TC Minutes 12-14-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD DECEMBER 14, 2004
A regular meeting of the Town of Avon, Colorado was' held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor. Ron Wolfe called the meeting to order at 5:40 PM. A roll call was taken and Council
members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes
and Tamra Nottingham Underwood. Also present were Town Manager Larry Brooks, Town
Attorney John Dunn, Assistant Town Manager Jacquie Halbumt, Town Clerk Patty McKenny,
Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood,
Recreation Director Meryl Jacobs, Public Works / Transit Director Bob Reed and Senior Planner
Eric Heidemann as well as members of the press and public.
Elect Mayor Pro Tern
Mayor Wolfe noted that the First Order of Business was the selection of Mayor Pro Tem and he
reminded everyone that three people expressed interest in the position at the last meeting,
Debbie Buckley, Mac McDevitt, Tamra Underwood. Mac McDevitt withdrew his name at this
time. Town Attorney John Dunn noted that four votes are required to make this selection. After
the counting of the votes, Town Clerk Patty McKenny announced that Tamra Nottingham
Underwood would serve as Avon's next Mayor Pro Tem.
Citizen Input
Fraidy Aber, Special Events Coordinator, presented an update to the cabin opening &
Nottingham Lake Activities. The Holiday Lighting Contest awards were presented. Dan Leary
with Village Metro and Traer Creek Metro Districts presented a check to the Town of Avon for
$125K as a result of the executed 3r' Amendment to the Annexation & Development
Agreement. The third amendment resulted from negotiation between the parties that took place
with regard to the costs related to, police services provided by the Town of Avon to the Village at
Avon area.
Mayor Wolfe asked that Police Chief Jeff Layman address the Council and audience with regard
to the truck traffic causing problems on Metcalf Road. Chief Layman presented a summary with
regard to the survey conducted and highlighted some of the safety concerns that has resulted
from the truck traffic deliveries on Metcalf Road. He spoke about suggestions that have been
conveyed to the business owners that might help resolve some of the issues, i.e. work directly
with delivery companies, additional signage, as well as scheduling a meeting with business
owners to continue to discuss objectives and resolutions. The following people were present at
the meeting and spoke about the topic:
✓ Lea Lundberg, Dahl's of Avon
✓ Rob & Deb Davis, Select Surfaces
✓ Andy Beck, Beck & Associates
✓ Steve Theron, Colorado Mirror & Glass
✓ Chris Evans, Evans Chaffee Construction
✓ Alan Weigod, land owner
✓ Roger Benedict, Ruggs Benedict
✓ Kelly Scott, Maverick Flooring
✓ Rob Wagner, Wagner Electric
Concerns identified by the business owners included some of the following:
✓ How does the town expect them to do business without delivery trucks?
✓ Be careful when addressing the trucking industry and sensitive to the actions the
trucking unions might take.
✓ The problem is related to the design and poor planning of the area; requests were made
of the Town to assist in helping redesign the area in order to solve the problems.
✓ Solution is not ticketing the truck drivers; there should be some sensitivity that the tickets
could ruin a driver's livelihood.
✓ A request was made to summarize the ordinances that are currently being violated.
All agreed there would not be one answer but all parties involved must be cooperative and a
part of the solution. After some further comments by Chief Layman and Town Manager Larry
Brooks, Council asked that another update be provided after the meeting that takes place on
December 15th.
Chris Evans asked Council to contemplate implementing an educational program informing
drivers of levels of intoxication if they so desire after the consumption of alcohol. This request
came in light of someone he knew getting a DUI after a party. Police Chief Jeff Layman was
asked to research the idea and touch base with Chris Evans about any prospective educational
ideas. Evans offered $2000 towards such an educational endeavor for the community.
Resolutions
Finance Director Scott Wright presented the following budget related resolutions:
✓ Resolution No. 04-48, Series Of 2004, A Resolution Levying General Property Taxes For
The Year 2004, To Help Defray The Costs Of Government For The Town Of Avon,
Colorado, For The 2005 Budget Year
✓ Resolution No. 04-49, Series Of 2004, A Resolution Levying General Property Taxes For
The Year 2004, To Help Defray The Costs Of Government For The Avon
He presented information related to the various mill levy rates and assessed valuation for the
Town. The rates are as follows:
General Operating Purposes: 8.956 mills
Debt Service: 4.825 mills, a decrease of .33 mills from 2003
Avon Metro District: 3.479 mills, a decrease of .14 mills from 2003
After some further comments, Mayor Pro Tern Underwood made a motion to approve
Resolution No. 04-48. Councilor McDevitt seconded the motion and it passed unanimously.
