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TC Minutes 11-12-2013, AVON TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:3o PM. A roll call was taken and Council members present were Dave Dantas, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Chris Evans was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager /Town Clerk Patty McKenny, Senior Planner Matt Pielsticker, Planner II Jared Barnes, as well as members from the public. 2. APPROVAL OF AGENDA Mayor Carroll noted that the first Executive Session was cancelled. 3. PUBLIC COMMENT Amy Phillips, Avon resident, spoke about 1) that slideshow presentations were highlighted on Channel 5 with the meeting coverage, 2) questioned if the town reviewed the 20o6 West Town Center Plan related to pedestrian or vehicle use of the mall supporting the retail in that area. 4. ACTION ITEM 4.1. Resolution No. 13 -30, Series of 2013, Replenishment Resolution, Authorization of the 2013 Cooperation Agreement between the Town and the Avon Urban Renewal Authority (Finance Director Scott Wright) Kim Crawford, representing Sherman & Howard Law Firm, presented the Resolution as an agreement that requires both Avon Town Council and Avon Urban Renewal Authority's authorization and provides additional security for the Authority's Series 2013 Bonds. The Resolution directs the Town Manager to appropriate funds for the replenishment of the reserve account of the URA and if at any time the reserve account falls below required levels are replenished by town funds. Mayor Pro Tern Goulding moved to approve Resolution No. 13 -30, Series of 2013, Replenishment Resolution, Authorization of the 2013 Cooperation Agreement between the Town and the Avon Urban Renewal Authority; Councilor Reynolds seconded the motion and it passed unanimously by those present (Councilor Evans absent). 5. WORK SESSION (ESTIMATED START TIME 5:30 P.M. —END TIME 7:30 PM) 5.1. Planning & Zoning Commission /Council Six Month Joint Work Session (Senior Planner Matt Pielsticker) 5.1.1. Mall /Avon Rd. Planning Update (Pedro Campos) All members of the Planning and Zoning Commission were present as well as Pedro Campos with Zehren and Associates and designer of the 2012 Mall Improvement Plans. He presented the plans with an expanded scope for the project to include the entire length of the Mall, Avon Road, and pedestrian and bicycle access along Benchmark Road to Avon Road. It was noted that the Avon Road medians, roundabouts, and way finding are included in the design work, with emphasis on new landscaping and implementation of pedestrian and bicycle accommodations to increase safety, encourage ridership and strengthen north -south and east -west traffic flow. Pedro presented design concepts for the project, seeking input and direction that would facilitate the development of schematic designs, which would then proceed through the public process for approval. It was noted that the design program and concepts have been developed by Pedro with Town of Avon staff, including representatives from planning, engineering and parks and recreation. Planning and Zoning Commissioners Phil Struve and Tab Bonidy have also joined this group. A meeting on the design was held with the adjoining property owners on November 11t ", with two open house sessions Avon Council Meeting 13.11.12 Minutes Page 1 T, AV << a N TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET planned after the Tuesday's Work Session - one at Town Hall on December 3rd and a second on December 4t" at the Fire Station in Wildridge. The estimated timeline taking into account construction coinciding with Wyndham landscaping work in summer 2014, was that the schematic plan needed to be completed by February 1st and construction documents and bidding set for a contract to be signed in time for Avon Road improvements to be completed prior to July 3rd and the Mall finished by early fall. There was a dialogue with the group about the presentation. There was consensus to attend the December 17 PZC meeting in order to participate in the final review of the Mall and Avon Road designs. 5.1.2. "Business Friendly" Review Environment There was some discussion about this topic that was raised at the February 26, 2013 joint session, per the Council's desire to open a "business friendly" review environment. There was a review of the 2013 -14 Strategic Plan that listed Economic Development as a high priority, including "working closely with the PZC to understand respective roles so that developers have a good sense of what can and what cannot be negotiated." There was support from council about the work conducted by the commission, noting that there is always a balance to achieve with the development community. It was noted that pre planning meetings have been helpful and applications are then at a better review stage. 5.1.3.Appeal Process Members of PZC requested that the appeals process be discussed, and specifically, when a decision of PZC is appealed is Town Council applying the same guidelines /standards as PZC and /or evaluating the process by which PZC reviewed the application; or is Council conducting in essence a new and independent review of the application? What ability does the Council have that PZC may not have in approving a project which fall outside of the guidelines /standards? There was a conversation about the appeal process and whether or not the council acts as a judicial or legislative body when making decisions. Eric Heil, Town Attorney, reviewed the Municipal Code, noting that the review is DE novo which means they take a "new" review of the complete application. 