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TC Minutes 01-09-2007MINUTES OF THE REGULAR MEETING. OF THE AVON TOWN COUNCIL HELD JANUARY 9, 2007 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 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 Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public Works/Transit Director Bob Reed as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Dunn asked about ex parte contact regarding two public hearings on the agenda, there were no responses from council members. HOLIDAY LIGHTING CONTEST AWARDS Mayor Wolfe presented the following people with contest awards: Commercial: 1 st - Finnegans, 2nd - Christie Lodge Avon Core: 1st - Kathy and Dave Martinez, 0901 West BC Blvd., 2nd - Roger and Laurel Wilkinson, 4420 Eaglebend Drive Wildridge/Wiidwood/Mt. Star: 1 st - Pat McKenny 2643 Bear Trap, 2nd - Chris and Michele Evans, 2365 Fox Lane, 3rd - Mark and Joyce Morgan, 2403 Draw Spur Best Animation: Pat McKenny 2643 Bear Trap Best Multi-Media: Pat McKenny 2643 Bear Trap Artistic Merit: Bill & Karen Snare, Jr. 2376 Fox Lane Road COMMUNITY INPUT Chris Green, resident & P&Z Commissioner, presented an update on his attendance at the Traer Creek Metro District Design Review Board in his newly appointed role to that board. Signage was the topic of the meeting. ° NEW BUSINESS Mayor Wolfe presented Amplified Sound Permit Application for Vail Eagle Hockey Association for the Rocky Mountain Pond Tournament to be held January 19 - 21, 2007, an Event to take place at Harry A. Nottingham Park and to include use of amplified sound for entertainment and event notifications. Andy Clark was present on behalf of the youth hockey groups and spoke about the event and noted that every rink has a rink sponsor. He encouraged everyone to participate or attend. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Underwood moved to approve the Amplified,Sound Permit Application for Vail Eagle Hockey Association; Mayor Pro Tern Sipes seconded the motion and it passed unanimously. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION Eric Heidemann, Community Development Director, presented the Village at Avon Planned Unit Development Application. He presented first Ordinance No. 06-16, Second Reading, Series of 2006, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to permit Emergency Service Uses within Planning Area-N, Filing 3, Village at Avon Subdivision. A revised copy of the ordinance was distributed to Council with some further suggested changes made by Munsey Ayers, representing Traer Creek, RP LLC. It was noted that this ordinance was proposed as a text amendment to the development agreement,to- allow for emergency services for the location in Planning area N. Discussion items included some of the following topics: ■ `Include a deadline with respect to the precise final language, preferably in two weeks, January 23rd The ability to use the land .for a park and not just for a public works facility ■ Provide separate emergency access to the site ■ Define that Exhibit A is just a schematic description Mayor Wolfe opened the public hearing and the following comments were heard: ■ Fred Morrison, General Manager of ECHSD, asked that Council reconsider the restroom request in light of the fact that the park has not really yet been designed or planned. He expressed concern over liability issues. Further discussion ensued over this topic and Council expressed their desire to include a public restroom but open only during business hours. With no further comments, Mayor Wolfe closed the public hearing. Mayor Pro Tem Sipes and Councilors Underwood & Ferraro spent a few minutes commenting on the, newspaper articles and possible public perception regarding this application as well the inaccurate communication surrounding the topic. It was noted for the record that it was not the Town who was responsible for delaying this effort and Avon was inappropriately accused of that. Council members noted they were personally offended by the comments, made in the newspaper by board members of the Health Services District. Councilor Underwood then moved to approve on second reading Ordinance No. 06-16, Series of 2006, An Ordinance Approving a PUD Amendment Application amending the Village at Avon PUD to permit Emergency Service Uses within Planning Area N, Filing 3,- Village at Avon Subdivision with the following changes: ■ Include in Condition One: Add language to the end of that condition "which'text shall be finalized by January 23, 2007". ■ Include in Condition Three: Add language describing Tract F - "in an area not to exceed .6 acres,- including the access road, and located abutting Swift Gulch Road, generally located as conceptually depicted on Exhibit A". ■ Include in Condition Four: Include language to the sentence Eagle County Health Services Districts site shall incorporate public access restrooms, "at least one men's and one women's facility available during daytime hours". ■ Include in Condition Six: Include language to in accordance with "Allowed Uses" in the & strike end of the sentence "including but not limited to Section 4.3(d) thereof". ■ Include in Condition Three: add language at the end of the paragraph "and located so as to preserve the remainder of usable planning area N for park purposes as much as possible". Some