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TC Minutes 07-10-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JULY 10. 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. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Justin Hildreth, 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 related to the Gates item; there were no conflicts revealed. Larry Brooks, Town Manager, introduced Justin Hildreth as the new town engineer. 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. Dunn noted this item was tabled at the last meeting, June 24th. He then distributed a unilateral dedication of easement between CSC Land, LLC and CSC related to the Folson tract property, an item that would not require council action. The form of the easement was approved by staff; the deadline for recording the easement was last Friday. Dunn then reviewed the revised Second Amended & Restated Development Agreement for the Gates which outlines numerous conditions for the developer and complies with the adopted MOU dated March 27th. The council memo included the revisions made to the agreement per suggestions made on June 24th which include the following: ■ Description of general improvement district vs. metropolitan district and how the $40K fee would be raised ■ Description of how to calculate & reconcile the GID tax with the time-share amenities fee ■ The language in the agreement that allows for creation of the GID and the Metro District formation, to be authorized at the November election Discussion ensued on the types of fees/taxes the units would be required to pay and how a credit should be applied. 3.1 revised the $62.69, to $62.29 ■ review of the dedication easement; no council action required Joel, Rosenstein, representing CSC, LLC, spoke on behalf of the developer and on the negotiations taking place and written in the Seconded Amended and Restated Development Agreement. Some discussion ensued on why the formation of the metro district and the GID district, a brief description of the service plan, and the role the homeowner's association would play. Mayor Wolfe opened the Public Hearing, no comments were made and the public hearing was closed. Two corrections were noted in the easement agreement and two revisions to the Development Agreement in 3.1 and 3.6 of the document. Councilor Ferraro moved to approve Ordinance No. 07-05, Series Of 2007, Second 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 with changes to 3.1 (include $62.29 instead of $62.69) and 3.6 add "will be conditioned at least upon...". Councilor Phillips seconded the motion and it passed with a four to one vote (Dantas nay). Councilor Dantas noted that he did not agree with all the conditions required of the developer. ORDINANCES Jeff Schneider, Engineer, presented Ordinance No. 07-06, Series of 2007, Second 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 an that that document will be adopted later in 2007. Mayor Wolfe opened the Public Hearing, no comments were made and the hearing was closed. Councilor Underwood moved to approve Ordinance No. 07-06, Series of 2007, Second Reading, An Ordinance Amending Section 17.44.040 of Avon Municipal Code to Reference the August 19, 1987 Flood Insurance Rate Map ("FIRM"). Mayor Pro Tern Sipes seconded the motion and it passed unanimously. TOWN ATTORNEY REPORT Town Attorney John Dunn provided an update on pending litigation related to the decision that was upheld in appellate court on the short term rentals for Wildridge / the Ferret Lane Case and the discussions between the Town and Union Pacific RR on various topics. TOWN MANAGER REPORT Larry Brooks, Town Manager, presented updates on agenda topics, such as meeting with Eagle River Fire Protection District, new snow dump location and dinner with Beaver Creek Resort Company. CONSENT AGENDA Mayor Pro Tern Sipes asked that the design work for Benchmark Road doesn't occur without input from landscape design professionals. Mayor Wolfe asked that transformers not become a part of the landscape as a large above ground facilities; both engineering and community development should be aware of these types of things. Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro moved to adopt the consent agenda; Mayor Pro Tern Sipes seconded the motion and it passed unanimously. a. Minutes from June 26, 2007 b. Benchmark Road Realignment, Civil Engineering Design Services Proposal (Jeff Schneider, Town Engineer) Recommendation to award design services to Marcin Engineering c. Avon Transit Center Holy Cross Energy Service Agreement (Jeff Schneider, Engineer) An agreement with Holy Cross Energy to provide Electrical Service to the Avon Transit Center Regular Council Meeting Page 2 of 3 ICOt~EX~7 d. Avon Transit Center HP Geotechnical Quality Assurance Services Award (Jeff Schneider, Engineer) Agreement With H-P Geotech to provide Quality, Assurance observation and testing services for the Avon Transit Center project There being no further business to come before the Council, the regular meeting adjourned at 6:40 PM. RESPECTFULLY SUBMITTED:' APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 3 of 3