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TC Minutes 05-23-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MAY 23, 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 6:20 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Asst. Town Manager Jacquie Halbumt, 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: ➢ An executive session after the meeting would be added There were no agenda items that would require a disclosure of a conflict of interest or exparte communication. Any conflicts regarding Mountain Center; no conflicts were expressed. CITIZEN AND COMMUNITY INPUT Chico Thuon, resident, complained about speeding in Wildridge and offered to donate first $1000 for photo radar. It was noted that this program may or may not be legal. He request signs at the park that say "no dogs in play area" and he noted that the "no overnight parking sign" is gone. Stone Creek Charter Elementary School Mayor Wolfe asked that anyone wanting to address the Council about the Stone Creek Charter Elementary School come to the podium. The following people spoke: ✓ Marti Hurd, owner of Wishes and supported of the school ✓ Melissa Ruold-Thuon, resident & principal of AES, does not support granting the property to schools that are not a part of the Eagle County School District ✓ Lynette Michaud, Eagle-Vail resident, supported the school ✓ Rachel Cohen, Singletree resident, supported the new charter school ✓ Toni McCabe, Wildridge resident, supported the school ✓ Lynn Pent', Edwards resident / teacher / business owner / supported the charter school ✓ Reynolds, Wildridge resident, supported the charter school ✓ Kerri, supported the charter school ✓ Ann Gallep, Edwards resident, supported s the charter school ✓ Kristen Dooley, Wildridge resident, supported the charter ✓ Kelly, Edwards resident, supported the charter school ✓ Craig Nelson, Edwards resident, supported the charter school ✓ Carolyn Haines, Eagle-Vail, supported the charter school ✓ Allison hyaline, Edwards resident, supported the charter school ✓ Jim Pyke, Edwards resident, supported the charter school ✓ Catherine Kleinman, Edwards resident, supported the charter school ✓ Julie Heath, Edward resident, supported the charter school ✓ Sandy Hammer, Eagle Vail resident, supported the charter school ✓ Denise Mund, Colorado Dept. of Education, provided information about the charter schools in general Mayor Wolfe noted that the topic is that the Stone Creek Charter School Board will be requesting to lease land from the Town of Avon to locate their school temporarily. Bill Hammer addressed the Council and made that request as well as addressed a number of topics, including details about the programs at the school, the length of term they would like the lease, why they are requesting the land from Avon, diversity requirements, transportation issues, how the charter works with the State, etc. Council comments were heard at the topic and several topics were addressed as follows: ➢ Is it appropriate for the town to lease the land to anyone ➢ What is the diligence of Stone Creek Charter School for getting a permanent site ➢ Unfortunate that the Town is placed in this position by Traer Creek ➢ Would Avon be the bad guy once the lease expires and the school has to move Mayor Wolfe summarized the topic and asked that staff review the business points of such an arrangement and return at the next meeting with a draft agreement. ORDINANCES Both Councilors Ferraro & Sipes recused themselves at this time due to conflict of interest. John Dunn, Town Attorney, presented Ordinance No. 06-08, Series Of 2006, on Second 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. Further explanation 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. There were no changes from first reading. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Mayor Pro Tem 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 Phillips seconded the motion and it passed unanimously (Ferraro & Sipes recused due to conflict of interest). Councilors Ferraro and Sipes joined the podium at this time. John Dunn, Town Attorney, presented Ordinance No. 06-10, Series Of 2006, Second 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. Section 1 language was revised to include applications for amendment of a development plan. It was asked whether or not there were any public comments submitted in writing; none were received. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Phillips moved to approve Ordinance No. 06-10, Series Of 2006, on second 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. Councilor Ferraro seconded the motion and it passed unanimously. Regular Council Meeting Page 2 of 4 May 23, 2006 John Dunn, Town Attorney presented Ordinance No. 06-09, Series Of 2006, Second 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. Dunn noted that he received some written comments from people in the community and recommended tabling the legislation after a review of the changes were made. Discussion ensued on the following topics and language would be revised related to each: ✓ Procedural discussion about using a show cause type hearings before breach & revocation ✓ Termination date for vested rights ✓ How an amendment to a planned unit development is vested ✓ The relationship to the comprehensive plan - remove the termination piece of this language