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TC Minutes 04-12-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD APRIL 12, 2005 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works / Transit Director Bob Reed, and Community Development Director Tambi Katieb as well as members of the press and public. Approval of Agenda Mayor Wolfe commented on the new format of the agenda. He then requested that the following agenda items be moved: ✓ Staff updates from the work session to be included under Unfinished Business ✓ Proposed Open space letter to Congressman Udall to Unfinished Business ✓ Proclamation to Citizen Input Councilor Sipes moved to approve the agenda; Councilor Buckley seconded the motion and it passed unanimously. Disclosure of Potential of Conflict of Interest Since the application from the Village (at Avon) had been withdrawn, there was no need to address the disclosure of potential conflict of interest. Citizen Input Councilor Buckley moved to approve the Proclamation for "Teacher Appreciation Week for May 2005. Councilor, Ferraro seconded the motion and it passed unanimously. At this time, representatives from Avon Elementary School made a presentation on general information about the elementary school, its focus on English as a second language program, and other programs offered at the school. The Gore Range Natural Science School Executive Director, Markian Feduschak, then presented information on a pilot program the science school would like to introduce into Avon Elementary. The Science School presented its programming efforts, the proposal for the new program model, and its future plans for growing the school. The Executive Director explained that in order for the new program to be implemented, they are seeking funds. He noted that a Mountain Star Family as donated funds over the next three years to implement this program. He then asked if the Town of Avon would be interested in participating in the funding of this effort, in the amount of $10K. After some further discussion, Council asked that a budget resolution be drafted for the next meeting; Mayor Wolfe indicated that Council would consider and discuss the proposal further at that time. Mayor Wolfe read the Proclamation for Teacher Appreciation Week at this time. Resolutions Town Engineer Norm Wood presented information on Resolution No. 05-11, Series of 2005, Resolution approving Subdivision Variance and Preliminary Plan for the Village (at Avon), Filing 4, Town of Avon, Eagle County, Colorado. He noted that consideration of this Resolution and the public hearing was tabled at the last meeting and noted that since then the applicant has withdrawn the application. Town Manager Larry Brooks asked that the discussion about the Whitewater Park be heard prior to a vote on Resolutions No. 05-15 and 05-16 since those amendments relate to the project. Scott Wright presented Resolution No. 05-14, Series of 2005, Resolution to amend the 2005 Town of Avon Budget, an Amendment to the General Fund Budget related to the Metcalf Road contingency monies and the new spin bike program. He noted that the bikes would be purchased rather than leased due to constraints in the lease-purchase program with the bank. Councilor McDevitt did not support the $20K contingency for the Metcalf Road improvements and asked that it be removed; other council members concurred with him. Councilor McDevitt moved to adopt Resolution No. 05-15, to amend the 2005 Town of Avon Budget, without the inclusion of the $20K contingency funding. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Town Engineer Norm Wood presented three proposals received in response to the request for qualifications and proposals for conceptual design for a Whitewater Park Project in Avon. After staff review, it was suggested that the Town accept and approve the proposal from Hydraulic Design Group ("HDG") for the base services and the base survey map for a total fee of $6300. It was noted that Beaver Creek Resort Company and East West Partners are contributing $2500 in funds along with Avon's $2500 contribution. Wood also explained that a second expenditure included in Resolution No. 05-15 was one related to the re-roofing of the Municipal Building. This cost was taken out of the General Fund Maintenance budget, but not included in the CIP Fund during the 2005 budgeting cycle. Discussion ensued about the RICD process and when to contract with water attorneys to submit the waterpark application. It was noted that in order to file an application some preliminary information would be needed and hopefully obtained during the initial stages of HDG's work. Further discussion on the RICD application would be held with the town's attorney and other interested parties in the near future. Mayor Pro Tern Underwood moved to approve Resolution No. 05-15, Series of 2005, Resolution to amend the 2005 Town of Avon Budget, which included amendments for whitewater park design (for design services from HDG) and municipal building roof expenditures in the Capital Improvements Fund Budget. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Resident Titas Blackwood addressed the Council with regard to the Whitewater Park, expressing her concerns about noise and where the public would access the park. As indicated earlier, this initial work with HDG will indicate some of the answers to these preliminary questions. Town Engineer Norm Wood presented information pertaining to the 2005 street improvements. He highlighted the two bids received (Elam Construction and B&B) and the improvements to be made. He noted that in researching the automatic pedestrian light system for the Avon Road crosswalks, it has been determined that this upgrade (as proposed at an earlier meeting) is not cost efficient or effective due to some of the initial expense and then maintenance costs. He suggested removing that project from the improvements list. If Council supported that recommendation, then a change order would be included with the award of the contract that would reduce the amount of the total contract to below the amount that was budgeted in 2005. It was noted that the conduit would still be laid to accommodate whatever upgrades would be agreed upon. Councilor Sipes moved to deny Resolution No. 05-16, Series of 2005, Resolution to amend the 2005 Town of Avon Budget that would have increased the 2005 Street Improvements funding in the Capital Improvements Fund Budget. Councilor Buckley seconded the motion and it was passed unanimously with a roll call vote. Mayor Pro Tern Underwood asked that time be dedicated to discuss other lighting options as soon as possible. Councilor Sipes moved to award the construction contract to Elam Construction including an approval for Change Order No. 1 and removal of the automatic pedestrian light system from the estimate. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Regular Council Meeting Page 2 of 5 April 12, 2005 Ordinances Town Attorney John Dunn presented on second reading Ordinance No. 05-01, Series of 2005, An Ordinance Amending Chapter 5.08 Municipal Code of the Town of Avon, as it relates to the Modification of Licensed Premises and Undue Concentration Licenses. He noted that this legislation addresses requirements for modification of premises for retail liquor store licenses and regulations to consider related to undue concentration; the first item was included per the request of Council at the last public hearing for a new retail liquor store license. Adopting this Ordinance would require applicants who have submitted "modification of premises" applications to provide for evidence that the needs of the neighborhood have been met at a public hearing. He explained that after reviewing the Statutes regarding "undue concentration", which he noted as being very unclear, the new legislation would require a review of the current licenses to that issued in the either Eagle County or even just the east end of the valley. Councilor McDevitt was not in support of including "undue concentration" in the Town's ordinance - especially the point addressing the ratio issue;'he preferred to delete the entire section. After some discussion about the Town's definition of neighborhood and what that is compared to (per the definition of "undue concentration"), it was agreed that the paragraph in Section, 2 includes "population of neighborhood" instead of just "neighborhood". Town Attorney John Dunn preferred to include the section on undue concentration seeing that it is the most relevant. Further discussion ensued on what to include that would better define the population as it describes Avon and revising the fee for the modification of premises. Councilor Ferraro moved to approve Ordinance No. 05-01, Series of 2005, An Ordinance Amending Chapter 5.08 Municipal Code of the Town of Avon, as it relates to the Modification of Licensed Premises and Undue Concentration Licenses, with a change in the language in Section 2 c (1) to include "population of neighborhood" and to include the fee amount of $150 for a modification of premises. Councilor Phillips seconded the motion and it passed with a five to one vote (Buckley nay). It was then realized that the public hearing still needed to be opened. Town Attorney John Dunn asked Mayor Wolfe to ask if there were any comments from the public; there were no comments made. Town Attorney John Dunn presented on second reading Ordinance No. 05-02, Series of 2005, An Ordinance Amending Section 16.40.130, Municipal Code of the Town of Avon, Relating to Street Names. He noted that this was an amendment to the Code that further clarifies the criteria to consider when naming of streets for Avon. The current subdivision regulations include language that stipulates Council approves street names. He reviewed the changes made from first reading as suggested by Council. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Sipes moved to approve Ordinance. No. 05-02, Series of 2005, An Ordinance Amending Section 16.40.130, Municipal Code of the Town of Avon, Relating to Street Names. Councilor Buckley seconded the motion and it passed unanimously with a roll call vote. After a brief discussion about changing existing street names, Council asked staff to research the topic for a future discussion at a work session. Community Development Director Tambi Katieb presented on First Reading Ordinance No. 05- 03, Series of 2005, Ordinance Amending Title 17, Municipal Code of the Town Of Avon, as it relates to Public Benefit Criteria for all Zoning Applications, and providing for the Reorganization, Repeal and Amendment of Supplemental Zoning Regulations. He noted that this legislation was a result of several discussions at staff level about outdated, obsolete or unclear zoning regulations, mostly just housekeeping issues. He pointed out that one particular proposed amendment was the addition of "public benefit" criterion for zoning applications, which was largely a discussion with both Planning and Zoning Commission and Town Council over several complex zoning application deliberations over the last several years. He noted that the Community Development subcommittee was supportive of these amendments as well. Council made comments on several issues as follows: Regular Council Meeting Page 3 of 5 April 12, 2005 ✓ The use of "public benefit" as criteria in the code and where this criterion should be located. ✓ The use of the term "accessory uses vs. accessory building, and the restriction it might create. ✓ The definition of "lot setback" and the