Loading...
TC Minutes 05-10-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MAY 10, 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, Amy Phillips, Brian Sipes and Tamra Underwood. Mac McDevitt was absent. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Asst. Town Manager Jacquie Halbumt, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, and Community Development Director Tambi Katieb as well as members of the press and public. Approval of Agenda The Battle Mountain Scholarship Awards was added to New Business. Councilor Buckley moved to approve the above change to the agenda; Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. Disclosure of Potential of Conflict of Interest The Council would not hear any matters that were considered quasi judicial in nature and therefore no disclosures were made. Citizen Input Michelle Courtney, Avon Business Association, presented an update on "happenings" related to the ABA organization with regard to membership, survey results, and quarterly newsletter information. It Was recommended that Design Workshop be introduced to the Avon Business Association in light of the consultant's future work with the Town. Resolutions Assistant Town Manager Jacquie Halburnt presented Resolution No. 05-13, -Series of 2005, Resolution Establishing a Historic Preservation Committee with some revisions made as outlined by Council at the last meeting. Some of the criteria included in this resolution addressed landmark designations and incentives, the mission of the committee, the consideration of members who are property owners, and the consideration of structures outside the Town of Avon. The committee would be responsible for drafting more specific details about process & criteria. Some comments were made and the following revisions were agreed upon: ✓ Form the Committee in the "Now Therefore it be Resolved" section, "We therefore establish the Avon Historic Preservation Advisory Committee, etc", ✓ Title should read: Resolution Establishing a Historic Preservation Advisory Committee for the Purpose of Promoting Historical Preservation for the Town of Avon, Eagle County, Colorado, ✓ 2"d Whereas include "enhance the Town's welfare and economy", ✓ 7th Whereas include at the end of the sentence "and such other purposes as the Avon Town Council shall determine", ✓ 8th Whereas include at the end of the sentence "and make other such recommendations as requested by the Council", ✓ Last sentence of the resolution should state "Avon is proud of its history and will preserve its heritage", Mayor Pro Tern Underwood moved to approve Resolution No. 05-13; Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote (McDevitt absent). Staff was asked to advertise for the positions immediately. Town Engineer Norm Wood 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 this resolution was tabled at the 4/26/05 meeting. He noted that Traer Creek LLC requested release of retainage and has submitted all required documentation for approval and acceptance of the Subdivider Improvements required by the Subdivision Improvements Agreement for the Village (at Avon) Filing 1. The improvements generally consist of the shallow utilities, natural gas, electric, telephone and cable TV. Upon completion, it was noted that responsibility for these facilities was transferred to the corresponding utility company. It was then noted that the Escrow Account Balance was $93,389.83 and that in accordance with the Escrow Agreement the entire amount of the remaining collateral should be released upon completion of all work related to Subdivider's Improvements and the Town acceptance of such improvements. Resolution No. 05-20 approves and accepts the improvements as being satisfactorily complete and authorizes release of all remaining collateral. Discussion ensued on the language in the engineer's opinion; Alpine Engineering commented on the fact that this language is standard to this type of Engineer's Opinion and is worded as such due to liability issues. It was noted that the Town Engineer has approved this work in conjunction with many other developer contracted engineer's certifications. Both Councilor Ferraro and Mayor Pro Tern Underwood were not satisfied with this certification; further discussion took place on the types of -agreement in place. Town Attorney John Dunn addressed Council's question that was asked at the last meeting about the escrow funds and whether or not the Town could withhold the funds to make payment to Buffalo Ridge Affordable Housing Corporation ("BRAHC") for outstanding payment due them by TCMD. Dunn noted that this topic was addressed in a confidential memo that was provided council earlier in the week and it stated that this would not be justified for numerous reasons. At this time, Councilor Buckley moved to approve 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. Councilor Sipes seconded the motion and it passed with a four to one roll call vote (Underwood nay; McDevitt absent). Town Engineer Norm Wood presented Resolution No. 05-21, Series of 2005, A Resolution Approving A Modification of Appendix A and Article II - Definitions in the 2005 Rules and Regulations for Water & Sewer Service for the Town of Avon Eagle County, Colorado. Wood noted that the Upper Eagle Regional Water Authority (UERWA) requested that the Town and each of the Member Districts adopt the change in the 2005 Rules & Regulations (Appendix A and Associated Definitions) as approved by the Board of Directors as of January 1, 2005. This resolution addresses that request and assists in making modifications to some housekeeping items with minimum overall impact. Mayor Pro Tern Underwood moved to approve Resolution No. 05-21, Series of 2005, A Resolution Approving A Modification of Appendix A and Article II - Definitions in the 2005 Rules and Regulations for Water & Sewer Service for the Town of Avon Eagle County, Colorado. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote (McDevitt absent). Town Engineer Norm Wood presented Resolution No. 05-22, Series of 2005, A Resolution Approving Supplemental Water Lease Between the Town of Avon and Upper Eagle Regional Water Authority For the Provision of Water Service for the Town of Avon, Eagle County, Colorado. He noted that this is the long awaited supplemental water lease that was presented to the Board of Directors of the UERWA at their April meeting. The Authority indicated that the terms of the supplemental water lease will be acceptable to them. He further explained that the water lease was developed following extensive water consumption and potential development Regular Council Meeting Page 2 of 6 May 10, 2005 studies and analysis within the Town. The drafting of the lease involved numerous and lengthy negotiation sessions with UERWA staff and consultants and staff believes that this lease was developed in response to these studies, analysis and negotiations represents a fair and equitable lease agreement between the Town and the Authority. It was stated in the memo that this lease allows for the development within the town consistent with the water rights leased to the Authority and provides the Authority with adequate water rights to serve anticipated development within the Town. Councilor Buckley moved to approve Resolution No. 05-22, Series of 2005, A Resolution Approving Supplemental Water Lease Between the Town of Avon and Upper Eagle Regional Water Authority For the Provision of Water Service for the Town of Avon. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote (McDevitt absent). Ordinances Community Development Director Tambi Katieb presented on Second 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. Further revisions were reviewed related to more restrictive below grade setback provisions on side and rear yards and revised work order on the second public benefit criteria (handout was distributed with these changes to the language). Mayor Pro Tern asked for a grammatical change in Section 4., as it related to accessory buildings (page 7 of the memo); the proposed change was agreed to. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Sipes 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 the changes presented at the meeting related to lot setback, criteria for public benefit and section 4. Mayor Pro Tern Underwood seconded the motion and it passed unanimously with a roll call vote (McDevitt absent). Town Attorney John Dunn presented on Second 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. Mayor Wolfe opened the public hearing. Resident Peter Buckley addressed the Council with his opposition to this Ordinance, noting that there is no need to enact this legislation, for the record he noted that it would only make it more difficult for Traer Creek LLC to operate within the guidelines of the annexation and development agreement and ultimately in the development of the Village (at Avon) and that would possibly lead to more litigation with the developer. He also stated at this time his opposition to 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; noting that he did not see the need to select people other than Avon residents. No further comments were made, and the hearing was closed. Councilor Buckley also indicated that she did not support the ordinance because she thought that it presents a hardship to the smaller developers. Councilor Ferraro 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. Mayor Pro Tern Underwood seconded the motion and it passed with a four to one roll call vote (Buckley nay; McDevitt absent). Regular Council Meeting Page 3 of 6 May 10, 2005 Town Attorney John Dunn presented on Second 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 summarized what had transpired with this ordinance and no other comments were made. Mayor Wolfe opened the public hearing, resident Peter Buckley made comments earlier for the record, no other comments were made and the hearing was closed. 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. Councilor Ferraro seconded and the motion passed with a three to two vote (Buckley and Phillips nay; McDevitt absent). Tambi Katieb, Community Development Director presented on First Reading Ordinance No. 05- 04, An Ordinance Adopting the Updated Zoning Map. He presented the map and noted that it reflects all ordinance, resolutions, rezonings and annexations that have occurred since 2001 that changed the zoning of property in the Town. Technical corrections were also included in this amendment. Revisions made to this map as suggested at an earlier meeting included the following: ✓ Adding the PUD open space for parcels located within Filing 2 and 3, Village (at Avon, ✓ Identifying the open space "old" for the Town owned parcel located adjacent to the southern boundary of McGrady Acres, ✓ Extending the right-of-way along the eastern end of Hurd Lane to connect Eaglebend Drive, ✓ Confirming the location and extent of the railroad right-of-way, ✓ Adding the recently approved Western Sage Subdivision ✓ Correcting several right-of-way and easement notations After some further discussion, a motion was made by Mayor Pro Tern Underwood to approve on first reading Ordinance No. 05-04, An Ordinance Adopting the Updated Zoning Map. Councilor Buckley seconded the motion and it passed unanimously with a roll call vote (McDevitt absent). Public hearing was set for May 24th. Town Attorney John Dunn presented on First Reading On Ordinance No. 05-07, An Ordinance Amending Title 8, Avon Municipal Code, Relating to Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof. Dunn noted that at the last meeting Council requested amendments to Section 8.32.030 (B) and Section 8.32.050 (A) AMC 1) causing the requirements for trash containers curbside to be consistent with the requirements for trash containers that are not curbside and 2) providing for upgrading of trash containers in connection with violations prosecuted in municipal court. After some discussion, it was suggested that staff revise its public relations brochure to better clarify this legislation. Council Ferraro moved to approve Ordinance No. 05-07, An Ordinance Amending Title 8, Avon Municipal Code, Relating to Regulations and Standards Regarding the Protection of Wildlife and Providing Penalties for the Violation Hereof. Councilor Buckley seconded the motion and it passed unanimously with a roll call vote (McDevitt absent). Public hearing was set for May 24th . New Business In order to award Avon's Battle Mountain Scholarship Awards Council made the following motion: Mayor Pro Tern Underwood moved to award Rolena Richardson and Austin Chow the scholarship funds set aside by former Mayor Buz Reynolds. Councilor Buckley seconded the motion and it passed unanimously with a roll call vote. Regular Council Meeting Page 4 of 6 May 10, 2005 Unfinished Business Tambi Katieb, Community Development Director, presented the material related to the Council appeal of a Planning & Zoning Decision on the Final Design of a Commercial Remodel for Wells Fargo Drive-up Bank, Chapel Square. He provide a summary of the P&Z review of this application noting that on April 19th, 2005 the Planning and Zoning Commission conditionally approved a Final Design Plan for a remodel to Building C in the Chapel Square PUD. The exterior modifications included the addition of a new drive through banking facility for Wells Fargo. The drive through bank use was approved at the February 1 e, 2005 Commission meeting through a Special Review Use permit (Resolution No. 05-02). He further explained that the Commission's decision was appealed by the Town Council at their April 2e, 2005 regular meeting. According to Section 7 of the Town of Avon Residential, Commercial, and Industrial Design Guidelines, "decisions of the Planning and Zoning Commission may be appealed to the Council at the request of a majority of the Council at any time before the decision becomes final." He noted that the role of the Council at this time shall be to confirm, modify or reverse the decision of the Commission within thirty (30) days following the commencement of review, or no later than May 19th, 2005. Any decision by the Town Council which results in disapproval of the Planning and Zoning Commission shall specifically describe the reasons for disapproval. Andrew Karow, Planning & Zoning Commission member, spoke on behalf of the Commission noting that their decision was a unanimous one with conditions included. Greg Gastinau, representing the applicant and Chapel Square, introduced himself and was willing to answer any questions the Council had regarding the application. Discussion items of concern included whether or not the applicant met the criteria outlined in number 6 and 7 of the design guidelines, the flat roof design, the look of the building from the east side and the opportunity that exists to improve the looks of the building. Kevin Dieghan, owner of Timberline Management, commented on the application and noted his frustration with the process, having already received approval from the Planning and Zoning Commission. Greg Gastinau addressed some of the design elements and noted that they explored the option of providing arches for each of the drive through lanes, but later realized that the roof height would need to be elevated to accommodate appropriate clearance for vehicles. He added that by elevating the roof height, the canopy would obstruct views from the existing windows located on the north elevation and the canopy would no longer be consistent, in terms of height, with the arcade located on the west elevation. Other Council members did not support the flat roof; Councilor Buckley supported the decision of Planning & Zoning and observed that this decision would be very subjective. Andrew Karow spoke again about how the commission evolved to make their decision and suggested that maybe the Town guidelines need to be reviewed again. Councilor Sipes moved to remand back to Planning & Zoning Commission the application for the commercial remodel of the Chapel Square Wells Fargo Drive-up bank and requested that the applicant modify the plans to better conform to the existing architecture and meet the design review criteria, particularly noting Criteria 6 and 7 with suggested elevations for the applicant and project architect to consider utilizing a modified arch scheme on the drive through lanes. Councilor Ferraro seconded the motion and it passed with a four to one vote (Buckley nay; McDevitt absent). Consent Agenda Mayor Pro Tern Underwood moved that consent agenda item (f) Renewal of 3.2% Beer License for Wal-Mart Supercenter #1199 be removed from the consent calendar. Councilor Phillips seconded and the motion passed unanimously with a roll call vote (McDevitt absent). She asked that the new manager be asked to attend the next council meeting and that council further review the renewal of the application at that time. Mayor Wolfe then asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. Minutes from April 26, 2005 Regular Council Meeting b. Design Workshop Contract for Town Center West & Main Street Improvements (iambi Katieb, Community Development Director) Regular Council Meeting Page 5 of 6 May 10, 2005 c. 2005 Street Improvements Contract, Change Order Number 2 (Norm Wood, Town Engineer) CO Addresses costs changes due to change in asphalt mix design for Avon Road d. 2005 ECO Transit Summer Service Agreement (Bob Reed, Transit Director) Agreement that provides parking for one ECO bus e. Hom Brothers Roofing Proposal for Re-roofing Municipal Building (Norm Wood) Review of roofing proposal estimated costs at $44K f. Renewal of hotel and restaurant license for Outback Steakhouse #0623, 240 Chapel Place, Bldg B, Avon, CO (Patty NlcKenny, Town Clerk) g. Minutes from April 12, 2005 Liquor Board Meeting There being no further business to come before the Council, the meeting adjourned at 7:25 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwoo Ron Wolfe ROECT Y UBMITTED: Patt "(enny,*To 7!~ d Regular Council Meeting May 10, 2005 Page 6 of 6