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TC Minutes 06-28-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 28, 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, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs, and Community Development Director Tambi Katieb as well as members of the press and public. Approval of Agenda Mayor Wolfe noted that the Beaver Creek Transportation topic would be discussed under Unfinished Business and a July 4th update would be presented during citizen input. 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 Fraidy Aber, Avon's Special Events Coordinator, presented a final update to the Salute to the U.S.A. celebration. The following Avon residents addressed the Council with regard to the residence located at 5350 Ferret Lane: Dale Fleming, Kathy Kunis, Peter Vavre, Buz Reynolds, Peter Buckley,_Scott Prince, Greer Gardner, Ann Menconi. Many concerns as follows were expressed by this group who, mostly reside as neighbors to this duplex at 5350 Ferret Lane: ■ Everyone presented the scenario going on at this location as a "hotel use" in a residential neighborhood, groups of up to 16 people staying on a short-term basis ■ Website bookings for this location - advertises that this home houses up to 16 people and operated as a "hotel" ■ Listed the nuisances at this location as partying, parking problems, noise problems, trash everywhere, destruction of the neighboring properties, dangerous activities at the hot tub, etc. ■ This "use" is not consistent with the Wildridge residential neighborhood and the character of the area or with Avon's comprehensive plan ■ A commercial operation of this sort should have a special permit ■ Request that the neighbors & homeowners do not want this issue to become only a police issue ■ Address the short-term issue on a universal level ■ There is a blatant misuse of this property ■ The building is built as a "home" not a commercial property, ADA requirements, etc. Discussion was held regarding this topic and the following ideas were reviewed: ■ Is it the use or the behavior of those staying at this location? ■ How nuisance laws might help alleviate the problems ■ Clarifying definitions in the Code, addressing a short-term rental definition ■ How do the Wildridge covenants impact this use? ■ How would a homeowners association provide better enforcement in the Wildridge area? Community Development Director Tambi Katieb noted that staff has reviewed this situation and would propose submitting a recommendation for a revision to the zoning code. Further discussion ensued on whether or not Council wanted this type of use eliminated throughout Avon or if short-term rental would be allowed if it met certain criteria. Town Attorney John Dunn, noted that rather than citizenry threaten to sue the town, the focus of the efforts should be on the offender, and not the Town. He noted that the problem would require both short-term and long-term solutions and that staff has been working on trying to address this with possible legislation that addresses the nuisance issues and zoning issues. It was pointed out that resolving this situation has been difficult because of Wildridge's covenants that were adopted in the 1980s. Council expressed their concern over the situation and their commitment to the citizens and noted that the Town would try to address the problem; staff was asked to return in two weeks with some proposals. The neighbors were asked to continue calling the police department with any problems. It was noted that an executive session would likely be held at the end of the regular meeting to discuss this topic. At this time, Mayor Wolfe provided a brief update on the Eagle River Enhancement Project for a few members in the audience. Resolutions Councilor Ferraro recused herself at this time. Town Attorney John Dunn presented Resolution No. 05-26, Series of 2004, A Resolution Approving An Agreement And Plans In Connection With The Acquisition Of Potential Future Phase, Avon Town Square Commercial Condominiums, Lot 2, Phase II, And Ratifying All Action Heretofore Taken By The Staff Of The Town. He noted that three entities have been involved in negotiating this parking easement agreement, Town of Avon, Avon Town Square (represented by Leslie Fields), and two homeowners associations, Lot 1 (Slifer, Smith & Frampton and represented by Rob Sperberg), and Lot 2 (represented by Sally Jackie). The primary goals of the Town have been to solve parking problems and provide additional parking for A.T.S. (in light of losing parking). He summarized a few of the issues that have received attention in the negotiations, enforcement, indemnification, utility issues. Dunn explained the revised structure of the agreement, in light of all the parties involved, and the creation of an Association (one that would represent Lot 1 and Lot 2 Associations) and the need to eliminate any claims for damages against the Town. This parking would become "private parking" for these groups. Council made comments/questions about several items, i.e. parking enforcement, the landscaping, the utility easements. In summary the agreement addresses the following items: ■ It eliminates any claims for damages for loss of parking ■ It allows for 'immediate possession"; no hearing is necessary (which was scheduled first week of July) ■ A.T.S. and the Associations will withdraw their objection to the PUC railroad crossing It identifies the current price as that of the appraised value (to be used in calculating any attorney's fees) It was noted that the urgency of approving the document was related to whether or not the Town would have to proceed to an "immediate possession hearing" the first week of July, which would be postponed if the agreement were not approved at this meeting. If the agreement