1 was chosen was because of the Urban Design Guide Plans relationship to the surrounding properties and the Urban Design Guide Plan area extended over to the First Bank site. Town Council Meeting Minutes of November 21, 2023 Page 6 Roy explained the PEC discussed using a Commercial Service Center Zoning instead of CC1 but wasn’t as well as a fit as the CC1 Zoning in reference to the Urban Design Guidelines that are in the Vail Village. Roy went on to explain CC1 was subject to the Urban Design Guidelines that was specific to the Village Core, which speaks to what the design aspects of the Village Core were, including balconies, height, steeper pitches, less transparencies and more like the old-world nature that the core village area had. Davis asked if the parking spaces in front of First Bank were private. Telling stated the parking spaces were public and owned by the Town. Seibert asked if there was any allowance for the bank or any other commercial under the current PA Zoning. Spence explained the bank and financial institution use was neither a permitted or conditional use in the PA Zoning District and the PA Zone District was specifically designed for lodges and related type commercial, if the property was to be redeveloped under the current zoning, the inclusion of a bank would not be possible. Seibert summarized to keep the bank they would have to rezone, but if the Town wanted to eventually end up with a building that fit with the current zoning, they would keep the zone district the same as it was currently. Telling stated First Bank wanted to keep a bank in the current location, as it was on of their iconic locations. Mire added to Seibert’s statement that the rezoning would fix a non-conformity, which was one of the Council’s goals to eliminate existing nonconformities when there was an opportunity. Staufer asked when it was appropriate for Council to address some of the public concerns brought up about redevelopment. Mire explained if there was an application put in for redevelopment, it would go to the PEC and the application could be called up or appealed to the Town Council. Staufer asked what Council’s involvement would be with cross-easements on the driveway. Mire explained if there were easements, that would be handled in a development review application depending on what was applied for. Langmaid asked if anyone knew what the property was originally zoned as PA. Mire stated more than likely it was because everything around the property was zoned PA. Town Council Meeting Minutes of November 21, 2023 Page 7 Davis stated if Council wanted to clean up the inconformity, the proposed amendment would be the way to do it. Mire confirmed even if there wasn’t an application for rezoning, the proposed amendment would take care of the non-conformity issue. Telling addressed Staufer’s comments about redevelopment and explained it was their intention to work with their neighbors on redevelopment designs before bringing a formal application to the PEC. Public comment was called. Peggy Fuller, Villa Cortina, expressed concerns with the rezoning of the First Bank property and stated she would prefer a Special Development District process. Mason asked if there were other zoning options rather than the CC1. Roy explained staff could only process what the applicant applied for. Forrest added if the application could use an SDD. Roy explained SDDs couldn’t vary uses, so an underlying zone district that allowed the use would need to be in place prior to an SDD application. Matthew Wyatt, Vail Interfaith Chapel, questioned whether CCI was the best rezoning option for the First Bank parcel. Davis asked about “spot zoning” and stated no matter what zoning was decided, it wouldn’t fit with the rest of the surrounding districts. Mire explained spot zoning was a legal term and was one of the criteria the Planning and Environmental Commission had to define and could talk about it further with Council after the meeting. Roy further explained spot zoning was more of a technical term when property was non- compliant with the comprehensive plan of the Town, which was one of the criteria that was reviewed to see how the zoning fit with Town goals, adopted plans, master plans of the Town and the purposes of the zoning ordinance. Roy stated the PEC found the application was not spot zoning. Forrest asked for more information on why the CC1 Zone District was consistent with the rest of the village. Roy explained Vail Village was predominantly CC1 Zone District and First Bank was in the transition area between Lionshead and Vail Village, First Bank could be considered the entrance into Vail Village and the rest of the CC1 Zoning. Town Council Meeting Minutes of November 21, 2023 Page 8 Langmaid asked what kind of remodeling First Bank could do with it’s current zoning classification. Roy stated they could remodel the inside, but they would not be able to increase the non- conforming use, which meant they would not be able to expand at all. Spence added the residential uses were also non-conforming. Coggin stated Council was dealing with the question at hand, which was cleaning up zoning for an existing use. Davis made a motion to approve based on the findings and staff criteria in the staff memorandum dated November 21, 2023; Coggin seconded motion passed (4-3 Foley, Mason, Staufer opposed). 7.2 Ordinance No. 22, Series of 2023, Second Reading, an Ordinance to Designate the Zoning of the Proposed Addition to Lot 1, Timber Ridge Subdivision from Undesignated to Housing (H) District Presenter(s): Greg Roy, Planning Manager The Planning and Environmental Commission voted to recommend approval of Ordinance No. 22, Series of 2023 upon second reading. Background: This application proposes to zone the former CDOT right-of-way being incorporated into Timber Ridge Subdivision Lot 1 as Housing. The area in question does not currently have a zoning designation as zoning is not applied to right-of-way. As this property is proposed to be incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a consistent zoning designation is needed. Roy explained the only change since the first reading was the effective date, which was moved back from January 1, 2024, to March 1, 2024, to make sure the lot was sold and recorded prior to the zoning taking place. Public comment was called. There was none. Staufer made a motion to approve; Coggin seconded motion passed (7-0). 7.3 Ordinance No. 24, Series of 2023, Second Reading, Annual Appropriation 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, 2024 through December 31, 2024 Presenter(s): Alex Jakubiec, Budget Analyst and STR Manager Approve, approve with amendments, or deny Ordinance No. 24, Series of 2023 upon second reading. Town Council Meeting Minutes of November 21, 2023 Page 9 Background: Please see attached memo. Jakubiec explained the changes that were made since first reading, which included: Expenditures Health Insurance Fund: The Health Insurance Fund reflects a decrease in expenditures of $717K offset by a corresponding decrease of $400K in employee contributions. Refined expenditures with transition to new insurance provider One- year savings reflected due to single 12-month stop loss coverage instead of 24- month coverage • Residences at Main Vail Fund: Reflects reimbursement of utilities billed back to residents separate from utility expenditures previously combined. This is in accordance with governmental budget basis accounting • Real Estate Transfer Tax Fund: The 20-year payback of the $5.6M transferred from the General Fund to support the acquisition of the Booth Heights Parcel has been reflected. Council also expressed a desire to accelerate this payback dependent on revenue results each year, budget priorities and annual maintenance costs while also maintaining a minimum fund balance of $2.0M. Annually, during the first supplemental of the year when prior year end results are presented, staff will present Council with an additional or increased payback option. Coggin asked for four hands to donate $2,000.00 for the annual down valley toy store tradition. Langmaid asked for a quick recap of the request from the Vail Valley foundation for the Gerald R. Ford Amphitheater. Jakubiec responded the Gerald R. Ford Amphitheater requested $1M to reimburse for their solar installation and noted the project cost $1.5M and the amphitheater indicated this would be the first of five requests to support the capital renovations at the Gerald R. Ford Amphitheater that totaled $20M. Jakubiec explained during first reading, Council asked for staff to come back early in the first quarter of 2024 to revisit the request.