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TC Minutes 12-12-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD DECEMBER 12, 2006 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, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public Works/Transit Director Bob Reed as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST The agenda was approved with the addition of some work session items to address during unfinished business. Town Attorney John Dunn asked if there were any exparte communication contact related to the Village at Avon PUD application. Mayor Wolfe noted that he had a lunch meeting with Charlie Moore & Bruce Milke, both from the Eagie River Fire Protection District, to discuss needs of the fire district. When asked if the inform ation presented at the meeting would hinder his decision-making with regard to the application, Mayor Wolfe responded that it would not. No other conflicts were identified. STAFF UPDATES Bob Reed, Transit Manager, presented a transit update with a. review of current services and transit ridership for existing and new routes. There was a request to'obtain Avon center activity from ECO and the number of transfers vs. ECO riders. Information was presented about some of the following: ✓ Ridership at the Wal-Mart area is very good ✓ Overall Avon routes are doing well with riders going to City Market and Wal-Mart ✓ Routes would change slightly after the gondola is operating ✓ Ridership on the skier shuttle is high It was requested that an update be provided on the routes that will exist once the gondola opens. Brian Kozak, Police Chief presented a recap of the results of the Avon Police Department Survey that were distributed in Wildridge. He also presented an update on the Gore Range DUI Task Force, multi-law enforcement agencies working together to join resources to fight against drunk driving. A review of the proposed police cars was presented. Mayor Wolfe noted that the Town's Historical Preservation Committee submitted the Nottingham Power Plant (built in 1928) for a listing on the State's Historical Register and the application was recently accepted on the register. The archeologist who drafted the application will be visiting the Avon Library to make a, presentation late January. RECREATION CENTER SPECIAL EVENTS UPDATES Danita Chirichillo, Special Events Coordinator, presented updates on the following events: ■ - Icing on the Lake, December 16, 2007 - special event to launch the opening of the cabin and winter skating season ■ Rocky Mountain Pond Hockey Tournament, January 19-21, 2007 - event benefiting local youth hockey programs ■ Whitewater Rodeo Series Event to be held May 15, 22, 29 and June 5, 2007 & discussion of Contract with Untraditional Marketing Joe Blair, VP Operations was present to answer questions about the event. He noted that Mountain Games, LLC would be managing the event and the agreement would be with that group. He also described numerous marketing efforts that will happen valley wide to get attention for this event. Chirichillo noted that there might be a title sponsor for this event, she will confirm at a later date. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION Eric Heidemann, Community Development Director presented the Village at Avon Planned Unit Development Application, Amendments to the 2001 village at Avon PUD and related legislative actions as follows; (public hearing were required on these ordinances): ➢ Ordinance No. 06-16, Series of 2006, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to permit Emergency Service Uses within Planning Area N, Filing 3, Village at Avon Subdivision (Review of Village at Avon application in connection with a recommendation of the Planning and Zoning Commission, to allow emergency service uses within Planning Area N) ➢ Ordinance No. 06-17, Series of 2006, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to Relocate Planning Area G, from Planning Area RFM-1, Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision (Review of Village at Avon application in connection with a recommendation of the Planning and Zoning Commission, moving Planning Area "G" (approximately 7.3 acres) to its new location within the presently planned "Planning Area "D" Village at Avon PUD) ➢ Resolution No. 06-53, Series of 2006, Resolution Denying a PUD Amendment Application to Amend the Village at Avon PUD to Relocate Planning Area G, which is and will remain designated for a school to be operated by the Eagle County School District from Planning Area RFM-1, Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision (Consideration of action denying the PUD Amendment moving Planning Area "G" (approximately 7.3 acres) to its new location within the presently planned "Planning Area "D" Village at Avon PUD) He noted that the application was broken into two parts and two recommendations have been made, one by staff & and one by Planning & Zoning Commission, both of which are outlined in the council packet memo. The current legislation takes into consideration recommendations made by P&Z Commission. It was noted that the council packet memo also included an evaluation of the PUD amendment against the criteria outlined in the Avon Municipal Code as well all recommendations made by staff & P&Z Commission. The proposed amendments to the PUD focus on the following: ✓ Relocating Planning Area G on the PUD Development Plan, which is and will remain designated for a school to be operated by Eagle County School District: ✓ Planning Area D, which is to be adjusted to allow the school to be located within its existing boundaries ✓ Planning Area N, which is to now, accommodate two separate facilities for the Eagle County Health Services District