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TC Minutes 11-13-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 13, 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 Two changes to -the agenda included the following: 1) a property tax revenue update for Avon and 2) Recognition of Veteran's Day. Town Attorney John Dunn asked if there were any conflict of interest or ex parte conversations with respect to the Village at Avon PUD hearing; the following were noted: • Councilor Phillips noted that she received correspondence & attended an open house, about the matter, but did not receive any further information. Councilor Dantas noted that he has had contact with Mr. Mauriello but the conversations have been about other topics and not the Village at Avon. Mayor Wolfe noted that Sunday, 11/11/07 was Veteran's Day; he spent a few minutes recognizing all men & women in the military. Asst. Town Manager Finance, Scott Wright presented a 2008 property tax update. CITIZEN AND COMMUNITY INPUT Drew Dodd, resident of Avon, asked about the recently released two hour parking limit press release. Details of the program were explained by Police Chief Kozak, he noted that the APD met with private business to discuss how they will need to maintain their own parking lots. It was suggested that Avon consider exempting the rules for the town's special events. Don Cohen, Economic Council of Eagle County, presented the Housing Action Team 2008 Work Plan Proposal with a review of the 2008 proposed budget and funding request for Avon. Discussion ensued on some of the following: ■ What other entities have committed How does Summit County's Housing Authority model work The Town could use it Housing Fund monies for the request Larry Brooks, Town Manager, noted that the 2008 budget has been formulated, and that the discussion will take place on Friday with the Mayors/Managers about the need for cooperation on countywide topics such as housing. He suggested that the Council delay a decision until the next meeting. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION PUBLIC HEARING on Village at Avon PUD Amendment Property Location: Village at Avon PUD Applicant: Dominic Mauriello, MPG / Owner: Traer Creek Description: First Reading of Ordinance No. 07-10, an Amendment request to reconfigure the planning area boundaries of Planning Areas H, Neighborhood Center, I, Neighborhood Center; E, Village Residential; and F, Village Residential / An amendment to create a larger buffer between commercial uses and the adjacent existing Eaglebend drive residential neighborhood. Also part of the request is a text amendment to the PUD guide that will result in a modification to the current percentages and ratios of commercial-to-residential uses in order to permit more residential density in areas that are presently planned for more commercial square footage. John Dunn, Town Attorney, presented the procedural protocol related to the agenda item noting that two public hearings would be held, one this evening and another one on, second reading. He noted that Council could choose to deny the application or adopt the ordinance which would approve the application on first reading with or without conditions. Eric Heidemann, Community Development Director, presented Ordinance No. 07-10, An Ordinance recommending approval, with conditions, of a PUD Amendment Application Amending the Village at Avon PUD Planning Areas E, F, H, I, and J, Filing 1, Village at Avon Subdivision, Town of Avon, County of Eagle, and Setting Forth Details Regard Thereto. Mr. Heidemann reviewed the conditions in detail as well as the materials included in Council's packet and noted that staff recommended approval of the ordinance with the conditions. A brief explanation of the "vesting" requirement was provided by the Town's Attorney. Dominic Mauriello, planning consultant representing Traer Creek, presented the PUD, application covering the materials enclosed in the Council packet. His presentation addressed some of the following topics: current PUD map, concepts developed based on community input, Traer Creek's proposal that reconfigures boundaries of planning areas (H, I, E,,& F) and more fully and effectively integrates residential uses with Planning areas H (PUD Guide), review of Boundary changes, ratio of commercial to residential in the PUD guide (based on square footages), development scenario in the existing Condition and the proposed condition, open house details, input from the open house attendees, no increase in building height proposed, and a conclusion which identified that the developer wants to work with the community on developing the area. Mauriello then responded to Traer Creek's position with regard to the six conditions included in the ordinance, and the reasons for their disagreement to each outlined condition. Munsey Ayers, Traer Creek attorney made some comments related to Planning area F & their fundamental rationale to integrate-the commercial with the neighborhood and create a better buffer for Eaglebend residents. Mayor Wolfe opened the public hearing at this time and the following residents spoke: e Bobby Bank, Avon resident, spoke about the changes, the parking garage, the public transportation, and requested that the developer present a specific plan to the development area. Drew Dodd, Avon resident, thanked Mr. Mauriello for his approach to this PUD amendment noting that prior PUD amendments were not handled as professionally. He asked the developer to work with the town on this future development. He expressed confusion as to why has there been so much delay in developing the property. Buz Dider, Avon resident, was not supportive of the application or strategy used in drafting the PUD amendment. Phil Struve, P&Z member, supported the conditions that were attached to the ordinance. Regular Council Meeting Page 2 of 5 07-11-13 Mayor Wolfe closed the public hearing. The following topics were discussed and debated by Council members and Mr. Ayers representing the applicant: • Who is responsible for bus service? It was noted that the metro district is responsible for this service and currently there are not enough funds to support providing it. • The developer backfills the metro district for operating revenues . • Public benefits of the project vs. entitlements received per allowing the improvements • Municipal Services formula was discussed as a result of past cooperation between the two parties to devise an acceptable formula. • The problems the applicant has with the conditions attached to the PUD amendment. • The need to work cooperatively. • The applicant's desire to not change the existing PUD agreement. • Whether or not the current application meets the findings of the minimum criteria of the design guidelines. • Comments on height, traffic study, changes to commercial percentages, need to include more specifics on required affordable housing. Councilor Carroll moved to approve on first reading Ordinance No. 07-10, Series of 2007, Ordinance recommending approval, with six conditions, of a PUD Amendment Application Amending the Village at Avon PUD Planning Areas E, F, H, I, and J, Filing 1, Village at Avon Subdivision, Town of Avon, County of Eagle, and Setting Forth Details Regard Thereto as well as the following conditions added to the ordinance: • Condition (7) - the portion of Planning Area "I" added to Planning Area "F" will stay at 42 ft. height per the PUD and no further commercial changes to Planning Area "F" (stays at the 10%) Councilor Dantas seconded the motion as stated above. Mayor Pro Tern Sipes asked to include the following as an amendment: • Revise the minimum amount from 0% to 30% to Planning Areas "H & I" Councilor Carroll accepted the conditions proposed by Mayor Pro Tern Sipes. Councilor Dantas requested the following addition: • Planning Area "I" should be limited to the maximum height as outlined in the Town Code at 35 feet. Mayor Wolfe asked for the following revisions to the ordinance as well: • Condition 2): add the description of 1(12)(d) of the Village at Avon PUD, include amenities "ice skating and event center" • Condition 4): include the reference to the PUD Guide; the Annexation & Development Agreement is already included. • Condition 4): Further propose to add a more definitive statement as to what the developer is to proposing related to the affordable housing requirement, - places specificity of type, size, quality, for sale or rental / • Condition 6): include title of Ordinance No. 06-17 with further details to be included in this section that help clarify the passage of that legislation. Councilor Carroll moved to accept the changes outlined above; Councilor Dantas seconded the motion and accepted the changes as well. The motion passed with a five to one roll call vote (Underwood nay). Mr. Ayers noted that he would agree to further discuss the changes to the planning areas, but the conditions that impact the Annexation Agreement pose problems. Regular Council Meeting Page 3 of 5 07-11-13 ORDINANCES John Dunn, Town Attorney, presented Ordinance No. 07-11, Series of 2007, Second Reading, An Ordinance Relating To The Establishment Of Special Districts Within The Town Of Avon. He made a review of 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. He