discussion ensued on including a condition to provide for a separate access for the ambulance district; it was noted that this suggestion could be reviewed during the subdivision - application process. The ,comment received support in general but did not receive overall support to include as a condition at this time. Councilor Ferraro seconded the.motion with the conditions listed above and it passed unanimously with a roll call vote. Regular Council Meeting Page 2 of 4 January 9, 2007 Munsey Ayers, Traer Creek LLC legal counsel, noted for the. record that he views the application as one even though it has been bifurcated into two ordinances and he then proceeded to introduce Ordinance No. 06-17, Series of 2006, on Second Reading, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD. to Relocate Planning Area G, from Planning Area RFM-1, Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision. He noted that the application amendment proposes to relocate approximately 7.3 acres of Planning Area "G" from Planning Area RMF-1, Filing 3, Village at Avon Subdivision to Planning Area "D", Filing 1, Village at Avon subject to conditions. Discussion ensued on the following topics: ■ Condition 'No. Two as outlined in his memo submitted to Council dated January 5, 2007 related to Alpine Bank's holding the deed of trust and their agreement to delay any further development on certain sites. Sites to stand down per the applicant's suggestion were reviewed. ■ A suggestion to table this application in order that the applicant works through the scenario with the bank; a suggestion not supported by the applicant. A soils analysis on the site to be completed within 3 months ® Suggestions made as to other planning areas to stand down with no development Mayor. Wolfe opened the public hearing. No comments were made, and the hearing was closed. Council members and Attorney Ayers continued discussion to redraft the ordinance which included addressing the following topics: ■ Identify where on the valley floor the school should be locate Shorten the timeframe on the deadline for the technical report, Council agreed to a six month deadline for the geotechnical report (Condition 1) ■ Difficultly with "commercially feasible" language in condition 1 - what is that cost and who determines when that is exceeded? ■ Desire to prevent the developer from continuing to relocate the school site was expressed. ■ The use of other planning areas for the, school site - Council was not in agreement that Parcel M should be used for school site, and the school district stated that as well at a previous meeting. Council agreed to allowing consideration of Planning Areas A (excluding the portion described in Exhibit B), B, C, D, E, and/or F as an alternate site if the technical report was not acceptable and Planning area D does not work. Council asked that the -developer provide for two alternate sites if that is the case and then provide for a timeframe for which that conveyance occurs of a newly agreed upon site. ■ The premise that no development would occur on other potential school site locations if Planning Area G did not work. Council agreed that no further applications/building permits be issued for Planning Areas A, (excluding the 17 acres as described in Exhibit B) B, C, D, E, and/or F. And further agreement that the restriction would be lifted once mutual agreement is made on the new location. Councilor Phillips moved to table on second reading Ordinance No. 06-17, Series of 2006, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to Relocate Planning Area G, from Planning Area RFM-1, Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision to January 23`d with the revisions to the ordinance as outlined below: Condition One changes: Regular Council Meeting Page 3 of 4 January 9; 2007 ■ Change 12 months to 6 months Include language "substantially in the form of the draft agreement" ■ Include a "minimum of two alternate school sites" Include important school district points Condition Two changes: Delete sentence "provided, however, that the Town Council may, by motion or resolution, authorize staff to process subdivision........... satisfactory alternate school site locations. ■ Include language regarding lifting the restriction on development Condition Three changes: Include language related to submittal of a subdivision application, what is required to be submitted if an alternate site is approved, "at the time of subdivision of any Planning Area abutting the alternate Planning Area G location". Councilor Carroll seconded the motion and it passed unanimously with a roll call vote. Consent Agenda Mayor Wolfe asked1or a motion on the Consent Agenda, as follows: a. Minutes from December 12, 2006 b. " Resolution No. 07-01, Resolution approving the Locations for Posting Notices of Public 'Meetings c. Metcalf Basin II Drainage -Valuation Consultants Easement Appraisal Services Mayor Pro Tern Sipes moved to adopt the consent agenda; Councilor Phillips seconded the motion and it passed unanimously. There being no further business to come before the Council, the regular meeting adjourned at. 8:30 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro" Amy Phillips Brian Sipes Tamra Underw Ron Wolfe Regular douncil Meetin Page 4 of 4 January 9, 2ee6 -ZC17~ RES"-C"TFULLY SUBMITTED: