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TC Minutes 02-22-2005kw. MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 22, 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 6:15 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Asst. Town Manager Jacquie Halburnt, 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 Fraidy Aber, Special Events Coordinator, presented information on Avon's July 4t' Salute Celebration to be held this year on Sunday, July 3`d. Discussion ensued about the event, the timing on the sponsorship packages, and a request to Council to help pursue new sponsorships for the event. Liz Campbell, Director of Education Community Outreach, and Jason Denhart, Development Associate for Bravo, addressed the, Council on the, topic of Bravo programming that directly benefits the community of Avon.. Discussion centered on what additional programming Bravo could do for Avon, possibly in .conjunction with some of Avon's special events. Council asked Campbell to work with staff.from.the.Recreation Center to develop and return with a proposal that would outline such programs, how the programs would clearly benefit the Avon community and related costs of such.programs. Resolutions Finance Director Scott Wright presented Resolution No. 05-04, Series Of 2005, A Resolution Authorizing the use of a previously approved Governmental Lease-Purchase Master Agreement Dated March 28, 2003 and approving a Supplement Thereto and Related Documents and Certificates. He explained that the resolution adopts a supplement to the Town's 2003 Master Lease-Purchase Agreement with Wells Fargo Brokerage Services, LLC. The action allows for the purchases of a variable message sign, culvert cleaning machine, Toro mower, diagnostics scanner, small vehicle lift, & dump box for dump truck; all items included in 2005 budget. Mayor Pro Tern Underwood moved to adopt Resolution_'No. 05-04, Series Of 2005, A Resolution Authorizing the use of a previously approved Governmental Lease-Purchase Master Agreement Dated March 28, 2003 and ,approving a Supplement Thereto and Related Documents and Certificates. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. Finance Director Scott Wright presented Resolution No. 05-05, Series Of 2005, Resolution to Amend the Town of Avon 2005 General Fund Budget, Debt Service Fund, and Equipment Replacement Funds. He noted that the action amends the various fund budgets to take into account several changes since the 2005 budget was adopted in November. He reviewed the impacts of fund balances of each of the funds, and the amount of reserves on hand. Councilor Ferraro moved to adopt Resolution No. 05-05, Series Of 2005, a Resolution to Amend the Town of Avon 2005 General Fund Budget,.Debt Service Fund, and Equipment Replacement Funds. Councilor Buckley seconded the motion and it passed unanimously with a roll call vote., Finance Director Scott Wright presented Resolution No. 05-06, Series Of 2005, Resolution to Amend the Town of Avon 2005 Capital Projects. He noted that amending the Capital Projects Budget takes into account the recent Council actions related to capital projects. He reviewed the revenue projections and expenditure revisions. The Council packet included an explanation of the projects that received some type of budget revision including the Town Center Mail / Plan Implementation, the Nottingham Road Improvements, 2005 Paving / Road Improvements, Wildridge Traffic Calming & Pedestrian Calming, the Transportation Center, etc. Town Engineer Norm Wood provided further explanation on the grant funding for the Transit facility. Some changes included a reduction of the expenditure or moving the expenditure from one year to another. A review of the fund balance was also made. Councilor Sipes moved to adopt Resolution No. 05-06, Series Of 2005, a Resolution to Amend the Town of Avon 2005 Capital Projects. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Councilor Ferraro recused herself from the meeting at this time. Town Attorney John Dunn presented Resolution No. 05-08, Series Of 2005,. A Resolution declaring the Acquisition of Potential Future Phase, Avon Town Square Commercial Condominiums, Lot 2, Phase II, to be in Pursuance of a Public Purpose and Authorizing All Steps Necessary and Proper for Acquisition of the Same. Dunn explained that the Resolution provides written authorization of Council's direction at the Executive Session on February 1, 2005, providing for the acquisition of a parcel, authorizing all _steps_necessary to do so. Councilor Buckley expressed that she was generally in favor of this action,:_except,that she has a concern with including the purchase aspect with the condemnation in one resolution., Dunn provided some history as to why the two are considered together. Councilor McDevitt moved to approve Resolution declaring the Acquisition of Potential Future Phase, Avon Town Square Commercial Condominiums, Lot 2, Phase II, to be in Pursuance of a Public Purpose and Authorizing All Steps Necessary and Proper for Acquisition of the Same. Councilor Sipes seconded the motion and it passed with a four to one vote by roll call (Buckley - nay; Ferraro recused). Councilor Ferraro returned to the Council podium at this time. Town Engineer Norm Wood presented Resolution No. 05-09, Series of 2005, A Resolution Opposing Senate Bill 62 as an Attack on Recreational In-Channel Diversion Water Rights to the Detriment of the State's Recreation and Tourism Industry.. He noted that Senator Taylor has introduced SB 05-062 to the General Assembly of the State of Colorado. The bill appears to be a direct assault on water rights adjudicated for Recreation In-Channel Diversion (RICD) and consequently an attack on the State's in stream based recreation" industry. Eagle County Commissioner Am Menconi presented some revisions that were, recently made to the bill and asked that the resolution be sent to the State Senate, in care of Senator Joan. FitzGerald. After further discussion about changing language in the resolution to be more specific, Council agreed to keep the language more general in nature. Councilor :Sipes moved to approve Resolution No. 05-09 opposing Senate Bill 05-062, as an. attack on local control via recreational in-channel diversion water rights to the detriment of the local economy and the state's recreation and tourism industry, with a revision in the third "whereas" to include "as a matter of local and municipal concern" and revision in final sentence that includes language "alternately urges all senators and representatives to oppose this legislation". Mayor Pro Tem Underwood seconded the motion and it passed unanimously 'with a roll call vote. Town Engineer Norm Wood addressed the