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TC Minutes 05-09-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MAY 9, 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 Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Debbie Buckley was absent. Also present were Town Attorney John Dunn, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, 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 & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Mayor Wolfe made the following changes to the agenda: Requested that the order of Resolutions No 20 & No. 21 be rearranged, ■ Asked for addition of discussion about "tree health" along Avon Road Asked to add to unfinished business the minutes from liquor board meetings in April ■ Asked that Council reconvene briefly, before adjournment, to an executive session pursuant to CRS 24-6-402(4)(b) a conference with the town attorney for the local public body for the purpose of receiving legal advice on specific legal questions related to confluence water rights and a conversation with the attorney representing the Traer Creek developer. There were no agenda items that would require a disclosure of a conflict of interest or exparte communication. INTRODUCTION OF NEW POLICE CHIEF, BRIAN KOZAK Asst. Town Manager Jacquie Halburnt thanked former acting police chief Mike Leake for his service during the past six months. She then introduced new police chief Brian Kozak; Town Clerk Patty McKenny swore Chief Kozak into office at this time. CITIZEN AND COMMUNITY INPUT Peter Buckley, Avon resident, raised the topic of the Lot 61 lawsuit. It was noted that Council does not intend to appeal the ruling by the Judge at this time. Buckley proceeded to read minutes from 2004 and noted that neither he or Council Buckley voted in favor of the project. Discussion ensued about the project. ORDINANCES Tambi Katieb, Community Development Director, presented Ordinance No. 06-06, Series of 2006, on second reading, An Ordinance Amending Title 8, Municipal Code of the Town of Avon, Defining Building Activity, Declaring Abandoned Building Activity a Public Nuisance, and Providing Penalties For Abandonment. He noted that this proposed amendment is intended to expand the ability of the Town to provide abatement for abandoned construction activity. Currently the Code is limited to abandoned building where construction has actually begun and not been completed. Both the Legal Subcommittee & Planning & Zoning Commission was supportive of this revision to the Code. Some changes were noted as suggested from the last meeting (with a change to the "Notice of Violation" section and change to Section. 8.03.050 by adding "site restoration" language as another option for action by the Town). Mayor Wolfe opened the pubic hearing, no comments were made, and the hearing was closed. Councilor Ferraro moved to approve Ordinance No. 06-06, Series of 2006, on second reading, An Ordinance Amending Title 8, Municipal Code of the Town of Avon, Defining Building Activity, Declaring Abandoned Building Activity a Public Nuisance, and Providing Penalties For Abandonment. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Buckley absent). John Dunn, Town Attorney, presented Ordinance No. 06-07, Series of 2006, on second reading, An Ordinance Amending Titles 12 And 16, Municipal Code Of The Town Of Avon, To Increase Any Guarantee Of Public Improvements To Two Years. He noted that this revision is to extend the warranty period from one year to two years, so that all developers would be treated consistently. The warranty period is consistent with other jurisdictions in Eagle County; the language is included in subdivision improvements agreements. No changes were made for second reading. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Ferraro moved to approve Ordinance No. 06-07, Series of 2006, on second reading, An Ordinance Amending Titles 12 And 16, Municipal Code Of The Town Of Avon, To Increase Any Guarantee Of Public Improvements To Two Years. Councilor Phillips seconded the motion and it passed unanimously by those members present (Buckley absent). John Dunn, Town Attorney, presented Ordinance No. 06-08, Series Of 2006, on First Reading, Ordinance Amending Title 3, Avon Municipal Code Concerning The Public Accommodations Tax And Real Property Transfer Tax To Provide A Credit Against Such Taxes Due' If Certain Public Improvement Fees Have Been Paid In Connection With The Development Known As The Confluence. Dunn explained that this ordinance is in order as part of the implementation of the Council's of the approved Amended and Restated Development Agreement and Facilities Operation