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TC Minutes 04-22-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD APRIL 22, 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 at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tem 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, Finance Director Scott Wright, Police Chief Jeff Layman, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Shane Bohart, Traer Creek Metro District, was present to inform the Council and community about the opening date of Home Depot. They are targeting a May 15th grand opening date. He noted that traffic would be directed to the store through East Avon on East Beaver Creek Blvd. Signage would be installed to provide directional information. Some information booths would be installed along the way as well. Larry Kilstrom, owner of Vail Valley Trading & Loan, was present to comment on such issues as the opening of the big box stores, transit services to the Village at Avon, signage issues and Eagle County funding issues. Town Manager Larry Brooks noted that staff would post directional signage that would hopefully tie Avon and the Village together. The monument sign donated by Lindholm will be installed shortly after the opening. Chris Pardee, Wildridge resident, thanked the Council for their decision to fund the Vail Recreation District programs that would allow Avon residents the in-district rates. Councilor Wolfe noted that this would serve as an opportunity for Vail & Avon to meet to discuss how rates between the districts might be addressed in the future. Ordinances At this time, Councilor Sipes informed the Council that he would step down from the discussion and any action on this topic due to a conflict of interest. Community Development Director Ruth Borne explained that the applicant, EXWMT, LLC, a subsidiary of the Traer Creek, LLC and the developers for the Village at Avon, submitted a PUD amendment for the purpose of creating facade improvements for three (3) new tenants and to expand the existing Wal-Mart store (Tract 131) by 12,000 square feet. The additional square footage requested arises as a result of discrepancies that exist between the existing Chapel Square PUD and other related documents. The additional square footage and adequate parking was contemplated in the original approval for Chapel Square PUD. She noted that P&Z Commission unanimously approved the PUD amendment. There was some concern from both parties over the 90-day time requirement to obtain a certificate of occupancy on the improvements. Staff provided some clarification on the conditions in the memo and the ordinance that was provided in the Council packet. Councilor D. Buckley moved to approve Ordinance No. 03-07, Series of 2003, An Ordinance approving a PUD Amendment to the Chapel Square PUD for Lots 22, 22A, Tracts A, 131 & B2, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Councilor Wolfe seconded the motion and- it passed unanimously on first reading (Sipes abstained). Councilor Sipes joined the podium at this time. Resolutions Town Planner Tambi Katieb presented Resolution No. 03-16. a Resolution that revises the Landscaping Design Guidelines for both the Residential and Commercial/Industrial sections of the plan. The P&Z Commission unanimously adopted the revised guidelines at an earlier meeting. Tambi noted that the legislation was written to encourage people to use less water on landscaping. Councilor P. Buckley moved to approve Resolution No. 03 16, Series of 2003, a Resolution approving Revised Landscaping Guidelines to Permanently replace existing Landscaping Guidelines in the Town of Avon Residential. Commercial and Industrial Design Guidelines - Procedures. Rules and Re4ulations as adopted November 6, 2001. Councilor McDevitt seconded the motion and it passed unanimously. Town Engineer Norm Wood presented Resolution No. 03-18, a request made by ATS Join Venture, owners of Lot 2, Phase II, Avon Town Square to resubdivide Lot 2, resubdiviing the existing condominium units (Units 101 through 105, Units 204 & 205). Mayor Reynolds opened the public hearing; no comments were made, so the hearing was closed. Councilor D. Buckley moved to approve Resolution No. 03-18, Series of 2003, Resolution approving the Preliminary Amended Supplemental Condominium Map of Avon Town Square Commercial Condominiums, Lot 2, Phase II, A Resubdivision of Units 101 through 105 and Units 204 and 205, Avon Town Square Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and it passed unanimously. New Business Councilor Wolfe moved to name the following applicants to the Planning & Zoning Commission: Buz Didier, Andrew Karow and Bob Trueblood for 2-year terms and Ron Neville to a one-year term. The motion was seconded and passed unanimously. Other Business Town Manager Larry Brooks raised two topics that were discussed at the earlier work session, the Vail Recreation District "buy-in" program and the Town Picnic. The Town Council agreed to participate in the "buy-in" program with the Vail Recreation District in the amount of $5,000. The Town Council agreed to expand the Town of Avon's 25th Anniversary Celebration to include a band & the sale of alcoholic beverages. The event has been combined with the Town's annual picnic in the park event. The Council agreed to spend an additional $7,800 on this event. Councilor D. Buckley moved to direct staff to submit a budget amendment in the future to include the above two amounts. Councilor Brown seconded and the motion passed unanimously. Town Attorney Report Town Attorney John Dunn provided another update to the EagleBend property situation. He reminded the Council that they tabled a resolution at an earlier meeting that would have initiated the exclusion of some of the property owners from EVMD. Since then the town has been presented a copy of a quit claim deed dated December 1, 2002. He noted that the Town's water attorney, Gary Greer, concludes that the water right conveyed by the deed is different from the water right which EagleBend partnership agreed to transfer to Eagle-Vail Metro in 1981. Currently Jim Porzak, attorney for EVMD, is reviewing the matter again and will back in touch. Dunn recommend that the Council continue to table this matter until a later date. Dunn clarified the fact that the water rights conveyed were more junior that the rights Eagle-Vail Metor District thought would be conveyed. Regular Council Meeting Page 2 of 3 April 22, 2003 Mayor's Report Mayor Reynolds commended Council members for their work on the respective committees. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley moved to approve the consent agenda. Councilor McDevitt seconded the motion and it passed unanimously. a. Approval of the April 8, 2003 Regular Council Meeting Minutes b. Resolution No. 03-17, Series of 2003, A Resolution approving the Condominium Map, Barrancas-1, Phase 1, A Resubdivision of Lot 40, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado c. Resolution No. 03-19, Series of 2003, Resolution approving the Final Amended Supplemental Condominium Map of Avon Town Square Commercial Condominiums, Lot 2, Phase, II, A Resubdivision of Units 101 through 105 and Units 204 and 205, Avon Town Square Subdivision, Town of Avon, Eagle County, Colorado There being no further business to come before the Council, the meeting adjourned at 6 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular council Meeting Page 3 of 3 April 22, 2003 RESKCTFULLY SUBMITTED: