TC Minutes 12-13-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD DECEMBER 13, 2005
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 5:30 PM. A roll call was taken and Council
members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes
and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John
Dunn, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Finance Director
Scott' Wright, Acting Police Chief Mike Leake, Town Engineer Norm Wood, Public Works /
Transit Director Bob Reed, and Community Development Director Tambi Katieb, as well as
members of the press and public.
Approval of Agenda
There were no changes to the agenda and it was approved.
Disclosure of Potential of Conflict of Interest
Town Attorney John Dunn asked if any member had ex parte communication regarding the
application of CSC Land, LLC for the PUD amendment agenda item; members indicated they
had none.
Citizen Input
Drew Dodd with Avon's Business Association presented information about Avon businesses
participating in a Holiday promotion with some advertising promotions. The new owner, Eric
Goldman, of "Natural Cleaners" introduced himself & presented information about his new
business in Avon.
Staff Updates
Jeff Schneider, Engineer II, presented an update of design changes initiated by Council at the
11/8/05 work session. Changes identified included roadway design changes along EagleBend
to calm traffic, the preservation of trees along the railroad, and bridge changes on Stonebridge
Drive to make the bridge more aesthetically pleasing as well increase the lighting to help with
pedestrian safety. He noted that lane widths and gutters on the south side were reduced in
size. He noted that the current design,requires removal of 9 trees and the transplantation of 7
trees; exact determinations would occur in the field with great care. Discussion ensued on the
design & lighting of the bridge as well as cost implications related to the suggestions. Council
asked staff to continue to evaluate the scenarios without impacting the budget too greatly.
Jacquie Halbumt, Asst. Town Manager, presented a request made by Councilor Buckley to
research a Town sponsored green or environmental award program for businesses in Avon that
engages in environmentally sound business practices or sustainable ways. Some ideas were
suggested and discussed, such as creating a stewardship program instead of an award
program. Council members supported the idea and Staff was asked to continue working with
Matt Scherr and his organization, the Eagle Valley Alliance for Sustainability to develop such a
program.
Jacquie Halburnt, Asst. Town Manager, presented the revisions made to the Holiday Lighting
Contest, new categories were identified, etc. The contest would be held December 19, 2005
and awards would be made the first meeting in January. Also, it was noted the town's holiday
lunch would be held on Friday, December 16th.
Mike Leake, Acting Police Chief, addressed the topic of the Colorado State Patrol ("CSP")
Bicycle Event Cap, a review of the Colorado State Patrol's new policy imposing a limit on riders
in bicycle races. He noted that the Triple Bypass would be impacted by this restriction. It was
suggested that Avon submit a letter to the State Patrol opposing this restriction. Since then he
has learned that the State Patrol would not implement this policy for one year in order to obtain
more public feedback. Safety & Manpower were cited as the reasons behind the new policy.
Chief Leake's recommendation at this time would be to wait with a letter until further community
discussion takes place and a final decision by "CSP" has been made.
Ordinances
Tambi Katieb, Community Development Director presented on second reading Ordinance No.
05-12, Series of 2005, An Ordinance approving an Amendment to the Chateau St. Claire
Planned Unit Development (PUD) for Lots 1 and 2, Chateau St. Claire Subdivision, Town of
Avon, Eagle County, Colorado. It was noted that CSC Land, LLC proposes an amendment to
the Chateau St. Claire PUD, an amendment that would extend the vesting period and final
completion date of the project. He reviewed his memo included in Council's packet that
provided a detailed background of the discussions & conditions. The Ordinance was approved
on first reading with several conditions and with a requirement that verification of funding be in
place prior to the Ordinance being effective (January 10, 2006). He noted that the financial
revenue model & analysis have been completed & reviewed by the Town and the changes to
the project, from timeshare to whole ownership, remain consistent with the existing PUD
development standards & acceptable from a revenue/expense model perspective. He noted
that the applicant discussed further changes to the completion milestones. Staff recommended
approval of the current development agreement, which allows for council consideration &
extension of any interim milestone for a delay, which Council may deem excusable. And finally,
he noted that the recommendation to approve the ordinance on second reading is conditioned
on the proposed loan closing and the recorded mortgage or deed of trusts being evidenced to
the Town. Should that not occur before the January 10, 2006 Council meeting, the ordinance
and action on this agreement would be void. John Dunn, Town Attorney, presented a copy of
an undated & unexecuted loan commitment from CSC Land, LLC; staff therefore continued to
recommend denial of the ordinance on second reading.