5.2. Discussion of Funding Request for Augustana Senior Care Facility (Lisa Pease, Augustana Care, Tori Franks, Eagle County) Mery Lapin, community resident, presented information about the Castle Peak Senior Care Community Facility with a review of the capital funds that have been raised towards the $4.4 M. It was noted that Commissioner Sara Fisher, and former Commissioners John Stavney, Peter Runyon supported the endeavor with the land purchase. Jill Kottleson, Eagle County Housing Director, presented additional information about Augustana Care, the nonprofit organization involved in the project. Doris Detton and Dr. Tom Steinberg spoke about their support of the project. There was a request for an Avon council member to serve on their honorary committee. There were some discussions and there was general support from the Town Council for building this facility for the Eagle County community. The need to balance the spending for town initiated projects and county projects were discussed with a review of how the town has supported other county projects. The Town Manager was directed to budget WK expenditure in the Housing Fund as Avon's contribution to the capital campaign for the Augustana Care project. The council members did not commit to or want to encumber future councils with other funding payments from the housing fund for following years. The final budget would be presented at the November 26 meeting. Avon Council Meeting 13.11.12 Minutes Page 2 . " �!Y AoV R .t D O TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET 6. EXECUTIVE SESSION (The Executive Session was cancelled.) 7. ACTION ITEMS 7.1. License Agreement with Hoffmann Commercial Real Estate, Approving Construction and On- Going Maintenance of a Retaining Wall in Hurd Lane Right -of -Way (Senior Planner Matt Pielsticker) Mayor Pro Tern Goulding stepped down at this time due to a conflict of interest on this matter. The Town Council considered a revocable license agreement (Exhibit A) for landscaping improvements on Town Right -of -Way. It was noted that the improvements included replacing river rock boulder walls with a stone clad vertical retaining wall, stone columns on either side of Hurd Lane, as well as groupings of native grasses, boulders, and planting beds. All of the improvements would be constructed and maintained by the adjacent property owner, Hoffmann Commercial Real Estate. Staff noted that they provided the applicant with the standard Town of Avon License Agreement for review and comment. The landscape plan indicated the extent of the improvements (Exhibit B of council packet). Stephanie McClerk, Landscape Architects, spoke about the Hoffman Commercial Real Estate Company's general overview for town improvements with the following highlights: goals & objectives, the southern master plan concepts (matching walls towards Westin), review of Hurd Lane intersection improvements and pedestrian circulations, Stone Wall concepts along Hurd Lane, review of gateway & railway opportunities, review of Christy Sports Building & parking area, review of northern master plan concept, review of vignettes for intersection /roadways, Annex building and Benchmark building enhancements to name a few. Councilor Dantas moved to approve the License Agreement with Hoffmann Commercial Real Estate, Approving Construction and On -Going Maintenance of a Retaining Wall in Hurd Lane Right -of -Way. Councilor Reynolds seconded the motion and it passed unanimously by those present. (Mayor Pro Tern Goulding abstained due to conflict of interest; Councilor Evans absent). 7.2.Approval of a Two -Year Extension of the Development Plan Approval for Beowulf Lot 7, Western Sage, pursuant to §7.16.020(h), AMC. - Reynolds Development Corporation (Senior Planner Matt Pielsticker) Mayor Pro Tern Goulding returned to the meeting at this time. Councilor Reynolds stepped down at this time due to a conflict of interest. It was noted that Community Development received a request for an extension of the Final Design approval for single - family house on Lot 7 of the Western Sage Subdivision in Wildridge. The Final Design was originally approved by the Planning and Zoning Commission (PZC) on November 18, 20o8. It was noted that prior to the expiration of the approval, the property owner requested and received a one (1) year extension from PZC until November 16, 2011. A second extension, this time for two (2) years, was approved by the Town Council on August 23, 2011, which is set to explr_e_on November 1_6, z According to the Municipal Code, the Council may approve multiple extensions. For reference, the subject Design plans are attached as Exhibit B. The PZC unanimously approved the Final Design for this project subject to re- reviewing items prior to the issuance of a building permit (identified in council memo). Staff requested that the request is before the Town Council again so that they can determine whether an additional extension to this Final Design approval is appropriate given the amount of time that has elapsed since original approval. After some discussion, Councilor Fancher moved to approve the request for a Two - Year Extension of the Development Plan Approval for Beowulf Lot 7, Western Sage until November 16, 2015, with the following conditions Avon Council Meeting 13.11.12 Minutes Page 3 \- -, ,, c o i. o AVO o o TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET 1. The car turning radius out of the garage doors must be reviewed and approved by Staff with the review of an auto -turn analysis; z. An improved Landscape Plan must be approved by PZC to address the landscaping below the lowest set of retaining walls 3. Grey Color is not approved and an alternate color must be approved by PZC. 4. Revised light fixtures must be reviewed and approved by Staff. 5. The PZC must re- review and approve the lowest retaining wall. 6. Applicant shall submit an updated land survey of the property depicting the location of the bike lane, utility easements, and any other encumbrances recorded against the property since the original approval, prior to the submittal of a building permit application. 