Mayor Pro Tern Underwood then moved to approve Resolution No. 04-49; Councilor Ferraro
seconded the motion and it passed unanimously.
Ordinances
Senior Planner Eric Heidemann presented Ordinance No. 04-20, Series of 2004, Second
Reading, An Ordinance Providing for the Amendment of Ordinance No. 98-6, Amending the
Chateau St. Claire PUD Development Plan and Development Standards, Lot 1 and 2, Chateau
St. Claire Subdivision, Town of Avon, Eagle County, Colorado. He noted that the applicant,
Parkhill-lvns Architects, representing the owners of the Chateau St. Claire PUD (aka the Gates
on Beaver Creek) proposes an amendment to the Chateau St. Claire PUD (Ordinance No. 98-
6). The proposed amendments includes the removal of the 6 deed restricted housing units as
required by Ordinance 98-6 to be replaced by 3 fractional ownership units. He noted that the
Ordinance passed on first reading at the 11/23/04 meeting at which time further revisions were
to be made to the development agreement that included clarifying language with respect to the
calculation of exactions (Time Share Amenity Fee, Employee Housing Fee) and language
clarifying assessments and assignment of liens. (Site plans & elevations were also provided at
Regular Council Meeting Page 2 of 4
December 14, 2004
the meeting) And finally he noted that both staff $ the Planning and Zoning Commission
recommended the following conditions outlined below be included in the `agreement:
1. The PUD'amendment is contingent upon a valid Development Agreement between CSC Land,
LLC, and the Town of Avon being approved;
2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced by three
fractional ownership units;
3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing requirements prior
to the issuance of Temporary Certificate of Occupancy;
4. Payment of a Time-Share Amenity Fee to offset additional costs for transportation and recreation;
5. Failure to obtain a Certificate of Occupancy within two years of the effective date of the Amending
PUD Ordinance shall automatically terminate all permits and no further development shall be
permitted under existing approvals;
6. Except as otherwise modified by this permit approval, all material representations made by the
applicant or applicant representative(s) in this application and in public hearing(s) shall be
adhered to and considered binding conditions of approval.
Councilor Sipes and Heidemann highlighted what the $100K fee would be earmarked for, i.e.
the EagleBend Affordable Housing Corporation for future capital projects at the existing
affordable housing project. This would be a decision made by Council at a future meeting.
Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed.
Some discussion was held regarding revising the language in Article IV - Term of Agreement.
Town Attorney John Dunn commented that he and staff were comfortable with the existing
language, and that at the end of 2 years the development agreement is null and void. It was
also noted that if the building permit is not active, the same consequences happen.
Mayor Pro Tern Underwood agreed to live without her suggested language in light of knowing
that Article IV does indeed mean, "if a certificate of occupancy has not been issued by the
second anniversary of the effective date, the agreement shall terminate°, etc. She then moved
to approve on second reading Ordinance No. 04-20, an Ordinance Providing for the
Amendment of Ordinance No. 98-6, amending the Chateau St. Claire PUD Development Plan
and Development Standards, Lot 1 and 2, Chateau St. Claire Subdivision. Councilor McDevitt
seconded the motion and it passed unanimously with a roll call vote.
Town Manager Report
Town Manager Larry Brooks noted that the next regular Avon Council meeting would take place
on January 14, 2005 since a resolution on the consent agenda canceled the meeting on
December 28th. He reminded the Council of the arrangements being made to have dinner with
Beaver Creek Resort Company members.
Town Attorney Report
Town Attorney John Dunn spoke about the following items:
✓ Voting as defined by Avon's Charter in section 6.2 and what constitutes a quorum.
✓ Status of Lot 61
✓ Reminder of the definition of "open meetings" and that 3 or more council members
discussing policy constitute a meeting.
Regular Council Meeting Page 3 of 4
December 14, 2004
Consent Agenda
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor McDevitt moved to adopt
the consent agenda; Councilor Sipes seconded the motion and it passed unanimously.
a. Minutes from November 23, 2004 Meeting
b. Resolution No. 04-50, Series Of 2004, A Resolution Canceling A Regular Town Council Meeting
c. Resolution No. 04-51, Series Of 2004, A Resolution Approving the Amended Final Plat, a Replat
of lot 4 and Lot 5, Mountain Vista Resort Subdivision, Town Of Avon, Eagle County, Colorado
d. Auditor's Engagement Letter - Letter requirement for the independent auditor Clifton Gunderson
LLP, provides quotes for fees for years 2005 & 2006
There being no further business to come before the Council, the meeting adjourned at 7:10 PM.
RE~CTFFULLLc SUBMITTED:
Patty c enny, T 9!n lerk
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwooc
Ron Wolfe
Regular Council Meeting Page 4 of 4
December 14, M64