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TC Minutes 06-26-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 26, 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. Tamra Nottingham Underwood was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Norm Wood, Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann, Public Works/Transit Director Jenny Strehler, and Community Relations Officer Becky Lawlor as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST John Dunn, Town Attorney, asked if there were any discussion related to the Planning & Zoning items on the agenda that would require disclosure of conflict of interest; there were no conflicts revealed. Larry Brooks, Town Manager, recognized Buz Reynolds, Sr. for his years of service to Avon. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION John Dunn, Town Attorney, presented Ordinance No. 07-05, Series Of 2007, First Reading, An Ordinance Approving An Amendment To The Chateau St. Claire Planned Unit Development (PUD) For Lots 1 & 2, Chateau St. Claire Subdivision, Town Of Avon, Eagle County, Colorado. He reviewed the Second Amended & Restated Development Agreement for the Gates which outlines numerous conditions for the developer and complies with the adopted MOU dated March 27th. Dunn commented on Article III / Exactions of the Agreement related to the following sections: 3.1 Timeshare Amenities Fee 3.5 Formation of the Metro District 3.6 Joint Access/ Recording of Easement 4.3 (b) Damages at $1000/day 6.15 Waiver of Claims Discussion ensued on the following topics: • Resolution No. 07-23 & Exhibit A of the development agreement moves the extension of roofing deadline from July 6th to August 17th • Timeshare as a "use by right°. If timeshare as a use by right is removed the project becomes a whole ownership project which property will be assessed by the district • Estimated revenues generated from timeshares vs. whole ownership units • Incremental impact of the timeshare vs whole ownership unit, it is thought that timeshares have a higher impact on municipal services • Why is there no security included in the agreement • Who serves as the "board" for the district • The Town needs to collect the $40K; different means of 'raising that revenue was discussed MayorWolfe opened the Public Hearing and the following comments were made: ■ Blake Lynch, Attorney representing Folson project, commented on the easement proposal and the nature of who is to bear the costs related to the easement. Discussion ensued as to who should be responsible for these related costs and a description of what the easement looks like. It was suggested that each property owner be responsible to pay for the costs. Mayor Wolfe closed the public hearing. Numerous council comments were made regarding possible revisions to the agreement; staff and Council supported the revision to the documents _to delete "timeshare as a use by right". Mayor Pro Tern Sipes moved to table Ordinance No. 07-05, Series Of 2007, First Reading, An Ordinance Approving An Amendment To The Chateau St. Claire Planned Unit Development (PUD) For Lots 1 & 2, Chateau St. Claire Subdivision, Town Of Avon, Eagle County, Colorado. Councilor Dantas seconded the motion and it passed unanimously by those members present (Underwood absent). John Dunn, Town Attorney, presented Resolution No. 07-23, Series of 2007, Resolution further Modifying a Milestone for Completion of Construction of The Gates, Formerly The Chateau St. Claire Planned Unit Development. He reviewed the resolution that would again extend the milestone event for the completion of roofing in order to permit the Second Amended & Restated Development Agreement to be considered for final approval on July 10th. With the motion to table ordinance until July 10th; Town Attorney John Dunn reviewed a revised timeline for consideration of the ordinance & the extension of the milestone date until July 24th. Mayor Wolfe moved to approve Resolution No. 07-23, Series of 2007, Resolution further Modifying a Milestone for Completion of Construction of The Gates, Formerly The Chateau St. Claire, Planned Unit Development with a change to the final whereas indicating that the Council has considered Ordinance No. 07-05 and it has been tabled until July 10th for first reading with second reading on July 24th and then following the change to the last sentence that extend the- deadline for the roofing milestone until July 24th. Councilor Ferraro seconded the motion and it passed unanimously by those members present (Underwood absent). ORDINANCES