7. The Final Design shall be revised if an up -dated land survey of the property reveals new conditions which will affect the functionality of the driveway access from Wildridge Road East and the location and size of the retaining walls. Councilor Dantas seconded the motion and it passed unanimously by those present. (Councilor Reynolds abstained due to conflict of interest; Councilor Evans absent). 7.3-Village of Avon Update (Eric Heil, Town Attorney) 7.3.1.Action, by Motion and Vote, on Extension of the Outside Date in the Closing Escrow Agreement Councilor Reynolds returned to the meeting at this time. The Town Attorney presented the Village at Avon updates related to the following topics: Water Tank Agreement: agreement is not ready at this time as the parties are continuing to work on revisions, including the form and amount of financial security and the timing of the conveyance of water rights as topics still being negotiated. Bond Closing: the closing has been set for 12/19/13 as the date to execute documents; documents have not yet been distributed to date. Extension of Outside Date: With the approval of the Master Receipt & Escrow Agreement ( "Closing Escrow Agreement ") there is identified an outside date of November 13, 2013 that provides that either parties agree to extend this outside date or the closing escrow agreement and all other settlement documents approved to date would be automatically voided. It was noted that the proposed extension of the outside date is now proposed for January 31 2014 which allows the Town Council to consider the circumstances and status of settlement at its two regular meetings in January. He noted that currently tomorrow, 11/13/13, is the expiration of the outside date so an extension of the outside date is required so that the settlement can remain in progress. He noted that the town has received signed copies of the extension from all other parties. It was also noted that the suggested time frame provides ample time through the holidays for finishing the agreements; the add on retail sales fees are in place; and to take necessary steps to start the refinancing process. Mayor Pro Tern Goulding moved to approve the Extension of the Outside Date in the Closing Escrow Agreement to January 31, 2014; Councilor Fancher seconded the motion and it passed unanimously by those present (Councilor Evans absent). Avon Council Meeting 13.11.12 Minutes Page 4 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET 7.4. Consent Calendar 7.4.1. Minutes from October 22, 2013 Meeting (Town Clerk Patty McKenny) 7.4.2. Approval of 2013 Audit Engagement Letter (Finance Director Scott Wright) Councilor Fancher moved to approve the consent calendar; Mayor Pro Tern Goulding seconded the motion and it passed unanimously by those present (Councilor Evans absent). 8. WORK SESSION 8.1. Presentation of 2014 Snow Plow Routes & Hours of Operation (Road & Bridge Superintendent Gary Padilla & Interim Parks & Recreation Director John Curutchet) John Curutchet, Interim Recreation Director, presented the snowplow schedule & plans for 2013 -2014 winter season noting the differences per the council packet memo. There was full support of the schedule. 8.2. Review of the 2014 Proposed Budget Capital Fund: Final 2014 Projects, including a Nottingham Park Stage Town Manager Virginia Egger noted that the Memo does not recommend any changes from the proposed budget, and a brief review was made of some of the key improvements as listed. There was some discussion about the stage and it was agreed to review the topic at a separate work session and possibly address the use of the land in the park area including the fire station town hall.. There were further comments made about creating a special arts district, the need to plan for the entire area, funding options for improvements, use of community enhancement funds. 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR ❖ Mayor Carroll presented an update on the Mayor /Managers meeting ❖ Town Manager Egger presented an update on a Manager's meeting ❖ Councilor Wolf noted the music lineup for WinterWonderGrass ❖ Mayor Carroll noted a meeting with representative who are interested in bringing a CEO leadership training conference to Avon ❖ Town Manager Egger noted an update from CGI marketing /advertising firm retained by national league of cities to provide some videa on the town's website ❖ Town Manager Egger presented a brief update on the branding effort taking place, more to come. ❖ Town Manager Egger presented an update to ERFPD meetings that are ongoing 10. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) Mayor Carroll moved to convene into Executive Session at 9:45 pm for purpose noted below; Councilor Goulding seconded the motion and the executive session began at 9:10 pm. ✓ Meet Pursuant to Colorado Revised Statute §24- 6- 402(4) (f) for the purpose of discussing personnel matters related to the annual performance review of the Town Manager Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, , Avon Council Meeting 13.11.12 Minutes page 5 AV R D O TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013 AVON TOWN HALL, ONE LAKE STREET Councilor Jennie Fancher, Mayor Pro Tern Todd Goulding, Councilor Buz Reynolds, Councilor Wolf, Town Manager Virginia Egger. Councilor Chris Evans was absent. The Executive Session adjourned and Mayor Carroll noted that regular meeting reconvened and asked if any Council member believed that any discussion in Executive Session was inappropriate and not related to the topic and purpose of the Executive Session to please state their objection at this time. There were no objections stated at this time. There being no further business to come before the Council and the regular meeting adjourned. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Todd Goulding Albert "Buz" Reynolds Jake Wolf Avon Council Meeting 13.11.12 Minutes Page 6