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TC Minutes 03-14-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 14, 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, Town Engineer Norm Wood, Community Development Director Tambi Katieb, Public Works/Transit Director Bob Reed and Senior Planner Eric Heidemann, as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Town Attorney John Dunn asked if any members had any ex parte communication regarding Ordinance No. 06-03 or the Traer Creek application for a variance; no one indicated any other conflicts other than the ones that have already been identified at earlier meetings (Councilors Ferraro & Sipes). CITIZEN INPUT Roger Benedict representing the Avon Business Association noted he was attending on behalf of the association. ORDINANCES Councilors Sipes & Ferraro left the meeting at this time due to conflict of interest. Tambi Katieb, Community Development Director presented an Ordinance No. 06-03, Series of 2006, on Second Reading, Ordinance Approving an Amendment to the Confluence Planned Unit Development (PUD), Town of Avon, Eagle County, Colorado. This application is a request for amendment to the 19 acre Confluence PUD to modify the existing development rights and zoning for the entire property. This application proposes a Westin hotel, retail plaza, high-speed public gondola, condominiums, and fractional residential units. The property is located between the Eagle River and the West Town Center, accessible from Avon Road. Scott Wright, Finance Director, presented the final materials on the fiscal impact analyses of the project as prepared by Stan Bernstein & Associates, an overview of the private / public partnership benefits. He spoke about some of the following topics: the project mix, the public amenities, the public improvement costs, the capital contribution provisions, operating contribution provisions, general fund and capital fund impacts, and debt service impacts. Chuck Madison, East West Partners, presented the project once again and spoke about numerous topics, the vision, the planning principles, public benefits, public improvements, the hotel, design of the project (modem alpine architecture), how the project compliments the Town's proposed Main Street development and improvements. Mayor Wolfe opened the public hearing, no public comments were made and the hearing was closed. Town Attorney John Dunn presented revisions to the development agreement. Comments were made regarding the development agreement, specifically Section 3.5, Public Transportation, and the development plan; some changes and clarifications were made in the plan. As well some revisions were suggested to the ordinance in "General Conditions, letter A & D". Prior to the vote, Town Attorney noted that all revisions read into the record would be incorporated into the appropriate documents, the ordinance, the development agreement, and the facilities agreement. Mayor Pro Tern Underwood moved to approve Ordinance No, 06-03, on second reading, an Ordinance approving the Amendment to the Confluence Planned Unit Development, Town of Avon, Eagle County, Colorado. Councilor Buckley seconded the motion and it passed unanimously by those members present (Councilors Ferraro & Sipes recused from discussion & voting on this topic due to conflict of interest). Councilors Ferraro and Sipes joined the podium at this time. Eric Heidemann, Senior Planner, presented Ordinance No. 06-04, Series of 2006, on second reading, An Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, Adding Definitions For Allowed Uses In The Industrial And Commercial Zone, Adding Self Storage As An Allowed Use In The Industrial And Commercial Zone District, And Amending The Parking Standards For Uses Allowed In The Industrial And Commercial Zone. He noted that these proposed amendments to the Zoning Code relate to parking standards for allowed uses in the Industrial & Commercial Zone by defining uses as well as reconciling allowed uses with associated parking standards. He noted that the primary intent of the proposed ordinance is to clarify the parking ratios since the current code does not enumerate the numbers clearly. He reviewed the information included in the council packet memo, noting both the tables and data used in the research. Mayor Wolfe opened the public hearing and the following people made comments: ✓ TJ Connors, submitted a report with comments and spoke about migrating uses ✓ Chris Jergens, spoke about migrating businesses ✓ Mark Donaldson, surveyed the projects in the I/C area, ✓ Roger Benedict, expressed support for the ordinance ✓ Dave Svabik, overall supported the ordinance Council comments were made addressing the reason and intent behind the legislation, reasons for problems in that area, how migrating uses would impact the area, and how stronger enforcement might help some of the problems. Most agreed that adopting these standards would not solve all the problems in that area, but code revisions might assist staff in evaluating applications submitted for that area of Metcalf & Nottingham Road. Councilor Buckley moved to approve Ordinance No. 06-04, on second reading, An Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, Adding Definitions For Allowed Uses In The Industrial And Commercial Zone, Adding Self Storage As An Allowed Use In The Industrial And Commercial Zone District, And Amending The Parking Standards For Uses Allowed In The Industrial And Commercial Zone. Councilor Phillips seconded the motion and it passed with a four to two vote (Councilors McDevitt & Sipes nay). RESOLUTIONS Once again, Councilors Ferraro & Sipes left the room at this time due to conflict of interest. Norm Wood, Town Engineer, presented Resolution No. 06-08, Series of 2006, Resolution Approving Preliminary Subdivision Plan for Riverfront Subdivision, Town of Avon, Eagle County, Colorado. He noted that this was an East West Partners, Inc. application for the above referenced approval for the parcel of land commonly known as the Confluence, approximately 18.9 acres; the preliminary plans reflect the proposed public improvements and the relationship to the development under the proposed Confluence PUD Amendment. He reviewed the changes to the resolution as made from the last time it was on the agenda. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Buckley moved to approve Resolution No. 06-08, Resolution Approving Preliminary Subdivision Plan for Riverfront Subdivision, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously by those members present (Councilors Ferraro & Sipes were recused due to conflict of interest and did not vote). Regular Council Meeting Page 2 of 4 March 14, 2006 John Dunn, Town Attorney, presented Resolution No. 06-12, Series of 2006, Resolution Approving a Facilities Operation Agreement between the Town and Confluence Metropolitan District, and Ratifying all Action Heretofore taken by the Staff of the Town. He noted some changes that had been made. Comments were made regarding the gondola operation after the lifts close at one hour vs. 30 minutes, etc, and some language was revised to provide clarity. Mayor Pro Tern Underwood moved to approve Resolution No. 06-12, Series of 2006, Resolution Approving a Facilities Operation Agreement between the Town and Confluence Metropolitan District. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Councilors Ferraro & Sipes were recused due to conflict of interest and did not vote). Councilor Sipes left the podium at this time due to a conflict of interest. Norm Wood, Town Engineer, presented Resolution No. 06-13, Series of 2006, A Resolution Approving Subdivision Variance Increasing Allowable Road Grade From Eight and One Half Percent to Nine and One Half Percent on Traer Creek Run in the Proposed Preliminary Plat for The Village (At Avon) Filing 4, Town Of Avon, Eagle County, Colorado. He noted that Traer Creek RP LLC's proposed subdivision application will 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 steam flow & wetland mitigation. He noted the requested variance is to allow an increase in maximum road grade. It was noted that the variance was submitted in part on a recommendation by the town to create a better-designed road. A review of the variance criteria was made. Discussion ensued on the topic of whether or not this application falls within the guidelines of a variance or amendment to the PUD for the Village at Avon and whether or not a hardship exists. Some comments included a request for more planning information for that area and whether or not the road should be public or private. Dominic Mauriello representing Traer Creek LLC addressed the Town Council, and reiterated most of what was in the memo. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Mayor Wolfe moved to approved Resolution No. 06-13, Series of 2006, A Resolution Approving Subdivision Variance Increasing Allowable Road Grade From Eight and One Half Percent to Nine and One Half Percent on, Traer Creek Run in the Proposed Preliminary Plat for The Village (At Avon) Filing 4, Town Of Avon, Eagle County, Colorado. Councilor Buckley seconded the motion and it passed with a three to two vote (Buckley, McDevitt, Phillips yea; Ferraro, Underwood nay; Sipes recused due to conflict of interest). Norm Wood, Town Engineer, presented Resolution No. 06-14, Series Of 2006, A Resolution Approving Preliminary Subdivision Plan For The Village (At Avon) Filing 4, Town Of Avon, Eagle County, Colorado. Traer Creek RP LLC's application will 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 steam flow & wetland mitigation. He reviewed the memo included in the council packet, addressing the proposed subdivision as it conforms to applicable zoning and these subdivision regulations and planning principles for District 9 and District 26. He noted that the plans were submitted to other public agencies as identified in the council packet memo. Responses were received from some of the agencies but not all of the agencies. Zoning and subdivision regulation compliance were reviewed and complied with per staff's review of the plan. Dominic Mauriello, representing the applicant, and Mike Sliper, Alpine Engineering addressed the Council. A Design Review process does exist within the development. Council comments included some of the following: ✓ Requested that the Division of Wildlife comments be included prior to a decision. ✓ Requested that the funding mechanism used for construction be identified. Regular Council Meeting Page 3 of 4 March 14, 2006 ✓ Asked applicant that if it is a bond issuance is done, monies be included in that transaction so as to satisfy the debt to Buffalo Ridge Affordable Housing Corporation. ✓ Requested more information on uses surrounding this area. Mayor Wolfe asked if anyone in the audience wanted to comment, no one came forward at this time. Mayor Pro Tern Underwood moved to table Resolution No. 06-14, Series Of 2006, A Resolution Approving Preliminary Subdivision Plan For The Village (At Avon) Filing 4, Town Of Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it passed with a four to one vote (Buckley nay; Sipes recused due to conflict-of interest). Tambi Katieb, Community Development Director, presented Resolution No. 06-15, Series of 2006, A Resolution Opposing Public Auction of U.S. Forest Service Lands in Eagle County to Fund Federal Programs. He noted that this was action opposing U.S. President's FY 2007 Budget Proposal for the U.S. Forest Service. He noted that there is a proposal to include a funding renewal of the Secure Rural Schools & Community Self-Determination Act of 2000 / legislation that sets a bad precedent for the sale of public lands that could impact Eagle County and Avon and poses a threat to the lands in Eagle County and the white river national forest. Mayor Wolfe noted that he had also drafted a letter to CML and congressional delegates asking for their support. Minor revisions were made to the resolution. Councilor Ferraro moved to approve Resolution Opposing Public Auction of U.S. Forest Service Lands in Eagle County to Fund Federal Programs. Councilor Phillips seconded the motion and it passed unanimously by those members present (Sipes absent at this time). Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Buckley moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from February 28, 2006 Meeting b. Alpine Engineering, Inc., Professional Services Agreement for At-Grade Railroad Crossings (Norm Wood, Town Engineer) Design work for this project c. HP Geotech Professional Services Agreement for Subsoil Study for pavement & Foundation Design for Transportation Center (Norm Wood, Town Engineer) Estimate for proposed services related to the transportation center project d. Title Sponsorship Agreement for Salute (Meryl Jacobs, Recreation Director) Agreement for title sponsorship for July 4th even with American National Bank There being no further business to come before the Council, the regular meeting adjourned at 9 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwooc Ron Wolfe Regular Council Meeting Page 4 of 4 March 14, 2006 RESPECTFULLY SUBMITTED: