Loading...
TC Minutes 02-23-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 23, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Pro Tern Brian Sipes called the meeting to order at 5:40 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, and Buz Reynolds. Mayor Ron Wolfe was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Management Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Police Chief Brian Kozak, Assistant Town Manager Community Development Sally Vecchio and Public Works and Transportation Director Jenny Strehler as well as members of the public. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST There were no changes to the agenda. Michael Cacciippio asked if there would be public input on the Traer Creek appeal, it was noted that there would not be a public hearing on the matter. When asked if there were any conflict of interest related agenda items, Councilor Reynolds noted that he would step down for item 7 a) Gandorf Deed Restricted Housing Document. CONSENT AGENDA Mayor Pro Tern Sipes asked for a motion on the consent agenda. Councilor Dantas moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously. a. Minutes from February 9, 2010 ORDINANCES Town Attorney Eric Heil noted that public input had been received from the Eagle River Water & Sanitation District on Ordinance No. 10 -02, updating the Building Codes. Staff noted that they would need additional time to review this input, and therefore requested that Council continue action on the ordinance until the next meeting. Mayor Pro Tern Sipes opened the public hearing, no comments were made, and the hearing was closed. Councilor Phillips moved to continue Ordinance No. 10 -02, Series of 2010, Second Reading, Ordinance Adopting the 2009 International Building Code by Reference and Repealing and Amending Title 15 of the Avon Municipal Code in its Entirety to the March 9, 2010 meeting. Councilor Carroll seconded the motion and it passed unanimously. (Wolfe absent). UNFINISHED BUSINESS Councilor Reynolds stepped down at this time due to a conflict of interest. Eric Heil, Town Attorney, presented the "Deed Restriction Form" with a review of the language; it was noted that this document was prepared as a condition of approval for the Gandorf PUD. The revisions refined the terminology as well as defined the default, enforcement and option to purchase remedies in the event of default or foreclosure. He noted that a "qualified owner" would need to reside in Eagle County. Councilor Ferraro moved to approve the form of the deed restriction for the Gandorf PUD; Councilor Phillips seconded the motion and it passed unanimously by those present (Reynolds recused; Wolfe absent). RESOLUTION Shane Pegram, Engineer II, presented Resolution No. 10 -04, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 12, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. He noted that the applicant submitted a final plat to resubdivide the existing Lot 12 Block 3 into 2 district lots, Lots 12N & Lots 12S. After some brief discussion, Councilor Dantas moved to approve Resolution No. 10 -04, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 12, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. Councilor Carroll seconded the motion and it passed unanimously by those present (Wolfe absent). Shane Pegram, Engineer Il, presented Resolution No. 10 -05, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 13, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. He noted that the applicant submitted a final plat to resubdivide the existing Lot 13 Block 3 into 2 District Lots, Lots 13N & Lots 13S. Some discussion ensued about the driveway easements. Councilor Ferraro moved to approve Resolution No. 10 -05, Series of 2010, Resolution approving the Final Plat, a Resubdivision of Lot 13, a Resubdivision of Lots 12 and 13, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. Councilor Carroll seconded the motion and it passed unanimously by those present (Wolfe absent). Meryl Jacobs, Recreation Director, presented Resolution No. 10 -06, Series of 2010, Resolution Approving a Lease Form for the Recreation Center with a review of the proposed lease form to use for leasing Avon Recreation Center space for physical therapy services. Several comments were made related to the following: ✓ Include other remedies in case of default of the lease ✓ The lease should be comparable to other commercial leases ✓ Address what happens when there is a shut -down of the facility ✓ Address the times of services ✓ What are the terms for them on the maintenance of their premises ✓ How do we account for the initial $7K investment ✓ Include what are the damages for termination Councilor Ferraro moved to approve Resolution No. 10 -06, Series of 2010, Resolution Approving a Lease Form for the Recreation Center subject to revisions to be made by legal subcommittee and town attorney. Councilor Phillips seconded the motion and it passed unanimously by those present (Wolfe absent). It was also suggested to make sure the lease was executed prior to the improvements being made to the space. Mayor Pro Tem Sipes read into the record Resolution No. 10 -07, Series of 2010, Resolution in appreciation of Brian Kozak's Years of Service as Avon's Police Chief. APPEAL BY TRAER CREEK