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TC Minutes 12-13-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD DECEMBER 13, 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 Halburnt, Town Clerk Patty McKenny, Finance Director Scott' Wright, Acting Police Chief Mike Leake, Town Engineer Norm Wood, Public Works / Transit Director Bob Reed, and Community Development Director Tambi Katieb, as well as members of the press and public. Approval of Agenda There were no changes to the agenda and it was approved. Disclosure of Potential of Conflict of Interest Town Attorney John Dunn asked if any member had ex parte communication regarding the application of CSC Land, LLC for the PUD amendment agenda item; members indicated they had none. Citizen Input Drew Dodd with Avon's Business Association presented information about Avon businesses participating in a Holiday promotion with some advertising promotions. The new owner, Eric Goldman, of "Natural Cleaners" introduced himself & presented information about his new business in Avon. Staff Updates Jeff Schneider, Engineer II, presented an update of design changes initiated by Council at the 11/8/05 work session. Changes identified included roadway design changes along EagleBend to calm traffic, the preservation of trees along the railroad, and bridge changes on Stonebridge Drive to make the bridge more aesthetically pleasing as well increase the lighting to help with pedestrian safety. He noted that lane widths and gutters on the south side were reduced in size. He noted that the current design,requires removal of 9 trees and the transplantation of 7 trees; exact determinations would occur in the field with great care. Discussion ensued on the design & lighting of the bridge as well as cost implications related to the suggestions. Council asked staff to continue to evaluate the scenarios without impacting the budget too greatly. Jacquie Halbumt, Asst. Town Manager, presented a request made by Councilor Buckley to research a Town sponsored green or environmental award program for businesses in Avon that engages in environmentally sound business practices or sustainable ways. Some ideas were suggested and discussed, such as creating a stewardship program instead of an award program. Council members supported the idea and Staff was asked to continue working with Matt Scherr and his organization, the Eagle Valley Alliance for Sustainability to develop such a program. Jacquie Halburnt, Asst. Town Manager, presented the revisions made to the Holiday Lighting Contest, new categories were identified, etc. The contest would be held December 19, 2005 and awards would be made the first meeting in January. Also, it was noted the town's holiday lunch would be held on Friday, December 16th. Mike Leake, Acting Police Chief, addressed the topic of the Colorado State Patrol ("CSP") Bicycle Event Cap, a review of the Colorado State Patrol's new policy imposing a limit on riders in bicycle races. He noted that the Triple Bypass would be impacted by this restriction. It was suggested that Avon submit a letter to the State Patrol opposing this restriction. Since then he has learned that the State Patrol would not implement this policy for one year in order to obtain more public feedback. Safety & Manpower were cited as the reasons behind the new policy. Chief Leake's recommendation at this time would be to wait with a letter until further community discussion takes place and a final decision by "CSP" has been made. Ordinances Tambi Katieb, Community Development Director presented on second reading Ordinance No. 05-12, Series of 2005, An Ordinance approving an Amendment to the Chateau St. Claire Planned Unit Development (PUD) for Lots 1 and 2, Chateau St. Claire Subdivision, Town of Avon, Eagle County, Colorado. It was noted that CSC Land, LLC proposes an amendment to the Chateau St. Claire PUD, an amendment that would extend the vesting period and final completion date of the project. He reviewed his memo included in Council's packet that provided a detailed background of the discussions & conditions. The Ordinance was approved on first reading with several conditions and with a requirement that verification of funding be in place prior to the Ordinance being effective (January 10, 2006). He noted that the financial revenue model & analysis have been completed & reviewed by the Town and the changes to the project, from timeshare to whole ownership, remain consistent with the existing PUD development standards & acceptable from a revenue/expense model perspective. He noted that the applicant discussed further changes to the completion milestones. Staff recommended approval of the current development agreement, which allows for council consideration & extension of any interim milestone for a delay, which Council may deem excusable. And finally, he noted that the recommendation to approve the ordinance on second reading is conditioned on the proposed loan closing and the recorded mortgage