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TC Minutes 05-11-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MAY 11, 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, and Ron Wolfe present. Mayor Pro Tern Mac McDevitt was not present. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community Development Director & Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs as well as members of the press and public. Ordinances Finance Director Scott Wright presented on second reading Ordinance No. 04-06, Series of 2004, An Ordinance of the Town of Avon, Eagle County, Colorado, Granting by Franchise to Public Service Company of Colorado, its affiliates, successors and assigns, the right to use the Streets within the Town to furnish, sell, transport and distribute gas to the Town and to all Residents of the town, granting the right to acquire, construct, install, located, maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell, transport, and distribute gas within and through the Town; and fixing the Terms and conditions thereof. He noted that this was the ordinance tabled at the last meeting. He explained that this ordinance would adopt a franchise agreement with Public Service Company of Colorado ("PSCo°)and in summary it conveys the right to PSCo to provide public utility service (in this case natural gas) within the Town of Avon boundaries and allow the use of Town rights-of-way for the location of utility facilities and equipment, in exchange for the payment of a franchise fee. He explained that the rights are non-exclusive and the Town reserves the right to make or grant a similar franchise to any other company. The terms proposed is twenty years and the franchise fee proposed is equal to three percent (3%) of revenues. Revenues generated by this fee in 2003 were $47,404. It was thought that second reading of the Ordinance would occur at the meeting on May 11th. Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed. Councilor Wolfe moved to adopt on second reading Ordinance No. 04-06, Series of 2004, Granting by Franchise to Public Service Company of Colorado, its affiliates, successors and assigns, the right to use the Streets within the Town to furnish, sell, transport and distribute gas to. the Town and to all Residents of the town, granting the right to acquire, construct, install, located, "maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell, transport, and distribute gas within and through the Town; and fixing the'Terms and conditions thereof. Councilor Sipes seconded the motion and it passed with a four to one vote (Brown, D. Buckley, Sipes, Wolfe - yea; P. Buckley - nay based on the duration; McDevitt absent). Town Attorney John Dunn presented on first reading Ordinance No. 04-07, Series of 2004, An Ordinance Amending Titles 2 and 17, Municipal Code of the Town of Avon, as it relates to Appeals from the Decisions of the Planning and Zoning Commission. He noted that it is an ordinance that was drafted to clarify and consolidate the provision for appeal of decisions of the Planning & Zoning Commission. He explained the current timeframe allotted for in the Code (at either 30 days or 7 days from the delivery of the decision to the council and the applicant, depending on what the Commission acted on) and the proposed timeframe per the new Ordinance (at 15 days) under consideration. The rationale behind the proposal was described, the timing of when Council receives minutes for the Planning & Zoning Commission. Dunn agreed that a change to "Section 2" language be included to specifically state "a person who is entitled to have a notice°. Dunn also noted that since this legislation is an amendment to the zoning code, it is required to go before the P&Z Commission for a recommendation. Further clarification was made regarding "Section 3" and the number of days before the notice is mailed. Councilor D. Buckley moved to approve Ordinance No. 04-07, Series of 2004, An Ordinance Amending Titles 2 and 17, Municipal Code of the Town of Avon, as it relates to Appeals from the Decisions of the Planning and Zoning Commission on first reading with the change to Section 2 as referenced above, and further moved to request that the matter be referred to P&Z Commission for a recommendation, and that second reading and a public hearing on the Ordinance be scheduled for June 8, 2004. Council asked staff to provide immediate notice of action taken at the P&Z Commission meetings as the items are related to anything that might be subject to an appeal. Resolutions Town Engineer Norm Wood presented Resolution No. 04-16, Series of 2004, A Resolution Approving Surface Grading and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver Creek, Avon, Colorado. The site is located at 710 Nottingham Road and the request for the Temporary Easement on Tract B, Benchmark at Beaver Creek is for the purpose of grading and drainage. He noted that applicant, Steve Grow, submitted geo-technical reports by H-P Geotech as well as a construction-grading plan. He indicated there are a number of conditions to the request for the temporary easement. He informed the Council that staff requested that it be a permanent easement instead of temporary and that the owner of Lot 30 be made responsible for permanent operation, repair and maintenance of the surface grading and drainage facilities located on the propose easement. Wood indicated that this easement would meet a condition of Building Permit No. C-PB2002-8). This permit has already been issued and expires June 10, 2004. He noted that the proposed resolution also contains some conditions for the applicant. Some discussion ensued about the runoff situation that occurred two years ago and the nature of when easements are required or granted between parties. John Perkins, project architect, addressed the Council regarding the request for the