TC Minutes 02-24-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 24, 2004
A regular meeting of the Town of Avon, Colorado was held at 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 Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney
John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town
Engineer Norm Wood, Finance Director Scott Wright, Community Development Director Ruth
Borne, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director
Meryl Jacobs as well as members of the press and public.
Citizen Input
Mayor Reynolds noted that the application associated with Ordinance No. 04-02 had been
withdrawn per a letter from the applicant's attorney. The ordinance pertained to an Amendment
to the Wildridge Planned Unit Development (PUD) for Lots 21 and 30, Block 2, Wildridge
Subdivision, Town of Avon, Eagle County, Colorado, located at 2631 Bear Trap Road & 2967
June Creek Trail. Applicants Formations LLC & George Plavec were seeking a PUD
Amendment to the Wildridge PUD for creating 10-single family lots in Wildridge.
Police Chief Jeff Layman was present to introduce new employees - who were unable to make
the meeting, as well as mention that one police officer, Steve Ford, would be leaving for Iraq to
train police officers.
Chris Kontogiannis, CSC Land Development of Eagle, Colorado, was present to address the
Council with respect to the Geneva Crown Club project (formerly known as L'Auberge &
Chateau St. Claire), located at 3874 Hwy 6 & 24. He noted that he had been before the Council
in January and had since then provided a bond instrument to cover the costs of restoring the
site if the project did not proceed. It was noted that staff deemed that the instrument was not
acceptable and therefore rejected it. The applicant informed Council he had spoken with the
Town Manager who requested a more adequate instrument in the form of a letter of credit or
cash bond be submitted. He asked the Council if it would be acceptable if he submitted the
cash bond or letter of credit within 30 days, would he be able to get another extension on the
building permit. He noted that he would be securing the financing in the next 14 days. After
some further Council questions and discussion addressing the proposed timeframe of the
extension and the status of the building permit, a motion was made.
Councilor Wolfe moved that the developer of the Chateau St. Claire PUD be granted an
extension to and including March 29, 2004 to comply with the Council's motion adopted on
January 27, 2004, by providing a letter of credit or cash in the amount of $60K. Sipes seconded
the motion. Wolfe continued by stating that that the compliance with the motion adopted on
1/27/04 includes the provision that the building permit has been reinstated by virtue of that
language. All agreed, as well, that no work would be performed on the project until the Town of
Avon received the letter of credit or "cash. The motion was approved unanimously. The
applicant again asked and it was confirmed that the building permit be reinstated.
Ordinances
Town Attorney John Dunn presented Ordinance No. 04-03, Series of 2004, on first reading, An
Ordinance Amending Title 17, Municipal Code of the Town of Avon, as it relates to Hearings on
Zoning Amendments. He reviewed the some of the requirements for public hearings in
connection with the approval of planned unit development ("PUD's") and amendments to PUD's
and outlined the recommended changes to the municipal code relating to public hearings. He
reiterated that this applies to only those applications submitted for zoning changes. Some
further discussion ensued and a motion was made. Councilor P. Buckley moved to adopt
Ordinance No. 04-03, Series of 2004, on first reading, An Ordinance Amending Title 17,
Municipal Code of the Town of Avon, as it relates to Hearings on Zoning Amendments. - Mayor
Pro Tern McDevitt seconded the motion and it was approved unanimously by a roll call vote.
Public Hearing and second reading on the Ordinance were set for March 9, 2004.
Town Manager Larry Brooks addressed the Council regarding allegations made by Shane
Bohart regarding the attention his PUD application received by Town staff throughout the
process. The applicants, Formations LLC & George Plavec, were seeking a PUD Amendment
to the Wildridge PUD for creating 10-single family lots in Wildridge. Brooks noted that he
conducted a thorough investigation regarding the allegations made about the mishandling of the
application and in summary, found no evidence of mishandling of the application. Town
Attorney John Dunn also referred to the letter from Munsey Ayers (Often, Johnson, Robinson,
Neff & Ragonetti P.C.), attorney for the applicants, which indicated the formal withdrawal as well
as a request that Council consider waiving the application fees if a re-submittal occurs.
Councilor Wolfe did not see that it would be acceptable to waive any fees, since the original
fees covered the work completed on an application that was withdrawn. All Council agreed with
this position. Mike Dantas, resident, made a few comments regarding the process on this
application.
Resolutions
Finance Director Scott Wright presented Resolution No. 04-07, Series of 2004, A Resolution to
amend 2004 Budget. He noted that the budget amendment is proposed for the General Fund,
Transit Enterprise Fund, Fleet Maintenance Fund and the Equipment Replacement Fund for
various changes since the 2004 budget was adopted in November. The memo submitted in the
Council packet outlined the changes that were included in the amendments. Councilor Wolfe
asked about the position addition in Community Development; Town Manager Larry Brooks
explained the justification for the position as well as the role of the planner one position.
Councilor D. Buckley noted a conflict of interest with regard to action on this resolution due to
her contract with the Town on website development. Councilor Sipes moved to approve
Resolution No. 04-07, Series of 2004, A Resolution to amend the 2004 Budget. Councilor
Brown seconded the motion and it passed unanimously by those voting (D. Buckley abstained
from voting).
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved
to approve the consent agenda; Councilor D. Buckley seconded the motion and it passed'
unanimously.
a. Approval of the February 10, 2004 Regular Council Meeting Minutes
b. Xerox Lease Agreement for copier in Community Development (Scott Wright)
Regular Council Meeting Page 2 of 3
February 24, 2004
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
February 24, 2004
Acoustic/Noise_mitization_on Lot 61 PUD'(Development Amement Section 3.5d)
Proposed and agreed to by staff:
Noise,generated by public transportation vehicles at the proposed Transportation Center
shall be reduced to the maximum extent reasonably possible and in no case shall it raise
the ambient sound level above the No Impact for Category 1 or 2 Sites as shown in the
following Table 3-1 from Transit Noise and Vibration Impact Assessment, Final Report
April 1995, prepared by Harris Miller Miller. & Hanson, Inc.' for the Office of Planning,
Federal Transit Administration, U. S. Department of Transportation. The existing level
of ambient noise, project noise and allowable noise levels shall be established in
accordance with applicable procedures, methods and criteria conforming to the above
referenced Impact Assessment, Final Report.
The owner of Lot 61 will assume responsibility for the isolation of vibration transmission
to the structure, supporting the residential and commercial occupancies, from the
Transportation Center.
The owner of Lot 61 will assume responsibility for the attenuation of sound transmission,
from the Transportation Center to the residential and commercial occupancies such as the
introduction of acoustic blankets, resilient suspension devices and the like associated with'
the base building construction.
The--Town of Avon will'assume_the responsibility of constructing the-specific - -
Transportation Center shelter and transit administrative office. They will be designed
with sufficient mass and structural isolation to provide whatever measures needed to
attain the acoustic criteria.
Proposed in your copy of development agreement:
Noise generated by public transportation vehicles at the proposed Transportation Center
shall be reduced to the maximum extent reasonably possible and in no case shall it raise
the ambient sound level above the median between the No Impact and the Impact Levels
for Category 1 or 2 Sites as shown in the following Table 3-1 from Transit Noise and
Vibration Impact Assessment, Final Report April 1995, prepared by Harris Miller Miller
& Hanson, Inc. for the Office of Planning, Federal Transit Administration, U. S.
Department of Transportation. The existing level of ambient noise, project noise and
allowable noise levels shall be established in accordance with applicable procedures,
methods and criteria conforming to'the above referenced Impact Assessment, Final
Report.
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