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TC Minutes 05-13-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MAY 13, 2003 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney. Inga Causey, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Finance Director Scott Wright, Police Chief Jeff Layman, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Drew Dodd, resident of Avon & President of Sunridge Phase II Homeowners Association, was present to address a number of public safety concerns that exist in his neighborhood of West Beaver Creek Boulevard. Such concerns included amplified sound, drinking, cruising vehicles, peddlers, and trespassing. He expressed his concern that there was not enough public safety personnel presence in that area of Avon and that there were not enough personnel in general to provide the services required with the amount of activity going on in the community. Council asked numerous questions of Dodd and Chief Layman. It was decided that further discussion should take place on the topic at the next work session. Steve Miller, resident of Avon, was present to inform the Council of his new position with Qwest, one that provides customer service for that company in this region. He indicated that if there were any concerns Mike Cacioppo, publisher of Speakout, was present to comment on the fact that some of the problems facing the both phases of Sunridge have been continues problems for many years. He suggested that the properties consider employing full-time on-site managers. Adam Swensen, Store Manager of the new Home Depot, addressed the Council with regard to the opening of the store on Wednesday, May 14, 2003. He invited everyone to come to the opening the following evening. Ordinances At this time, Councilor Sipes informed the Council that he would step down from the discussion and any action on this topic due to a conflict of interest. Community Development Director Ruth Borne presented Ordinance No. 03-07 on second reading. She explained that the applicant, EXWMT, LLC, a subsidiary of the Traer Creek, LLC and the developers for the Village at Avon, submitted a PUD amendment for the purpose of creating fagade improvements for three (3) new tenants and to expand the existing Wal-Mart store (Tract 131) by 12,000 square feet. The additional square footage requested arises as a result of discrepancies that exist between the existing Chapel Square PUD and other related documents. The additional square footage and adequate parking was contemplated in the original approval for Chapel Square PUD. She noted that P&Z Commission unanimously approved the PUD amendment. There was some concern from both parties over the 90-day time requirement to obtain a certificate of occupancy on the improvements. Councilor P. Buckley affirmed that the sales tax generated by the new square footage would become revenues collected by Traer Creek Metro District. Councilor McDevitt asked who the new tenants would be leasing the space. Shane Bohart, Village (at Avon) developer, responded that there was still nothing confirmed about the tenants for the building. He also noted that P&Z Commission made several suggestions to improve the fagade of the building that they have incorporated into their plan. The public hearing was opened, no comments were made and the hearing was closed. Councilor D. Buckley moved to approve Ordinance No. 03-07 on second reading, Series of 2003, an Ordinance approving a PUD Amendment to the Chapel Square PUD for Lots 22, 22A, Tracts A, B1 & B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and it passed unanimously (Sipes abstained). Councilor Sipes joined the podium at this time. Town Engineer Norm Wood presented Ordinance No. 03-08, Series of 2003 on first reading, an Ordinance Approving the Second Amendment to the Annexation and Development Agreement for The Village (at Avon). He noted that the first amendment to the Annexation & Development Agreement was approved on November 13, 2001. The Second Amendment changes the Highway 6 Exaction requirement and replaces it with a Highway 6 Trail Exaction requirement. He explained the details of both exactions and noted that the trail exaction was for the design and construction costs for sections of a proposed pedestrian trail system along Highway 6. This exaction is a result of public concerns expressed by Eagle-Vail residents through their Metro District Board and the County Commissioners. Councilor Sipes stepped down from taking any action from this vote. Councilor Brown moved to approve Ordinance No. 03-08, Series of 2003 on first reading, an Ordinance Approving the Second Amendment to the Annexation and Development Agreement for The Village (at Avon). Councilor D. Buckley moved to second the motion, a roll call vote was take and the motion passed unanimously (Sipes abstained). Finance Director Scott Wright presented Ordinance No. 03-09, Series of 2003, An Ordinance Amending Ordinance No. 83-20, Series of 1983, Granting a Franchise to Public Service Company of Colorado on first reading. The ordinance extends for one year the Town's gas franchise agreement with Xcel Energy (formerly Public Service Co.). Some discussion occurred regarding length of agreement, etc. He noted that the current agreement expires May 24th and an extension would provide staff and Xcel an opportunity to thoroughly review the provisions within the current agreement prior to negotiating the new agreement. Councilor P. Buckley asked about the fee collected from the gas company. Scott noted that the fee was not currently collected with Xcel Energy, and he has already raised the question with the company. Council asked that the question be pursued. Councilor McDevitt moved to approve Ordinance No. 03- 09, Series of 2003, An Ordinance Amending Ordinance No. 83-20, Series of 1983, Granting a Franchise to Public Service Company of Colorado. Councilor Sipes seconded the motion, a roll call vote was taken, and the motion passed unanimously. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley moved to approve the consent agenda. Councilor McDevitt seconded the motion and it passed unanimously. a. Approval of the April 22, 2003 Regular Council Meeting Minutes b. "Bill of Sale"- Disc Golf Court Equipment Regular Council Meeting Page 2 of 3 May 13, 2003 There being no further business to come before the Council, the meeting adjourned at 6:30 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 3 of 3 May 13, 2003 RESPECTFULLY SUBMITTED: