TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY, MARCH 26, 2013 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT - COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. ACTION ITEMS 4.1. Approval of Minutes from February 26, 2013 4.2. Request to Transfer Town of Avon Radio License to Eagle County per Letter to Federal Communication Commission (Lt. Greg Daly) 4.3. Wildridge Point Subdivision (Jared Barnes, Planner I) 4.3.1. Resolution 13-11, Series of 2013, Resolution Approving a Variance for Lots 33 and 34, Block 4, Wildridge Subdivision 4.3.2. First Reading of Ordinance 13-05, Series of 2013, Ordinance Approving A Minor PUD Amendment and Minor Subdivision for Lots 33 and 34, Block 4, Wildridge Subdivision 4.4. Resolution 13-09, Series of 2013, Resolution to Amend the 2013 Avon Capital Projects Fund Budget, 2013 Supplemental Budget Amendment (Scott Wright, Finance Director) 4.5. Village at Avon Settlement implementation (Eric Heil, Town Attorney) 4.5.1. Update on Settlement Implementation 4.5.2. Resolution No. 13- 10, Series of 2013, Resolution Approving the Asphalt Overlay Escrow Account Agreement 4.5.3. Approval by Motion of Revocable License Agreement for Snow Storage 4.5.4. Motion to Continue to April 9 the Public Hearing for Second Reading of Resolution No. 13-02, Series of 2013, Approving Amendments to Traer Creek Metropolitan District Service Plan 4.5.5. Motion to Continue to April 9 the Public Hearing for Second Reading of Resolution No. 13-03, Series of 2013, Approving Amendments to The Village Metropolitan District Service Plan 5. WORK SESSION 5.1. Planning and Zoning Commission Appointments: Update on Upcoming PZC Appointment Process (Matt Pielsticker, Planner II) 5.2. Hahnewald Barn Report–Historic Status and Relocation Plan (Matt Pielsticker, Planner II) 5.3. Committee Meeting Updates: Councilors and Mayor 5.4. Council Comments TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY, MARCH 26, 2013 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 5.5. Mayor Report 5.5.1. Future Agenda Items 5.6. Financial Matters – Sales and Accommodations Tax January 2013 (Report Only,Kelly Huitt, Budget Analyst) 6. ADJOURNMENT FUTURE COUNCIL AGENDA FOR APRIL 9, 2013 & PROPOSED TOPICS: VILLAGE AT AVON SETTLEMENT DOCUMENTS; REPORT ON 1ST QUARTER STRATEGIC PLAN IMPLEMENTATION TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET CALL TO ORDER AND ROLL CALL Mayor Pro Tem Todd Goulding called the meeting to order at 4:05 PM. A roll call was taken and Council members present were Dave Dantas, Jennie Fancher, Buz Reynolds and Jake Wolf. Rich Carroll was initially absent, but arrived at 4:20 PM. Councilor Chris Evans was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, Finance Director Scott Wright, Planners Matt Pielsticker and Jared Barnes, as well as other staff members and the public. APPROVAL OF AGENDA It was noted that there would be WORK SESSION a) MEET WITH PLANNING AND ZONING COMMISSION: PZC members present included Chris Green, Scott Prince, Phil Struve, Paul Anderson, John Minervini, Timothy Losa, and Jim Clancy. The topics reviewed at the meeting are listed and the 2013/2014 Strategic Plan was reviewed; PZC requested an opportunity to review the work plan at their next meeting. PZC Roles & Responsibilities. TOA 2013/2014 Strategic Plan and Work Plan by Quarter Schedule Next Joint Meeting for Tuesday, August 27, 2013 A TOWN RECEPTION WAS HELD FROM 5:30 PM UNTIL 6 PM FOR RETIRING OFFICER SANTIAGO (JIM) PEREZ IN RECOGNITION OF HIS YEARS OF SERVICE WITH THE AVON POLICE DEPARTMENT. PUBLIC COMMENT There were no public comments at this time. ACTION ITEMS a) RESOLUTIONS i) Resolution No. 13-05, Series of 2013, Resolution in Appreciation of Police Officer Santiago Perez’s Years of Service Chief Ticer presented an award to Officer Perez for his years of service and role as a master police officer. Mayor Carroll read Resolution No. 13-05 thanking Officer Perez for his service. Councilor Dantas moved to approve Resolution No. 13-05, Series of 2013, Resolution in Appreciation of Police Officer Santiago Perez’s Years of Service. Councilor Wolf seconded the motion and it passed unanimously by those present (Councilor Evans absent). ii) Resolution No. 13-06, Series of 2013, Resolution In Appreciation of Recreation Director Meryl Jacobs’ Years of Service Mayor Carroll read Resolution No. 13-06 thanking Recreation Director Meryl Jacobs for her service. Mayor Pro Tem Goulding moved to approve Resolution No. 13-06, Series of 2013, Resolution In Appreciation of Recreation Director Meryl Jacobs’ Years of Service. Councilor Reynolds seconded the motion and it passed unanimously by those present (Councilor Evans absent). EXECUTIVE SESSION At 6:30 pm, Mayor Pro Tem Goulding moved to convene to an Executive Session to discuss the following: 1) Discussion to determine positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24-6-402(2)(e) related to Avon Town Council Meeting February 26, 2013 Page 1 of 7 TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET economic development The motion was seconded by Councilor Wolf. Prior to meeting in executive session, Michael Cacioppo, Avon resident, provided the following comments about the executive session agenda language: The Vail Daily advertisement in newspaper font is too small; requested larger font size. He expressed that he did not think the Executive Session language was transparent enough for the public to understand the topic to be discussed and requested that the town reveal the details to be discussed. At that time, Town Attorney Eric Heil noted that the language was legally appropriate on the agenda and there was no need to explain anything more specifically at this time. The Town Council then met in Executive Session. Mayor Carroll noted that the executive session adjourned at 7:15 pm and they were now reconvened in regular session. He asked if any Town 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 the objections at this time; there were no objections. b) CONSENT AGENDA i) Minutes from February 12, 2013 Councilor Reynolds moved to approve the minutes; Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those members voting (councilor Evans absent). Mayor Carroll presented the Lot 61 Wyndham Vacation Club Development Application noting the following two items be considered by the Town Council at this time on second reading. He noted that both ordinances were approved on first reading on February 12, 2013. Some introductory comments were made summarizing what would be considered with the ordinances and applications. c) LOT 61 WYNDHAM VACATION CLUB DEVELOPMENT i) Public Hearing on Second Reading on Ordinance No. 13-02, Series of 2013, Ordinance Approving amendments to the Avon Development Code to amend definitions, permitted uses in the Town Center Zone District, and amendments to regulations concerning time shares and fractional ownership ii) Public Hearing on Second Reading on Ordinance No. 13-03, Series of 2013, Ordinance Approving a Rezoning Application from the Planned Unit Development (PUD) Zone District to the Town Center (TC) Zone District, for Lot 1, a Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County; Approving a Major Development Plan Application; Approving an Alternative Equivalent Compliance Application; and Approving a Development Agreement for “Wyndham – Lot 61”, located on lot 1, a Resubdivision of 61, Block 2, Benchmark at Beaver Creek. Jared Barnes, Planner I, presented Ordinance No. 13-02, the code text amendment in response to issues brought forth at the December 18th, 2012 Planning and Zoning Commission meeting with regard to the legality of timeshare uses within the Town Center zone district. It was noted that Ordinance 13-02 proposed Code Text Amendments that would amend the following portions of Title 7, Development Code: Chapter 7.08, Definitions; Section 7.24.040, Table of allowed uses; Table 7.24-1, Table of allowed uses; Section 7.24.050, Use-specific regulations; and, Section 7.24.060, Special review uses. He noted that there were no changes to the ordinance from first reading and the proposed legislation addressed the following items: . an amendment to AMC Chapter 7.08, Definitions, is to establish definitions for “Hotel, Motel, and Lodge” and “Vacation Club”. Avon Town Council Meeting February 26, 2013 Page 2 of 7 TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET . an amendment to AMC Section 7.24.040, Table of allowed uses, and Table 7.24-1, Table of allowed uses, is to establish a use type of “Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership/Vacation Club Ownership” and its allowance within each zone district.