TC Minutes 01-14-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 14, 2003
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor -Buz Reynolds called the meeting' to order afi 5:30 PM.. A roll. call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney
John- Dunn" Town Clerk Patty McKenny, Human Resource Director Jacquie Halbumt, Town
Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed,
Transit Director Harry Taylor, Community Development Director Ruth Borne, and Planner Tambi
Katieb, as well as members of the press and public.
Citizen Input
Jeff Spanel, Intermountain Engineering, spoke about the Buck Creek Drainage project they
assisting with. He presented the Council with a picture of the Town taken from an airplane,
generally used for aerial topography. He also introduced several of his staff who have worked
.on a' number of projects for the Town.
Ordinances
Public Hearing -.Second Reading
Police Chief Jeff Layman Presented Ordinance No. 02-23, No. 02-24, No. 02-25, and.No. 02-26
for second reading. He noted there were no changes to the ordinances since first reading and
indicated that basically these offenses would be written into Municipal Court instead of Eagle
Court. Mayor Reynolds opened the public hearing for all ordinances, no comments were made,
and the hearing was closed. The following motions were made:
Councilor D. Buckley moved to approve Ordinance No. 02-23, Series of 2002 - Amending Title
9 of the Municipal Code of the Town of Avon relating to Bail Bond Condition Violations; and
Providing Penalties for the Violation Hereof. Councilor Brown seconded the motion and it
passed unanimously.
Councilor Sipes moved to approve Ordinance No. 02-24, Series of 2002 -Amending Title 10 of
the Municipal Code of the'Town of Avon Relating to Driver Licenses; and Providing Penalties for
the Violation Hereof. Councilor McDevitt seconded the motion and it passed unanimously.
Councilor Brown moved to approve Ordinance No. 02-25, Series of 2002 - Amending Title 9 of
the Municipal Code of the Town of Avon Relating to Restraining Order Violations; and Providing
Penalties for the Violation Hereof. Councilor Sipes moved to second the motion and it passed
unanimously.
Councilor McDevitt moved to approve Ordinance No. 02-26, Series of 2002 - Amending Title 10
of the Municipal Code of the Town of Avon Relating to Vehicle Registration; and providing for
the Violation Hereof. Councilor Brown seconded the motion and it passed unanimously.
First Reading
Community Development Director Ruth Borne presented Ordinance No. 03-01 on first reading.
She noted that the applicant; IDG3 LLC, submitted a PUD amendment for the purpose of
extending the expiration deadline for one year. In July, Council granted a 6-month extension
(Ordinance 02-17) of the Lot 61 PUD to allow the applicant to explore the opportunities related
to the Town Center Plan without lapsing the currently approved PUD. That expiration date is
February 3, 2003. She explained that in 1998 the original PUD was approved and in 2001 the
Town Center Plan was approved. In the interest of continuing cooperation between the Town
and the applicant, P&Z Commission recommended approval of the extension for one-year in
Resolution 02-01. Staff has met with the applicant several times to discuss the relationship of
Lot 61 PUD to the Town Center Plan and remains concerned that the Lot 61 site-specific
development plan does not comply with the terms and conditions of the Town Center Plan.
Specifically, the necessary road alignments, setbacks, access, and site constraints contradict
the Town Center Plan. Because of these concerns with the site-specific development plan, staff
recommended only a 6-month extension to the Commission.
Applicant Michael Hazard, part of the ownership group of Lot 61, addressed the Council with
regard to several issues noting the he thought it would be an opportunity to create a win-win
situation for both developers and town. The intent of developer of course is to generate
revenue for both them and the town and they are willing to wait to either create a new PUD
based on implementing the town center plan or implement its existing PUD plan if the town
center plan does not proceed. It has been some concern to the Town that this project has not
proceeded thus far, as the Town would like to see some activity in the near future.
Councilor P. Buckley was concerned about committing to a plan when the funding is not yet
identified. Other Council members noted that the next step is to begin forecasting the costs of
implementing the town center plan and at the same time continue to work with the developer of
this lot to make it comply with the town center plan. The ordinance just makes it possible to do
that by allowing the PUD extension.