easement. Councilor Wolfe was interested in determining how the building can be built without the granting of an easement. Perkins noted that the easement would allow the Town to better handle their drainage issues and that was why the suggestion was made by staff to request the permanent easement rather than the temporary. Councilor Wolfe noted that if the building design did not include the construction of it to the setbacks, then an easement would not be necessary. And Councilor Wolfe then concluded that the value of the property / easement would be worth more to the Town than just the $10. There were some questions about who really has the problem of the drainage, the Town, the applicant or both to some degree. Perkins reminded Council that these types of easements have been historically granted to others and that this was a solution that would benefit the Town. Council was also concerned that the maintenance of the drainage would be shifted to the Town if this easement were granted. Mayor Reynolds noted that the Town has spent money to cleanup the mess caused by extensive runoff & the cleanup was up behind the buildings. Town Engineer Norm Wood addressed the question of how many easements the Town has issued in the past; he named several projects where that occurred. After some further discussion a motion was made. Councilor Brown moved to approve Resolution No. 04-16, Series of 2004, A Resolution Approving Surface Grading and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver Creek, Avon, Colorado. Mayor Reynolds noted that hearing no second on the motion, the motion failed. Regular Council Meeting Page 2 of 4 May 11, 2004 Councilor D. Buckley moved to deny Resolution No. 04-16, Series of 2004, A Resolution Approving Surface Grading and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver Creek, Avon, Colorado. Councilor Wolfe seconded the motion and further discussion ensued. It was confirmed that the motion was to deny the proposed permanent easement. Comments were made regarding the value placed on the granting of the easement at $10 as not enough benefit to the general public. Mayor Reynolds commented on the fact that this proposal was an excellent solution to the Town's drainage issue at that location. Councilor Sipes noted that the applicants could reduce the size of the building that would then alleviate the applicant from having to request an easement. Sipes then suggested that he would support a temporary easement; other Council members did not support the idea. Some further discussion ensued and the motion was called. The motion on the table was approved with a roll call vote and a four to one vote (D. Buckley, Sipes, P. Buckley, Wolfe - aye; Brown - nay). Other Business Town Manager Lary Brooks requested that Council consider the report on the Water Rights Analysis at this time. It was inappropriately included as a Consent Agenda item and did not require any Council action. Town Engineer Norm Wood presented his memo outlining the results of their water rights analysis and the results of subsequent meetings with Tom Williamson, the Water Authorities water engineer. He spent considerable time addressing the information provided in the Council packet, noting that a reconciliation of numbers is still required. He 'noted that the next step would be to finalize the report to establish water consumption requirements based on projected build-out in the Town and to project maximum number of SFE's that can be served utilizing all of the Town's water rights. And then continue to work with Gary Greer, the Town's water attorney, to propose a revised water rights lease with the Authority to provide service to the projected SFE's at build-out as well as some revisions to the augmentation plan. There was some discussion on the "consumptive use" calculation and if Avon was being overcharged. Town Attorney Report Town Attorney John Dunn reported on the status of the District Court proceeding with regard to Lot 61. He is scheduled for a conference call with all parties & the Judge. He also reported on the recent article published in the Colorado Municipal League Newsletter regarding the recent Supreme Court decision about the requirements of "open meetings notices". In summary, if the Council is attending a meeting and it is not in a "policy-making function", a public notice is not required. Councilor Wolfe raised the idea of the Town discussing economic development as related to giving incentives to attract new businesses to Avon. Most members did not support the idea of government becoming involved in this arena. Town Manager Report Town Manager Larry Brooks informed the audience that Avon's cleanup week is this next week and Public Works will be picking up trash for the residents. He also noted that Council would be receiving a budget calendar for the 2005 budget in their mailboxes. The topic will be a discussion item at the next meeting. Some discussion was held regarding the format of the document Mayors Report Mayor Reynolds announced that the Town of Avon Battle Mountain High School Scholarship Funds have been awarded to two students & will be presented to them this Thursday at an awards ceremony. He also noted that he will be attending the festivities surrounding the bid for Regular Council Meeting Page 3 of 4 May 11, 2004 the 2009 Ski Championships. He will be traveling with the Vail Valley Foundation and Vail Resorts, Inc. group to Florida. Consent.Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to adopt the consent agenda-deleting item (b) from the items. Councilor Brown seconded the motion and it passed unanimously (McDevitt absent). a. Approval of the April 27, 2004 Regular Council Meeting Minutes There being no further business to come before the Council, the meeting adjourned at 7:05 PM. APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 4 of 4 May, 11, 2004