allowance of the distance of the encroachments. AtAhis time, Council asked staff to proceed with making some changes and bring back the ordinance for another review at first reading. Councilor Sipes moved to table Ordinance No. 05- 03 until the next meeting with the direction to incorporate some of the discussion that has been held; Mayor Pro Tern Underwood seconded the motion and it passed unanimously with a roll call vote. Senior Planner Eric Heidemann presented on First Reading Ordinance No. 05-04, An Ordinance Adopting the Updated Zoning Map. He reviewed the types of parcels depicted on the zoning map and noted that the map should reflect all ordinances, resolutions, rezoning and annexations that changed the zoning of property with the Town since 2001 as well as a few technical corrections. Several questions/comments were made related to certain parcels and the description & clarification made on open space for the Town vs. PUDs. Staff commented that it is the department's goal to try to improve upon how the maps look, try to separate some of what is on the current map. Currently the Town relies on Eagle County for its data, which is not always accurate. Mayor Pro Tern Underwood moved to table Ordinance No. 05-04 until the next meeting and asked staff to incorporate some of the changes discussed. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. It was noted that staff may need more time to update the map and the ordinance would be brought at the appropriate time. Town Attorney John Dunn presented on First Reading Ordinance No. 05-06, Series of 2005, an Ordinance amending Chapter 2.16, Municipal Code of the Town of Avon, relating to qualifications of members of the Planning and Zoning Commission. Dunn outlined the amendments to the code explaining the intent of each. Comments were made to include in the ordinance the following, 1) Include that person must be a registered Eagle County Elector, 2) Be more specific with regards to the professional qualifications. Discussion ensued over, the balance that should be achieved on the Commission with the selection of industry professionals vs. residents. Council asked Councilor Sipes and the Town Attorney continue working on the language. Councilor Ferraro moved to table Ordinance No. 05-06. Mayor Pro Tern Underwood seconded and the motion passed with a five to one vote (Buckley nay). Councilor McDevitt indicated that he was not concerned about whether or not the members on the Commission were industry professionals. Other Business Town Engineer Norm Wood presented a brief update on the Village at Avon sewer trunk main construction, noting that the work is scheduled to commence on April 15th and be completed by June 15th with a great deal of the work to be done at night. Digging will only happen in the area of Burger King. Signage will be placed around town regarding the project. Community Development Director Tambi Katieb presented an update on the proposals received for the Main Street public improvements. He noted that the Town had received three proposals and the Community Development Subcommittee would be reviewing them in the near future and return with a recommendation to council. Finance Director Scott Wright presented an update to the research conducted on the Comcast PEG Fee. He noted that it appears that the $.50 in 2005 and $.65 in prior years has in fact Regular council Meeting Page 4 of 5 April 12, 2005 been passed through to Avon subscribers as PEG fees. Comcast has received these monies and forwarded it to Channel 5. Several questions remain such as "is the charge in fact a PEG fee per the 1996 franchise" and "can the Council raise additional revenue for capital contributions through the PEG fee if it is already being charged to subscribers". Councilor Buckley noted that Channel 5 has been receiving the monies from Comcast. Wright noted that the Town should be collecting the money and Channel 5 should be tracking the expenditures as capital costs and reporting that back to the Town. Further discussion ensued about the fee amount and length of time the fees have been collected. Staff hopes to continue working with Comcast to ensure the all parties adhere to the terms of the franchise agreement. Mayor Pro Tern Underwood and Council members requested that Comcast present a historical accounting of the fees collected and paid. Mayor Wolfe asked for Council support on a draft letter written on behalf of the Council to Congressman Udall regarding the proposed legislation affecting forest service property in Eagle County. The Meadow Mountain parcel is included as "for sale property" in the legislation. Most of the members preferred that letters on this topic should be written on an individual basis. Unfinished Business Public Works Director Bob Reed presented the Audio / Video Proposal which was a review of the costs associated with the upgrades proposed to the Council Chambers audio / visual system. He noted that the status of the power to the building in maxed out at this time and would impact any proposed lighting changes. He reviewed some of the changes to the room. Discussion ensued about the process used in selecting some of the vendors. Councilor Buckley moved to proceed with the lighting design proposal; Councilor Sipes seconded and the motion passed unanimously. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Sipes moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from March 22, 2005 Regular Council Meeting b. Balas Townhouse Association, Reimbursement Request Nottingham Road Improvements - Easement Acquisitions There being no further business to come before the Council, the meeting adjourned at 9 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting April 12, 2005 RE T?MS BMITTED: 4.t L Pa "c enny, Town Page 5 of 5