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TC Minutes 09-11-2007MINUTES OF THE REGULAR MEETING'OF THE AVON TOWN COUNCIL HELD SEPTEMBER 11, 2007 A regular meeting of-the Town of Avon, Colorado was held at the Avon Municipal Building, 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 Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann, Public Works/Transportation Director Jenny Strehler, and Community Relations Officer Becky Lawlor as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST There were no changes to the agenda. John Dunn, Town Attorney, asked if there were any conversations related to the appeals on the agenda. Councilor Carroll noted his very brief conversation with Ms. McKenny; Mayor Wolfe noted that he was contacted by the same party on.2 different occasions, the person was interested in the process related to the application. Mayor Wolfe noted that he advised them to review the minutes & abstracts of the meetings. CITIZEN AND COMMUNITY INPUT Andy Clark, organizer of the Rocky Mountain Pond Hockey Tournament, presented updates to this 'upcoming season's event. He noted that the hopes are that the event will someday becoming a national one. Council expressed their strong support of the event. It was noted that January 12th & 13th are slated for the kids event & January 18 at Dobson, 19th & 20th at Nottingham are slated for the adult tournament. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION Duplex Final Design - Appeal Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision /540 Nottingham Applicant/ Owner. Jerald Wuhrman Description: Final Design review for a duplex development on Nottingham Road. The design incorporates stucco, stone and wood siding as well as a flat and gabled roof form. This application was denied by the Planning and Zoning Commission on August '21; 2007, and the decision is being appealed to Town Council by the property owner. Eric Heidemann, Community Development Director, presented the above referenced appeal request submitted by Jerry Wuhrman. He noted that per the Charter Council is required to respond within 30 days; it was also noted that Council's role is to uphold, remand or deny the decision of the P&Z Commission. The application was reviewed over the course of several meetings from May through August 2007 and was denied based on concerns with access, grading, drainage, roof forms and architectural interests. Heidemann noted that that afternoon the property owner asked the item be tabled until further notice because he was not able to attend the meeting. Some discussion ensued about whether or not to table the appeal and reasons which would support either action. Council agreed to hear the information related to the application and then proceed with making a decision. The following people commented on the application: 0 Chris Evans, P&Z Chairman, explained premise for denying the application • Ron Triblehorn, neighbor, explained his support of the applicant's project Further discussion ensued on whether or not to table the application. Councilor Underwood moved to continue consideration of the Duplex Final Design - Appeal, Property Location: 'Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision /540 Nottingham, until September 25, 2007. Councilor Carroll seconded the motion and it passed with a four to one vote (Dantas nay). Color Change - Appeal Property Location: Lot 32, Block 2, Wildridge Subdivision / 2643 Bear Trap Applicant/Owner. Patrick McKenny Description: A request to change materials and colors on one half of an existing duplex. Siding, Stucco, and Deck railings will be modified by this application. The application was approved by the Planning and Zoning Commission on August 21, 2007 for a change in material (siding and deck railing), with the color change conditionally approved based on the consent of the adjacent property owner. The Planning and Zoning Commission's decision is being appealed to Town Council by the adjacent duplex neighbor. Eric Heidemann; Community Development Director, presented the appeal referenced above, noting that the Planning and Zoning Commission's decision was being appealed to Town Council by the adjacent duplex neighbor, Casey Frehe.; It was noted that Council's role is to uphold, remand or deny the decision of the P&Z Commission. He explained the details of the minor project application related to color, siding & deck railing pickets. P&Z.approved the siding & railing changes, but did not approve the color changes unless both parties agree to the color. He provided history/details related to the application, in that verbal approval was provided by staff to the applicant. It was then discovered that the property was a duplex and the decision was made in error. Some discussion ensued about Community Development's policy to require approval from both owners of multifamily units. Y Chris Evans, P&Z Chairman, spoke about the application and the Commission's decisions was based on the fact that the application was in complete compliance with the design guidelines • Casey Frehe, owner of 2643 Bear Trap Rd E., commented on his opposition to the type of siding to be used, that P&Z did not scrutinize this application to the level it had on other applications that evening, and saw that the town's approval had a negative impact on him'selling his units Patrick McKenny, resident of 2643 Bear Trap Rd W, spoke about the application process & related minor project forms and reasons why the larger siding was chosen. Mayor Wolfe raised the question again as to whether or not the P&Z Commission made a valid decision within the design guidelines. Some discussion ensued about the-deck railings and proposal to change the railing on existing structures vs. new construction. Mayor Wolfe asked Mr. Frehe whether or not he was contesting the process or the outcome. Mr. Frehe noted that he wanted consistency out of the town & the P&Z Commission, and suggested that the application was not reviewed thoroughly enough. Mr. 'Frehe noted that he did not want a construction zone while he is trying to sell his house and preferred that Mr. McKenny wait with maintenance issues until he has a seller. Mr. Frehe suggested that the maintenance decisions would be made between the three parties at that time. The Town Attorney reviewed that Council's role was to determine if there was sufficient evidence to support or deny the P&Z Commissions' decision. Further comments were made by the following P&Z members: • Julia Foster, P&Z member, noted that P&Z's general impression of the proposal was that the changes were complimentary to the project Regular Council Meeting Page 2 of 5 07-09-11 • Phil Struve, P&Z member, noted that their Commission is not shortsighted in its decisions and provides for thorough reviews of applications, the commission was supportive of the applications moving away from the "mirror image" that existed with the structure Councilor Dantas made some comments related to the horizontal siding as a better product and the role of Council's in its decision making. Councilor Carroll moved to uphold the Planning & Zoning commission's decision to approve the minor project application for the property located at 2643 Bear Trap W. / Applicant/Owner: Patrick McKenny. Councilor Ferraro seconded the motion and it passed unanimously. ORDINANCES Jenny Strehler, Public Works / Transportation Director, presented Ordinance No. 07-09, Series of 2007, An Ordinance Amending Chapter 12.16 Of The Avon Municipal Code As It Relates To The Responsibility For Maintenance Of Sidewalks, Drainage Ditches And Driveway Culverts. She noted that the proposed changes require that ditches and driveway culverts located,in the right-of-way be maintained in good condition by the abutting property owners; currently sidewalks, curbs and gutters are maintained by the property owners. Discussion focused on, the multiple property owners scenarios and who would be responsible for this maintenance as well as what would happen when the town were not maintaining the property. Strehler noted that each case would be evaluated individually and that the legislation is to try to further insist the property owners take responsibility for the ditches and culverts. Some comments & questions were raised regarding the following: • The Town's description of regular or routine maintenance • Ordinance puts the town manager in the authority role • Questioned the areas that don't have curb & gutter • Property owners who will have problems related to drainage issues MayorWolfe opened the public hearing, and the following comments were made: • Tab Bondiy, resident, 5792 Wildridge R., problems occurring are related to cinders • Dominic Mauriello, resident 5601 West Wildridge Rd, asked about basic municipal services the town provided, did not support the legislation, thought the town should provide the maintenance services for the citizens • Phil Struve, 'resident W. Wildridge Rd., asked about the requirements of the maintenance and noted that the town should have to clean the culverts every 5 years and charge the homeowner when if there is a further problem • Greg Barrry, June Creek Trail, the ditch should be owned by the town With no further comments, the public hearing was closed. Council was supportive of the fact that the maintenance of the ditches & culverts should be a benefit of living in the town and then move to a discussion of sidewalk maintenance. Staff was directed to review the topic again with a review of sidewalk maintenance as well. Mayor Pro Tem Sipes moved to table Ordinance No. 07-09, Series of 2007, An Ordinance Amending Chapter 12.16 Of The Avon Municipal Code As It Relates To The Responsibility For Maintenance Of Sidewalks, Drainage Ditches And Driveway Culverts. Councilor Carroll seconded the motion and it passed unanimously. RESOLUTIONS Matt Gannett, Senior Planner, presented Resolution No. 07-31, Series of 2007, Resolution Adopting the Town of Avon Attainable Housing Guidelines and Setting Forth Details in Regard Thereto, with a recap of what has taken place over the last year and a review of the latest version of guidelines addressing housing & criterion related to rezoning applications. Chris Regular Council Meeting Page 3 of 5 07-09-11 Evans, P&Z Chairman, made several comments and in general noted that P&Z was not supportive of the guidelines; he requested that further dialogue take place between the Commission & Council prior to any approvals. Mayor Wolfe opened the public hearing and the