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TC Minutes 01-10-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JANUARY 10, 2006 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, 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 several changes to the agenda, which included the addition of the Town Center West Market Investigation as carryover from the work session, the addition of Ordinance No. 06-02 addressing the Gates project and removal of Resolution No. 06-03 from the agenda; Council approved these suggested changes. It was noted that those items requiring public hearings would be heard first. Disclosure of Potential of Conflict of Interest Town Attorney John Dunn noted that there were no items on the agenda that required a disclosure. Holiday Lighting Contest Awards Mayor Wolfe presented the 2005 Holiday Lighting Contest awards to the winners. Ordinances Mayor Wolfe presented Ordinance No. 05-14, Series of 2005, Second 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. Town Attorney John Dunn noted two substantive changes (sections 8.24.060 & 8.24.110) and a couple of revisions to errors in the document. Mayor Wolfe opened the public hearing and several people made supportive comments as follows: Shelly Evans, Dr. Don Parsons (Summit County Initiative), Jennifer Corrigan, Rodney Johnson (President of Vail Valley Restaurant Assn), Maggie Parker (owner Finnegan's Restaurant), Arn Menconi (Eagle County Commissioner), Kent Biedel (owner Loaded Joes). It was noted that bipartisan legislation was going to be introduced in the near future at the State level. Mr. Johnson commented on the outdoor seating area restrictions section, noting that the ordinance was too restrictive in this section and that this could cause some problems - for, the establishments. Some discussion ensued on this topic. Ms. Parker noted that she was concerned for her business and her patrons expressing concerns; she believes that the restaurant owner should be the decision maker, not government. Biedel commented on smoking on outside decks; he noted that he has never received comments opposing that. The public hearing was closed. Councilor Buckley moved to approve Ordinance No. 05-14, Series of 2005, 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 Sipes moved to second the motion and it passed unanimously with a roll call vote. Council asked staff to propose an educational campaign regarding this legislation. Work Session Business Town Center West Market Investigation was presented at this time by Design Workshop consultants Rebecca Zimmerman and Chris Kiley. The draft report addressed several primary questions as follows: ✓ What is the optimal market focus for the retail area? ✓ What is the retail critical mass and mix required? ✓ What is the ideal residential critical mass and composition? After a review of the report, Council provided feedback and comments regarding the future development of this Town Center area, questioning whether or not there is enough critical mass to support the recommendation for the square footage of retail. Mayor Wolfe suggested moving to a design stage whereby movement is towards determining whether or not Avon could afford the public improvements related to this area, really the economic analysis of the development, the cost vs. benefit of the project. A proposed strategy for future steps was discussed and agreed upon, the work on the cost analysis and the designing of the project. The economic analysis work is separate from the current scope of work. Consultants & staff were asked to return with the scope of work for all aspects of this plan, i.e. the financial analysis, the design work, etc. and the consultants were asked to proceed with the work in the original scope. Unfinished Town Business Town Attorney John Dunn presented information related to the Chateaus St. Claire Planned Unit Development, the Gates project. He presented a newly drafted Ordinance No. 06-02, an Ordinance on first reading amending Ordinance No. 05-12, relating to the Chateau St. Claire Planned Unit Development, for Council's consideration per the discussions held at the earlier Executive Session. He reviewed the recitals of the ordinance. He noted that the conditions were not met per Council's requests at earlier meetings and this Ordinance would amend Ordinance No. 05-12 to provide for further clarification of the required documents. He then reviewed the five conditions listed in the Ordinance as follows: 1. The Amended and Restated Development Agreement for The Gates on Beaver Creek, the form of which is attached as Exhibit A to Ordinance No. 05-12, which form has been approved by the Town Attorney, shall be signed and filed in the records of the Town. 2. The Employee Housing Impact Fee collected is fully dedicated to the Town irrespective of the project outcome; however, should the applicant seek an increase in density or future amendment to the PUD allowed uses, an new Impact Fee will be assessed; 3. In no event will the building permit or construction schedule be extended past December 14, 2008; and 4. No new construction shall occur under the permit until the Town is in receipt of proof of the receipt and approval by US Bank of a completion (or a payment and performance) bond covering the construction of all improvements described in the plans filed with the Town, such proof to be in the form of receipt of a copy of the bond together with a written confirmation by the Bank of its approval of it. 5. Upon failure of the condition contained in paragraph 4 hereof on or before April 27, 2006, this Ordinance and all approvals contained in it shall be of no further force and effect and the building permit shall be void. It was noted that second reading & a public hearing would be held at the January 24t" meeting. Condition No. 5 was revised to include a drop-dead date of April 27, 2006. Chris Payne - Ballard Spahr Law Firm, addressed the Town Council with comments regarding the drafted ordinance. He noted that he did not think it would be a problem to provide the documentation required per the