Loading...
TC Minutes 12-11-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD DECEMBER 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 Town Attorney John Dunn asked if there were any ex parte conversations related to Lot C application; none were noted. Brian Sipes water question with water authority for Lot C. CITIZEN AND COMMUNITY INPUT A discussion of Real Property, Transfer Tax Exemption took place at this time. Scott Wright, Asst. Town Manager Finance; began the discussion and noted that the one year appeal timeline was amended to the ordinance a few years back, but that this particular situation occurred one year beyond that appeal timeframe, and therefore does not qualify under the current regulations of the code. Town Attorney John Dunn noted that Council would have the following options: • enforce the ordinance as written • amend the ordinance to include a discretionary waiver • consider requests on a case by case basis waive the regulations under these circumstances Lance Kelly & Stephanie Kelly introduced themselves and explained the materials submitted to Council, with the request, i.e. a letter from the real estate agent and the title company;, they offered to answer any questions. Neither Land Title nor the,- realtor offered to assist with this matter other than admitting the mistake. The consensus of Council was such that those who were at fault should assist the Kelly's with the fee, and the town was not at fault in this transaction. Kevin Kromer, President Stone Creek Charter School Board, presented an update to Council on the operations of Stone Creek Elementary School related to the following topics: Enrollment: 216 students; goal was 238 students ■ Outreach: Spanish open house was held, marketing literature is in spanish ■ Update on new Board Members: Ron Wolfe, Elizabeth Pierce-Durance, Amy Gill, Mr. Russell have been named to the Board as of end of year 2007 ■ Vendor payments update: have been in contact with all of the vendors involvded during opening of school ■ Grants: have received charter.school start up grant of $150K ■ School site: update meetings held to address the topic, proposed locations include battle mountain site, Traer Creek parcel M, Mintum forest service site (not that favorable), Oscar Tang land in Avon, hope to communicate with Eagle County Commissioners about possibilities Transition plan with the outgoing principal; new principal will be Katherine Lange Chris Ekrum, Avon resident, addressed, the Town Council with several concerns as follows: ■ Property taxes going up, increase in assessed values, the property taxes generated from the increase has a large impact on her budget and fixed income. Concerned about the new bridge refurbishing and new light posts and the related costs ■ Concerned about the total population aging there is a need to consider housing & homes for seniors in the upper part of eagle county APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION Matt Pielsticker, Planner II, presented Ordinance No. 07-18, Series of 2007, First Reading,,An Ordinance Approving A Planned Unit Development (PUD) Amendment Application For Lot C, Avon Center At Beaver Creek Subdivision, Town Of Avon, Eagle County, Colorado. He noted the Amendment Request Would Eliminate The 125 Room Hotel, Increase The Number Of Time- Share Units, Lower'The Amount Of Retail/Commercial Space, And Relocate The Restaurant Space To Main Street. The Developed Portion Of The Project Includes 81 Two-Bedroom Timeshare Units, 20 Employee-Housing Units, And Ground Level Office/Retail Space. Some comments made regarding the need to use the model development agreement to be provided by Sherman & Howard; it was requested that this model agreement be used in the negotiation of this amendment for Lot C: Kathryne Plouff, VP of Real Estate Development, Starwood Vacation Ownership, Inc.-, Ruth Borne, local attorney representing the applicant, and Aleksandr Sheykhet, Obermeier, Sheykhet Architecture, were present to submit to the record the following information: ■ Sheraton Mountain Vista PUD Amendment Application ■ Sheraton Mountain Vista PUD Supplemental Information ■ Sheraton Mountain Vista Amended PUD Development Plan The following topics were reviewed by the applicant: j ■ Existing & proposed commercial / retail ■ Existing & Proposed parking Existing and Proposed Revenue Sharing A review of the conditions of the proposed ordinance' and their related concerns were made: ■ Working through,the water requirements ■ Do not have 4 studio units, but they, have 2 units ■ Will comply with the design standards through the design review process ■ Heights have been addressed through the development agreement ■ Proposed restaurant by Phase C-1 The Town Council made the following comments: ■ Requested a front desk presence ■ Water from ERWSD ■ All 20 units have a deed restriction on them ■ Why the 1 % rebate ■ Need to consider design aspects of the project, including form & massing ■ Not pedestrian friendly ■ Need covenant that assures the timeshare amenities fees get paid ■ - Need covenant that it operates as a hotel Regular Council Meeting Page 2 of 6 07-12-11 Does not support pedestrian pathways ■ Only sees the back of the house of the project ■ Not favorable of less