PLAZA, LLC Mayor Pro Tem presented the Appeal by Traer Creek Plaza, LLC concerning the Traer Creek Plaza, LLC Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal Code. He noted that Community Development staff and the town attorney would present first, and following them would be the applicant Traer Creek Plaza, LLC. Regular Council Meeting Page 2 of 4 10.02.23 Sally Vecchio, Assistant Town Manager Com Development presented a brief summary on the application, the timeline and milestones. She also referred to Avon Municipal Code Section 16.12.050 and her memo dated February 1, 2010 as the basis for the town clerk denying scheduling the application on the Council agenda. In summary there was no real resolution to their concerns outlined in this memo. Eric Heil, Town Attorney, referenced the Avon Municipal Code section 16.12.050(b) and the language that supported the Town Clerk's decision to deny scheduling the application; see memo dated February 2, 2010. Mr. Heil also spoke about Avon Municipal Code Section 16.12.050(c), and the town's position that the Traer Creek Metro District is in default under an agreement with the Town, which is asserted by the Town in Case No. 2008 CV 0385, filed in Eagle County District Court in Colorado. He noted several additional letters that needed to be included into the record as follows: ✓ December 23, 2009 letter from Mr. Heil to Mr. Repucci ✓ November 23, 2009 Letter from Mr. Repucci to Mr. Heil ✓ Letters of Notices of Default as follows: ➢ From Town Attorney to Darlene Sisneros dated 9/24/09 ➢ From former Town Attorney John Dunn dated: September 3, 2008 August 1, 2008 June 2, 2008 May 1, 2008 April 1, 2008 February 4, 2008 January 4, 2008 December 3, 2007 November 8, 2007 He asked that several email correspondence presented in the town council materials should be removed as these letters were confidential in nature between the town attorney and staff members. Only email correspondence between the town and the applicant will be included in the record. Mr. Heil noted that the code does require written finding be included as a report with the Council's decision. Representatives from Traer Creek Plaza, LLC included Michael Repucci, Repucci & Johnson LLP, Marcus Lindholm, and Michael Lindholm. He cautioned everyone about talking too much about the merits of the application, when the appeal is really about not placing the matter on the agenda. Mr. Repucci presented some of the issues that have been surrounding the application related to the public parking garage in light of the public financing to construct the garage. He referred to one suggestion to solving the concerns was addressed in the proposed plat map note 19; he noted that they are interested in understanding why this plat not does not address the town's concern. The applicant agrees that the parking should remain public into perpetuity. Mr. Repucci noted that their belief is that the PUD guide supersedes anything in the town's code; and the parking regulations of the PUD Guide were adopted and are final in guiding this application. Mr. Repucci addressed the issue related to "who is the land owner" and therefore who should be identified on the application. He noted that the only land owner is Traer Creek Plaza LLC, and that Traer Creek Metropolitan District is not a land owner. Mr. Repucci asked that the Town Council reverse the decision of staff and place the application back on an agenda so that it can be heard on its merits. Mr. Repucci asked that the record be closed at this time and no other documents would be used to make the final decision. Some discussion ensued about this request; Mr. Heil asked that the records he identified earlier be included in this record. Mr. Repucci asked that there is not further discussion with council members about this matter. Regular Council Meeting Page 3 of 4 10.02.23 Some further discussion ensued about "who" should be on the application. There were some questions and comments about the rights of those parties listed on easement agreements. It was noted that the letter dated November 23, 2009 from Mr. Repucci to Mr. Heil be included in the record. Mayor Pro Tern Sipes noted that the town attorney would provide a "findings of fact and final decision" to this matter for the next meeting. The Council was reminded that a decision would be required within 35 days of February 23, 2010. Some discussion ensued about the next meetings and if necessary, a special meeting would be called in order to meet the 35 day deadline. A request was made to close the record at this time, the record included the written communication on the application, and Mr. Repucci would be allowed to review the record. It was noted that the Annexation and Development Agreement, the Avon Municipal Code were not part of the complied notebook records, but should be included as part of the public record. Councilor Carroll moved to close the record on the appeal matter; Councilor Ferraro seconded the motion and it passed unanimously (Wolfe absent). There being no further business to come before the Council, the regular meeting adjourned at 7:45 PM. RESPECTFULLY SUBMITTED: QQ�G Patty McKenny own Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reyn Brian Sipes Ron Wolfe Regular Council Meeting Page 4 of 4 10.02.23