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TC Minutes 01-14-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JANUARY 14, 2003 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor -Buz Reynolds called the meeting' to order afi 5:30 PM.. A roll. call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney John- Dunn" Town Clerk Patty McKenny, Human Resource Director Jacquie Halbumt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Community Development Director Ruth Borne, and Planner Tambi Katieb, as well as members of the press and public. Citizen Input Jeff Spanel, Intermountain Engineering, spoke about the Buck Creek Drainage project they assisting with. He presented the Council with a picture of the Town taken from an airplane, generally used for aerial topography. He also introduced several of his staff who have worked .on a' number of projects for the Town. Ordinances Public Hearing -.Second Reading Police Chief Jeff Layman Presented Ordinance No. 02-23, No. 02-24, No. 02-25, and.No. 02-26 for second reading. He noted there were no changes to the ordinances since first reading and indicated that basically these offenses would be written into Municipal Court instead of Eagle Court. Mayor Reynolds opened the public hearing for all ordinances, no comments were made, and the hearing was closed. The following motions were made: Councilor D. Buckley moved to approve Ordinance No. 02-23, Series of 2002 - Amending Title 9 of the Municipal Code of the Town of Avon relating to Bail Bond Condition Violations; and Providing Penalties for the Violation Hereof. Councilor Brown seconded the motion and it passed unanimously. Councilor Sipes moved to approve Ordinance No. 02-24, Series of 2002 -Amending Title 10 of the Municipal Code of the'Town of Avon Relating to Driver Licenses; and Providing Penalties for the Violation Hereof. Councilor McDevitt seconded the motion and it passed unanimously. Councilor Brown moved to approve Ordinance No. 02-25, Series of 2002 - Amending Title 9 of the Municipal Code of the Town of Avon Relating to Restraining Order Violations; and Providing Penalties for the Violation Hereof. Councilor Sipes moved to second the motion and it passed unanimously. Councilor McDevitt moved to approve Ordinance No. 02-26, Series of 2002 - Amending Title 10 of the Municipal Code of the Town of Avon Relating to Vehicle Registration; and providing for the Violation Hereof. Councilor Brown seconded the motion and it passed unanimously. First Reading Community Development Director Ruth Borne presented Ordinance No. 03-01 on first reading. She noted that the applicant; IDG3 LLC, submitted a PUD amendment for the purpose of extending the expiration deadline for one year. In July, Council granted a 6-month extension (Ordinance 02-17) of the Lot 61 PUD to allow the applicant to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD. That expiration date is February 3, 2003. She explained that in 1998 the original PUD was approved and in 2001 the Town Center Plan was approved. In the interest of continuing cooperation between the Town and the applicant, P&Z Commission recommended approval of the extension for one-year in Resolution 02-01. Staff has met with the applicant several times to discuss the relationship of Lot 61 PUD to the Town Center Plan and remains concerned that the Lot 61 site-specific development plan does not comply with the terms and conditions of the Town Center Plan. Specifically, the necessary road alignments, setbacks, access, and site constraints contradict the Town Center Plan. Because of these concerns with the site-specific development plan, staff recommended only a 6-month extension to the Commission. Applicant Michael Hazard, part of the ownership group of Lot 61, addressed the Council with regard to several issues noting the he thought it would be an opportunity to create a win-win situation for both developers and town. The intent of developer of course is to generate revenue for both them and the town and they are willing to wait to either create a new PUD based on implementing the town center plan or implement its existing PUD plan if the town center plan does not proceed. It has been some concern to the Town that this project has not proceeded thus far, as the Town would like to see some activity in the near future. Councilor P. Buckley was concerned about committing to a plan when the funding is not yet identified. Other Council members noted that the next step is to begin forecasting the costs of implementing the town center plan and at the same time continue to work with the developer of this lot to make it comply with the town center plan. The