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TC Minutes 04-24-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD APRIL 24, 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, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Dave Dantas was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Jeff Schneider, Finance Director Scott Wright, 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 There were no changes to the agenda. Town Attorney John Dunn asked if there was any ex parte communication on the P&Z decision to approve Final Design of Lot 57, Block 4, Wildridge Subdivision. Mayor Wolfe noted that he had a brief conversation with Community Development Director Eric Heidemann and Mayor Pro Tern Sipes noted his conversation with P&Z Commissioner Andrew Lane. CITIZEN AND COMMUNITY INPUT Chris Green, P&Z member & resident of Wildridge, provided an update on a Traer Creek Metro District Design Review Board meeting; topics discussed included signage issues for the new building in the Village at Avon and a review of Design Review Guidelines minor revisions. It was noted that sign permits are issued by the town, but are governed by TCMD. A question was raised about the whether or not there were problems with the roof on the new building since it appears dead and brown. Staff noted that a surety is being held and they would help try to determine the status of the situation. Monica-Ruiz, 1240 Swift Gulch Road, submitted a petition to Avon Council members, with 660 signatures; She indicated their disappointment with the town's decision to eliminate service to the Buffalo Ridge Apartments and that area of town. Mayor Wolfe responded to a few questions and explained the transit arrangement per- the agreement with Traer Creek Metro District. He noted that the agreement states that bus service is optional and that TCMD would decide when service would be provided. The town decided to go ahead & fund to provide the service in hopes of demonstrating that there was indeed a need for the service. The need has obviously been proven, but the Town incorrectly assumed that TCMD would fund the service and cannot afford to fund the ' new route. Different scenarios of providing service were discussed. The following public input was heard: • Keith Webbs depends on service to get to work and will get a ride from the town to serve him as a disabled person, which will cost more.. • Cameron Hancock, Sheraton resident, was extremely disappointed by the Town's decision and spoke at length about the scenario it presents for people in the Valley. The group was encouraged to attend the next Traer Creek Metro District Board meeting on May 16th at 10 AM; it would be imperative for the group to express their concerns to the Board members. Mike Bennett, ABA, addressed Council with regard to the Final Walking Map; Council approved . the map. Joe Macy, President, Eagle River Watershed Council - Community Pride Highway Cleanup (Saturday, April 28, 2007) thanked Council with regard to the funding of the cleanup event & spoke about the new director recently hired. Ceil Folz, VVF, Vail Valley Foundation 2013 FIS World Alpine Ski Championships / Vail / Beaver Creek addressed Council with regard to a 2013 bid for the alpine ski championship; she asked for Avon's support of the VVF to proceed with the 2013 bid. The Vail Valley is the only site that has sported the event twice; it has been all European locations in the past. Council expressed unanimous support. Meryl Jacobs, Recreation Director, and Joe Blair, Mountain Games, LLC, presented an update on the Whitewater Rodeo Ribbon Cutting Ceremonies & Series. Mayor Wolfe thanked Mayor Pro Tern Sipes for his vision and efforts in pursing this project & event and Town Engineer Norm Wood for his ability to implement the project in such a short timeframe. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION Mayor Wolfe explained why the "call up for appeal" was made on duplex final design for 5178 Long sun Lane and noted that ultimately the Council would make a motion as to whether or not to uphold or overturn the action or remand the project back to the Commission with findings of their decision. Having researched the reports & visiting the site, he continued to ask if the project met Avon's design criteria, thus the call up. Matt Pielsticker, Community Development Planner, presented the materials related to the Planning and Zoning Commission Final Design Approval -Review Lot 57, Block 4, Wildridge Subdivision, 5178 Longsun Lane. He made a review of the P&Z decision to allow a single family home to convert to a duplex; he provide the timeline of the project. Discussion of the Commission included numerous topics such as the viewpoints of adding the unit, the revised landscaping, project colors, etc. It was noted by staff that the appeal review process is typically a review of the matter based on the criteria set out in the design review guidelines. Staff did not make a formal recommendation based on the fact that the project did not meet the definition of an integrated design not bridged by any type of element. It was noted that the design did improve over time based on recommendations made the P&Z Commission. A review of the definition was made and staff provided their interpretation of the project in light of the definition. Bobbie Ladd, Architect for the project, reviewed the project on behalf of the applicants, Scott & Adrienne Czarniak. He spoke about some of the more technical changes made to the design over the course of time. Numerous people spoke on behalf of the applicants and the project as follows: • Scott & Adrienne Czamiak spoke on behalf of their project asking for Council support • Chris Evans, P&Z Chairman & Wildridge resident, confirmed his support of the project and asked that maybe it would be time to review the definition of duplex further • Phil Struve, P&Z member, commented on the project & why he supported it • Chris Green, P&Z member, also commented on how the project was required to change over time based on their review. , • 'Buz Reynolds, Wildridge resident, presented his comments of support of the project Council comments were made and touched on a few topics as follows: • Duplex definition is a very subjective definition and up for interpretation • , Was there any strength in the duplex connection • Mayor Pro Tem Sipes asked that the project be remanded back to P&Z and written documentation be made within the findings Regular Council Meeting Page 2 of 6 April 24, 2007 • Prefer to ask that minutes be amended to include such details to their approval • Suggestion to review the definition and guidelines • Concern over the sites that could proceed in this design change manner in the future Councilor Ferraro moved to uphold the P&Z decision with the request that the Commission reflect the findings of their discussion in the form of amended minutes. Councilor Phillips seconded the motion and it passed unanimously. Staff was asked to review the definition with the Commission and possibly revise the duplex definition. NEW BUSINESS Eric Heidemann, Community Development Director, presented the recommendation for Planning & Zoning Commission reappointments to reappoint three current members to the Planning & Zoning Commission for two years. Councilor Ferraro moved to approve the reappointment of current members of Julia Foster, Chris Green, and Chris Evans to Planning & Zoning Commission for another term. The motion was seconded and approved unanimously (Dantas absent) Norm Wood, Town Engineer, presented the Avon Transportation Center Update & Construction Bid with a review of the recent bid opening for construction of transportation center and recommendation for further negotiations. He noted that there was only,one bid after contacting 13 companies to participate; he reviewed items that were included in the estimates. The budget on the project was estimated at $2.3 M; there is a possibility of getting the project within the budget. There would be some adjustments to that bid by reducing the amount of the snowmelt area and not include the boiler room. The town is the applicant before the P&Z Commission. With two changes made by P&Z, it was approved with a request to change the footprint & defer the boiler room. Staff would return with a proposal at the next meeting in hopes of getting the project within budget. The start date is still May, and will hopefully stay on schedule for completion in November. It was noted that the grant monies are funded in 2007. ORDINANCES John Dunn, Town Attorney, presented Ordinance No. 07-03, Series of 2007, Second Reading, Ordinance Amending the Municipal Code of the Town of Avon Relating to General Penalties to Set Forth the Procedures for Prosecution of Civil Infractions; to Identify Penalties for Civil Infractions; to Identify Violations of The Municipal Code to be Designated as Civil Infractions; and Providing Details in Connection Therewith. He summarized that the proposed revisions to Avon's Municipal Code related to procedural requirements for charging and proving civil infractions. He noted that currently with violations the person must attend Court. In case of home rule municipalities, that does not have to be true with all violations; there could be a selection of violations that could be considered as a civil infraction, this matter has been under study by the legal subcommittee - concept originated with council comments regarding policing developments. He also noted there were a number of ordinances where it made sense to de criminalize certain violations and the ordinance allows for that as follows: 1) Building code violations, 2) Zoning Code violations, 3) Obstruction of a railroad crossing by the railroad, 4) Violation of the refuse ordinance, 5) Violation of the pawn broker ordinance, 6) Failure to obtain an amplified sound permit, business license, pay accommodations taxes. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Councilor Underwood moved to approve, Ordinance No. 07-03, Series of 2007, Ordinance Amending the Municipal Code of the Town of Avon Relating to General Penalties to Set Forth the Procedures for Prosecution of Civil Infractions; to Identify Penalties for Civil Infractions; to Identify Violations Regular Council Meeting Page 3 of 6 April 24, 2007 of The Municipal Code to be Designated as Civil Infractions; and Providing Details in Connection Therewith with the approval of including a chapter that decriminalized public nuisance violations as recommended by the Town Attorney. Mayor Pro Tern Sipes seconded the motion and it passed unanimously (Dantas absent). Brian Kozak, Police Chief, presented Ordinance No. 07-04, Series of 2007, First Reading, Ordinance Amending Title 9 of the Municipal Code of the Town of Avon Relating to Criminal Injury to Property. He reviewed the reason behind drafting the legislation as something that is in order to create an environment when someone who has damaged an item as a result of a reckless action to be held accountable for that action. Mayor Pro Tern Sipes moved to approve Ordinance No. 07-04; Councilor Phillips seconded the motion and it passed unanimously (Dantas absent). RESOLUTIONS Scott Wright, Asst. Town Manager Finance, presented Resolution No. 07-10, Series of 2007, Resolution to amend the 2007 Town of Avon Budget. He noted that the revisions to the budget were related to transit & miscellaneous expenditures. Questions arose regarding the purchase of wind power and the consultant the town will use to draft the climate action plan. Councilor Underwood moved to approve Resolution No. 07-10, Series of 2007, Resolution to amend the 2007 Town of Avon Budget; Councilor Carroll seconded the motion and it passed unanimously (Dantas absent). Jeff Schneider, Town Engineer, presented Resolution No. 07-15, Series of 2007,. Resolution Approving the Amended Final Plat, the Village (at Avon), Filing 3, A Reconfiguration of Tracts B and F, Town of Avon, Eagle County, Colorado. He noted that the final plat is a reconfiguration of Tracts B & F parcels to be conveyed to the Eagle County Health Services District for construction of an ambulance site. Questions concerning several items were raised as follows: • Certification of Dedication & Ownership • Note 7: Tract C is zoned district on the flood plan map / what is reception 852744 • Note 9: questions about access ambiguity • the Easements with Covenants & Restrictions affecting Land ("ECR") document, Dan Smith, Board member for ECHSD, commented on the fact that there was already an agreement between ECHSD & TCMD and the property would be handed over with the deed. • Need additional note on the vacation of the old "F" • Review of the drainage access easement; will the town obtain access easements for that parcel and where is the dedication to the district so that the town would be able to access the drainage easements • Condition of plat produced by Alpine Engineering as not good detailed work Dominic Mauriello representing Traer Creek RP LLC, addressed some concerns expressed by the Council. Dan Smith, ECHSD Board member, also commented on the process noting that he hoped there wouldn't be a decision to table as it would only delay their project. Town Attorney John Dunn commented on the Easements with Covenants & Restrictions documents, noting that the town does not typically concern itself with private covenants or easements that affect the property in its subdivision regulations and that it would be a concern of the title company. Dunn also noted some concerns with Note #5 and further discussion ensued about the certificate of dedication and ownership. It was noted that the roads haven't been dedicated to the Town yet; that would not occur until the Metro District is dissolved. Regular Council Meeting Page 4 of 6 April 24, 2007 Councilor Underwood moved to approve Resolution No. 07-15, Series of 2007, Resolution Approving the Amended Final Plat, the Village (at Avon), Filing 3, A Reconfiguration of Tracts B and F, Town of Avon, Eagle County, Colorado with the following conditions to in addition to the engineering-department's technical corrections as follows: • Certification, of Dedication & Ownership: 3`d P; 2nd S reads: "A reconfiguration of Tracts B & F, Town of Avon, Eagle County, Colorado; and dedicates the public access drainage, utility and landscape easement shown within Tract F for the purposes described in Note 9 (not 10); • Note 5: strike & replace with "intentionally omitted" Councilor Carroll seconded the motion and it passed unanimously (Dantas absent). Discussion ensued about staff process given plat document; ~ Mayor Wolfe requested that all plats be reviewed by the legal subcommittee first. Some discussion ensued and staff was asked to return with an outline of how the process might be improved in light of recent technical concerns with plat documents. Ron Wolfe, Mayor, presented Resolution No. 07-16, Series of 2007, Resolution in Support of the 2007 Ballot. Issue Known As "Referendum 1A Whether the Proposed Eagle County Home Rule Charter, as revised by the Eagle County Home Rule Charter Commission, Shall Be Approved" that will change the Eagle County Form Of Government from Statutory to Home Rule Consideration of supporting resolution for Referendum 1A. Councilor Carroll expressed concern over adopting the resolution, noting he was elected for a non partisan position and the topic should not be considered by the local government. Councilor Phillips commented with similar concerns. Some debate occurred and Mayor Wolfe moved to approve Resolution No. 07-16. Councilor Underwood seconded the motion and it passed with a four to one vote (Carroll nay; Dantas absent). TOWN MANAGER REPORT Larry Brooks, Town Manager, noted meetings in the near future tha he would not be attending due to family medical issues. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro asked for a revision to the minutes as noted in her handout related to the Eagle County Agreement for Nottingham Cottages. A brief conversation took place on the climate action plan. Mayor Wolfe asked that the town pay the invoice on the firework contract by April 30th and use the balance of that to enhance the fireworks. Councilor Underwood moved to adopt the consent agenda; Mayor Pro Tern Sipes seconded the motion and it passed unanimously. a. Minutes from March 27, 2007 b. Ground Engineering Consultants - Approve Proposal for Geotechnical Services for 2007 Street Improvements (Norm Wood, Town Engineer) c. Ground Engineering Consultants - Approve Proposal, for Geotechnical Services for Avon Road / Benchmark Road Roundabout (Norm Wood, Town Engineer) d. Agreement with _Restruction Corporation for Temporary Park Access to Falcon Point (Bob Reed, Public Works/Transit Director) Agreement to allow access to Falcon Point in order to demolish pool & deck area of the property e. Western Enterprises, Inc. Contract (Meryl Jacobs, Recreation Director) Contract to facilitate Regular Council Meeting Page 5 of 6 April 24, 2007 the 2007 fireworks. display scheduled for Tuesday, July P f. Climate Action Plan Budget Amendment 2007 (Eric Heidemann, Community Development Director) Proposal from Shmueser/Gordon/Meyer'for professional service to establish Climate Action Plan, plan that.would quantify, track and begin reducing greenhouse gas emissions / included with Resolution No. There being no further business to come before the Council, the regular meeting adjourned, at 9:45 PM. RESPECTFULLY SUBMITTED: APPROVED: Rich Carroll Dave Dantas, Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 6 of, 6 April 24; 2007