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TC Minutes 01-11-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JANUARY 11, 2005 A regular meeting of the Town of Avon, Colorado was held "at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:40 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Nottingham Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works / Transit Director Bob Reed, and Community Development Director Tambi Katieb as well as members of the press and public. Citizen Input Resident Buz Reynolds addressed the Council with regard to the Battle Mountain Scholarship program. His request included future funding for this program that provides scholarships to two Battle Mountain seniors who meet certain criteria. It was noted that Council would review the program at its next work session. Resident Cameron Kantock addressed the Council with regard to the current transit service to Beaver Creek. He explained his dissatisfaction with the service noting some of the problems he has seen with riding the Avon buses. He presented some of his ideas that might resolve some of the problems, i.e. rethink the routes, more information & education, don't force public to the new landing. Council informed him that some changes have been put in place and thanked him for his comments. New Business Councilor Ferraro noted that she has had contact with the applicant, Bill Vancuren, regarding this appeal of a Planning & Zoning Commission decision made on December 7, 2004 regarding the denial of a Minor Project Application for a fence at 2645 A Draw Spur, Wildridge in Avon. Town Attorney John Dunn asked if any other members had contact with the applicant. None expressed contact with him and none indicated that there were any concerns if Councilor Ferraro participated in the consideration of this appeal. Community Development Director Tambi Katieb presented background on the situation in that a fence was installed approximately three months ago without approval from the Planning Commission. Staff received the application under review after a request for a minor project application was made to the applicant. He noted the Commission' denied this application on December 7, 2004 because the design guidelines do not support fences & concern over grading issues. Applicant Bill Vancuren addressed the Council with reasons why he wanted a fence in his yard. He presented pictures of his home with the fence. He noted that there was approval for this fence from the homeowner's association and that he did not know this type of installation required Town involvement. He explained that he was not at the meeting with P&Z whereby the decision was made to deny his application, and that after the denial was communicated to him, further instruction was given to remove the fence within a few days or face monetary penalty. He noted that he appears before the Council because he does not believe the "right" thing was done regarding his situation. Councilor Buckley noted that she would like to communicate a message to the P&Z Commission with regard to future situations of this nature, she noted that citing the reason "because proper procedure was not complied with by the applicant because he/she was unaware of the requirement", does not justify denial of a project application. She also noted that it should not be expected that the party remove fences in the middle of the winter. She reiterated the need to continue discussing the design review guidelines, including fences. Mayor Pro Tem Underwood moved that this application be returned to P&Z Commission, but that it be submitted as a completed landscape plan, and that the Town waive the application fee as long as it meets the criteria of a minor project application, that the work is completed within a timeframe set by Community Development and that future applications not be denied just because someone doesn't follow correct procedures. Councilor Buckley seconded the motion and it passed unanimously. Town Engineer Norm Wood presented the water rights lease proposal between the Town and Upper Eagle Regional Water Authority ("UERWA") as drafted by Gary Greer, the town's water attorney. He read the proposed lease agreement generally defined by the following items (included in council packet memo): 1. Avon proposes to lease the entire currently decreed 448 AF of consumptive use water rights tot the Authority; 2. The Authority will agree that the 448 Ac-Ft of consumptive use water rights is adequate to provide water service to all development within the Town's Augmentation Plan Area up to 5167 SFE's; 3. The Authority will allow the Town to use any of the water rights not required for the then current level of municipal service plus lake evaporation and non-potable irrigation for filling or refilling Benchmark Lade from time to time, as needed; 4. Avon must continue to control the operation of Benchmark Lake and manage the non- potable irrigation (within the cap). Wood indicated that if approved by Council, it would be presented for consideration by the UERWA at the'January 25, 2005 Board meeting, with Mr. Greer in attendance. After further discussion, Council agreed that it should be presented at the meeting but the proposal should include language that Avon has "quality" senior water rights and that Avon has control over future development rights, therefore the ability to control its own water usage. Councilor McDevitt moved to approve the water rights lease proposal including the above mentioned item. Councilor Ferraro seconded the motion and it passed unanimously. Unfinished Business Community Development Director Tambi Katieb presented the status of the following items: ■ Confluence PUD meetings with East West Partners, traffic consultant, and PUC officials to discuss the application for the railroad crossings. ■ Village at Avon, Lot 2 - passed site preparation inspection, move to excavation permitting. ■ Lot 61 - rumor has it that it is close to being "under contract". ■ The need to schedule pre-application meetings for the larger projects in the pipeline. ■ The timing of reviewing the design guidelines and potential timing of the impacts on projects. Avon Comp Plan major re-draft has been submitted to some of the steering committee members, release to the public, schedule open house meetings and adoption of the document. Eagle County Comprehensive Plan has recently been released to the public. TCO issued to Loaded Joe's coffee shop. ■ The Gates project may be changing ownership. Town Engineer Norm Wood began by informing Council of personnel changes within his department, the departure of Ann Martens to Gypsum as the new public works director and the Regular Council Meeting Page 2 of 3 January 11, 2005 C new engineer who has started, Jeff Schneider. He then presented an update on the open space riverfront parcels located within the Town, but not under control of the Town. He provided the status of the Town's ability to take ownership on several parcels, three of them which are a part of the EagleBend Subdivision, and one which is owned by Oscar Tang, Tract A, Block 1, Benchmark at Beaver Creek. Town Manager Report Town Manager Larry Brooks mentioned that a public hearing would be taking place in Avon's Council Chambers on January 26th This hearing provides the public with a review of the Programmatic Environmental Impact Study submitted by the Colorado Department of Transportation on the 1-70 corridor. The public is invited to attend. Mayor Report Mayor Wolfe presented an update on the Eaton Ranch Proposal and noted that a meeting would take place on January 20th at the County to discuss the options and funding. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda. After some questions related to the service agreement with Beaver Creek Metro District were discussed (i.e. trailer located at Swift Gulch), Councilor Sipes moved to adopt the consent agenda; Councilor Buckley seconded the motion and it passed unanimously. a. Minutes from December 14, 2004 Meeting b. Resolution No. 05-01, Series of 2005, Resolution approving the locations for posting the notices of public meetings c. TV 8 Advertising Contract d. Inter-Mountain Engineering, Ltd. Design Services Proposal for 2005 Street Improvements e. CASTA Agreement 2006 agreement with the Colorado Association of Transit Agencies for services related to their representation f. Beaver Creek Metro District Service Agreement g. Eagle County Ambulance District Service Agreement h. Approval of Lease Agreements with Xerox for copiers There being no further business to come before the Council, the meeting adjourned at 7:20 PM. APPROVED: Debbie Buckley f Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 3 of 3 January 11, 2005