Chris Payne, Ballard Spahr Law Firm, confirmed that the group does not have the signed
commitment letter or the loan commitment nor does it have authorization on the application.
Payne explained that the problems with the bank are within the bank itself and possibly
bureaucratic in nature. He noted that the group has forwarded all the required documents.
Further comments were made regarding the stage in which the application is pending; it has
been forwarded to the Minneapolis office by the originating loan officer with no problems. Dunn
asked Council as well as raised the question for CSC Land, LLC about the group funding the
$250K restoration bond that would be due three days after adopting the Ordinance, if in fact it
were adopted. Detailed discussion ensued about the deadline to meet with the sale of 30% of
the units (wholly owned units were sold), the development agreement & proposed construction
schedule. Payne commented on why the developer requested a revised schedule that was
extremely conservative, and noted that this schedule provides for the buffers needed on this
project (construction commencement date projected for March 06).
Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed.
Mayor Pro Tern Underwood expressed continued concern about the project and its delays and
the group's inability to present the agreed upon documents by the due dates. She expressed
that the Town has been exceedingly flexible with this project and yet the developer continues to
request extensions. Tim Barton, CSC Land, Inc. indicated that his company could provide
immediately with the $250K monies and certainly by Friday if the ordinance were approved.
Regular Council Meeting Page 2 of 5
December 13, 2005
Mayor Wolfe noted that the $250K is due in three days and must have a full loan closing in
place before January 10, 2006 and he moved to approve on second reading Ordinance No. 05-
12, Series of 2005, an Ordinance approving an Amendment to the Chateau St. Claire Planned
Unit Development (PUD) for Lots 1 and 2, Chateau St. Claire Subdivision, Town of Avon, Eagle
County, Colorado,with the development schedule proposed by the applicant, as "Exhibit A„.
Town attorney John Dunn asked the Mayor to include an additional condition "that all amounts
owing to the Town and consultants must be paid in three days as well". Mayor Wolfe was in
agreement and moved to include that language. Councilor Buckley seconded the motion and it
passed with a four to two roll call vote (Ferraro, Underwood nay). The Ordinance would be
effective on January 10, 2006 as long as the conditions were met.
None Wood, Town Engineer, presented Ordinance No. 05-13, Series Of 2005, on First
Reading, An Ordinance Amending Titles 12 and 16, Avon Municipal Code, Relating to Fees
Charged for Review of Applications for Rights-Of-Way Permits and Subdivision Approval He
noted that this legislation Repeals the section of the Code which outlines fees for permits in
public rights-of-way and applications for subdivisions, and establishes them by resolution
instead, a housekeeping item. Mayor Pro Tern Underwood moved to approve Ordinance No.
05-13, Series 'Of 2005, on First Reading, An Ordinance Amending Titles 12 and 16, Avon
Municipal Code, Relating to Fees. Councilor Sipes seconded the motion and it passed
unanimously with a roll call vote.
Larry Brooks, Town Manager, presented Ordinance No. 05-14, Series of 2005, First Reading,
An Ordinance Amending Title 8, Avon Municipal Code, Prohibiting Smoking In Certain Places,
And Providing Fines For The Violation Hereof. He noted that this includes a review of
legislation that prohibits smoking in certain places, and provided for fines for the violation
thereof and that it is modeled to mirror Eagle County's legislation. Discussion ensued about
various aspects of the legislation, i.e smoking on chairlifts, the inclusion of gondola cars, parking
garages indoor & outdoor spaces. Suggested revisions included the following sections:
✓ 84.24.080 - include the 25 feet perimeter in this section
✓ 84.24.110 -change #6 to include "outdoor parking lots and uncovered parking garages"
& change it to read 84.24. 100 (not 110)
Mayor Wolfe noted that he had conversations with public officials in Vail about this topic.
Councilor Sipes moved to approve Ordinance No. 05-14, Series of 2005, on First Reading, An
Ordinance Amending Title 8, Avon Municipal Code, Prohibiting Smoking In Certain Places, And
Providing Fines For The Violation Hereof with the changes noted above. Councilor Buckley
moved to second the motion and it passed unanimously with a roll call vote.
Resolutions
Scott Wright, Finance Director, Resolution No. 05-52, Series Of 2005, A Resolution Levying
General Property Taxes for the Year 2005, to Help Defray the Costs of Government for the
Town of Avon, Colorado, for the 2006 Budget Year. He noted that this resolution provides for
final adoption of the proposed 2006 operating budgets noting the property tax mill rates for
general operations (8.956 mills), debt service (4.383 mills) and the Avon Metro District (3.283
mills). Councilor Ferraro moved to approve Resolution No. 05-52, Series Of 2005, A Resolution
Levying General Property Taxes for the Year 2005. Councilor Buckley seconded the motion
and it unanimously with a roll call vote.