following comments were heard: • Julia Foster, resident, agreed that housing needs to be addressed, supported payment in lieu, don't limit to those who are not homeowners, evaluate the type of housing stock • Lang Binyard, visitor, & property owner in Eagle County, noted that he represents an application pending with P&Z, and was not supportive of the guidelines, and cautioned that passage might impact future development • Chuck Madison, East West Partners, asked that Council continue to deliberate the topic, that there is not easy solution. He noted that the unintended consequences should be identified as well • Mauriello noted that the guidelines are oppressive and asked for further review of them by both the town as well as developers • Bob Kaufman, VRDC and lived in Avon the last 18 years, requested that 3rd party developers be at the table for this discussion • Todd Goulding, P&Z member, Avon resident, works for developer, requested further participation as a P&Z member on the guidelines Mayor Wolfe closed the public hearing. After some further suggestions related to maintenance of the units, the proposed 20% Gross Floor Area, staff was directed to take 'the topic back through a process that would include the community development subcommittee. Councilor Phillips moved to table Resolution No. 07-31, Adopting the Town of Avon Attainable Housing Guidelines and Setting Forth Details in Regard Thereto. Councilor Ferraro seconded the motion and it passed unanimously. Shane Pegram, Town Engineer, presented Resolution No. 07-33, Series of 2007, Resolution Approving the Final Plat, a Re-subdivision of Lot 9, Block 4, Wildridge, Town of Avon, Eagle County, Colorado A Resubdivision of Lot 9 into two separate lots, 9A and 9B. Mayor Pro Tern Sipes moved to approve Resolution No. 07-33, Councilor Underwood seconded the motion and it passed unanimously. ORDINANCES - CONTINUED Council Ferraro moved to table Ordinance No. 07-11, Series of 2007, First Reading, An Ordinance Relating To The Establishment Of Special Districts Within The Town Of Avon, the proposed legislation which will establish regulations governing existing and new "Title 32" special districts, such as metro districts, water & sanitation districts, fire districts & recreation districts. The motion was seconded and unanimously approved. NEW BUSINESS Brian Kozak, Police Chief, presented the Parking Plan Proposal for Winter Ski Season 07/08 with a Review of the plan to address future parking issues. With the completion of the gondola & the Westin Riverfront Resort, the town is anticipating parking to become more of an issues. Chief Kozak outlined a preliminary guide to address this topic moving into the future as outlined in a Council memo. It was suggested that a heavy public relations effort be used to inform the residents, visitors, and property owners of the proposed plan. Some of the following suggestions were made: ➢ understand unintended consequences - don't discourage evening visitors ➢ parking only until 3 pm allowed ➢ fine should be in concert with the opportunity Regular Council Meeting Page 4 of 5 07-09-11 ➢ signage should have dates ➢ public lots would be fine ➢ fine established with 'input from judge & should be consistent with Vail goal is to deter from skier parking ➢ review parameters of metered parking and enforcement CONSENT AGENDA Comments & questions were heard related to the 'Municipal Building expansion; there was disappointment expressed in the, total cost related to construction and how that served the town's need for housing staff. - Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to" adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from August 28, 2007 b. Engineering and Planning Studies Required to Complete Main Street and Lake Street Design (Justin Hildreth): 1) Avon Town Center West Master Drainage Report Proposal from Marcin Engineering LLC. 2) "Avon Town Center West Master Deep Utility Plan Proposal from Marcin Engineering LLC 3) Avon Town Center West Overall Shallow Utility Map Proposal from Marcin Engineering LLC 4) West Town Center Snowmelt Master Plan Proposal from Design Workshop 5) Street Lighting Master Plan Project Proposal from Design Workshop c. 2007 Streetscape Lighting Conversion - Tri Phase Electric Construction Contract Award (Justin Hildreth, Town Engineer) Conversion project includes replace light fixture heads & arms along Sun Road, Chapel Place & Avon Road d. Proposal for the Jurisdictional Determination of Metcalf & Swift Gulch (Justin Hildreth, Town Engineer) Proposal to implement a program that would monitor the area in hopes of changing the jurisdiction of Metcalf Gulch from town of Avon to that of the Eagle River e. Request for additional funds for the Avon Municipal Expansion Project (Justin Hildreth, Town Engineer) Request for additional funds to complete municipal building expansion, including installation of data & voice lines, electrical modifications,- staining of building, etc. f. Letter of Engagement with Sherman & Howard for legal services (John Dunn, Town Attorney) There being no further business to 'come before the Council, the meeting was adjourned at 10:15 PM. RESPECTFULLY SUBMITTED: APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 5 of 5 07-09-11