or deed of trusts being evidenced to the Town. Should that not occur before the January 10, 2006 Council meeting, the ordinance and action on this agreement would be void. John Dunn, Town Attorney, presented a copy of an undated & unexecuted loan commitment from CSC Land, LLC; staff therefore continued to recommend denial of the ordinance on second reading. Chris Payne, Ballard Spahr Law Firm, confirmed that the group does not have the signed commitment letter or the loan commitment nor does it have authorization on the application. Payne explained that the problems with the bank are within the bank itself and possibly bureaucratic in nature. He noted that the group has forwarded all the required documents. Further comments were made regarding the stage in which the application is pending; it has been forwarded to the Minneapolis office by the originating loan officer with no problems. Dunn asked Council as well as raised the question for CSC Land, LLC about the group funding the $250K restoration bond that would be due three days after adopting the Ordinance, if in fact it were adopted. Detailed discussion ensued about the deadline to meet with the sale of 30% of the units (wholly owned units were sold), the development agreement & proposed construction schedule. Payne commented on why the developer requested a revised schedule that was extremely conservative, and noted that this schedule provides for the buffers needed on this project (construction commencement date projected for March 06). Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Mayor Pro Tern Underwood expressed continued concern about the project and its delays and the group's inability to present the agreed upon documents by the due dates. She expressed that the Town has been exceedingly flexible with this project and yet the developer continues to request extensions. Tim Barton, CSC Land, Inc. indicated that his company could provide immediately with the $250K monies and certainly by Friday if the ordinance were approved. Regular Council Meeting Page 2 of 5 December 13, 2005 Mayor Wolfe noted that the $250K is due in three days and must have a full loan closing in place before January 10, 2006 and he moved to approve on second reading Ordinance No. 05- 12, Series of 2005, an Ordinance approving an Amendment to the Chateau St. Claire Planned Unit Development (PUD) for Lots 1 and 2, Chateau St. Claire Subdivision, Town of Avon, Eagle County, Colorado,with the development schedule proposed by the applicant, as "Exhibit A„. Town attorney John Dunn asked the Mayor to include an additional condition "that all amounts owing to the Town and consultants must be paid in three days as well". Mayor Wolfe was in agreement and moved to include that language. Councilor Buckley seconded the motion and it passed with a four to two roll call vote (Ferraro, Underwood nay). The Ordinance would be effective on January 10, 2006 as long as the conditions were met. None Wood, Town Engineer, presented Ordinance No. 05-13, Series Of 2005, on First Reading, An Ordinance Amending Titles 12 and 16, Avon Municipal Code, Relating to Fees Charged for Review of Applications for Rights-Of-Way Permits and Subdivision Approval He noted that this legislation Repeals the section of the Code which outlines fees for permits in public rights-of-way and applications for subdivisions, and establishes them by resolution instead, a housekeeping item. Mayor Pro Tern Underwood moved to approve Ordinance No. 05-13, Series 'Of 2005, on First Reading, An Ordinance Amending Titles 12 and 16, Avon Municipal Code, Relating to Fees. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. Larry Brooks, Town Manager, presented Ordinance No. 05-14, Series of 2005, First Reading, An Ordinance Amending Title 8, Avon Municipal Code, Prohibiting Smoking In Certain Places, And Providing Fines For The Violation Hereof. He noted that this includes a review of legislation that prohibits smoking in certain places, and provided for fines for the violation thereof and that it is modeled to mirror Eagle County's legislation. Discussion ensued about various aspects of the legislation, i.e smoking on chairlifts, the inclusion of gondola cars, parking garages indoor & outdoor spaces. Suggested revisions included the following sections: ✓ 84.24.080 - include the 25 feet perimeter in this section ✓ 84.24.110 -change #6 to include "outdoor parking lots and uncovered parking garages" & change it to read 84.24. 