ordinance just makes it possible to do that by allowing the PUD extension. Mayor Reynolds reminded Council to consider that this is also a stand-alone project. Manager Brooks also noted that there are some boundary issues that exist. The Council will need to decide whether or not they will proceed with the approved mall plan (town center plan). He noted that the Lot 61 project would also have to stand alone as well as fit into the town center plan and more time is required to determine whether or not that can happen. Staff is basically recommending that the Town move forward first with action on this ordinance. He noted that other stakeholders are watching, but may not be willing to act first. Councilor McDevitt asked about the financial implications of proceeding with the plan, in other words, the cost of realigning the road, cutting up the bus system, etc. Councilor P. Buckley still expressed concern that one party has not been involved in the discussions thus far, i.e. Ski Company. Mayor Reynolds again asked the Council to consider the ordinance. Councilor Wolfe moved to approve on first reading Ordinance No. 03-01, Series of 2003, An Ordinance approving an Amendment of the Lot 61, Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed with a five to one vote (Councilor P. Buckley-nay). Town Engineer Norm Wood presented Ordinance No. 03-02, revising the existing subdivision review fees. He noted that the ordinance revises the subdivision review fee schedule to more accurately reflect the actual costs associated with the review of the various type subdivisions. The costs have been estimated in accordance with the personnel hourly rate calculations and proposed subdivision review fees. There was also a comparison with the current Eagle County and Town of Gypsum fee schedules. He noted that the current fees were adopted more than 20 years ago. Councilor Wolfe commended Engineer Wood on his proposal noting that it is a fact based development of fees and defendable to those who will pay for them and criticize them. Regular Council Meeting Page 2 of 5 January 14, 2003 Councilor McDevitt moved to approve. Ordinance No.~ 03-02, Series 2003, an Ordinance repealing and reenacting Section 16.12.040 of Title 16 of the Avon Munciipal Code (Subdivision Review Fees). Councilor Brown seconded the motion and the motion passed unanimously. Resolutions Community Development Director Ruth Bome presented Resolution No. 03-01. She explained that staff had "revisited labor and overhead costs associated with both zoning and design review applications, working closely with engineering department to arrive at a comprehensive proposal for revising the fees. There are some areas where new fees have been proposed; examples such as sketch plan review and administrative PUD amendments. The P&Z Commission adopted the fee schedule at their January 7t' meeting. Councilor D. Buckley moved to approve Resolution No. 03-01, Series 2003, A Resolution revising Fee Schedules for Zoning and Design Review Applications, Town of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed with a majority vote (Councilor P. Buckley-nay). Councilor P. Buckley did not see that now is the time to increase the costs to build in Avon. Other Councilors noted that increasing the fees provided a more equitable way of covering administrative costs. The Town Council considered resolution No. 03-02, Series 2003, A Resolution establishing a Town of Avon Battle Mountain High School Scholarship Fund. Mayor Reynolds is donating his salary from the Town to a fund that will be used to award scholarships to two students graduating from Battle Mountain High School. Finance Director Scott Wright noted that an interest bearing account would be setup and there would require official Council action through a resolution. Councilor D. Buckley moved to approve Resolution No. 03-02, Series of 2003, A Resolution Establishing a Town of Avon Battle Mountain High School Scholarship Fund. Councilor Brown seconded the motion and it passed unanimously. Town Engineer Norm Wood presented Resolution No. 03-03, a resolution approving an amendment to the SIA for Buffalo Ridge Affordable Housing Corporation. BRACH and BRIT, LLLP, developers of Buffalo Ridge affordable housing project, requested a modification to the SIA which would limit the requirement for retainage held on progress payments for the public improvements to 10% of the first 50% of construction costs. No further retainage would be withheld so long as the Town is reasonably satisfied with the progress and quality of the work. The revision is consistent with typical construction contract documents and is also consistent with provision in The Village (at Avon), Filing 1 SIA. He noted that the proposed modification also conforms to minimum requirements of the subdivision security provisions in the Avon Municipal Code and with the HUD funding requirement for the project. Councilor P. Buckley asked if approving this amendment would create any increase in costs to the Avon taxpayer; Engineer Wood indicated that it would not. Councilor D. Buckley moved to approve Resolution No. 03-03, Series 2003, A Resolution approving Amendment to Subdivision Improvements Agreement for the Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado. Councilor grown seconded the motion and it passed unanimously. Town Engineer Norm Wood presented Resolution No. 03-04, approving a preliminary plat. He noted that Stratford at Avon, LLC, owner's of Lots A and B, Avon Center at Beaver Creek, submitted a Preliminary Plat for the Second Amended Condominium Map and Resubdivision of Lots A and B, Avon Center. It was noted that the resolution is basically a housekeeping item, Regular Council Meeting Page 3 of 5 January 14, 2003 but did require a public hearing. Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed. Councilor McDevitt moved to approve Resolution No. 03-04 - Series 2003, Resolution approving Preliminary Plat for the Second Amended Condominium Map and Resubdivision of Lots A and B, Avon Center at Beaver Creek, a Resubdivision of Lots 47, 48, 49, 50, 51, 52, 53, & 54, Amendment No. 4, Town of Avon, Eagle County, Colorado (130 W. Beaver Creek Boulevard). Councilor Buckley seconded the motion and it.passed unanimously. New Business Councilor P. Buckley noted that Estoban Salazar, a new business in Avon, would be offering legal and tax services. His business is bi-lingual. Town Manager Report Town Manager Brooks noted that the discussion on mission, vision, and values and Hurd Lane road improvements would be scheduled for the next work session meeting. Councilor D. Buckley requested that a little more time be scheduled for discussion at the work session. Town Attorney Report Town Attorney John Dunn provide the following information on when to publish notices: ✓ If Council members received an invitation as a group, they should contact Patty and if 3 or more plan to attend, then she would need to post the meeting notice. ✓ If council members received an invitation individually, and it is clearly directed to the member in his/her official capacity, they should contact,Patty with a copy of the invitation and let her know whether or not you are attending. If there are 3 or more attending, then she should post the notice. ✓ If Council members attended a meeting that they were not invited to or were invited to as a member of the general public, and three people attend, then the members should not engage in conversations with each other. It is then not necessary to publish. Town Attorney answered a question related to Resolutions and where they should generally appear on the agenda. Some resolutions are consent items, if a public hearing is required, then a resolution is considered under its own category. There is nothing specifically stating where resolutions should be-considered. Mayors Report Mayor Reynolds thanked Council member for their work thus far on the committees. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley moved to approve the consent agenda below. Councilor Brown seconded the motion and it passed with a majority vote (Councilor P. Buckley - nay). a. Approval of the December 10, 2002 Regular Council Meeting Minutes b. Resolution No. 03-05, Series of 2003, A Resolution Designating Locations for Posting Meeting Notices c. Resolution No. 03-06, Series of 2003, A Resolution Approving the Law Enforcement Assistance Fund (LEAF) Contract #L-0503 d. _ Resolution No. 03-07, Series of 2003, A Resolution approving the Final Plat for the Second Amended Condominium. Map and Resubdivision of Lots A and B, Avon Center at Beaver Creek, A Resubdivision of Lots 47; 48, 49, 50 51, 52,53, & 54, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado (130 W Beaver Creek Boulevard) e. Audit Engagement Letter-Clifton Gunderson LLP f. Service Agreement with Eagle River Fire Protection District Regular Council Meeting Page 4 of 5 January 14, 2003 g. Service Agreement with Eagle County Ambulance District h. Village at Avon, Filing 1 - Turner Collie & Braden, Inc. - Construction Management/inspection Services Agreement There being no further business to come before the Council, the meeting adjourned at 6:45 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting January 14, 2003 RES C FULLY SUBMITTED: PattcK nny, Tgwrr~ erk Page 5 of 5