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TC Minutes 10-12-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD OCTOBER 12, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Pro Tern Sipes 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, Buz Reynolds, and Brian Sipes. Ron Wolfe was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Town Engineer Justin Hildreth, as well as other staff members and the public. AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST ✓ Mayor Pro Tern Sipes asked for any changes, Town Attorney Eric Heil asked that an executive session be held after the meeting to discuss pending litigation with the Village at Avon. ✓ Mayor Pro Tern Sipes noted a conflict of interest with the "Master Sign Program for the Seasons Building ". Town Attorney noted that the council could determine the degree of the conflict at that time. STAFF UPDATES Shane Pegram, Project Engineer, presented an update to the Tract J Eagle River, Old Bridge Pier Investigation which was a presentation of some pictures. He noted that he was working on getting an estimate to remove the structure from the water. It was noted that once the estimate were received another update would be provided. There was consensus as to the need to try to mitigate the situation. CONSENT AGENDA Town Attorney Eric Heil presented the engagement letter and noted his approval of the revised language. Mayor Pro Tern Sipes asked for a motion on the consent agenda. Councilor Ferraro moved to approve the consent agenda; Councilor Carroll seconded the motion and it passed with a three to two vote with a condition that a fee schedule of hourly rates be included as part of the documentation ( Dantas, Reynolds nay; Wolfe absent). a. Sherman & Howard Engagement Letter (Scott Wright, Asst. Town Manager Finance) Proposal for professional bond counsel services REVIEW PLANNING & ZONING COMMISSION DECISION Mayor Pro Tern Sipes stepped down from the discussion at this time due to a conflict of interest. Councilor Reynolds moved to appoint Councilor Phillips to lead the discussion on the item; Councilor Dantas seconded the motion and it passed unanimously. Sally Vecchio, Assistant Town Manager Community Development, presented a review of the Master Sign Program ( "MSP ") Amendments within the West Town Center District Investment Plan Area specifically related to the Season's Building as approved by the Planning & Zoning Commission. She noted that as part of the renovation work on the Seasons at Avon building, the owner's of the commercial portion of the property requested an amendment to the master sign program, which was approved in 1994. It was noted that staff was asked by council to provide them information related to all land development decisions in the town core, of which this item is considered. It was also noted that the council could choose one of the following actions: ✓ Overturn the P &Z decision ✓ Uphold the P &Z decision ✓ Revise the conditions of the approval ✓ Remand the application back to P&Z for further consideration The council packet memo outlined the analysis made of the master sign program for the building and noted the following criteria that resulted in differences of opinions between the P &Z Commission & staff: Tenant Signs: ✓ PZC interpretation of the exterior illumination requirement ✓ second story tenant signs were unnecessary Monument Signs: ✓ Size & location of the two monument signs along Benchmark Road Matt Tracer, spoke on behalf of the property owner. With the relocation of Vail Resorts, there is a need to increase the signage for them anticipated multiple tenants. He was supportive of the decisions made by the P &Z Commission. The following commissioners spoke about the applications: Todd Goulding and Chris Green. Councilor Phillips asked if there were any public comments, none were made. Councilor Dantas moved to uphold the P &Z Commission decision and direct staff to rewrite the town center plan to allow for this type of signage. Councilor Reynolds seconded the motion and it passed with a three to one vote (Ferraro nay; Sipes recused, Wolfe absent). ORDINANCES Town Attorney Eric Heil noted that this matter of Ordinance No. 10 -17, would require a majority vote in order to pass the ordinance; that would then require four yes votes to pass; he also noted that the matter would be denied if the vote in favor of the ordinance were less than four votes. He also noted that Mayor Pro Tern Sipes does not vote and since there are five voting a tie would not occur. Scott Wright, Asst Town Manager Finance, presented Ordinance No. 10 -17, Series of 2010, Second Reading, An Ordinance Authorizing the Execution of a Site Improvement Lease, a Lease Purchase Agreement, a Disclosure Certificate, an Escrow Agreement, a Preliminary Official Statement and Other Documents and Matters Relating to Certain Certificates. He noted that this bond refinancing would be used for issuance of bond proceeds from Certificates of Participation ( "COPs ") for refunding of outstanding COPs & issuance of additional proceeds to be used for capital improvements, including but not limited to the Swift Gulch Transit / Public Works Facility Project. Jenny Strehler, Director PW &T, highlighted the Swift Gulch Site Plan and the recent award of the "State of Good Repair' Federal Grant Award and CDOT funding for this facility, noting that monies awarded would possibly total up to $6M. She noted that the bond proceeds help the project move forward, enhance the town's land as an asset, create the possibility of renting space to ECO. Town Manager Brooks commented on the project and how the town arrived to this point of the refinance. There was a review of the financial structure of the refinancing options. Town Manager Larry Brooks provided a summary of how the financing of the project happens alongside the federal and state grants. Some concerns about where the town pays for the matching monies were expressed. Mayor Pro Tern Sipes opened the public hearing, no comments were made, the hearing was closed. Councilor Ferraro moved to approve Ordinance No. 10 -17, Series of 2010, Second Reading, An Ordinance Authorizing the Execution of a Site Improvement Lease, a Lease Purchase Agreement, a Disclosure Certificate, an Escrow Agreement, a Preliminary Official Statement and Other Documents and Matters Relating to Certain Certificates. Councilor Dantas seconded the motion and it passed unanimously (Wolfe absent). Regular Council Meeting Page 2 of 4 10.10.12.doc Eric Heil, Town Attorney, presented Ordinance No. 10 -14, Series of 2010, First Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel. A review of the memo included in the council packet outlining the revisions was made as follows: 1. Housing mitigation revisions 2. Duplex subdivision deletion 3. Comprehensive Plan provision and revisions 4. 3D Renderings addition 5. 7.04.110(d) revisions 6. Delete Temporary Building Suspension 7. 7.16.060 (a) revisions 8. Special Review Use revisions Mayor Pro Tern Sipes opened the Public Hearing and the following people commented: ✓ Chris Green, resident & P &Z, commented on definition, design review guidelines, ✓ Andy Sutton, representing the East West Partners, read a letter about the proposed development code and has concerns about the impacts of their ability to develop the project, requested that the town not take action on the ordinance. Town Attorney Eric Heil provided an update on the matter with East West Partners noting that he had met with their representatives. The public hearing was closed. Council comments were heard and there was a majority of the members who supported adopting the ordinance on first reading and a motion was made. Councilor Carroll moved to approve Ordinance No. 10 -14, Series of 2010, First Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel with changes proposed in the memo written by Town Attorney Eric Heil dated 10/5/10 & memo written by Assistant Town Manager Sally Vecchio dated 10/6/10. Councilor Phillips seconded the motion and it passed with a three to two vote ( Dantas, Reynolds nay; Wolfe absent). It was agreed that any other comments should be forwarded to staff no later than next Monday and changes would be incorporated for second reading to take place on October 26, 2010. Jenny Strehler, Director PW &T, presented Ordinance No. 10 -18, Series of 2010, Second Reading, An Ordinance Adopting Local Designation of Noxious Weeds. She presented a review of the proposed ordinance that allows for 30 day public notice period as well as amends the list to include several weeds designated by the State of Colorado for control or eradication. Mayor Pro Tern Sipes opened the Public Hearing and input was received from Michael Lindholm, Traer Creek LP, who commented on the fact that there are many non compliant properties. He noted that there have been letters sent to the town by Often Johnson that have not been responded to. He noted that there isn't a very good mitigation plan in place for the entire town and that there needs to be a comprehensive plan. Town Attorney Eric Heil noted the letter dated 10/6/10 from Often Johnson did not get into the council packet. Councilor Dantas moved to continue the hearing and decision on Ordinance No. 10 -18 until the next meeting on October 26, 2010; Councilor Reynolds seconded the motion and it passed unanimously (Wolfe absent). Regular Council Meeting Page 3 of 4 10.10.12.doc EXECUTIVE SESSION CONVENED AT 9 PM Councilor Carroll moved to convene into an Executive Session to meet with the town attorney in order to receive legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to pending litigation regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316; Councilor Ferraro seconded the motion and it passed unanimously. The Executive Session adjourned at 9:30 pm. There being no further business to come before the Council, the regular meeting adjourned at 9:30 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reync Brian Sipes Ron Wolfe Regular Council Meeting 10.10.12.doc RESPECTFULLY SUBMITTED: �.�. a Inc- Patty- M ny, Town Page 4 of 4