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TC Minutes 03-22-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 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 5:30 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 Halbumt, 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. Resolutions Mayor Wolfe noted that the first item on the agenda included a Public Hearing on Resolution No. 05-11, Series of 2005, Resolution approving Subdivision Variance and Preliminary Plan for the Village (at Avon), Filing 4, Town of Avon, Eagle County, Colorado. Councilor Sipes noted that he would step down from this conversation due to a conflict of interest (Sipes left the room). Town Attorney John Dunn noted that the Council was now in a quasi-judicial capacity and asked if anyone had exparte communication on this topic. He specifically asked Mayor Pro Tern Underwood if she had in fact received any responses to an email she sent out at an earlier date. Mayor Underwood indicated that she did receive three responses, Terry Nolan with some questions and she did not reply, a second one from someone who was unable to make the meeting, and a third party asking for staff memo information. Town Attorney Dunn asked if any of those contacts would affect her impartiality to the application before them; Mayor Underwood indicated that those contacts would not impact her decision making on this application. Other Council members indicated that they had received the email, but did not respond. It was noted that the Town Clerk would retain the email from Mr. Nolan for the record. Town Engineer Norm Wood presented the application submitted by Traer Creek RP, LLC for a Subdivision Variance and Subdivision Preliminary Plan approval for the Village (at.Avon) Filing 4. He noted that the proposed subdivision would create a right-of-way for the installation of a water service main and future public road, a site for a two million gallon potable water storage tank and drainage easements for natural stream flow and wetland mitigation. The requested variance is to allow an increase in maximum road grade to 9.5% from the 8.5% stipulated in the Village (At Avon) PUD Guide, for the portion of Nottingham Ranch Road (currently proposed as Traer,Creek Run) located north of 1-70 and maintained by the Town of Avon. The PUD Guide allows a maximums grade of 10% for sections of this road not maintained by the Town of Avon. Wood reviewed the variance criteria and presented responses to each of the criteria (see memo for details). There were some questions about whether or not to consider both the variance and the Subdivision Preliminary Plan in the same resolution as written or separate the topics for discussion and vote. Mike Sliper, Alpine Engineering, presented detailed information about the road and the location of the curves and steep grades. It was noted that other roads in Avon at that grade include Metcalf Road (no variance was given) and Buck Creek Road (variance was granted). Council comments were heard at this time with several comments and questions to the applicant as follows: ✓ Explain the "undue hardship" response ✓ Describe use of parcels in that area, i.e. parcels N & M ✓ What are the responses of the referral agencies, ERWSD, ERFPD, etc. ✓ Who is responsible for maintenance of the road? Mayor Wolfe opened the public hearing to receive comments on the proposed variance request. Wildridge resident Terry Nolan made comments regarding the application, neither opposing nor supporting it, but rather expressed concerns about the grade and whether or not there was really an "undue hardship" on the applicant. He indicated that he was not convinced there is a undue hardship on the applicant without further facts and documentation that prove such hardship. No other comments were made, and the public hearing for comments on the variance was closed. Further discussion ensued about how to consider the request, together or separately, the variance first or the Preliminary Plan first. Mayor Wolfe opened the public hearing to take comments on the Preliminary Plan. No comments were made on that topic and the hearing was closed. It was noted that the referral agencies responded in 1998 and those responses were being included in this application. Mayor Pro Tern Underwood requested that the Town obtain responses from the referral agencies that are current to this preliminary plan, including comments from the school district. Further discussion ensued about the grade and maintenance of the road. It was pointed out that if the variance were not granted, the developer could construct a road to lesser standards that would then be maintained by the developer and not the town. Alpine Engineer Mike Sliper commented that more switchbacks would be constructed and that an amended 404 permit had been received, with approval as well from ERWSD. Further Council comments were received as follows: 1) Requests to see public access points, pedestrian & bike paths, 2) description of uses on Parcel N, 3) location of security gate, 4) submittal of a master plan before any further variances are granted. Mayor Wolfe asked that Council review the three criteria of findings and noted that the public benefit would be that the town would obtain a better and safer road due to it being built at a higher standard and that the findings show that the criteria have been met. Councilor Buckley supported the variance in light of the fact that other primary roads in Avon are at that grade and do not pose problems and fewer disturbances to the area would be made if granted. Councilor Ferraro requested that staff include related maps to projects of this nature prior to the meeting night, as it has been difficult to come to a conclusion without the maps. When Mayor Wolfe asked that the question be called; there was some further discussion on how to approach the two topics. Munsey Ayers, attorney for the applicant Traer Creek RP LLC, requested that a brief break be taken in order to confer with staff about a proposed next step. The meeting was adjourned for five minutes at 6:25 PM and reconvened at 6:30 PM. At this time, Mr. Ayers addressed the Council indicating that they would support tabling the item until some of the issues can be further addressed. Councilor McDevitt moved to table Resolution No. 05-11, Series of 2005, Resolution approving Subdivision Variance and Preliminary Plan for the Village (at Avon), Filing 4, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. (Sipes did not vote since he stepped down due to a conflict of interest). Councilor Sipes rejoined the podium at this time. Finance Director Scott Wright presented Resolution No. 05-12, Series of 2005, Resolution to amend the 2005 Town Budget. He noted that the budget amendment includes $10K for Bravo to provide educational and outreach programs in Avon. The amendment was drafted in response to an earlier request made by their staff at a prior meeting. Mayor Pro Tern Underwood moved to approve Resolution No. 05-12, Series of 2005, a Resolution to amend the 2005 Town Budget. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. Ordinances Town Attorney John Dunn presented on first reading Ordinance No. 05-01, Series of 2005, An Ordinance Amending Chapter 5.08 Municipal Code of the Town of Avon, as it relates to the Modification of Licensed Premises and Undue Concentration Licenses. He noted that this legislation addresses requirements for modification of premises for retail liquor store licenses Regular Council Meeting Page 2 of 4 March 22, 2005 and regulations to consider related to undue concentration; the first item was included per the request of Council at the last public hearing for a new retail liquor store license. Adopting this Ordinance would require applicants who have submitted "modification of premises" applications to provide for evidence that the needs of the neighborhood have been met at a public hearing. He explained that after reviewing the Statutes regarding "undue concentration", which he noted as being very unclear, the new legislation would require a review of the current licenses to that issued in the either Eagle County or even just the east end of the valley. Discussion ensued on what should be included in the definition of "neighborhood"; Dunn noted that the current definition that includes the word "visitors" is acceptable and takes into account the "resort" aspects of our area. Councilor Buckley asked why all the types of license were included in the legislation, noting that she had just wanted to make additional requirements for the retail liquor store licenses. Dunn noted that it would be difficult to separate the "types" of licenses from certain requirements in light of the fact that the Statutes address all types of licenses together. Mayor Pro Tern Underwood moved to approve Ordinance No. 05-01, Series of 2005, An Ordinance Amending Chapter 5.08 Municipal Code of the Town of Avon, as it relates to the Modification of Licensed Premises and Undue Concentration Licenses on first reading. Councilor Sipes seconded the motion and it passed with a five to one vote roll call vote (McDevitt - nay). A public hearing was scheduled for April 12, 2005. Town Attorney John Dunn presented on first reading Ordinance No. 05-02, Series of 2005, An Ordinance Amending Section 16.40.130, Municipal Code of the Town of Avon, Relating to Street Names. He noted that this was an amendment to the Code that further clarifies the criteria to consider when naming of streets for Avon. The current subdivision regulations include language that stipulates Council approves street names. After some discussion, some changes were suggested. Councilor Sipes moved to approve Ordinance No. 05-02, Series of 2005, An Ordinance Amending Section 16.40.130, Municipal Code of the Town 'of Avon, Relating to Street Names with some changes, i.e. include flora & fauna, mining. Mayor Pro Tern Underwood seconded the motion and it passed unanimously with a roll call vote. A public hearing was scheduled for April 12, 2005. New Business Town Engineer Norm Wood presented the information related to the proposals submitted for the Surface Transportation Center. He noted that after reviewing the three proposals submitted, a recommendation was made to Council to accept the proposal from Marcin Engineering LLC - for the Topographic Survey and Engineering Design Services. Resident Pete Buckley asked if the Town owned the land and why the town would spend money on it. Town Engineer Norm Wood explained that the work would be completed prior to the anticipated Immediate Possession Hearing dated June 13, 2005 and it was part of the design work that would need to be completed as soon as possible. Councilor Sipes moved to approve and accept the proposal from Marcin Engineering, LLC for services related to the surveying and engineering design on the Surface Transportation Center. Councilor Ferraro seconded the motion and it passed with a five to one vote (Buckley - nay). Unfinished Business Police Chief Jeff Layman presented another update to the Metcalf / Nottingham Loading & Delivery by reviewing some of the measures taken to address these issues (list included in council packet). Discussion ensued about whether or not to continue to spend money on collecting the data vs. implementing some of measures that would possibly help alleviate the problems. Town Manager Larry Brooks made some comments about the fact that the entire community must participate in helping solve the problems in this area of Town. He noted that there has been very good support from the business community on Metcalf and Nottingham Roads. He further explained that providing for a contingency fund of about $20K, administered Regular Council Meeting Page 3 of 4 March 22, 2005 by him, to address minor improvements on public property might be another option to consider. These improvements might include removing a tree, improving grade, modify ROW, entrance, provide some road base, and help fully implement the uniform address program. He noted that any improvements agreed upon would require a 50-50 split in payment of the expenditures made by both the Town & business owner. Councilor Sipes moved to direct staff to prepare a budget amendment in the amount of $20K for the General Fund, with the condition that any expenditures made on improvements are split 50-50 between Town and business owner. Councilor Ferraro seconded the motion and it passed unanimously. Meryl Jacobs and John Curutchet, Recreation Center staff, presented more information on the Group Cycling Proposal, a proposal to begin a spin class at the Recreation Center. She presented the memo that outlined the cost comparisons of this type of class at other facilities. She noted that in order to implement the program, an additional $4700 would be required in the Recreation budget. Revenues estimated from the class are $6840. The specifics of the program were presented. Discussion ensued on whether or not the Recreation Center should adopt a philosophy that the rate structure should at least break even; ultimately that the Center should recover more of the costs. Council approved the program and leasing of the equipment. A budget amendment would be submitted at the next meeting. Town Attorney Town Attorney John Dunn presented an update on the condemnation proceedings, noting that the possession hearing would be the next step. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor McDevitt moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. Minutes from March 8, 2005 Regular Council Meeting There being no further business to come before the Council, the meeting adjourned at 7:30 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting March 22, 2005 REP CTFUM BMITTED: Patty c enny, Tow Z7 Page 4 of 4