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TC Minutes 07-26-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JULY 26, 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, and Tamra Underwood. Brian Sipes was absent. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Assistant Town Manager Jacquie Halbumt, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works Superintendent Gary Padilla, and Recreation Director Meryl Jacobs, as well as members of the press and public. Approval of Agenda Mayor Wolfe noted that the Pedestrian Crosswalks Contract change order would be considered later in the meeting. He also mentioned that Resolution "56" and Ordinance °6A" would be heard in conjunction with each other. Disclosure of Potential of Conflict of Interest Town Attorney John Dunn asked if any member had any exparte conversation regarding Ordinance No. 05-09; no comments were made in answer to that question and the meeting proceeded. Citizen Input Asststant Town Manager Jacquie Halburnt presented information on "Coffee with the Mayor" and BBQ in the Park on Friday, August 05, 2005. Resident Peter Buckley noted that he spoke with Senator Wayne Allard about stopping deficit spending at the recently held town meeting, and commented on the expenditures made with regard to the Avon Road Parking lot. He would request that an accounting be made of these related costs with a total amount spent once the project is completed. Matt Scherr, Eagle Valley Alliance for Sustainability, presented information on the group's mission and proposal for Eagle County to take over and manage the areas of recycling, energy efficiency/renewable power and green building. He explained that he would be addressing both the County and Town of Vail for support as well. After some discussion, Council expressed support for this effort, and noted that the group should participate in the Avon's "request for funding" process. Resolutions Asst. Town Manager Jacquie Halburnt presented Resolution No. 05-29, Series of 2005, Resolution supporting Referenda C & D the Colorado Economic Recovery Plan. She noted that both the Board of County Commissioners and the Colorado municipal League have requested that the Town adopt a resolution in support of these two ballots questions that were referred to the voters by the State Legislature. Historical information was presented related to the TABOR Amendment that was enacted in 1992. Discussion ensued about the topic with comments from Council in both support and in opposition of the referenda C & D. It was agreed that if Council did not unanimously support the Resolution, it should not be adopted; the resolution was then tabled by Councilor McDevitt and seconded by Mayor Pro Tern Underwood. The Resolution was tabled with a unanimous vote (Sipes absent). Town Engineer Norm Wood presented Resolution No. 05-30, Series of 2005, Resolution denying Subdivision Variance for Proposed Dry Creek PUD, a Resubdivision of Lot 44, Block 2, Wildridge, Town of Avon, Eagle County, Colorado. He noted that blue Bird Meadow, LLC submitted an application for a Subdivision Variance and Subdivision Preliminary Plan in conjunction with a PUD Amendment Application for Lot 44, Block 2, Wildridge. The proposed PUD Amendment and Subdivision would convert one four-plex lot into three single-family lots. Two of the three lots have no frontage on a public street and proposed access to all three of the lots is from Old Trail Road through a currently undefined proposed easement on adjacent Lot 45. The variance application is to allow the creation of the two lots that do not have a minimum frontage width of at least 25 feet on a dedicated street as required by Avon Code. Councilor Phillips moved to table Resolution No. 05-03 so that Ordinance No. 05-09 could be presented; Councilor Buckley seconded and the motion was approved unanimously with a roll call vote (Sipes absent). It was the noted that the Preliminary Plan would be submitted on second reading. Ordinances Eric Heidemann, Senior Planner presented Ordinance No. 05-09, Series Of 2005, First Reading, An Ordinance approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lot 44, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Heidemann summarized the project, noting that it was a down zoning. He highlighted some of the features as follows: ■ Changes the existing access conditions ■ Increases the minimum landscaping requirement from 25%-35% ■ Reduces the overall density by one dwelling unit Decreases the maximum lot coverage from 50% - 40%. He noted that Planning & Zoning Commission unanimously approved the project at their last meeting with some conditions. It was also noted that staff recommended denial of the application primarily due to the project's failure to meet or advance land use and housing goals/policies relative to establishing or maintaining an appropriate mix of dwelling unit types for both lower and middle income seasonal and year-round residents and families. Further explanation was provided in the memo to the Council. Discussion focused on the project relative to the town's housing policy. Staff noted that its recommendation was based on supporting the `housing policy to maintain housing diversity. Comments were made on the "second homeowner nature" of Wildridge, and the need to downzone this property, and the need to set some attainable price points. Discussion pursued on topics such as traffic impacts for either project, price points of the two types of projects and the need to maintain attainable projects, etc. George Ruther, representing the applicant Blue Bird Meadows, LLC, presented the application and noted that he was hopeful,the project would meet some of the items being discussed. He mentioned that their process has taken into account some of the following: ■ A seven-month process that has a great deal of neighborhood involvement A process that has taken into account Avon's comprehensive plan ■ A process that has complied with zoning Details of the project were reviewed, i.e. access, slope of the property, placement of the driveways, how the project complied with the master plan, how the application meets the need for a subdivision variance request. Trent Hubbard, Wildridge resident & developer of the project, presented additional information on the project & answered questions. There were some concerns expressed regarding grading and slope of driveway, building envelopes, parking spaces, garages size, square footage of the homes, price points, etc. Mayor Wolfe opened the public hearing. Comments were heard from Andre de