Jeff Schneider, Engineer, presented Ordinance No. 07-06, Series of 2007, First Reading, An Ordinance Amending Section 17.44.040 of Avon Municipal Code to Reference the August 19, 1987 Flood Insurance Rate Map ("FIRM"). He noted that this ordinance is an update to Avon's Code, Section 17.44.040 to refer to correct the use .of the appropriate Flood Insurance Rate Map. The current code section refers to the FIRM dated 1/25/83. The FIRM is a map provided by FEMA which details flood insurance requirements for development within floodplains. It was also noted that a revised FIRM dated 9/30/04 was currently being considered by FEMA and it is anticipated that that document will be adopted later in 2007. Mayor Pro Tern Sipes moved to approve Ordinance No. 07-06, Series of 2007, First Reading, An Ordinance Amending Section 17.44.040 of Avon Municipal Code to Reference the August 19, 1987 Flood Insurance Rate Map- ("FIRM"). Councilor Phillips seconded the motion and it passed unanimously by those members present (Underwood absent). RESOLUTIONS Scott Wright, Asst. Town Manager Finance, presented Resolution No. 07-20, Series 2007, A Resolution To Create The Avon Urban Renewal Authority, A Resolution Finding That One Or More Blighted Areas Exist In The Town And That Acquisition, Clearance, Rehabilitation, Conservation, Development, Or Redevelopment, Or Combination Thereof Of Such Areas Is Necessary, Declaring It To Be In The Public Interest That An Urban Renewal Authority Be Created And Exercise The Powers Provided By State Statutes, Creating The Avon Urban Renewal Authority, And Designating The Town Council As The Commissioners Of The Authority. Wright'noted that this is a formal presentation of the Final Conditions Survey which would then be followed by public comments. Mayor Wolfe asked that the Town's URA Regular Council Meeting Page 2 of 5 June 26, 2007 fact sheet & letter from East West Partners be included as part of the record in support of this Resolution No. 07-20. Ken Schreppel, Matrix Design Group, presented the Avon Conditions Survey & Urban Renewal Plan, which was conducted in order to determine if "blight" existed in Avon. He noted that the "survey" was an exam and analysis of various conditions found within a defined geographic area within the municipal limits of Avon, to determine if the area qualifies as "blighted" within the meaning of Colorado Urban Renewal law. The following topics were highlighted: ■ How is blight identified' and documented within an area ■ Conditions indicative of the presence of blight ■ Survey area location, definition and description ■ Survey findings - 9 of 11 findings of blight were identified in Avon In summary, Mr. Schreppel noted that for the purposes of creating an Urban Renewal Authority, and as recommended by the Conditions Survey Report to the Town of Avon, that the Survey Areas in its present condition may be declared a "blighted area" as defined in Colorado Revised State Statutes 31-25-103(2) by reason of the documented evidence of the existing conditions found in the Survey Area, the applicability of those conditions to the 11 blight factors defined in Colorado law, and the existence of five or more of those factors within the Survey Area. Mayor Wolfe noted that the public hearing was continued from June 12, 2007 and asked for public comment on the topic at this time. He also noted that anyone interested in receiving materials related to the URA should contact the Town and information would be forwarded. ■ . Jill Kovacavich, owner Dr's. On Call, spoke & supported the creation of the authority ■ Allen Poe representing Mountain Vista Metro District`spoke that they had some concerns and will continue to work with the Town regarding its development efforts ■ Ruth Borne representing Sheraton Mountain Vista Metro District supported the creation of the Urban Renewal Authority and also noted they have concerns but are working with the Town to resolve the matters Some comments were made regarding the site'plan map; it was noted that a final map outlining the boundary would be forthcoming and it would reflect two independent planning areas, east side & west side of avon road. Randy Funk, Sherman & Howard, reviewed the procedure the Town has moved through related to creating a URA, i.e. the petition process, the public,hearing notices, the Conditions Survey. He also noted that the Urban Renewal Authority would recommend in August a final URA plan to the town council that would be subject to public comment as well. It was noted that because blighted areas exists within at least 4 of the areas of the town, the town is in a position to create the urban renewal authority. The powers of the authority were described, it was noted that it is a separate legal body, that current council member would serve on the authority, and that the body can access financing, in particular tax increment financing; this type of financing was described. 