100 (not 110) Mayor Wolfe noted that he had conversations with public officials in Vail about this topic. Councilor Sipes moved to approve Ordinance No. 05-14, Series of 2005, on First Reading, An Ordinance Amending Title 8, Avon Municipal Code, Prohibiting Smoking In Certain Places, And Providing Fines For The Violation Hereof with the changes noted above. Councilor Buckley moved to second the motion and it passed unanimously with a roll call vote. Resolutions Scott Wright, Finance Director, Resolution No. 05-52, Series Of 2005, A Resolution Levying General Property Taxes for the Year 2005, to Help Defray the Costs of Government for the Town of Avon, Colorado, for the 2006 Budget Year. He noted that this resolution provides for final adoption of the proposed 2006 operating budgets noting the property tax mill rates for general operations (8.956 mills), debt service (4.383 mills) and the Avon Metro District (3.283 mills). Councilor Ferraro moved to approve Resolution No. 05-52, Series Of 2005, A Resolution Levying General Property Taxes for the Year 2005. Councilor Buckley seconded the motion and it unanimously with a roll call vote. Scott Wright, Finance Director, presented Resolution No. 05-53, Series Of 2005, A Resolution Levying General Property Taxes For The Year 2005, To Help Defray The Costs Of Government For The Avon Metropolitan District, Avon, Colorado, For The 2006 Budget Year. He noted that this was Final adoption of revised operating budgets for 2005. With no further comments or Regular Council Meeting Page 3 of 5 _ December 13, 2005 discussion, Mayor Pro Tern Underwood moved to approve Resolution No. 05-53, Series Of 2005, A Resolution Levying General Property Taxes For The Year 2005. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Norm Wood, Town Engineer, presented Resolution No. 05-58, Series Of 2005, A Resolution Authorizing the Appropriation and Adjudication of a Recreational In-Channel Diversion (RICD) Water Right in the Eagle River at the Town of Avon for a Water Park and Related Facilities. He noted that this resolution was authorization for appropriation of RICD application as well as acquisition of easements, Right-Of-Ways, permits, etc. Some discussion ensued on the nature of the language as being °broad". It was noted that language was deemed appropriate for this action, any fiscal changes would require further council action. Councilor Sipes moved to approve Resolution No. 05-58, Series Of 2005, A Resolution Authorizing the Appropriation and Adjudication of a Recreational In-Channel Diversion (RICD) Water Right in the Eagle River at the Town of Avon for a Water Park and Related Facilities. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Norm Wood, Town Engineer, presented Resolution No. 05-59, Series Of 2005, A Resolution Approving Final Subdivision Plat and Subdivision Improvements Agreement for Dry Creek PUD, A Resubdivision of Lot 44, Block 2, Wildridge, Town Of Avon, Eagle County, Colorado. He noted that Blue Bird Meadows, LLC submitted final documents for approval that includes construction plans for public improvements required to serve the proposed subdivision and a cost proposals for construction materials and installation of improvements. Councilor Phillips moved to approve Resolution No. 05-59, Series Of 2005, A Resolution Approving Final Subdivision Plat and Subdivision Improvements Agreement for Dry Creek PUD. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Norm Wood, Town Engineer, presented Resolution No. 05-60, Series of 2005, A Resolution Approving Final Subdivision Plat for a Resubdivision of Lot 106, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. He noted that this resolution provides for the creation of the duplex lots, 106A & 106B for a duplex subdivision at 3055 Wildridge Road. New Business Bob Reed, Transit Director, presented the Service Agreement with Eagle County Ambulance District for the annual fleet maintenance services. Council McDevitt moved to approve the service agreement with ECMD; Councilor Sipes seconded the motion and it passed unanimously. Town Manager Report Town Manager Larry Brooks presented an update on the search for the new Avon Police Chief. Council would be asked to complete a survey related to this process. Mayor Report Mayor Wolfe presented an update to the meeting with Beaver Creek Resort Company and the discussion about partnering with them to construct a roundabout at the west lot entrance to Beaver Creek. Timeframe estimates include about 2 years. Also noted was a Denver Post article to run over the weekend pertaining to new projects in Avon, i.e. Main Street, railroad crossing, Confluence project. Regular Council Meeting Page 4 of 5 December 13, 2005 Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor McDevitt moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from November 22, 2005 Regular Council Meeting b. Renewal of Hotel and Restaurant Liquor License for Columbine Bakery, Inc. d/b/a Columbine Bakery, 51 Beaver Creek Place, Avon c. Renewal of Retail Liquor License for Benchmark Liquors, Inc. d/b/a Beaver Liquors, 110 E. Beaver Creek Blvd, Avon d. 2006 Street Improvements - Program Summary & Design Services Proposal Award e. Representation Agreement, Revised Fee Agreement for Professional Legal Services There being no further business to come before the Council, the regular meeting adjourned at 7:30 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting December 13, 2005 RE TFULL qITTED: c Patty ri enny, Tow Jerk Page 5 of 5