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TC Minutes 04-26-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD APRIL 26, 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 6 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 Charter's requirements as related to "roll call votes", noting that action of the council in the form of ordinances, resolutions, and motions all required a roll call vote. Several items noted by Council were added to the agenda including the following: ✓ Wells Fargo Bank Final Design of the drive-up bank (it was noted that the question would just be called at this time, and review of the application would be set for another meeting). ✓ Review Avon's wildlife ordinance, in light of some proposed changes ✓ Staff updates that were postponed at the work session ✓ Design Workshop Proposal approval ✓ Executive Session after the regular meeting that is required to complete business that was not completed at the earlier executive session Councilor Sipes moved to approve the above changes to the agenda; Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Disclosure of Potential of Conflict of Interest Town Attorney John Dunn asked if there had been any ex parte communication related to the Western Sage application on the agenda. Councilor McDevitt noted that he had recused himself at an earlier stage in the application's consideration, but did not see a need at this time. Citizen Input Julia Moff, representative from the Christie Lodge addressed the Council with regard to a Sponsorship request for the Town to participate in the 2005 Christel House Open at the Cotton Ranch Golf Club for an international charity event. In light of the current financial condition of the Town and because there was not a direct community benefit to Avon residents, Council did not choose to support this event. Resolutions Assistant Town Manager Jacquie Halburnt presented Resolution No. 05-13, Series of 2005, Resolution Establishing a Historic Preservation Advisory Committee and Outlining Criteria to Designate Historical Landmarks within the Town of Avon, Eagle County Colorado and a discussion on the proposal for establishing Advisory Committee and criteria related to Avon's historic landmarks. After some discussion, it was agreed that the resolution should just address forming the commission and identifying the mission. Council also wanted to allow for both registered electors and property owners to serve on the committee. The new commission would then outline additional guidelines. Mayor Pro Tern Underwood moved to table Resolution No. 05-13; Councilor Buckley seconded the motion and it passed unanimously with a roll call vote. Finance Director Scott Wright presented Resolution No. 05-17, Series of 2005, Resolution to amend the 2005 Budget, addressing an amendment to the General Fund for the cost related to Gore Range Natural Science School and an amendment to Equipment Replacement Fund for costs related to boiler replacements at the Recreation Center. He noted that $230K has already been reserved for the replacement of the boilers. Some discussion ensued about details of the life of boilers & warranties, and the existing reserve accounts already in place to handle long- term replacement or repair items. It was also noted that the Town would fund one third of the first year of the implementation of the Gore Range Natural Science School enrichment program at Avon Elementary School in the amount of $10K. Councilor Ferraro moved to approve Resolution No. 05-17, Series of 2005, Resolution to amend the 2005 Budget; Councilor Buckley seconded the motion and it passed unanimously with a roll call vote. Jeff Schneider, Assistant Town Engineer, presented Resolution No. 05-18, Series of 2005, Resolution approving the Final Plat, Lot 22-AB, A Resubdivision of Lots 22A and 22B, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. He noted that Greg Gastineau, as agent for Chapel Square, LLC, submitted an application for final plat approval for the Resubdivision of Lots 22A and 22B, Chapel Square Subdivision. The purpose of the Resubdivision is to remove the common lot line between Lots 22A and 22B to create a single lot to allow the addition of a bank drive-up facility to Building C. It was noted that the proposed subdivision qualifies as a minor subdivision and is in accordance with the Subdivision Regulations of the Town of Avon. Councilor Buckley moved to approve Resolution No. 05-18, Series of 2005, Resolution approving the Final Plat, Lot 22-AB, A Resubdivision of Lots 22A and 22B, Chapel Square Subdivision, Town of Avon, Eagle County, Colorado. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. Kevin Dieghen, owner of Timberline Management and manager of the commercial properties for Chapel Square, asked about whether or not the WestStar Bank application would be reviewed at this meeting. Mayor Wolfe noted that consideration of the `call-up of the question' would be considered later in the evening and that staff would notify the applicant of the date that would happen. Jeff Schneider, Assistant Town Engineer, presented Resolution No. 05-19, Series of 2005, Resolution approving Subdivision Plat and Subdivision Improvements Agreement for Western Sage Development, a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. He reviewed the application materials that included the Plat and SIA. The submittal also included construction plans for public improvements required to serve the proposed subdivision and a cost proposal for construction of the improvements. Councilor McDevitt asked if the undeveloped areas would remain intact. Applicant Jay Peterson reviewed the construction plans with regard to the question, noting that appropriate fencing would be utilized to maintain this area as undisturbed, and anything that would be disturbed would be re- vegetated after all the utilities have been put in. Mayor Pro Tern Underwood made several comments pertaining to the warranty period, the engineering certification, and some suggestions to the declarations, i.e. authority on the snow storage and design issues. Peterson indicated that they just wanted to set some criteria for the five lots. It was noted that there is no common ownership, everything is individually owned. Discussion ensued about whether or not there was something that outlined what maintenance is required by the property owners; staff noted that this is not something typically required by the town. Mayor Pro Tern Underwood moved to approve Resolution No. 05-19, Series of 2005, Resolution approving Subdivision Plat and Subdivision Improvements Agreement for Western Sage Development, a Resubdivision of Lots 54, 55, 89 and 90, Block 4, Wildridge, Town of Avon, Eagle County, Colorado with some recommended changes to Sections 6, 7, and 12 in the Western Sage Subdivision Improvements Agreement. Town Attorney John Dunn suggested some language that would address the concern that the Town needs to know the work has been completed. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Regular Council Meeting Page 2 of 5 April 26, 2005 Community Development Director Tambi Katieb presented Resolution No. 05-20, Series of 2005, Resolution approving and accepting the Subdivider Improvements installed and constructed in accordance with the Subdivision Improvements Agreement for the Village (at Avon) Filing 1 and authorizing release of all Retainage for Subdivider portion of the Public Improvements. He noted that the Subdivider Improvements generally consist of the shallow utilities, natural gas, electric, telephone and cable tv, identified in Exhibit B with associated costs in Exhibit D. Upon completion, responsibility for these facilities was transferred to the corresponding utility company. He explained that Town records indicate an Escrow Account Balance of $93,389.93 in accordance with Escrow Agreement (Exhibit C) between Traer Creek LLC, the Town of Avon and Stewart Title of Vail and as amended by the First Amendment to Escrow Agreement (Exhibit D) dated 12/9/03. The SIA provides that upon completion of all work related to Subdivider's Improvements and the Town's acceptance of Subdivider's Improvements, the entire amount of remaining collateral shall be released. Resolution No. 05- 20 approves and accepts the Subdivider's Improvements as being satisfactorily complete and authorizes release of all remaining collateral. He noted that Traer Creek LLC has submitted letters from Holy Cross Energy, Excel Energy, Comcast and Qwest approving the construction and installation of each of the applicable facilities and an engineer's opinion of project conformity dated 1/9/04 verifies satisfactory completion fo the shallow utilities with the exception of overhead utilities at Post Blvd. And an engineer's opinion of project conformity was subsequently submitted 4/12/05 to verify satisfactory completion of the shallow utilities in conformity with the contract plans and specifications. Discussion ensued about the engineer's certificates of approval and the payment due Buffalo Ridge Affordable Housing Corporation ("BRACH") by Traer Creek Metro District and whether or not the approval of the release of funds would only occur if that money were paid to what is owed BRACH. At this time Town Attorney Mayor Pro Tem Underwood moved to table Resolution No. 05-20, Series of 2005, Resolution approving and accepting the Subdivider Improvements installed and constructed in accordance with the Subdivision Improvements Agreement for the Village (at Avon) Filing 1 and authorizing release of all Retainage for Subdivider portion of the Public Improvements and with a request to the Town Attorney to evaluate whether or not the release of funds could be directed to BRAHC by Traer Creek. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Ordinances 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. He briefly reviewed some of the revisions made since the last meeting. Some discussion ensued about variance definitions in the different code sections. Councilor Sipes expressed continued concern about the setback language asking that it be revised further to be more restrictive at second reading. Councilor Ferraro moved to approve 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 with changes to Section 17.28.085 (2) include "provides long-term economic, cultural or social community benefits..." and Section 17.08.480 to provide for more restrictive below grade setback provisions. Councilor Sipes seconded the Regular Council Meeting Page 3 of 5 April 26, 2005 motion and it passed unanimously with a roll call vote. Second reading and public hearing were set for the next meeting on May 10tH Town Attorney John Dunn presented on First Reading Ordinance No. 05-05, Series of 2005, Ordinance Amending Title 16, Municipal Code of the Town of Avon, Relating to Approval of Subdivisions of Land and Granting of Variances in Association Therewith. He explained that this ordinance will remove deadlines on council approval of preliminary plans and variances, revise timelines to allow staff more times for review and incorporate into the subdivision regulations conformance with the Town's Comprehensive plan and other, similar documents including The Village (at Avon) PUD. There was some discussion about what to include as criteria for "good planning practices" and whether or not to include that criteria in the preliminary plan vs. sketch plan review stages. Mayor Pro Tern Underwood moved to approve Ordinance No. 05-05, Series of 2005, Ordinance Amending Title 16, Municipal Code of the Town of Avon, Relating to Approval of Subdivisions of Land and Granting of Variances in Association Therewith and with changes to Sections #2 removing policies & goals from Comprehensive Plan, #4 adding "compatibility with surrounding land uses, and #8 revising submittal timeframe (of the ordinance). Councilor Ferraro seconded the motion and it passed with a five to one vote (Buckley nay). 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. Councilor Sipes reviewed the changes to the ordinance and some discussion ensued about the idea of the "need to balance" representation on the Commission as well as the inclusion of more specific professional titles. Some housekeeping grammatical corrections were noted as well. Councilor Sipes moved to approve Ordinance No. 05-06 Ordinance amending Chapter 2.16, Municipal Code of the Town of Avon, relating to qualifications of members of the Planning and Zoning Commission with the changes discussed. Councilor Ferraro seconded and the motion passed with a four to three vote (Buckley, McDevitt and Phillips nay). Second reading and public heari ng was set for May 10th. Other Business Councilor Sipes moved to call up the Planning & Zoning decision made on the commercial design for the Wells Fargo Bank to be heard by the Town Council at their next meeting. He did not support their decision noting that the Commission did not apply existing design criteria to the application. Councilor Buckley seconded the motion and it passed unanimously with a roll call vote. This matter would be before the Town Council on May 10, 2005. Mayor Wolfe raised an issued related to the Town's language in its wildlife ordinance that was passed last year. It was brought to his attention with a recent letter he received from his trash vendor Waste Management. Council agreed and asked that the Town attorney return with some language in an amendment to the ordinance that would address their concerns related to requirements for trash containers that are curbside or not and violations related to this ordinance. It was noted that at the Council work session earlier today there was some discussion related to the Town Center West and Main Street Public Improvements and the selection of a design consultant for this project. At this time Councilor Buckley moved to approve the selection of the firm Design Workshop to serve as the Town's consultant for the Town Center West & Main Street Public Improvements project. Mayor Pro Tern Underwood seconded the motion and it passed unanimously with a roll call vote. A contract would be presented at the next meeting. Regular Council Meeting Page 4 of 5 April 26, 2005 Unfinished Business Several updates were provided on the following topics: the Gates project which appears to be on schedule, and the signage & lighting at the pedestrian crosswalks. Discussion ensued about the need to review an overall plan for lighting on Avon Road. Council agreed that the conduit should be completed at this time. Staff was asked to review the crosswalk at Avon Elementary School as well. Mayor Wolfe provided an update on the ECO Board retreat focusing on the financial status of the transit program. 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 April 12, 2005 Regular Council Meeting Councilor Ferraro left the room at this time. Mayor Pro Tem Underwood moved to convene into Executive Session (8:40 pm) to confer with the Town Attorney about a pending matter that was discussed at the earlier executive session. The motion was seconded by Councilor Sipes & approved unanimously with a roll call vote. This topic meets the requirements of' C.R.S 24-6- 402(4)(e), determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. A motion was made to convene to the regular meeting, seconded by Councilor Sipes and passed unanimously. The executive session adjourned at 8:55 PM. 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 April26, 2005 R SEC F L~Y SUBMITTED: Pattc enny, Tt Clerk Page 5 of 5