'Mayor Wolfe closed the public hearing at this time. Discussion ensued on the topics of condemnation & eminent domain; Randy Funk commented on those topics and indicated that those powers may or may not be necessary to use. It was noted that members could not abstain from the vote per the Avon Charter. Councilor Ferraro moved to approve Resolution No. 07-20, Series 2007, A Resolution To Create The Avon Urban Renewal Authority, A Resolution Finding That One Or More Blighted Areas Exist In The Town And That Acquisition, Clearance, Rehabilitation, Conservation, Development, Or Redevelopment, Or Combination Thereof Of Such Areas Is Necessary, Declaring It To Be In The Public Interest That An Urban Renewal Authority Be Created And Exercise The Powers Provided By State Statutes, Creating The Avon Urban Renewal Authority, And Designating The Town Council As The Commissioners Of Regular Council Meeting Page 3 of 5 June 26, 2007 The Authority. Mayor Pro Tern Sipes seconded the motion and it passed unanimously by those members present (Underwood absent). Shane Pegram, Engineer II, presented Resolution No. 07-24, Series of 2007, Resolution approving the Final Plat, a Resubdivision of Lot 57, Block 4, Wildridge, Town of Avon, Eagle County, Colorado / 5178 Longsun Lane. It was noted that this was a duplex Subdivision of a partially developed lot, creating duplex lots 57W and 57E. With no further comments, Councilor Carroll moved to approve Resolution approving-the Final Plat, a Resubdivision of Lot 57, Block 4, Wildridge, Town,of Avon, Eagle County, Colorado / 5178 Longsun Lane. Councilor Phillips seconded the motion and it passed unanimously by those members present (Underwood absent). TOWN ATTORNEY REPORT Town Attorney John Dunn presented an update to the discussion with Union Pacific. The meetings have been productive and both parties have a better understanding of future direction related to some drainage issues. TOWN MANAGER REPORT Matt Gannett, Community Development planner; provided an update on future agenda items as follows: July 10th meeting: Avon Town Center West discussion with Design Workshop to discuss branding and logos ■ July: Planning & Zoning consideration & approval of Town Center West design guidelines ■ August: Council review and final adoption of Town Center West design guidelines. CONSENT AGENDA Council questioned the status of the fencing scenario; Shane Pegram, Engineer, noted that a decision would be required of Beaver Creek at this time. He also commented on the facility needs assessment amendment; the amendment would pay for the consultant to provide for more than one scenario in terms of providing for future facilities for public works, transit & parks facilities. Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro moved to adopt the consent agenda; Phillips seconded the motion and it passed unanimously. a. Minutes from June 12, 2007 b. Eagle River Recreation Enhancement Project, Bob the Bridge Whitewater Park Ted Seipel Construction, Inc Contract - Change Order Number 2 (Water Feature Adjustments) (Shane Pegram, Engineer) Work associated with the basic boulder adjustment and augmentation adjacent to the Bob Sr. and Bob Jr. whitewater park structures. c. Eagle River Recreation Enhancement Project, Bob the Bridge Whitewater Park Ted Seipel Construction, Inc Contract - Change Order Number 3 (Bob Jr. Pre-Cast Addition) (Shane Pegram, Engineer) work associated with installation of an additional pre-cast structure in the Eagle River channel next to the existing Bob Jr. structure located in the Town of Avon's Whitewater Park d. 2006 Audited Financial Report (Scott Wright, Asst. Town Manager Finance) Acceptance of the 2006 Comprehensive Annual Financial Report e. Public Works Facility Needs Assessment/Master Plan Maintenance Design Group, LLC - Change Order No. 001 (Jenny Strehler, Public Works/Transit Director) Request for amendment in order to develop two alternative master plans instead of one Regular Council Meeting Page 4 of 5 June 26, 2007 S There being no further business to come before the Council, the regular meeting adjourned at 7:50 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 5 of 5 June 26, 2007