commercial ■ Where is parking for existing office space building ' ■ The corridor to main street is not ideal - need some open space It was suggested to table the project and consider revisions to the following: ■ Rewrite the development agreement ■ More work on pedestrian features that are in conflict with goals of comp plan Show context to other streets ■ Add a contribution to main street ■ The restaurant is a must with an interim alternative use ■ No support for-financial concessions ■ More retail ■ More attention to sun road as a major thoroughfare Work" on angle parking on BC blvd ■ Integrating Beaver Creek Blvd road ■ Do not eliminate the retail at the ground level ■ The plaza needs to be redone ■ Need to break up the bulk and mass of the project ■ Need to see the design before approving the entitlements - ■ Review the northern end of the building as it relates to be blvd & movement towards to main street ■ Water rights to the project, request a timeline of when water will be approved ■ Concern about the phasing ■ Determine what makes sense on the affordable unites, how are the units being used at this time Councilor Dantas moved to table until January 8, 2008 Ordinance No. 07-18, Series of 2007, First Reading, An Ordinance Approving A Planned Unit Development (PUD) Amendment Application For Lot C, Avon Center At Beaver Creek Subdivision, Town Of Avon, Eagle County, Colorado. Councilor Underwood seconded the motion and it passed unanimously. ORDINANCES Brian Kozak, Police Chief, presented Ordinance No. 07-14, Series of 2007, Second Reading, An Ordinance Repealing, And Reenacting Section 9.08.030 Of The Avon Municipal Code Relating To The Defi.nition Of Larceny. Kozak noted that by changing the definition of Larceny in the Avon Municipal code, crimes with less than $1,000 can be heard in the Avon Municipal Court; currently Avon Municipal Court is limited to hearing crimes involving a value of $30 or less. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Dantas moved to approve Ordinance No. 07-14 on second reading; Mayor Pro Tern Sipes seconded the motion and it passed unanimously. Brian Kozak, Police Chief, presented Ordinance No. 07-15, Series of 2007, Second Reading, An Ordinance Enacting Section 1.08.015 Of The Avon Municipal Code Relating To _A -Law Enforcement Training Surcharge. It was noted that the proposed surcharge imposed for violations of the Avon Municipal Code would be used to reimburse the Town for training expenses of the police department. Mayor Wolfe opened the public hearing, no comments were Regular Council Meeting Page 3 of 6 07-12-11 made, and the hearing was closed. Councilor Underwood moved to approve Ordinance No. 07- 15 on second reading; Councilor Carroll seconded the motion and it passed unanimously. Town Engineer Justin Hildreth presented Ordinance No. 07-16, Series of 2007, Sedond Reading, An Ordinance Amending Section 17.44.040 Of The Avon Municipal Code To Reference The December 4, 2007 Flood Insurance Rate Map (Firm) For Eagle County And Incorporated Areas He noted that the FIRM is a map provided by FEMA which delegates the floodplain; the current municipal code refers to the FIRM dated August 19,1987 and should refer to the new map dated December 4, 2007 The most recent passage adopted the 1987 version; this ordinance adopts, a newly revised map. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Carroll moved to approve Ordinance No. 07-16 on second reading; Councilor Dantas seconded the motion and it passed unanimously. Scott Wright, Assistant Town Manager Finance presented Ordinance No. 07-17, Series of 2007, First Reading, Ordinance Amending Sections 3.12.020 and 3.12.060, Avon Municipal Code, Relating to Exemptions from the Real Estate Transfer Tax. He noted that the legislation Amends Chapter 3.12 of the Town's Municipal Code by adding an additional exemption for town residences who have previously utilized the primary residence exemption and who are now purchasing a subsequent primary residence within the Town as long as the applicant has met the requirements of the first exemption. The Town amended the code to allow for one year after the date of closing to apply for the exemption. Councilor Ferraro noted that she did not support this effort and would prefer to spend the funds on deed restricted houses. It was noted that the rebate is, not the deciding factors & this approval is tying future council's hands with this decision. She asked that the provision only apply to the buyer and not the seller, therefore language should be included to address that. Further discussion ensued on the topic. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Underwood moved to approve on second reading Ordinance No. 07-17, Series of 2007, Ordinance Amending Sections 3.12.020 and 3.12.060, Avon Municipal Code, Relating to to Exemptions from the Real Estate Transfer Tax with revisions as follows: 1. An affidavit that the applicant's current primary residence used to satisfy the requirements of paragraph 15 is within the Town, that the applicant meets the definition of an Eagle County Employee, that the real property is being purchased for use as a new primary residence and not for investment; and, the appliGant is the pWr-n_haaA_P_r- of the pr-imai:y fesident; and Add c. The exemption applies only to the portion of the transfer tax actually paid by the buyer, and will not reduce any portion of transfer tax that seller agrees to pay in the transaction. Councilor Dantas seconded the motion and it passed with a five to one vote (Ferraro nay). RESOLUTIONS Brian Kozak, Police Chief, presented Resolution No. 07-41, Series Of 2007, Resolution Establishing A Law Enforcement Training Surcharge. A brief explanation was provide in that the resolution relates to Ordinance No, 07-15 and sets the fee. Councilor Underwood moved to approve Resolution No. 07-41; Councilor Phillips seconded the motion and it passed unanimously. Regular Council Meeting Page 4 of 6 07-12-11 Asst. Town Manager Finance Scott Wright presented the following budget resolutions and brief explanations of each item: ■ Resolution No. 07-43, Series of 2007, Resolution to amend the 2007 Town of Avon Budget - (Wright noted a revision to the affordable housing fund) Resolution No. 07-44, Series of 2007, Resolution to amend the 2007 Town of Avon Capital Projects Fund Budget ■ -Resolution No. 07-45, Series of 2007, Resolution to adopt the 2008 Town of Avon Budget Adoption - (Wright noted a revision to the affordable housing fund) ■ Resolution No. 07-46, Series of 2007, Resolution to accept the proposed Town of Avon Long Range Capital Program and Simultaneously adopt the Year 2008 Capital Projects Fund Budget ■ Resolution No. 07-47, Series of 2007, Resolution Levying General Property Taxes for the Year 2007, to help defray the costs of government for the Town of Avon, Colorado, for the 2008 Budget Year ■ _ Resolution No. 07-48, Series of 2007, Resolution Levying General Property Taxes for the Year 2007, to help defray the Costs of government for the Avon Metropolitan District, Avon, Colorado, for the 2008 Budget Year Councilor Carroll moved to approve the financial resolutions as listed above. Councilor Phillips seconded the motion and it passed unanimously. Scott Wright presented Resolution No. 07-49, Series of 2007, Resolution of the Governing Body of the Town of Avon Authorizing' the Execution and Delivery of a Master Equipment Lease- Purchase Agreement and separate Lease Schedules with respect to the Acquisition, purchase, Financing and Leasing of Certain Equipment for the Public Benefit, Authorizing the Execution and Delivery,of Documents Required in Connection Therewith; and Authorizing the Taking of All Other Actions necessary of the Transactions Contemplated by this Resolution. He noted that the Adoption of Master Lease-Purchase Agreement was with Comerica Leasing Corporation and meets requirements of the Tabor amendment as well as meets capitalization requirements per governmental accounting. Councilor Underwood moved to approve Resolution No. 07-49; Councilor'Dantas seconded the motion and it passed unanimously. TOWN MANAGER REPORT Lary Brooks, Town Manager, noted the correspondence handout from Collins & Cockrell dated November 30, 2007 related to the Eagle Vail Metro District and Eaglebend residents. NEW BUSINESS Eric Heidemann, Community Development Director, presented the Vail Architecture Group (Vag, Inc.) Contract for Harry'A. Nottingham Park Proposal dated to November 15, 2007. He noted that after staffs review of Vag, Inc. proposal to create a master plan for the park, they would recommend approval. The cost of the proposal was estimated at $140K: After brief discussion, a motion was made by Councilor Underwood to approve this contract. Councilor Ferraro seconded the motion and it passed unanimously. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to adopt the consent agenda; Councilor Phillips seconded and the motion and it passed unanimously. a. Minutes from November 27, 2007 b. Beaver Creek Metro District Agreement to provide fleet maintenance services (for transit buses) for 2008 (Jenny Strehler, Public Works/Transportation) Regular Council Meeting Page 5 of 6 07-12-11 . c. Beaver Creek Metro District Agreement to provide fleet maintenance services (on public works vehicles) for 2008 (Jenny Strehler, Public Works/Transportation) d. Western Eagle County Ambulance District Agreement to provide fleet maintenance services 2008 (Jenny Strehler,.Public Works/Transportation) e. Town of Red Cliff Agreement to provide fleet maintenance services 2008 (Jenny Strehler, Public Works/Transportation) f. Town of Mintum Agreement to provide fleet maintenance services 2008 (Jenny Strehler, Public Works/Transportation) g. Eagle River Water and Sanitation District Agreement to ~ provide fleet maintenance services 2008 (Jenny Strehler, Public Works/Transportation) h. Eagle River Fire Protection District Agreement to provide fleet maintenance services 2008 (Jenny Strehler, Public Works/Transportation) i. Parking lot agreement with ECO Transit (Jenny Strehler, Public Works/Transportation) j. Town Attorney Representation Agreement (John Dunn, Town Attorney) k. Resolution No. 07-50, Canceling December 25th Meeting There being no further business to come before the Council, the meeting was adjourned at 9:30 PM. APPROVED: Rich Carroll Dave Dantas Knsti Ferraro Amy Phillips Brian Sipes Tamra Underwoc Ron Wolfe Regular Council Meeting 07-12-11 Page 6 of 6 RESPECTFULLY SUBMITTED: