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TC Minutes 10-14-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD OCTOBER 14, 2003 A regular meeting of the Town of Avon, Colorado was held at 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 Mayor Pro Tem Mac McDevitt and Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe present. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Finance Director Scott Wright, Police Chief Jeff Layman, Community Development Director Ruth Borne, as well as members of the press and public. Resolutions Town Manager Larry Brooks presented Resolution No. 03-40, Series of 2003, A Resolution Approving Issuance by, EagleBend Dowd Affordable Housing Corporation of Multifamily Housing Project Refunding Revenue Bonds, Series of 2003, in an Aggregate Principal Amount Not to Exceed $9,800,000; and Authorizing Incidental Action. He summarized the premise of the Refinancing of the Refunding Revenue Bonds. He noted that Calvin Hanson, Sherman & Howard, bond counsel for the Town on these type of transactions has reviewed the necessary documents. Both Jack Gardner, with Hogan & Hartson, and Gerry Flynn, President of EagleBend Dowd Affordable Housing Corporation, were present to answer questions from the Council. It was noted that the final copy of the Resolution was distributed to Council that evening. Calvin Hansen presented some additional details on the transaction. Councilor Wolfe moved to approve Resolution No. 03-40, Series of 2003, A Resolution Approving Issuance by EagleBend Dowd Affordable Housing Corporation of Multifamily Housing Project Refunding Revenue Bonds, Series of 2003, in an Aggregate Principal Amount Not to Exceed $9,800,000; and Authorizing Incidental Action. Mayor Pro Tern McDevitt seconded the motion and it passed unanimously. Citizen Input Resident & local business owner Jonathan Levine addressed the Town Council with regard to his concern about public safety actions in the community. After some comments by Council some brief discussion, a number of people (residents including Charlie Moore, Larry Pardee, Jim Dorsey, Mike Durker,) spoke up in support of the Police Chief and his department. Resident Kathleen Walsh and resident & P&Z Chairman Chris Evans addressed the Council with regard to some perceived communication problems that took place between citizens & the P&Z Commission at their last meeting. Council discussed some ideas on better ways to communicate with the public. Agreements / Ordinances The Town Council considered on second reading Ordinance No. 03-10, an Ordinance approving the Formal PUD Amendment No. 1 to the Village (at Avon) PUD Development Plan and PUD Guide, Town of Avon; Eagle County, Colorado. Councilor Sipes stepped down at this time noting a conflict of interest on the project. Community Development Director Ruth Borne presented the Ordinance and application once again. She highlighted some of the changes that had been made to the application in recent weeks and noted that at this time there is not a Memo of Understanding between the developer, the Town and Eagle County School District addressing the school site location. The following people from the School District were present: Barb Shierkolk, President, Karen Strakbein, Asst. Superintendent Business Services, Tom Braun, Planner for the County, and John Brendza, Superintendent. Tom Braun addressed the Council about the process that has been taking place over the past week or so and explained in detail some of what the district is looking for in a site, some of the topics included the following: ✓ Access ✓ Size of site ✓ Topography ✓ Neighborhood Context ✓ Timing of when site would be available ✓ Infrastructure ✓ What would the site be used for / the Purpose of the buildings (elementary school site?) A letter was submitted by Eagle County School District RE 50J for the record that outlines the status of its position with regard to the school site location. Based on this information presented by the District parties, staff recommended tabling the Ordinance once again in order to provide more time to resolve the site location challenges. Shane Bohart, representing developer Traer Creek, LLC, was present to ask the Council to table the Ordinance again in hopes that a memo of understanding would be executed between those involved. He excused himself from the meeting at that time noting that he would be made aware of all public comments made that night. Mayor Reynolds opened the public hearing. He noted that the Town Council had received numerous letters on this topic, all of which were on file in the Clerk's office. The following people were heard regarding this project (people included mostly residents and some business owners): Charlie Moore, Eagle River Fire & Protection District, Lyn Morgan, Eagle County Health Service District, Chris Eckrum, Fred Gessner, Manager Comfort Inn, Kristi Ferraro, Jim Dorsey, Steve Coyer, Amy Philllips, Susan Reickert, Walter Dandy, Clarke Anderson, Carol Kruger, Tamera Underwood, Mary Isom, Richard Rogul, Bruce Drum, Paul Hields, Craig Ferraro, Andy Weissner, Kathleen Walsh, Dick Beret, Bob Taylor, Michael Caccioppo, Art Meiers, Richard Carnes, Arn Menconi, and Larry Pardee. In summary, the comments heard from the public were focused on encouraging the Council to deny the project. Some of the concerns that were voiced included: ✓ Dedicated site size for the ERFPD & the Eagle County Health Services District ✓ Request for moratorium until master plan is completed ✓ Not a need for another hotel ✓ Concerns about transportation with the amendment ✓ The community does not support the Amendment ✓ Sales tax monies are lost with this amendment ✓ Too much piecemeal growth, need a Comprehensive Plan ✓ Question the reduction of open space ✓ Concern over School site location & access to it ✓ Reimbursement of costs for Municipal Services to Village at Avon ✓ Where is the community benefit? Mayor Reynolds closed the public hearing. The Mayor and Town Council members gave their comments. In summary, the Council submitted that enough process has been given the to the application and that it was time to make a decision. There was consensus from the members that the proposal does not have a benefit to the Avon community. Wolfe moved to prepare the Regular Council Meeting Page 2 of 4 October 14, 2003 appropriate documentation to deny the PUD Amendment application. Councilor D. Buckley seconded the motion and all members agreed. Town Attorney John Dunn was directed to draft the action required to deny the application. It was recommended that while that action was being drafted, the Town Council consider the next agenda items. Resolutions Town Engineer Norm Wood presented Resolution No. 03-39, Series of 2003, A Resolution approving Subdivision Sketch Plan for the Village (At Avon) Filing 3, A Resubdivision of Portions of Sections 7, 8, and 9, Township 5 South, Range 81 West of the 6t' Principal Meridian, Town of Avon, Eagle County, Colorado. He noted that the application for the Subdivision Sketch Plan was submitted in conjunction with the formal PUD Amendment to the Village (at Avon) Development Plan & PUD Guide to Planning Areas G, M, N, Q, RMF-1, RMF-4, OS-5 and OS- 13. Staff requested that the Resolution be amended to be consistent with the denial of the PUD Amendment, noting the details of the language and the section of the Resolution that was to be amended. Mayor Pro Tern McDevitt moved to approve Resolution No. 03-39, Series of 2003, with the revision so noted by Town Engineer Norm Woods. Councilor D. Buckley seconded the motion and it passed unanimously. New Business Police Chief Jeff Layman presented an intergovernmental agreement addressing the Eagle County Inter-Jurisdictional Emergency Operations Plan. He presented the basis of the agreement under 24-32-2107 (CRS) and that the plan is implemented to protect their citizens. He explained that the documents are flexible and are meant to guide emergency officials in managing and coordinating the overall preparedness, response and recovery activities before, during and after everyday emergency incidents & disaster events that affect the citizens. The plan acknowledges current procedures and executing the agreement fulfills the Statute. Councilor D. Buckley moved to approve the IGA - Eagle County Inter-Jurisdictional Emergency Operations Plan. Councilor Wolfe seconded the motion and it passed unanimously. A brief recess was taken. The meeting reconvened at 8:30 PM. Ordinances - continued Town Attorney John Dunn presented Resolution No. 03-41, Series of 2003, a Resolution Denying Formal PUD Amendment No. 1 to the Village (at Avon) PUD Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado, reading the Resolution in full. Councilor Wolfe moved to approved Resolution No. 03-41, Series of 2003, a Resolution Denying Formal PUD Amendment No. 1 to the Village (at Avon) PUD Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado. Mayor Pro Tern McDevitt seconded the motion and it passed unanimously. Councilor Wolfe strongly recommended that the update of the master plan be completed as soon as possible. Town Manager Report Assistant Town Manager Jacquie Halburnt presented an update to a local ski swap happening over the weekend. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley moved to approve the consent agenda. Councilor Brown seconded the motion and it passed unanimously (Councilor P. Buckley abstained due to a conflict of interest). a. Approval of the September 23, 2003 Regular Council Meeting Minutes b. Renewal Service Agreement with Vail Associates, Inc. Regular Council Meeting Page 3 of 4 October 14, 2003 There being no further business to come before the Council, the meeting adjourned at 8:45 PM. R CT LY SUBMITTED: Patty enn , T n Jerk APPROVED: Mir_hnal Rrnwn Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 4 of 4 October 14, 2003