and the Eagle River Fire Protection District (which happened by way of a text amendment to the PUD guide). Regular Council Meeting Page 2 of 6 December 12, 2006 John Dunn, Town Attorney, noted that a site tour was conducted of the property; that Council Members viewed the two sites and looked at the new school site location. Activity was limited to questions; Dominic Mauriello of Mauriello Planning Group & representing Traer Creek LLC, was present to answer questions. Letters commenting on the application from Eagle County Health Services, Eagle River Fire Protection District and the Eagle County School District have been included in Council's packet. Heidemann made some comments regarding the framework of how,the land is transferred to the,school district and how the special review use process works. It was also noted that the application was not a reduction of dwelling units, but rather just moving the units around; it.is not changing the total allowed 2400 dwelling units., Letters were also provided regarding the Filing 3 Subdivision. -Dominic Mauriello, representing Traer Creek -LLC, made a slide show presentation on the Village at Avon PUD application, making comments on.,some of the following topics below: 'He noted that the application was submitted as one, but the town chose to-.break it into two portions as described above. Presented PUD Guide & Annexation and Development Agreement ■ Described aerial view of the of property ■ Presented map of original PUD and details of original PUD ■ Reviewed 2004 Filing 3 Final Plat Reviewed size of land for the school ■ Reviewed original PUD build out concept and current PUD plan Provided current & original PUD' maps ■ Described proposed PUD amendment ■ Reviewed PUD criteria, noted that it is consistent with Avon's Comprehensive ~Plan's,~ . goals & not much different than the original PUD plan ■ Reviewed public benefit criteria & the value of emergency services ■ Reviewed response to staff reports & noted there were letters of support from Eagle River Fire Protection District ("ERFPD") & Eagle County Ambulance District ■ Several comments were made in rebuttal to staffs report ■ Reviewed status of geotechnical report / hopefully to be-.completed in about' six months ■ Responded to recommendations and proposed conditions ■ Commented on P&Z recommendations with conditions, & supported their recommendation ■ Discussion ensued on the soils testing completed in the Swift Gulch road area & the request for the soils testing to be completed in the proposed area for the school site. Pedro Campos, Vag; Inc., representing the Health Services District, presented numerous sketches of the facility in the proposed locations. Topics addressed throughout his study fo the project included: will the facilities work on the parcels proposed ➢ will the facilities work together located on the same parcel ➢ how parking & access & location to 1-70 works for the facilities After some comments & questions submitted by Council were discussed, Mayor Wolfe opened the public hearing for the school matter and the following people commented: ■ .Maryann Stavney, school board member, Eagle County School District, commented that if the site is not buildable; then the site is not acceptable to the School District, fully, supported the Planning Commission with the conditions / ■ Chris Green, resident & P&Z Commissioner, commented that it is the town's responsibility Regular Council Meeting Page 3 of 6 December 12, 2006 that the piece of property for the, school site is adequate for building Karen Strakbein, 'Business Office, Eagle County School District, commented on which sites are preferable and noted that the letter included in, the packet dated January 6, 2006 summarizes the District's position Munsey Ayers, attorney representing Traer Creek LLC, noted that the developer will deliver a 'buildable site for the school district Mayor Wolfe opened the public hearing and asked for public input on the emergency services proposal ~of the application: ■ Fred Morrison General Manager, Health Services District, reinforced the immediate need for the site at about half-an acre ■ Dr. Larry Brooks, Board member for Health Services District, supported and expressed the' immediate need this facility in Avon ■ Charlie Moore, ERFPD, -noted their need for a new headquarters and would prefer one acre for a headquarters, not just certain the location is ideal for the fire district ■ Bruce Milke, Chairman of ERFPD, commented that the district is in the middle of the master plan analysis and no hard facts exist at this time ■ Munsey Ayers noted that the developer is interested in supporting both the emergency services kthe school district and need the zoning in order to convey the land ■ Jamie Fitzpatrick, Corum Real Estate Group, presented comments regarding their opposition.to the PUD due to the developer' not paying it debts owed them for construction of the Buffalo Ridge Affordable Housing project Mayor Wolfe closed the public hearing and council discussed ensued on various topics which resulted in some suggested directives to include in the ordinance for second reading: ■ Planning Area N - Use Tract E for emergency services ■ Planning Area N - locate only the fire protection district on Tract E with a conveyance of the land completed no later than April 2007 ■ Subdivide Tract E and create a new Tract F for the Eagle County Health Services District ■ Review a subdivision application for the newly created Tract F before April 2007 ■ The subdivision application should include public restrooms at the facility for the public benefit of the adjacent park visitors ■ Convey both parcels to each district as soon as it is platted ■ Approval of emergency services uses as a permitted use ■ It was also requested that the legal subcommittee review the drafted changes Councilor Underwood move to approve on first reading Ordinance No. 06-16, Series of 2006, An Ordinance Approving a PUD Amendment Application amending the Village at Avon PUD to permit Emergency Service Uses Within Planning Area N, Filing 3, Village at Avon Subdivision suggested conditions as noted above. Town Attorney John Dunn noted that the following be struck from the ordinance - as more specifically described in the application dated September 6, 2006. Mayor Pro Tem Sipes seconded the motion and it passed unanimously with a roll call vote. Mayor Wolfe asked that Council now address Ordinance No. 06-17, the matter of changing the school site location. In summary, the council requested that the developer meet the entire criteria outlined in the Eagle County School District letter dated January 3, 2006. Attorney Munsey Ayers noted that the understanding of the developer is that they will convey a proper Regular Council Meeting Page 4 of 6 December 12, 2006 site to the school district, that the developer evaluates the site to determine that they will move through the process and it would be done economically and feasible for the developer. Town Attorney John Dunn noted that the following be struck from the ordinance - as more- specifically described in the application dated September 6, 2006. Mayor Pro Tern Sipes moved to' approve Ordinance No. 06-17, Series of 2006, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to Relocate Planning Area G, from Planning Area RFM-1, Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision with the following conditions suggested: ■ Within 12 months the Developer must be ready to convey to the school district in a condition meeting the school districts approval ■ Within six months of the school district's request for the need for the site, the developer will submit an application ■ To complete due diligence & provide a site specific geotechnical report within 12 months for town review • The Town will not issue any building permits for any other planning area for the Village at Avon Councilor Dantas seconded the motion and it passed unanimously with a roll call vote. RESOLUTIONS Mayor Wolfe presented the following Resolutions for consideration: Resolution No. 06-54, Series of 2006, Resolution Levying General Property Taxes for the Year 2006, to help defray the costs of Government for the Town of Avon, Colorado for the 2007 Budget Year Resolution No. 06-55, Series of 2006, Resolution Levying General Property Taxes for the Year 2006, to help defray the costs of Government for the Avon Metropolitan District, Colorado for the 2007 Budget Year ■ Resolution- No. 06-56, Series of 2006, Resolution Authorizing the use of previously approved Governmental Lease-Purchase Master Agreement dated March 28, 2003 and Approving a Supplement Thereto and related Documents and Certificates • Resolution No. 06-57, Series of 2006, Final Duplex Subdivision Plat Approval, Lot 40, Block 4, Wildridge, Town of Avon, Eagle County, Colorado ■ Resolution No. 06-58, Series of 2006, Canceling December 26, 2006 Regularly Scheduled Council Meeting With no concerns or comments on any of the above resolutions, Mayor Pro Tern Sipes moved to approve Resolution Nos. 06-54, 06-55, 06-56, 06-57, 06-58; Councilor Ferraro seconded the motion 'and it passed unanimously with a roll call vote, all resolutions were adopted simultaneously. TOWN MANAGER REPORT Town Manager Larry Brooks noted that a Urban Land Institute presentation would be held on Friday at 8 Am in the Cascade Village with a report on Eagle County, affordable and attainable housing proposing action plans. He encouraged anyone to attend. Regular Council Meeting Page 5 of 6 December 12, 2006 Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda, as follows: a. Minutes from November 28, 2006 b. Avon Streetscape Lighting Conversion Change Order No. 1, Extend Sturgeon Electric Contract Completion Date from November 2, 2006 to December 22, 2006 c. Matrix Design Group Conditions Survey Agreement (Scott Wright, Finance Director) Agreement that sets forth the terms & conditions under which a survey will be conducted and prepared for the urban renewal plan d. Mountain Games, LLC Agreement for Avon Whitewater Rodeo Series (Danita Chirichillo) Contract with Untraditional Marketing for event management Councilor Underwood moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. There being no further business to come before the Council, the regular meeting adjourned at 10:40 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 6 of 6 December 12, 2006 RESPECTFULLY SUBMITTED: r. REGULAR MEETING OF THE AVON TOWN COUNCIL HELD DECEMBER 12, 2006 The following are notes from the minutes as a result of listing to the audio tape related to the following ➢ Ordinance No. 06 -17, Series of 2006, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to Relocate Planning Area G, from Planning Area RFM -1, Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision (Review of Village at Avon application in connection with a recommendation of the Planning and Zoning Commission, moving Planning Area "G" (approximately 7.3 acres) to its new location within the presently planned "Planning Area "D" Village at Avon PUD) (Numbers equate to tape location) 200 - 263: Sipes talking about the participation of the three parties in selecting a school site, noting the importance of Karen Strakbein's testimony and letter, 264 - 300: Underwood talks about access to the site An explanation is provided by Mauriello 300 - : discussion regarding RMF1 Recommendation to ask the school district to help select the site 370 - : Sipes