were approved, the hearing date would be cancelled. Resident Peter Buckley made some comments, and asked about attorney's fees; tt was noted that the fees have been resolved. Councilor McDevitt noted that he was uncomfortable with this direction, that it was giving too much to the parties and the Town is not being compensated for it; would prefer moving forward with the condemnation. Others communicated that the Town did have an obligation to compensate the parties for the loss of parking, either through funds or providing the parking lot. Disagreement ensued about the value of the land and damages awarded for the parking (part of the appraisal). It was also raised that the reason behind the agreement was because this Regular Council Meeting Page 2 of 4 June 28, 2005 scenario would put the existing project in violation of Avon's Code; it was not the intent of the Town to penalize the existing property owners and tenants of those buildings. Councilor Wolfe moved to approve Resolution No. 05-26, Series of 2004, A Resolution Approving An Agreement And Plans In Connection With The Acquisition Of Potential Future Phase, Avon Town Square Commercial Condominiums, Lot 2, Phase II, And Ratifying All Action Heretofore Taken By The Staff Of The Town provided language is added to the easement satisfactory to the Town Attorney to provide that members of the Association shall have the ability to enforce the agreement or shall only have recourse against the Town through the Association and that the Town will recognize the Association or designated entity as successor to the Association. Councilor Sipes seconded the motion. Councilor Buckley explained reasons for her support of the agreement, still opposes the condemnation, but notes that if the property owners are supportive, she agrees to support them with a yes vote. A roll call vote was taken and the motion passed with a three to two vote (Buckley, Phillips, Sipes yea; McDevitt, Underwood nay; Ferraro recused). New Business Finance Director Scott Wright presented his memo related to "in-lieu Parking Fee programs, in an effort to educate everyone about the programs and Avon's code requirements. He explained how fees can be established, advantages and disadvantages of such programs, and related costs of parking. Some of this research began because staff was looking for a numeric value for the maintenance of parking spaces. Community Development would likely provide further information and research on how a program would be created and implemented. Further comments included the idea of including this type of project in the capital projects fund. Staff would present an ordinance addressing this topic at a later date; it was suggested to submit the topic to the Community Development subcommittee for review. Unfinished Business Bob Reed, Transit Director, presented update on transit services for Beaver Creek Resort Company. Representatives from Beaver Creek and the Town have been trying to identify the expected levels of service for transportation for next winter. Other transit issues discussed were the meeting with the lodge owners & the request to ECO and Eagle County from Avon & Beaver Creek to operate or fund the skier shuttle. Bob Reed, Public Works Director, presented the final Audio / Video Proposal as enclosed in the council packet. He identified a number of enhancements that would result from the Council room upgrades and improvements in audio and video equipment and lighting modifications (the automatic lighting switches were not approved in the package). It was noted that nothing would be changed with regard to the Council podium. Council supported moving forward with this project, it was noted that the proposals came within the total budgeted for 2005. Town Manager Report Town Manager Larry Brooks presented an update on the financial status of the Buffalo Ridge Affordable Housing Corporation. He noted that the Town's financial consultant, Dee Wiser, has been asked to review how this situation impacts the Town of Avon. As well, the Management Company, Corum Real Estate Group, on behalf of the Buffalo Ridge Board has requested a meeting with Village at Avon representatives. The current financial report reflects a monthly cash flow problem with defaults on payment to HUD for the mortgage. A formal request has been submitted to Corum Real Estate Group to review financial statements for both projects at this location. A review of the Board members names was made, same members as that of EagleBend Affordable Housing Corporation. Regular Council Meeting Page 3 of 4 June 28, 2005 Consent Agenda Mayor Pro Tern Underwood submitted revisions to be included in Avon's 2004 Financial Report and moved that these become part of that document; Councilor Sipes seconded and the motion passed unanimously. 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 May 24, 2005 Regular Council Meeting b. 2005 Street Improvements Change Order No. 5 (Norm Wood, Town Engineer) c. Acceptance of 2004 Town of Avon Comprehensive Annual Financial Report (Scott Wright, Finance Director) Formal approval of the Comprehensive Annual Financial Report A motion was made from Councilor McDevitt to convene into Executive Session to confer with the Town Attorney for discussions pursuant to CRS 24-6-402(4)(b), conference with attorney for the local public body for the purpose of receiving advice on specific legal questions related to current zoning violations. The motion was seconded by Councilor Sipes and passed unanimously. The executive session adjourned at 9 PM with a motion from Councilor Sipes, seconded by Councilor Phillips and approved unanimously. 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 Underwooc Ron Wolfe R S CTjFJIJ Y SUBMITTED: c Pat enny, Clerk 119 /1 If Regular Council Meeting Page 4 of 4 June 28, 2005