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TC Minutes 06-24-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 24, 2008 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 Dave Dantas. Tamra Underwood was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Director Administrative Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Director of Public Works and Transportation Jenny Strehler, and as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST The agenda was approved and there was a question about a conflict of interest related to the annexation of the Red House property. COMMUNITY INPUT Sarah Will, Access Vail Valley, asked to be included on the Town of Avon's distribution list for reviewing development projects so that her group could have input. She noted that Access Vail Valley's mission is to expand recreation services and access considering those who are disabled as well as the elderly - to create universal access for everybody. ORDINANCES Randy Funk, Sherman and Howard, presented Ordinance No. 08-08, Series of 2008, on Second Reading, an Ordinance repealing Ordinance No. 81-11, Series of 1981, and terminating the existing Town of Avon, Colorado Town Center Mall as a Pedestrian Mall, designating it as a Public Street with vehicular access, and terminating assessments against adjacent Property Owners for Operating Costs. He noted that this legislation takes steps to effectuate the transition of the Mall to a public street with vehicular access and notice was provided to all involved in this effort. Councilor Sipes reiterated the fact that the Main Street formerly known as the mall area will be very pedestrian friendly as well. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Councilor Dantas moved to approve Ordinance No 08-08, Ordinance repealing Ordinance No. 81-11, Series of 1981, and terminating the existing Town of Avon, Colorado Town Center Mall as a Pedestrian Mall, designating it as a Public Street with vehicular access, and terminating assessments against adjacent Property Owners for Operating Costs. Councilor Sipes seconded the motion and it passed unanimously by those members present (Underwood absent). RESOLUTIONS Matt Gannett, Planning Manager, presented Resolution No. 08-21, Series of 2008, Resolution Setting Forth Findings of Fact and Conclusions Regarding Eligibility for Annexation to the Town of Avon of Property Known as the Red House Lots 1 and 2 Annexation. Randy Funk, Sherman & Howard, presented a review of the Red House Annexation application submitted by the Vail Corporation for property known as Red House Lots 1 and 2, 1.44 acre parcel of land located on the northeast comer of Highway 6 and Avon Road. He noted that the petition sets forth the criteria for determining eligibility for annexation to the Town and that the adoption of the resolution does not require the Town to annex the property. It was noted that the applicant will submit several applications during July, including a proposed amendment to the comprehensive plan, a PUD zoning application and a subdivision application. These items would be considered concurrently by the Planning & ,Zoning Commission & by_the Council corresponding with the decision of the Town to annex the property. Mr. Funk made a review of each section in the resolution. Munsey Ayers, Often Johnson, representing Vail' Corporation, described the application for the annexation of the Red House Lots 1. and 2. He noted specifically how the application meets the criteria of the Municipal Annexation. Act of 1965, set forth in Article 12, Title 31 Colorado Revised Statutes. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Phillips moved to approve Resolution No. 08-21, Series of 2008, Resolution Setting Forth Findings of Fact and Conclusions Regarding Eligibility for Annexation to the Town of Avon of Property Known as the Red House Lots 1 and 2 Annexation. Councilor Ferraro seconded the motion and it passed unanimously by those present (Underwood absent). Justin Hildreth, Town Engineer, presented Resolution No. 08-22, Series of 2008, A Resolution Approving an Extension for One Year of the Preliminary Subdivision Plan Approval for the Village (At Avon) Filing No. 4. He made a review of the request by Village (at Avon) for extension of the Preliminary Subdivision Plan and Subdivision Variance and noted the letter explaining good cause for such request. He noted that the wetlands permit has expired and will require further attention from the Army Corps of Engineer-; the applicant noted that the permit should be reissued without any problems. It was noted that the-Preliminary Plan and the Variance approvals are tied together, without one the other is obsolete. Staff noted that the recommendation for one year, was in light of any unforeseen changes that might need' to be made to the plan.' Comments were discussed about how the proposed collateralization estimates were calculated; it was noted that it was reflected in the town's approved standard subdivision improvement agreement form. Councilor Phillips moved to approve Resolution No. 08-22, Series of 2008, A Resolution Approving an Extension for One Year of the Preliminary Subdivision Plan Approval for the Village (At Avon) Filing No. 4. Councilor Dantas seconded the motion and it passed unanimously by those present (Underwood absent). NEW BUSINESS Jeff Schneider, Project Engineer, presented a recommendation to Award the Town of Avon Comprehensive Transportation Plan to Fellsburg, Holt, and Ullevig. He reviewed the proposal for developing ,a transportation master plan including vehicular, bicycle, transit & pedestrian infrastructure as submitted by the consultant FHU. He noted that the most recent plan was completed -in 1990 and updated in 1996. There were comments made related to the need & priority for pedestrian ways throughout the town; staff noted it would focus on that aspect when developing the plan with the consultant. Mayor Pro Tem Sipes moved to award the contract to FHU for Avon's Comprehensive transportation Plan. Councilor Ferraro seconded the motion and it passed unanimously (Underwood absent). TOWN MANAGER Larry Brooks, Town Manager, facilitated a conversation about what type of review process Council wanted for the town attorney selection; the following parameters were agreed upon: Requested that all council members review the proposals ■ Review proposals on July 8th ■ Schedule interviews, on July 22nd It was noted that the Council may convene to an executive session if the attorney arrangement is employed, but they must'address the topic in public if a contract is the focus of the attorney arrangement. Regular Council Meeting Page 2 of 3 08-06-24 TOWN ATTORNEY Town Attorney John Dunn noted that the Eaglebend Subdivision has been approved for exclusion from Eagle Vail and all proper documents have been filed. The exclusion will take effect January 1, 2009. MAYOR REPORT Mayor Wolfe noted that he and the Town Manager would be attending a meeting with representatives from the USFS. He also noted he is scheduled to address the Eagle County open space committee about the eligibility of this property as open space in the near future. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Some discussion ensued on the noise study. Mayor Pro Tern Sipes moved to approve the consent agenda below; Councilor Carroll seconded the motion and it passed unanimously by those member present (Underwood absent). a. Minutes from June 10, 2008 b. Acceptance of 2007 Town of Avon Audited Financial Statements (Scott Wright, Assistant Town Manager Finance) Action to accept the audited financial report prepared by Clifton Gunderson LLP c. Approval of Contract with Fritzlen Pierce Architects for Design of Repair Work for the Recreation Center Patio Ceiling (Justin Hildreth, Town Engineer) Proposal for design services to improving patio area of the Recreation Center d. Contract Award for a "noise study" for potential future attenuation berm to Hankard Environmental, Inc. (Jenny Strehler, Director Public Work and Transportation) The Town requires the services of a noise testing and analysis firm to conduct noise monitoring and computer modeling along 170 in Avon (CIP project #31011 1-70 Noise Reduction Project) There being no further business to come before the Council, the meeting was adjourned at 6:30 PM. RE ELLY SUBMITTED: e2~r~ <21 Patty McKenny, T w erk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwoo Ron Wolfe Regular Council Meeting 08-06-24 Page 3 of 3