noted that it was tabled from the last meeting per- a request fro Darlene Sisneros representing Traer Creek Metro District. Several versions were presented in the notebooks and a review of the documents was made: There was a,'meeting with Ms. Sisneros & further substantive changes were made based on that input and further legal subcommittee input as outlined per the council packet memo. Mayor Wolfe opened the public hearing and the following person spoke and letter were submitted into the record: • Darlene Sisneros, Traer Creek Metro District, spoke about further concerns as follows: the mill levy cap, the penalty, the ability to withhold building- permits. She requested another table of the ordinance to continue the dialogue on those concerns and in the spirit of cooperation. • Letter from Collins, Cockrel, and Cole dated November 12, 2007 Mayor Wolfe closed the public hearing. After some further deliberations related to the 'public input, Councilor Phillips moved to table Ordinance No. 07-11, Series of 2007, An Ordinance Relating To The Establishment Of Special Districts Within The Town Of Avon to November 27, 2007. Councilor Carroll seconded the motion and it passed unanimously. RESOLUTIONS John Dunn, Town Attorney, asked that Resolution No. 07-39, Series of 2007, Resolution approving Service Model Plan, be tabled until the November 27, 2007 meeting with respect to the decision on Ordinance No. 07-11 which was tabled. Councilor Underwood moved to table Resolution No. 07-39, Series of 2007, Resolution approving Service Model Plan; Mayor Pro Tern Sipes seconded the motion and it passed unanimously. John Dunn presented Resolution No. 07-40, Series of 2007, Resolution Certifying Delinquent Real Estate Transfer Tax for Collection by the Eagle County Treasurer. A brief review of the situation was made with regard to the taxpayer neglect to pay their Real Estate Transfer Tax on real estate transactions. With no further questions, Councilor Dantas moved to approve Resolution No. 07-40, Series of 2007, Resolution Certifying Delinquent Real Estate Transfer Tax for Collection by the Eagle County Treasurer. Mayor, Pro Tern Sipes seconded the motion and it passed unanimously with a roll call vote. TOWN MANAGER REPORT Larry Brook, Town Manager, noted that a conversation has taken place with a local developer who has lot B under contract. There is a request for a joint work session with planning & zoning commission on 12/11/07. Regular Council Meeting Page 4 of 5 07-11-13 CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to adopt the consent agenda without the minutes from October 23, 2007; Councilor Dantas seconded and the motion passed unanimously. Councilor Underwood, moved to approve the minutes from October 23, 2007; Councilor Dantas seconded the motion and it passed unanimously. a. Minutes from October 23, 2007 b. Design Workshop Add Services Contract for Avon Town Center East c. Change Order 2 for the 2007 Street Improvements (Shane Pegram, Engineer 1) d. Union Pacific Railroad At-Grade Railroad Crossings, Contract with B&B Excavating, Change Order 002 (Jeff Schneider, Engineer 11) e. 'B&B Excavating Proposal for Nottingham Power Plant Stabilization Plan (Waterwheel) (Shane Pegram, Engineer 1) f. 3-D Modeling for East Town Center District Plan (Eric Heidemann, Community Development Director) g. Vail Valley Foundation Agreement - 2008 Fleet Maintenance Services (Jenny. Strehler, Public Works/Transportation Director) h. Vail Resorts Dial a Ride Agreement - 2008 Fleet Maintenance Services (Jenny Strehler, Public Works/Transportation Director) i. Eagle County Ambulance District Agreement - 2008 Fleet Maintenance Services (Jenny Strehler, Public Works/Transportation Director) j. Intergovernmental Agreement between Town of Avon & Beaver Creek Metro District (Jenny Strehler, Public Works/Transportation Director) (Per Charter Section 16.2 approval requires 2/3 of Council support) Agreement related to Transportation Services to be provided by Avon Transit on behalf of the Beaver Creek Metro District - Parking Lot Shuttle & Special Services November 2007 through October 2008 k. Agreement between Beaver Creek Resort Company and Town of Avon (Jenny Strehler, Public Works/Transportation Director) Third Party Agreement for Transportation Services to be provided by Avon Transit for BCRC November 2007 through October 2008 for Ski School Express There being no further business to come before the Council, the meeting was adjourned at 10:35 PM. - RESPECTFULLY SUBMITTED: Pa nny, Town Clerk APPROVED: Rich Carroll e Dave Dantas /2il~ Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 5 of 5 07-11-13 -