Mayor Wolfe opened the public hearing. Comments were made from Rick Travers, Vail attorney, who did not support the legislation and asked numerous questions. With no further comments, the hearing was closed. Councilor Sipes moved to table Ordinance No. 06-09, Series Of 2006, on second 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. John Dunn, Town Attorney, presented Ordinance 06-11, Series Of 2006, First Reading, An Ordinance Amending Title 8 of the Municipal Code of the Town of Avon Relating To Public Nuisances. He noted that this legislation addressed nuisance amendments related to storage/parking of railroad cards. Several revisions were suggested including some recitals addressing police powers and safety issues, as well as a timeframe for storage, etc. Mayor Pro Tern Underwood moved to approve Ordinance 06-11, First Reading, An Ordinance Amending Title ;8 of the Municipal Code of the Town of Avon Relating To Public Nuisances. Councilor Sipes seconded the motion and it passed unanimously. RESOLUTIONS Larry Brooks, Town Manager, presented Resolution No. 06-22, Series of 2006, Resolution approving and accepting the Traer Creek Metropolitan District Improvements installed and constructed in accordance with the Subdivision Improvements Agreement for the Village (at Avon), Filing 3 and Establishing Warranty Period for the Public Improvements. Brooks reviewed the Town Engineer's memo, and a recommendation was made to approve the resolution. Some discussion ensued on the maintenance bond amount. Councilor Buckley moved to approve Resolution No. 06-22, Resolution approving and accepting the Traer Creek Metropolitan District Improvements installed and constructed in accordance with the Subdivision Improvements Agreement for the Village (at Avon), Filing 3 and Establishing Warranty Period for the Public Improvements. Councilor Phillips seconded the motion and it passed unanimously. Councilors Sipes and Ferraro left the room at this time. John Dunn, Town Attorney, presented Resolution No. 06-25, Series of 2006, Resolution Approving Final Plat, Subdivision Improvements Agreement And Related Documents For Riverfront Subdivision, Town Of Avon, Eagle County, Colorado. Dunn reviewed the SIA and all exhibits to the agreements. He requested as final plat acceptance to provide for approval of the subdivision improvements agreement. Several comments and questions were addressed, i.e. what was the amount of the performance bond, the structure of the funding by the metro district, the interim arrangement. Some questions were answered regarding the final plat. Councilor Buckley moved to approve Resolution No. 06-25, Resolution Approving Final Plat, Subdivision Improvements Agreement And Related Documents For Riverfront Subdivision, Town Of Avon, Eagle County, Colorado. Councilor McDevitt seconded the motion and it passed unanimously (Ferraro & Sipes recused due to conflict of interest). Rick Travers raised the Regular Council Meeting Page 3 of 4 May 23, 2006 question the phase II landscaping project that would be completed in a couple of years - he asked about the warranty period on this aspect of the project. Since Norm was not present, the comment was not addressed, and would be handled at a later date with the Town Engineer. Tambi Katieb, Community Development Director presented Resolution No. 06-26, Series of 2006, A Resolution Approving Preliminary Condominium Map for Mountain Center Condominiums, A Resubdivision of Mountain Center Condominium Building and Mountain Center Phase 2, Town of Avon, Eagle County, Colorado (910 Nottingham Road). He noted that this was a proposed subdivision that would resubdivide two units in the existing building and create approximately 11 new units and Limited and General Common Elements. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Sipes moved to approve Resolution No. 06-26, Series of 2006, A Resolution Approving Preliminary Condominium Map for Mountain Center Condominiums, A Resubdivision of Mountain Center Condominium Building and Mountain Center Phase 2. Councilor Buckley seconded the motion and it passed unanimously. TOWN MANAGER REPORT Town Manager Larry Brooks provided an update on the PUC decision for the at-grade railroad crossings and the decision to rehear the argument. The new evidence is Union Pacific's announcement to store railroad cars in Mintum's rail yard; the scope of the hearing is confined -to only the new information. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda below. Mayor Pro Tern Underwood moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from May 9, 2006 Meeting b. BC&E, Building Consultants & Engineers, Inc., Consulting Services (John Dunn, Town Attorney) Fee Agreement Proposal for services related to transit facility land At 10:30 PM, Councilor McDevitt 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 the development agreement with the Village at Avon. Councilor Sipes seconded the motion and the executive session convened: Councilor McDevitt moved to adjourn executive session; Mayor Pro Tem Underwood seconded the motion. Town Attorney John Dunn noted for the record that the only topics discussed are identified above. There being no further business to come before the Council, the regular meeting adjourned at 11 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting May 23, 2006 Page 4 of 4