ordinance. Councilor Ferraro noted that concerns included the Regular Council Meeting Page 2 of 5 January 10, 2006 need to have more specific information about the disbursements. Comments were made regarding the financing for the project. The intent in asking for the documentation was to try to insure that the project would be completed. Mayor Wolfe reviewed the changes to the Ordinance. Councilor Sipes moved to approve Ordinance on first reading amending Ordinance No. 05-12, relating to the Chateau St. Claire Planned Unit Development. Councilor McDevitt seconded the motion and it passed with a four to two vote (Ferraro & Underwood nay). Staff Updates Tambi Katieb, Community Development Director, presented an update to Council regarding the selection of priorities for the capital projects plan. He noted that due to recent discussions on attainable / workforce housing and it importance, he requested that a Housing Needs Assessment be completed in 2006, and actually replace the Nottingham Park Master Plan. Council members agreed to the request. A brief dialogue occurred on the recent appeal filed by the Union Pacific Railroad to the PUC on the at grade railroad crossing. Staff would review the filing and report back to Council the implications. The RICD Update was briefly discussed. Council requested an outline from Gary Greer on timeframe and steps that would take place throughout the application process. Ordinances - continued Norm Wood, Town Engineer, presented Ordinance No. 05-13, Series Of 2005, on Second 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, essentially a housekeeping item. No changes were made from first reading. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Mayor Pro Tern Underwood moved to approve Ordinance No. 05-13, Series Of 2005, 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. Tambi Katieb, Community Development Director, presented Ordinance No. 06-01, Series of 2006, First Reading, An Ordinance Approving an Amendment to the Wildridge Planned Unit Development for Lot 44 and Lot 45, Block 4, Wildridge Subdivision, Avon, Eagle County, Colorado. It was noted that this PUD amendment is a request to allow for three (detached) single-family residences in place of a two duplex structures; location is 5123 & 5129 Long Sun Lane. It was also noted that the applicant has requested that this item be tabled to the January 24, 2006 Council Meeting. Councilor Sipes moved to table this ordinance; Council Ferraro seconded the motion and it passed unanimously with a roll call vote. Resolutions Tambi Katieb, Community Development Director, presented Resolution No. 06-01, Series Of 2006, A Resolution Revising Fee Schedules For Zoning, Construction Work Within Public Ways, Subdivision And Design Review Applications, Town Of Avon, Eagle County, Colorado He noted the recommended revisions to Fee Schedules as identified in the memo included in the council packet. He explained that the philosophy used was to recover the costs of time spent with a project and reviewed the impact to the larger projects. Councilor Ferraro moved to approve Resolution No. 06-01 Revising Fee Schedules For Zoning, Construction Work Within Public Ways, Subdivision And Design Review Applications. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. Regular Council Meeting Page 3 of 5 January 10, 2006 Norm Wood, Town Engineer, presented Resolution No. 06-02, Series of 2006, Resolution authorizing a Bike/Pedestrian Trail License with the Colorado Department of Transportation related to the Swift Gulch Road Bike Path Extension, in the Town of Avon, Eagle County, Colorado. He noted that this resolution was authorization to construct the bike path along Swift Gulch Road. Councilor Sipes moved to approve Resolution No. 06-02, authorizing a Bike/Pedestrian Trail License with the Colorado Department of Transportation related to the Swift Gulch Road Bike Path Extension, in the Town of Avon. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Mayor Wolfe noted again that Resolution No. 06-03, Series Of 2006, A Resolution Determining The Effectiveness Of Ordinance No 05-12, Relating To The Chateau St. Claire Planned Unit Development the Gates was removed from the agenda. New Business Mayor Wolfe presented the Service Agreements for the following entities: ✓ Services Agreements with Eagle River Fire Protection District (Bob Reed, Public Works / Transit Director) Agreement for fleet maintenance services ✓ Services Agreements with Western Eagle County Ambulance District (Bob Reed, Public Works / Transit Director) Agreement for fleet maintenance services ✓ Services Agreements with Eagle River Water & Sanitation District (Bob Reed, Public Works / Transit Director) Agreement for fleet maintenance services Council Sipes moved to approve the services agreements listed above; Councilor Buckley seconded the motion and it passed unanimously. Town Manager Report Town Manager Lary Brooks gave recognition to the Finance Department for their recent award from the Government Finance Officer's Association. Mayor Report Mayor Wolfe noted that the Transportation Center project is a joint project with Eagle County, who will provide funds to construct the facility. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Buckley moved to adopt the consent agenda; Councilor McDevitt seconded the motion and it passed unanimously. a. Minutes from December 13, 2005 Regular Council Meeting b. Resolution No. 06-04, Resolution approving the locations for posting the notices of public meetings (Patty McKenny, Town Clerk) c. Renewal of Narayan's Boulder Inc. d/b/a Narayan's Nepal Restaurant, 47 E. Beaver Creek Blvd. (Patty-McKenny, Town Clerk) d. CASTA Agreement for fiscal Year 2007 FTA 5309 Funding Request (Bob Reed, Transit Director) Joint request funding request with CASTA for FTA funds Regular Council Meeting Page 4 of 5 January 10, 2006 There being no further business to come before the Council, the regular meeting adjourned at 8:10 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting January 10, 2006 RESPECTFULLY SUBMITTED: PattMc enny, Tow ~A A X Page 5 of 5