Mayor Reynolds reminded Council to consider that this is also a stand-alone project. Manager
Brooks also noted that there are some boundary issues that exist. The Council will need to
decide whether or not they will proceed with the approved mall plan (town center plan). He
noted that the Lot 61 project would also have to stand alone as well as fit into the town center
plan and more time is required to determine whether or not that can happen. Staff is basically
recommending that the Town move forward first with action on this ordinance. He noted that
other stakeholders are watching, but may not be willing to act first.
Councilor McDevitt asked about the financial implications of proceeding with the plan, in other
words, the cost of realigning the road, cutting up the bus system, etc. Councilor P. Buckley still
expressed concern that one party has not been involved in the discussions thus far, i.e. Ski
Company. Mayor Reynolds again asked the Council to consider the ordinance.
Councilor Wolfe moved to approve on first reading Ordinance No. 03-01, Series of 2003, An
Ordinance approving an Amendment of the Lot 61, Planned Unit Development (PUD) for Lot 61,
Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado.
Councilor McDevitt seconded the motion and it passed with a five to one vote (Councilor P.
Buckley-nay).
Town Engineer Norm Wood presented Ordinance No. 03-02, revising the existing subdivision
review fees. He noted that the ordinance revises the subdivision review fee schedule to more
accurately reflect the actual costs associated with the review of the various type subdivisions.
The costs have been estimated in accordance with the personnel hourly rate calculations and
proposed subdivision review fees. There was also a comparison with the current Eagle County
and Town of Gypsum fee schedules. He noted that the current fees were adopted more than 20
years ago. Councilor Wolfe commended Engineer Wood on his proposal noting that it is a fact
based development of fees and defendable to those who will pay for them and criticize them.
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January 14, 2003
Councilor McDevitt moved to approve. Ordinance No.~ 03-02, Series 2003, an Ordinance
repealing and reenacting Section 16.12.040 of Title 16 of the Avon Munciipal Code (Subdivision
Review Fees). Councilor Brown seconded the motion and the motion passed unanimously.
Resolutions
Community Development Director Ruth Bome presented Resolution No. 03-01. She explained
that staff had "revisited labor and overhead costs associated with both zoning and design review
applications, working closely with engineering department to arrive at a comprehensive proposal
for revising the fees. There are some areas where new fees have been proposed; examples
such as sketch plan review and administrative PUD amendments. The P&Z Commission
adopted the fee schedule at their January 7t' meeting.
Councilor D. Buckley moved to approve Resolution No. 03-01, Series 2003, A Resolution
revising Fee Schedules for Zoning and Design Review Applications, Town of Avon, Eagle
County, Colorado. Councilor McDevitt seconded the motion and it passed with a majority vote
(Councilor P. Buckley-nay). Councilor P. Buckley did not see that now is the time to increase
the costs to build in Avon. Other Councilors noted that increasing the fees provided a more
equitable way of covering administrative costs.
The Town Council considered resolution No. 03-02, Series 2003, A Resolution establishing a
Town of Avon Battle Mountain High School Scholarship Fund. Mayor Reynolds is donating his
salary from the Town to a fund that will be used to award scholarships to two students
graduating from Battle Mountain High School. Finance Director Scott Wright noted that an
interest bearing account would be setup and there would require official Council action through
a resolution.
Councilor D. Buckley moved to approve Resolution No. 03-02, Series of 2003, A Resolution
Establishing a Town of Avon Battle Mountain High School Scholarship Fund. Councilor Brown
seconded the motion and it passed unanimously.
Town Engineer Norm Wood presented Resolution No. 03-03, a resolution approving an
amendment to the SIA for Buffalo Ridge Affordable Housing Corporation. BRACH and BRIT,
LLLP, developers of Buffalo Ridge affordable housing project, requested a modification to the
SIA which would limit the requirement for retainage held on progress payments for the public
improvements to 10% of the first 50% of construction costs. No further retainage would be
withheld so long as the Town is reasonably satisfied with the progress and quality of the work.
The revision is consistent with typical construction contract documents and is also consistent
with provision in The Village (at Avon), Filing 1 SIA. He noted that the proposed modification
also conforms to minimum requirements of the subdivision security provisions in the Avon
Municipal Code and with the HUD funding requirement for the project. Councilor P. Buckley
asked if approving this amendment would create any increase in costs to the Avon taxpayer;
Engineer Wood indicated that it would not.
Councilor D. Buckley moved to approve Resolution No. 03-03, Series 2003, A Resolution
approving Amendment to Subdivision Improvements Agreement for the Village (at Avon) Filing
2, Town of Avon, Eagle County, Colorado. Councilor grown seconded the motion and it passed
unanimously.
Town Engineer Norm Wood presented Resolution No. 03-04, approving a preliminary plat. He
noted that Stratford at Avon, LLC, owner's of Lots A and B, Avon Center at Beaver Creek,
submitted a Preliminary Plat for the Second Amended Condominium Map and Resubdivision of
Lots A and B, Avon Center. It was noted that the resolution is basically a housekeeping item,
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January 14, 2003
but did require a public hearing. Mayor Reynolds opened the public hearing, no comments
were made and the hearing was closed.
Councilor McDevitt moved to approve Resolution No. 03-04 - Series 2003, Resolution
approving Preliminary Plat for the Second Amended Condominium Map and Resubdivision of
Lots A and B, Avon Center at Beaver Creek, a Resubdivision of Lots 47, 48, 49, 50, 51, 52, 53,
& 54, Amendment No. 4, Town of Avon, Eagle County, Colorado (130 W. Beaver Creek
Boulevard). Councilor Buckley seconded the motion and it.passed unanimously.
New Business
Councilor P. Buckley noted that Estoban Salazar, a new business in Avon, would be offering
legal and tax services. His business is bi-lingual.
Town Manager Report
Town Manager Brooks noted that the discussion on mission, vision, and values and Hurd Lane
road improvements would be scheduled for the next work session meeting. Councilor D.
Buckley requested that a little more time be scheduled for discussion at the work session.
Town Attorney Report
Town Attorney John Dunn provide the following information on when to publish notices:
✓ If Council members received an invitation as a group, they should contact Patty and if 3
or more plan to attend, then she would need to post the meeting notice.
✓ If council members received an invitation individually, and it is clearly directed to the
member in his/her official capacity, they should contact,Patty with a copy of the invitation
and let her know whether or not you are attending. If there are 3 or more attending, then
she should post the notice.
✓ If Council members attended a meeting that they were not invited to or were invited to as
a member of the general public, and three people attend, then the members should not
engage in conversations with each other. It is then not necessary to publish.
Town Attorney answered a question related to Resolutions and where they should generally
appear on the agenda. Some resolutions are consent items, if a public hearing is required, then
a resolution is considered under its own category. There is nothing specifically stating where
resolutions should be-considered.
Mayors Report
Mayor Reynolds thanked Council member for their work thus far on the committees.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley
moved to approve the consent agenda below. Councilor Brown seconded the motion and it
passed with a majority vote (Councilor P. Buckley - nay).
a. Approval of the December 10, 2002 Regular Council Meeting Minutes
b. Resolution No. 03-05, Series of 2003, A Resolution Designating Locations for Posting Meeting
Notices
c. Resolution No. 03-06, Series of 2003, A Resolution Approving the Law Enforcement Assistance
Fund (LEAF) Contract #L-0503
d. _ Resolution No. 03-07, Series of 2003, A Resolution approving the Final Plat for the Second
Amended Condominium. Map and Resubdivision of Lots A and B, Avon Center at Beaver Creek,
A Resubdivision of Lots 47; 48, 49, 50 51, 52,53, & 54, Block 2, Benchmark at Beaver Creek,
Amendment No. 4, Town of Avon, Eagle County, Colorado (130 W Beaver Creek Boulevard)
e. Audit Engagement Letter-Clifton Gunderson LLP
f. Service Agreement with Eagle River Fire Protection District
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January 14, 2003
g. Service Agreement with Eagle County Ambulance District
h. Village at Avon, Filing 1 - Turner Collie & Braden, Inc. - Construction Management/inspection
Services Agreement
There being no further business to come before the Council, the meeting adjourned at 6:45 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
January 14, 2003
RES C FULLY SUBMITTED:
PattcK nny, Tgwrr~ erk
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