Lucinges, neighbor to the project, who supported the project and the reduction of units. Mayor Wolfe closed the public hearing. Councilor Buckley moved to approve Ordinance No. 05-09, Series Of 2005, First Reading, An Ordinance approving an Amendment to the Wildridge Planned Unit Regular Council Meeting Page 2 of 4 July 26, 2005 Development (PUD) for Lot 44, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed with a four to one roll call vote (Ferraro nay; Sipes flay)~ Council then considered Lagain Resolution No. 05-30, Resolution approving Subdivision Variance for Proposed Dry Creek PUD, a Resubdivision of Lot 44, Block 2, Wildridge, Town of Avon, Eagle County, Colorado with the deletion of "denying" to "approving" (revised Resolution was distributed to Council). Councilor McDevitt moved to amend the language and approve Resolution No. 05-30; Councilor Phillips seconded the motion and it passed unanimously with a roll call vote (Sipes absent). New Business Police Chief Jeff Layman presented the Amendment to the E911 Intergovernmental Agreement and highlighted the earlier discussion held with Bryan Treu, Asst. County Attorney. Mr. Treu was present at the work session to ask the members of the Eagle County 911 Authority to endorse the E911 Board's request to the PUD for an increase in their surcharge level. The original IGA was adopted in 1991 and failed to recognize the statutes and artificially capped the surcharge rate at seventy cents. He reviewed the reasons behind the increases in costs (as outlined in the memo included in the Council packet). He highlighted a number of upgrades that have been made to the system over the past few years. Approval of the amendment would allow for an increase in the surcharge for the calendar year 2006. Layman also noted that Avon's Police will also be asked to pay markedly more for dispatch services. Councilor Buckley moved to approve the Amendment to the E911 Intergovernmental Agreement for the Eagle County E911 Authority Board. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote (Sipes absent). Unfinished Business Mayor Wolfe raised the topic of the pedestrian crosswalk lights and revisions to the contact; and noted that there would be a revision to the contract to only purchase one crossing light at this time, to be used at one location to determine if it will meet the objective for slowing traffic for pedestrians at the roundabouts. Council raised several concerns at the work session discussion and it was decided that trying one light would be in order. Council Buckley moved to approve that change and authorize the Town Manager to sign that change order, the motion was seconded and unanimously approved with a roll call vote (Sipes absent). Mayor Report Mayor Wolfe noted that the ECO Advisory Board would recommend to the Eagle County Commissioners that ECO fund Avon's skier shuttle in the amount of $100K. The final decision is that of the Commissioners. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the consent agenda without letter b) on the agenda, the Street Improvements Change Order No. 7; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from July 12, 2005 Regular Council Meeting b. 2005 Street Improvements Contract Change Order, Avon road Parking Lot Change Order No. 8 (Norm Wood, Town Engineer) Revisions to street improvements related to Avon Road Parking Lot Regular Council Meeting Page 3 of 4 July 26, 2005 Development (PUD) for Lot 44, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed with a four to one roll call vote (Ferraro nay; Sipes absent). Council then considered again Resolution No. 05-30, Resolution approving Subdivision Variance for Proposed Dry Creek PUD, a Resubdivision of Lot 44, Block 2, Wildridge, Town of Avon, Eagle County, Colorado with the deletion of "denying" to "approving" (revised Resolution was distributed to Council). Councilor McDevitt moved to amend the language and approve Resolution No. 05-30; Councilor Phillips seconded the motion and it passed unanimously with a roll call vote (Sipes absent). New Business Police Chief Jeff Layman presented the Amendment to the E911 Intergovemmental Agreement and highlighted the earlier discussion held with Bryan Treu, Asst. County Attorney. Mr. Treu was present at the work session to ask the members of the Eagle County 911 Authority to endorse the E911 Board's request to the PUD for an increase in their surcharge level. The original IGA was adopted in 1991 and failed to recognize the statutes and artificially capped the surcharge rate at seventy cents. He reviewed the reasons behind the increases in costs (as outlined in the memo included in the Council packet). He highlighted a number of upgrades that have been made to the system over the past few years. Approval of the amendment would allow for an increase in the surcharge for the calendar year 2006. Layman also noted that Avon's Police will also be asked to pay markedly more for dispatch services. Councilor Buckley moved to approve the Amendment to the E911 Intergovernmental Agreement for the Eagle County E911 Authority Board. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote (Sipes absent). Unfinished Business Mayor Wolfe raised the topic of the pedestrian crosswalk lights and revisions to the contact; and noted that there would be a revision to the contract to only purchase one crossing light at,this time, to be used at one location to determine if it will meet the objective for slowing traffic for pedestrians at the roundabouts. Council raised several concerns at the work session discussion and it was decided that trying one light would be in order. Council Buckley moved to approve that change and authorize the Town Manager to sign that change order; the motion was seconded and unanimously approved with a roll call vote (Sipes absent). Mayor Report Mayor Wolfe noted that the ECO Advisory Board would recommend to the Eagle County Commissioners that ECO fund Avon's skier shuttle in the amount of $100K. The final decision is that of the Commissioners. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the consent agenda without letter b) on the agenda, the Street Improvements Change Order No. 7; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from July 12, 2005 Regular Council Meeting b. 2005 Street Improvements Contract Change Order, Avon road Parking Lot Change Order No. 8 (Norm Wood, Town Engineer) Revisions to street improvements related to Avon Road Parking Lot Regular Council Meeting Page 3 of 4 July 26, 2005 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 Page 4 of 4 July i6,2005