talks about including further conditions 399 - : Sipes talks about when will the developer know if they can deliver a site and in what condition 465 - 528: Munsey Ayers stated "that within 12 month period of time, we can have a soils report for a preliminary plan. Based on that data, if site can't work, then move to process of looking at an alternate site. He suggested that a likely scenario is that before "G" is needed, wherever it is located, it is a function of students coming into being, there would be development in "D" adjacent to it." 529 - 555: Councilor Sipes stated "that what he would want to see is at the end of 12 months or maybe if it takes 14 months, you've done the necessary engineering to be able to emphatically say you can deliver the site to the school district at whatever their current standards are, in 12 or 14 months, for that site, and that is utilities to the property site, access, soils, more than just borings. The time you take or need is to do more than just the soils tests." 555 - : Mr. Ayers stated "that the level of engineering work that is at the preliminary plan stage in your process, not submitting a preliminary plan per se, but the level of soils engineering work required at preliminary plan, which is the where the bulk of the resolution takes place." 570 - : Sipes states that the Town is the conduit for this process. Further comments on meeting the needs of the school district with regard to utilities, etc. 600 - : Sipes states "You will deliver a site in a manner acceptable to the school district to the school district, meeting all of their criteria. 606 - 639: Wolfe proposed an alternative, noting that it is similar to the gates 640 — 669: Sipes again ask that the developer agree to deliver a buildable location, that the town serves as the conduit. 670 - 684: Attorney Munsey Ayers noted that they can get to a comfort level of delivering a site. 700 - 723: Brooks has question related to whether or not the developer is making a commitment to convey compliant site to school now and what developer is asking for is if that happens within 12 months 724 - 747: Ayers stated that "the understanding of the developer is and has been that we will convey a school site at the proper time to the school that is buildable with utilities to the property lines, whatever, and that is what we have expected to do and that's what we intend to do. And doing that we'll have to go through preliminary plans, final subdivision plat, get a conveyable site, answer all the engineering questions. We think it will be where we are proposing it." 748 - 760: Brooks asked if the developer will comply with their request. The question remains as to if that will happen in 12 months, if that site will work. 760 - 780: Ayers responded that "we will comply with the town's process for getting a final plat that is legally conveyable in a condition that is what their requirements want at the time. Today we are not prepared to do that, because they do not need it today." 778 -787: Sipes stated that it should be noted that the site being proposed this evening is the preferred site. Spoke about the criteria being discussed and future criteria. 787 - 805: Phillips concerned about the statements being made related to the timing of the commitment in preparing the site, whether it is required now or in the future. 805 - 851: Sipes noted that the developer will provide the site in an acceptable condition comply with the criteria set out in the letter submitted recently. 852 - 886: Ayers commented on the 12 month period of time as a time for evaluation of the site and made a determination that we are comfortable to go through the process, can live with economically and move forward or decide they can not and then need to look at other sites. 890 - 935: Sipes commented on needing assurances from the developer as to completion dates. Discussion ensued on the timing as it relates to when the school district notifies the town it needs the site. 936 - 990: Strakbein comments on the timing of needing the school. 995 - 1022: Ayers comments on the timing of needing the school; how the process begins, and what it might look like. 1025 - 1054: Brooks commented on the timing and the process. 1055 - 1090: Heidemann raises the question of what the trigger if the proposed site is not adequate. Discussion ensued on 1091 -1124 Sipes again refers to the town as being a partner in the process he acknowledges that we are partners and if the developer makes a statement that the site meets the criteria, then it will work all the way through to the end. 1128-1130 Ayers noted that they have an obligation and we will perform our obligation. Page 2 of 3 1133 - 1145: Underwood noted that what they have gotten tonight that they have not heard before is that in addition to the 7.3 acres remanded under the development and annexation agreement is that it will be build ready, utilities to the property line and a buildable site with proper grades and all of that which we don't have a contractual commitment to now. 1150 - 1172: Discussion ensued about parcel G and taking action on the ordinance 1173-1189 Phillips asked about the parcels. 1190 - 1210: Ayers asked about the sites, ABCDF in limbo during 12 month period; at end of 12 month period, a commitment about G would be made. 1211 — 1263: Ayers spoke about how the process and that they would know which sites were being considered. 1275 - 1312: John Dunn reads notes taken related to motion. 1315 - 1333: Discussion ensued to "standing down" on further development of sites identified; as agreed to by Ayers. 1335-1357 Timing of approval of the soils report 1375-1384 Motion made & approved. Submitted by Patty McKenny, Town Clerk Page 3 of 3