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TC Minutes 06-13-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 13. 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, Mac McDevitt, Amy Phillips, Brian Sipes, and Tarimra Nottingham Underwood. Kristi Ferraro was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, 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, Finance Director Scott Wright, as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST There were no agenda items that would require a disclosure of a conflict of interest or exparte communication. CITIZEN AND COMMUNITY INPUT Sara Will with Access Vail Valley introduced a new non-profit organization dedicated to supporting and expanding recreation activities for those people with disabilities. Their group would like to work with community development groups to create recreation venues for those with disabilities. She noted certain trails that do not accommodate biking for disabilities. Bob Reed, Public Works Director, and Pastor Matny SP of the New Life Assembly of God Church informed Council that a group from the church would be performing some community service work for the Town, i.e. maintaining Nottingham Road. Council supported the group's effort. Some discussion ensued about the "adopt a trails program" that exist within the ECO trails system. POLICE. DEPARTMENT AWARDS Brian Kozak, Police Chief, presented lifesaving Purple Heart awards to Officer Matt Westenfelder and Officer Jeremy Arndt for their efforts in public safety. ORDINANCES 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. He reviewed a change made to the ordinance related to the date of implementation of the legislation as well as the two changes made from the last reading at which time the ordinance was tabled - changes in Section 6. And it was noted the recommendation to provide for a single phase & multi-phase plan; discussion ensued on this topic. Mayor Wolfe opened the public hearing. Inga Causey, Traer Creek RP, LLC addressed Council in opposition of the ordinance in that it violates case law and endangers developers ability to borrow. No,other comments were made and the hearing was closed. Trying to standardized methods for the process of obtaining a PUD and that should not run into perpetuity. Mayor Pro Tern Underwood 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 as follows: Section 4b include June 1, 2006, delete 4c, and add language regarding multiphase projects. Councilor Sipes seconded the motion and it passed with a three to two vote (Ferraro absent). John Dunn, Town Attorney, presented Ordinance 06-11, Series Of 2006, Second 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. Enforcement issues were discussed related to this legislation. Dunn noted that research was conducted regarding this topic reviewing CML materials and other community's legislation as well as case law. Mayor Wolfe opened the public hearing. Peter Buckley, resident, did not support the legislation and notes that the town's position with Union Pacific is already strained; he asked the council to reconsider not passing this ordinance. Further discussion ensued about whether or not it is a nuisance and who has jurisdiction of the right of way. Mayor Pro Tern Underwood moved to approve Ordinance No. 06-11, second 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 by those members present. Scott Wright, Finance Director, presented Ordinance 06-12, First Reading, An Ordinance Amending Title 3 of the Municipal Code of the Town of Avon relating to Interest Charged on Past Due Accounts owing to the Town of Avon. He noted that this would allow the town to include a finance charge for all past due and unpaid accounts for services, fees or charges of any kind owed to the town. It was suggested to language related to the timing of accruing the charges. Councilor Sipes moved to approved on first reading Ordinance No. 06-12, Amending Title 3 of the Municipal Code of the Town of Avon relating to Interest Charged on Past Due Accounts owing to the Town of Avon with the change to the language to state that interest would be imposed 30 days after the date of the invoice. Mayor Pro Tern Underwood seconded the motion and it passed unanimously by those members present (Ferraro absent). Public Hearing was scheduled for June 27, 2006. RESOLUTIONS Town Attorney John Dunn presented Resolution 06-30, Series of 2006, A Resolution Approving an Agreement between the Town of Avon and the Stone Creek Elementary Charter School for Temporary Use of Town-Owned Property located at Lot 5, Village at Avon Subdivision. Dunn reviewed the agreement at this time, noting some of the following specifics: ■ A lease with Stone Creek Elementary Charter school to use Lot 5 for a temporary school facility (currently the Town's public works site) ■ Lease was modeled after the lease between Eagle County & Town of Vail for Red Sandstone Elementary School ■ One year lease with Stone Creek & commensurate with that for the license agreement with Traer Creek ■ Resolution approving the lease is contingent upon approval of agreement between Town & Traer Creek for an alternative public works site Mayor Wolfe allowed for citizen input at this time at the following people spoke: ✓ Melinda Glatitsch, Eagle County School District, addressed diversity requirements of Charters ✓ John Brendza, Superintendent of Eagle County School District, addressed the quality of the schools ✓ Brian Nolan, Eagle County Charter School President, presented information related to Hispanics and their school's inability to recruit diversity Regular Council Meeting Page 2 of 4 June 13, 2006 ✓ Melissa Rewold Thuon, Avon Elementary school Principal, expressed concern over the charter school opening in Avon and the impacts