Scott Wright, Finance Director, presented Resolution No. 05-53, Series Of 2005, A Resolution
Levying General Property Taxes For The Year 2005, To Help Defray The Costs Of Government
For The Avon Metropolitan District, Avon, Colorado, For The 2006 Budget Year. He noted that
this was Final adoption of revised operating budgets for 2005. With no further comments or
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_ December 13, 2005
discussion, Mayor Pro Tern Underwood moved to approve Resolution No. 05-53, Series Of
2005, A Resolution Levying General Property Taxes For The Year 2005. Councilor McDevitt
seconded the motion and it passed unanimously with a roll call vote.
Norm Wood, Town Engineer, presented Resolution No. 05-58, Series Of 2005, A Resolution
Authorizing the Appropriation and Adjudication of a Recreational In-Channel Diversion (RICD)
Water Right in the Eagle River at the Town of Avon for a Water Park and Related Facilities. He
noted that this resolution was authorization for appropriation of RICD application as well as
acquisition of easements, Right-Of-Ways, permits, etc. Some discussion ensued on the nature
of the language as being °broad". It was noted that language was deemed appropriate for this
action, any fiscal changes would require further council action. Councilor Sipes moved to
approve Resolution No. 05-58, Series Of 2005, A Resolution Authorizing the Appropriation and
Adjudication of a Recreational In-Channel Diversion (RICD) Water Right in the Eagle River at
the Town of Avon for a Water Park and Related Facilities. Councilor McDevitt seconded the
motion and it passed unanimously with a roll call vote.
Norm Wood, Town Engineer, presented Resolution No. 05-59, Series Of 2005, A Resolution
Approving Final Subdivision Plat and Subdivision Improvements Agreement for Dry Creek PUD,
A Resubdivision of Lot 44, Block 2, Wildridge, Town Of Avon, Eagle County, Colorado. He
noted that Blue Bird Meadows, LLC submitted final documents for approval that includes
construction plans for public improvements required to serve the proposed subdivision and a
cost proposals for construction materials and installation of improvements. Councilor Phillips
moved to approve Resolution No. 05-59, Series Of 2005, A Resolution Approving Final
Subdivision Plat and Subdivision Improvements Agreement for Dry Creek PUD. Councilor
McDevitt seconded the motion and it passed unanimously with a roll call vote.
Norm Wood, Town Engineer, presented Resolution No. 05-60, Series of 2005, A Resolution
Approving Final Subdivision Plat for a Resubdivision of Lot 106, Block 1, Wildridge, Town of
Avon, Eagle County, Colorado. He noted that this resolution provides for the creation of the
duplex lots, 106A & 106B for a duplex subdivision at 3055 Wildridge Road.
New Business
Bob Reed, Transit Director, presented the Service Agreement with Eagle County Ambulance
District for the annual fleet maintenance services. Council McDevitt moved to approve the
service agreement with ECMD; Councilor Sipes seconded the motion and it passed
unanimously.
Town Manager Report
Town Manager Larry Brooks presented an update on the search for the new Avon Police Chief.
Council would be asked to complete a survey related to this process.
Mayor Report
Mayor Wolfe presented an update to the meeting with Beaver Creek Resort Company and the
discussion about partnering with them to construct a roundabout at the west lot entrance to
Beaver Creek. Timeframe estimates include about 2 years. Also noted was a Denver Post
article to run over the weekend pertaining to new projects in Avon, i.e. Main Street, railroad
crossing, Confluence project.
Regular Council Meeting Page 4 of 5
December 13, 2005
Consent Agenda
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor McDevitt moved to
adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously.
a. Minutes from November 22, 2005 Regular Council Meeting
b. Renewal of Hotel and Restaurant Liquor License for Columbine Bakery, Inc. d/b/a Columbine
Bakery, 51 Beaver Creek Place, Avon
c. Renewal of Retail Liquor License for Benchmark Liquors, Inc. d/b/a Beaver Liquors, 110 E.
Beaver Creek Blvd, Avon
d. 2006 Street Improvements - Program Summary & Design Services Proposal Award
e. Representation Agreement, Revised Fee Agreement for Professional Legal Services
There being no further business to come before the Council, the regular meeting adjourned at
7:30 PM.
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting
December 13, 2005
RE TFULL qITTED:
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Patty ri enny, Tow Jerk
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