Agreement for the Confluence Project. Both Councilors Ferraro & Sipes recused themselves at this time due to conflict of interest. Further explanation about was given on the Tabor Amendment implications on this project. IT was noted that the ordinance therefore provides that in the event of non-appropriation, public improvement fees in the same amount will be collected and paid to the developer and the District. It was noted that this tax structure is more common than not, and the only other tax credit granted was for the Village at Avon. Mayor Pro Tern Underwood moved to approved Ordinance No. 06-08, Ordinance Amending Title 3, Avon Municipal Code Concerning The Public Accommodations Tax And Real Property Transfer Tax To Provide A Credit Against Such Taxes Due If Certain Public Improvement Fees Have Been Paid In Connection With The Development Known As The Confluence. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Ferraro & Sipes recused due to conflict of interest; Buckley absent). Town Attorney Dunn addressed the implications of when council members step down due to conflict of interest. Councilors Ferraro and Sipes joined the podium at this time. John Dunn, Town Attorney presented Ordinance No. 06-09, Series Of 2006, First Reading, An Ordinance Amending Chapter 17.14, Title 17, Avon Municipal Code, Relating To Vested Property Rights. He noted that these proposed amendments are to the vested property rights chapter of the Code. It was noted that a public hearing would be held at the next meeting on second reading at which time public input would be taken. Some historical background was provided on the State Statutes vested rights legislation and the 1999 revisions made with both state and local legislation. Avon's first request for vested rights was by the Village at Avon. Discussion ensued on some of the following topics outlined in the council packet memo. In summary revisions would be made in Section 4, 5 and 6; making language more clear and explicit. Councilor Ferraro moved to approve Ordinance No. 06-09, Series Of 2006, First Reading, An Ordinance Amending Chapter 17.14, Title 17, Avon Municipal Code, Relating To Vested Property Rights with proposed changes discussed. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Buckley absent). Regular Council Meeting Page 2 of 5 May 9, 2006 John Dunn, Town Attorney, presented Ordinance No. 06-10, Series Of 2006, First Reading, An Ordinance Amending Titles 16 And 17, Avon Municipal Code, Relating To Applications For Development And Subdivision Approval And Erection Or Construction Of Improvements It was noted that these proposed revisions to Code relate to the development agreement applications. He noted that Section 1 amends the zoning code and Section 2 amends the subdivision code. The language addresses an applicant and its project if it is in default. If a project is in default, an application cannot be considered. It was suggested to change Section 1, by expanding the language to include applications for amendment of a development plan. Councilor Ferraro moved to approve Ordinance No. 06-10, Series Of 2006, First Reading, An Ordinance Amending Titles 16 And 17, Avon Municipal Code, Relating To Applications For Development And Subdivision Approval And Erection Or Construction Of Improvements with proposed changes discussed. Mayor Pro Tern Underwood seconded the motion and it passed unanimously by those members present (Buckley absent). RESOLUTIONS It was noted that the next two topics were not related to the discussion to be held later in the evening. Councilors Ferraro and Sipes left the room due to conflict of interest. Norm Wood, Town Engineer, presented Resolution No. 06-21, Series of 2006, Resolution approving Amendment to Restated Water Lease and Supplemental Water Lease between the Town of Avon and Upper Eagle Regional Water Authority for the Provision of Water Service for the Town of Avon, Eagle County, Colorado and Resolution No. 06-20, Series of 2006, Resolution approving Agreement for Dedication of Augmentation Water and Related Water Rights for the Confluence. He noted that this agreement establishes a maximum development level (458.55 Single Family Equivalents, SFE's) for the Confluence project. He reviewed the resolution and attached documents. Discussion ensued about the Colorado Water & Conservation Board process the application will need to go through. Staff recommended approval of both resolutions. Mayor Pro Tern Underwood moved to approve Resolution No. 06-21, approving Amendment to Restated Water Lease and Supplemental Water Lease between the Town of Avon and Upper Eagle Regional Water Authority for the Provision of Water Service for the Town of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Buckley absent). Councilor Phillips moved to approve Resolution No. 06-20, approving Agreement for Dedication of Augmentation Water and Related Water Rights for the Confluence. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Buckley absent). Scott Wright, Finance Director, presented Resolution No. 06-23, Series of 2006, Resolution to Amend the 2006 Town of Avon Budget. He presented the proposed amendments to the Transit Enterprise Fund, related to the cost and revenues with the additional service hours for the Village at Avon, and the additional cost and federal grant revenues related to purchasing a hybrid bus. Councilor Phillips moved to approve Resolution No. 06-23, Series of 2006, Resolution to Amend the 2006 Town of Avon Budget. Councilor McDevitt seconded the motion and it passed unanimously by those members present (Buckley absent). Norm Wood, Town Engineer, presented Resolution No. 06-24, Series of 2006, Resolution approving the Final Plat, A Resubdivision of Lot 68, Block 3, Wildridge Subdivision, Town of Avon, Eagle County, Colorado. The developer submitted a final plat to resubdivide the property creating duplex lots 68A & 68B, address 4235 Wildridge Road East. Councilor Sipes moved to approve Resolution approving the Final Plat, A Resubdivision of Lot 68, Block 3,,Wildridge Subdivision, Town of Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it passed unanimously by those members present (Buckley absent). Regular Council Meeting Page 3 of 5 May 9, 2006 NEW BUSINESS Mayor Pro Tem Underwood asked about the problem with the trees failing on Avon Road. Public Works Director Bob Reed addressed the issues creating the problems, the raised nature of the median, the compaction of the soil, the solution used in plowing includes a salt element that has adversely impacted especially the blue spruce trees. A plan is currently being developed to address the topic. UNFINISHED BUSINESS Councilor Sipes moved to approve the Liquor Board meeting minutes for April 2006; Councilor Ferraro seconded the motion and it passed unanimously by those members present (Buckley absent). TOWN MANAGER REPORT Town Manager Lary Brooks noted that May 18th is tentatively set for a ground-breaking event sponsored by developer East West Partners for the Confluence project. MAYOR REPORT Mayor Wolfe summarized a recent meeting held with the new owners of buildings in east Avon. He presented another update regarding transportation in Eagle County and an invitation to a meeting with the Eagle County Commissioners on the topic in hopes of addressing the creation of long range transportation planning. TOWN ATTORNEY REPORT Town Attorney John Dunn noted that he represented VAG, Inc., who have recently purchased two buildings in east Avon. He presented an update on the Cassidy's sales tax case; an oral argument would be presented in the next week. 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 April 25, 2006 Meeting b. Eaglebend Drive/Stonebridge Road Streetscape Project - Stonebridge road Bridge Additional Architectural & Engineering Services (Norm Wood, Town Engineer) Proposal for replacing bridge rail on the Stonebridge Road Bridge that is compliant with state standards c. Riverfront Subdivision / Town of Avon CIP Proposal / Short Elliot Hendrickson, inc. Construction Management / Inspection Service (Norm Wood, Town Engineer) Agreement for service for oversight over public improvement project d. 2006 ECO Transit Summer Service Agreement (Bob Reed, Transit Director) Agreement for bus parking at Swift Gulch facility for ECO e. Minutes from Liquor Board Meetings in April 2006 At 7:25 PM, Mayor Pro Tem Underwood moved to convene into Executive session pursuant to CRS 24-6-402(4)(b) a conference with the town attorney for the local public body for the purpose of receiving legal advice on specific legal questions related to confluence water rights and a conversation with the attorney representing the Traer Creek developer. Councilor Sipes seconded the motion and the executive session convened. Councilors Ferraro & Sipes left the meeting at 7:40 PM due to conflict of interest. Councilor McDevitt moved to adjourn executive session; Mayor Pro Tern Underwood seconded the motion. Town Attorney John Dunn noted for the record that the only topics discussed are identified above. Regular Council Meeting Page 4 of 5 May 9, 2006 There being no further business to come before the Council, the regular meeting adjourned at 7:50 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting May 9, 2006 RESPECTFULLY SUBMITTED: Pattc enny, T Clerk Page 5 of 5