on AES ✓ Marcy Donovan, Avon resident, supported AES ✓ Ann Him, Avon resident, noted that AES does not support the town's leasing of the land to the new charter school ✓ Karen Strakbein, Eagle County School District, shared that the school district leases land through a public process ✓ Jim Pike, Stone Creek Charter School Board member, supported the proposal for the lease ✓ Bill Hammer, Pres Stone Creek Charter School, addressed numerous topics Comments from council were made at time with some of the following points made: ✓ Is it a school of choice issue ✓ the question is a land use decision and should not change the land use of the land unless a huge public benefit to the citizens of avon ✓ it should be only a temporary use of the site ✓ when will it be know if there is a public benefit ✓ don't renew school lease unless it achieves some diversity goals, the lease should only be a maximum of one year ✓ the lease amount is not at a fair market value ✓ adjust restoration fee amount; make sure it is close to the cost of removing the building ✓ Discussion ensued over details of the license agreement and fair market value and Council agreed to a $21,200 lease amount. Council members made final comments, Councilor Ferraro's written comments were reviewed and a motion was made. Councilor Sipes moved to approve Resolution 06-30, Series of 2006, A Resolution Approving an Agreement between the Town of Avon and the Stone Creek Elementary Charter School (for Temporary Use of Town-Owned Property located at Lot 5, Village at Avon Subdivision) with the changes noted, change to the term of lease to indicate that it is not subject to renewal, rent is $21,200 which reflects $19,200 fair market value plus $2000 site work; with $5000 due upon signing of lease and the remainder amount due October 06. Mayor Wolfe seconded the motion and it passed with a three to two vote (Phillips, Sipes, McDevitt - yea; Buckley, Underwood - nay; Ferraro absent). John Dunn, Town Attorney, presented Resolution 06-29, Series of 2006, A Resolution Approving a License Agreement between the Town of Avon and the Traer Creek RP, LLC. This resolution would allow for a Temporary Alternate Public Works Site. He reviewed the revised agreement that was distributed at the meeting noting that numerous revisions have taken place in the agreement that proposes to enter into a license agreement to provide the Town with an alternative public works site during the term of the school lease. Details were reviewed at this time. Inga Causey, legal counsel for Traer Creek RP, LLC, reviewed the document and agreed to numerous suggestions made by Council, including access to the property. Further revisions were discussed as recommended by Mayor Pro Tern Underwood, including a change in the document from a license agreement to a lease agreement, and numerous other suggested revisions. Councilor Phillips moved to table Resolution No. 06-29, Resolution approving a License Agreement between the Town of Avon and the Traer Creek RP, LLC until the suggested changes are incorporated into the document. Councilor Sipes seconded the motion and it passed unanimously. Norman Wood, Town Engineer asked that Resolution 06-28, Series of 2006, A Resolution Approving a Ditch Maintenance Agreement with Traer Creek be tabled at this time. He noted that language in the agreement would be revised; the Town's water attorney, Gary Greer, was Regular Council Meeting Page 3 of 4 June 13, 2006 currently reviewing it. Underwood asked what statutes exist that addresses sharing of ditches. Councilor Buckley moved to table this resolution; Councilor Sipes seconded the motion and it passed unanimously by those present (Ferraro absent). John Dunn, Town Attorney, presented Resolution 06-27, Series of 2006, A Resolution Approving an Order of the Town Manager Pursuant to Section 9.04.130, Avon Municipal Code, Prohibiting Dogs on Town Property Where Signs have been posted to that Effect. Discussion ensued on the enforcement aspect of the resolution. Councilor Buckley noted that she did not support the legislation because there are already rules on the books to enforce that would address the problem. Mayor Pro Tern Underwood moved to approve Resolution No 06-27; Councilor McDevitt seconded and the motion passed with a four to one vote (Buckley nay; Ferraro absent). STAFF UPDATES Norman Wood, Town Engineer, presented the following updates: ➢ Revised 1-70 Interchange Signs and Avon Next Two Exits Signs Installation Update. He noted that new signs would be installed on 1-70 to replace the existing William Post Blvd. signs and new Town Logo signs would be installed once the designs are finalized. ➢ RICD Application Update - he noted that the hearing with CWCB would be October or November, engineering reports should be completed the end of June. The current outstanding issues seems to be the acquisition of easements from Vail Resorts required for construction and access to the facilities. ➢ Eagle River Recreation Enhancement Project Update - he noted that River Restoration.Org has submitted project plans and is asking for input from the Town 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 Sipes seconded the motion and it passed unanimously. a) Housing Needs Assessment Proposal submitted by RRC Associates for completing a housing needs assessment and housing program analysis b) East Town Center Charrette Proposal from Design Workshop for a design charrette with the goal of creating a supported Concept Master Plan for East Avon c) Swift Gulch Road Bike Path Change Order No. 1 for Utility Relocations during Construction There being no further business to come before the Council, the regular meeting adjourned at 10:30 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 June 13, 2006