impacts of this legislation on the Eagle River, and how the town might approach establishing additional water rights, i.e. consult the town's water attorney on this matter. Regular Council Meeting Page 2 of 4 February 22, 2005 New Business Senior Planner Eric Heidemann presented the appeal information on the Planning & Zoning decision to deny a minor project to remove a portion of a deck. Bob Mach submitted the appeal request in his letter dated February 16, 2005. Heidemann noted that the subject property is a single-family residence currently under construction located at 2520 Old Trail in Wildridge. The application proposes to reduce the size of the deck that wraps around from the south to the west elevation of the residence. It was noted the deck was already constructed on the south elevation (per approved plans) and the request is to eliminate the western portion. The P&Z Commission denied the minor project because the proposal was "inconsistent" with the Residential Design Guidelines. The rational for denial articulated in the motion was that the removal of the deck would leave the firebox bump suspended in the air with the appearance that the bump out was not supported by any architectural features. Numerous materials were included in the council packet, including the staff report to P&Z and a picture of the firebox bump out. Heidemann also presented some background history to this application, i.e. how many times the applicant has been before staff & the commission. Chairman of Planning & Zoning Chris Evans presented information about the situation as well noting that the final decision of the Commission was made to adhere to the, design guidelines. Applicant Bob Mach presented his letter and materials. There was some disagreement about when the applicant appeared at the Planning & Zoning Commission meeting. Mach explained why he made his request to not extend the deck; and noted their decisions to make overall improvements to the site, i.e. down zone, etc. He expressed that closing on the property is eminent and he hoped to resolve the issue that night. It was clarified that P&Z Commission did not make any decision on the privacy screen, and therefore Council 'would not consider that specific request. P&Z Chairman Evans noted that the applicant was not present at their meeting, and a decision was made to deny the application before he appeared. Some discussion ensued about who is responsible for presenting design ideas and it was noted that it is not the responsibility of the Commission to provide any design ideas. Councilor Sipes moved to remand the application for the appeal to the Town Council on the denial of the minor project to remove a portion of the deck to the Planning & Zoning Commission's next meeting. Councilor Buckley seconded the motion and it passed unanimously. - Town Manager Report Town Manager Lary Brooks provided an update on the Buffalo Ridge Housing Project and the relationship between Traer Creek Metro District ("TCMD"), Traer Creek, LLC and Buffalo Ridge Affordable Housing Corporation ("BRAHC"). He noted that monies are due both the housing developer, BRAHC, and Traer Creek, LLC from the Metro District and should have been paid off at the time of TCMD second bond. issuance, (and should have probably been done when the debt was issued to pay for the construction of Swift Gulch Road). That has not happened and the monies are still owed. No deadline date for this payback had been identified in the agreement. Brooks noted that there is no action required of the Council at this time, however, some discussion ensued about what avenues the Town might be able to take in order to help expedite that payment to BRACHC. Staff was asked to review the annexation agreement for any default scenarios and also to review the affordable housing project requirements to make sure they have been met. A question was asked about the installation of the bridge; Brooks noted that that topic should come up again when the school site location is discussed again. Other Business Councilor Sipes noted that he would not support the sketch plan design from Weststar Bank's for the drive through bank in its current form to be located at Chapel Square. He spoke about the "flat roof' idea they are trying to pursue and that special use permits should show a definite benefit to Avon. Town Attorney did not think Councilor Sipes had presented a bias that would Regular Council Meeting Page 3 of 4 February 22, 2005 exclude him from considering this item in the future, since in fact he had not seen the final plan yet. Unfinished Business Mayor Wolfe directed staff to move the holiday lighting and communication plan discussion to the next meeting. A quick review was made of the Sherwood Meadows deck topic and Community Development updates, including the town's review of the new Eagle County Master Plan, new business updates, etc. Town Attorney Report Town Attorney John Dunn presented an update on events related to recovering sales tax owed the Town from Cassidy's Restaurant (State v. SLH Restaurant, Case No. 03 CV 71). He noted that the State did get its money and the remaining parties, the Town, the County and Weststar Bank, are trying to get monies owed. He noted that the conclusion of the decision was that the Town's lien for unpaid sales taxes does not have priority over earlier liens, including in that case a financing statement filed by WestStar Bank. The effect of the decision is to make the state's and counties' liens for unpaid taxes prior to recorded liens but to make home rule municipalities' liens subordinate to recorded liens. Dunn indicated that this decision impacts local municipalities and Avon greatly, gives priorities to, Counties over municipalities and the topic should receive further attention from the Courts. After some further discussion, he agreed to contact CML & other municipalities to see if there is interest in addressing this topic. Dunn asked that Council support & direct this action to appeal this decision. Councilor Sipes moved to authorize and direct the Town Attorney to appeal the decision in Case No. 03 CV 71, Eagle County District Court, to the Colorado Court of Appeals. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. Minutes from February 8, 2005 Meeting b. Minutes From February 8, 2005 Local Liquor Licensing Authority c. Resolution No. 04-07, Series Of 2005, A Resolution Approving the Final Plat, a Resubdivision of Lot 24, Block 1, Wildridge, Town of Avon, Eagle County, Colorado There being no further business to come before the Council, the meeting adjourned at 7:50 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting February 22, 2005 RESPPCT SUBMITTED: c Patty c enny, ow Clerk COW ~X~ Page 4 of 4