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TC Minutes 09-25-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD SEPTEBMER 25, 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 ex parte contact related to the appeal on the agenda; none were noted. CITIZEN AND COMMUNITY INPUT Devin Trickle, Avon Rec Center, presented Council with a placque from Eagle County EMS Prevention Committee thanking Avon for its sponsorship & participation in the Eagle County Camp 911 held for children in Eagle County. Jeanette Hix, Avon resident & Historic Committee Member, made a review of five pending projects that the committee has undertaken in their efforts on the Preservation Committee, as follows: ■ Develop a Historic Site Inventory ■ Avon waterwheel stabilization & preservation and estimate of related costs ■ Grant Application process with State of Colorado Historical Society ■ Preservation and relocation of Red House & Barn located at Avon Road & Hwy 6 Membership of the Committee Danita Chirichillo presented Tom Frye, Vail Valley Soccer Club Board Member, who gave a brief overview of the large scale soccer event taking place in Eagle County on October 6th & 7th He thanked the Town Council for supporting the club by allowing them to use the Avon fields. RESOLUTIONS Matt Pielsticker, Planner II, presented Resolution 07-35, Series of 2007, A Resolution Amending Resolution No. 05-13 To Allow the Appointment of Karen Nagel, Greg Macik and Kim Nottingham to the Historical Preservation Committee in the Town of Avon, Eagle County, Colorado. A review of the criteria for appointing four members to the Historic Committee was made; some discussion ensued about revising the requirements to include appointing people who submit a letter of interest and not necessarily include residence as a requirement. Council was supportive of the idea. Councilor Underwood moved to approve Resolution No. 07-35; Mayor Pro Tern Sipes seconded the motion and it passed unanimously. Matt Pielsticker, Planner II, presented Resolution 07-34, Series of 2007, A Resolution Approving Revised Town of Avon Residential, Commercial and Industrial Design Review Guidelines - Procedures, Rules And Regulations. He noted that the guidelines were originally adopted November 6, 2001 and the proposed changes were reviewed &,recommended by Community Development Subcommittee & P&Z Commission with changes specifically to the definition of duplex development". The changes were a resultof an appeal earlier in 07 that contemplated the duplex connection; this language was drafted in hopes of make the definition clearer. Councilor Phillips moved to approve Resolution 07-34, Series of 2007, A Resolution Approving Revised Town of Avon Residential, Commercial and Industrial Design Review Guidelines - Procedures, Rules And Regulations, As Originally Adopted November 6; 2001. Mayor Pro Tern Sipes seconded the motion and it passed unanimously. 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. Council's scope of role was to review P&Z decision with the evidence before them and then make a determination to uphold, deny or remand back to the P&Z the decision. Jerry Wuhrman, property owner & developer of the project, address council with why he did not feel that his project should be denied by the Avon P&Z Commission. He distributed a memo dated 9/10/07 outlining his comments requesting the Council to consider remanding the decision back to P&Z Commission. He presented the history of his application including the application for a variance which was denied. Neighbors have volunteered on their own to support the project. His concern is 'not the fee, but rather the need to have to redo all the drawings & site plans. The public hearing was opened and the following people spoke: • Todd Goulding, VP of Bristol Pines HOA, resident of Avon, P&Z member, commented on how the commission arrived at its decision to deny this application. Y Chris Evans, P&Z Chair and resident of Avon, commented on the commission's decision to deny noting that the project just did not comply with the guidelines and the applicant had ample opportunity to rectify their concerns. The public hearing was closed. Councilor Dantas moved to uphold the decision of the Planning & Zoning Commission to deny the Duplex Final Design for Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision /540 Nottingham. Councilor Carroll seconded the motion and it passed unanimously. ORDINANCES Councilor Carroll & Councilor Ferraro left the room at this time due to conflict of interest on this topic. John Dunn, Town Attorney, presented Ordinance No. 07-12, Series of 2007, First Reading, An Ordinance Providing for the Vacation of a Portion of a Roadway within Riverfront Subdivision. Dunn made a review of the legislation which will implement a settlement Regular Council Meeting Page 2 of 3 07-09-25 agreement entered into among the Town, East West Resort Development XIV; Confluence metro District & Union -Pacific Railroad. He noted that this is a vacation of land 'acquired from the Union Pacific Railroad ;located within the Riverfront Subdivision and that following the ordinance is a Notice of Merger which reflects that the property acquired from the railroad will merge into the title of the property interested dedicated by the plat of'Riverfront Subdivision. He noted that,the exhibits were not in the correct order & needed to be switched, around'. Mayor Pro Tem Sipes moved to approve Ordinance No. 07-12, Series of 2007, First Reading, An Ordinance Providing for the Vacation of a Portion of a Roadway within Riverfront Subdivision. Councilor Phillips seconded the motion and it passed unanimously by those members present (Carroll Ferraro recused due to conflict of interest). TOWN MANAGER REPORT Larry Brooks, Town Manager, provided updates on the following topics: • Skier Shuttle arrangements with Beaver Creek Resort Company (a final agreement on an abbreviated ski school shuttle) • Union Pacific work train has arrived in avon and rollout of the schedule for the aigrade improvements & crossing installation. • Village at Avon updates for Traer Creek Metropolitan District & Village Metropolitan District Board meetings ' & Nottingham Puder Ditch Project. Scott Wright presented an update to the meeting addressing the items outlined on the agenda. Justin Hildreth presented an update on the ditch maintenance agreement with Traer Creek. CONSENT AGENDA 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 September 11, 2007 There being no further business to come before the Council, the meeting was adjourned at 7:20 PM. RESPECTFULLY SUBMITTED: APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwooi Ron Wolfe Ratg-McKennv. Town Clerk Regular Council Meeting Page 3 of 3 07-09-25