TC Minutes 01-09-2007MINUTES OF THE REGULAR MEETING. OF THE AVON TOWN COUNCIL
HELD JANUARY 9, 2007
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 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 Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and
Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager
Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott
Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public
Works/Transit Director Bob Reed as well as members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
Dunn asked about ex parte contact regarding two public hearings on the agenda, there were no
responses from council members.
HOLIDAY LIGHTING CONTEST AWARDS
Mayor Wolfe presented the following people with contest awards:
Commercial: 1 st - Finnegans, 2nd - Christie Lodge
Avon Core: 1st - Kathy and Dave Martinez, 0901 West BC Blvd., 2nd - Roger and Laurel Wilkinson,
4420 Eaglebend Drive
Wildridge/Wiidwood/Mt. Star: 1 st - Pat McKenny 2643 Bear Trap, 2nd - Chris and Michele Evans,
2365 Fox Lane, 3rd - Mark and Joyce Morgan, 2403 Draw Spur
Best Animation: Pat McKenny 2643 Bear Trap
Best Multi-Media: Pat McKenny 2643 Bear Trap
Artistic Merit: Bill & Karen Snare, Jr. 2376 Fox Lane Road
COMMUNITY INPUT
Chris Green, resident & P&Z Commissioner, presented an update on his attendance at the
Traer Creek Metro District Design Review Board in his newly appointed role to that board.
Signage was the topic of the meeting. °
NEW BUSINESS
Mayor Wolfe presented Amplified Sound Permit Application for Vail Eagle Hockey Association
for the Rocky Mountain Pond Tournament to be held January 19 - 21, 2007, an Event to take
place at Harry A. Nottingham Park and to include use of amplified sound for entertainment and
event notifications. Andy Clark was present on behalf of the youth hockey groups and spoke
about the event and noted that every rink has a rink sponsor. He encouraged everyone to
participate or attend. Mayor Wolfe opened the public hearing, no comments were made, and
the hearing was closed. Councilor Underwood moved to approve the Amplified,Sound Permit
Application for Vail Eagle Hockey Association; Mayor Pro Tern Sipes seconded the motion and
it passed unanimously.
APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
Eric Heidemann, Community Development Director, presented the Village at Avon Planned Unit
Development Application. He presented first Ordinance No. 06-16, Second Reading, Series of
2006, An Ordinance Approving with Conditions, a PUD Amendment Application amending the
Village at Avon PUD to permit Emergency Service Uses within Planning Area-N, Filing 3, Village
at Avon Subdivision. A revised copy of the ordinance was distributed to Council with some
further suggested changes made by Munsey Ayers, representing Traer Creek, RP LLC. It was
noted that this ordinance was proposed as a text amendment to the development agreement,to-
allow for emergency services for the location in Planning area N. Discussion items included
some of the following topics:
■ `Include a deadline with respect to the precise final language, preferably in two weeks,
January 23rd
The ability to use the land .for a park and not just for a public works facility
■ Provide separate emergency access to the site
■ Define that Exhibit A is just a schematic description
Mayor Wolfe opened the public hearing and the following comments were heard:
■ Fred Morrison, General Manager of ECHSD, asked that Council reconsider the restroom
request in light of the fact that the park has not really yet been designed or planned. He
expressed concern over liability issues. Further discussion ensued over this topic and
Council expressed their desire to include a public restroom but open only during
business hours.
With no further comments, Mayor Wolfe closed the public hearing.
Mayor Pro Tem Sipes and Councilors Underwood & Ferraro spent a few minutes commenting
on the, newspaper articles and possible public perception regarding this application as well the
inaccurate communication surrounding the topic. It was noted for the record that it was not the
Town who was responsible for delaying this effort and Avon was inappropriately accused of
that. Council members noted they were personally offended by the comments, made in the
newspaper by board members of the Health Services District.
Councilor Underwood then moved to approve on second reading Ordinance No. 06-16, Series
of 2006, An Ordinance Approving a PUD Amendment Application amending the Village at Avon
PUD to permit Emergency Service Uses within Planning Area N, Filing 3,- Village at Avon
Subdivision with the following changes:
■ Include in Condition One: Add language to the end of that condition "which'text shall be
finalized by January 23, 2007".
■ Include in Condition Three: Add language describing Tract F - "in an area not to exceed
.6 acres,- including the access road, and located abutting Swift Gulch Road, generally
located as conceptually depicted on Exhibit A".
■ Include in Condition Four: Include language to the sentence Eagle County Health
Services Districts site shall incorporate public access restrooms, "at least one men's and
one women's facility available during daytime hours".
■ Include in Condition Six: Include language to in accordance with "Allowed Uses" in the
& strike end of the sentence "including but not limited to Section 4.3(d) thereof".
■ Include in Condition Three: add language at the end of the paragraph "and located so
as to preserve the remainder of usable planning area N for park purposes as much as
possible".
Some discussion ensued on including a condition to provide for a separate access for the
ambulance district; it was noted that this suggestion could be reviewed during the subdivision -
application process. The ,comment received support in general but did not receive overall
support to include as a condition at this time. Councilor Ferraro seconded the.motion with the
conditions listed above and it passed unanimously with a roll call vote.
Regular Council Meeting Page 2 of 4
January 9, 2007
Munsey Ayers, Traer Creek LLC legal counsel, noted for the. record that he views the
application as one even though it has been bifurcated into two ordinances and he then
proceeded to introduce Ordinance No. 06-17, Series of 2006, on Second Reading, An
Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at
Avon PUD. to Relocate Planning Area G, from Planning Area RFM-1, Filing 3, Village at Avon
Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision. He noted that the
application amendment proposes to relocate approximately 7.3 acres of Planning Area "G" from
Planning Area RMF-1, Filing 3, Village at Avon Subdivision to Planning Area "D", Filing 1,
Village at Avon subject to conditions.
Discussion ensued on the following topics:
■ Condition 'No. Two as outlined in his memo submitted to Council dated January 5, 2007
related to Alpine Bank's holding the deed of trust and their agreement to delay any
further development on certain sites. Sites to stand down per the applicant's suggestion
were reviewed.
■ A suggestion to table this application in order that the applicant works through the
scenario with the bank; a suggestion not supported by the applicant.
A soils analysis on the site to be completed within 3 months
® Suggestions made as to other planning areas to stand down with no development
Mayor. Wolfe opened the public hearing. No comments were made, and the hearing was
closed. Council members and Attorney Ayers continued discussion to redraft the ordinance
which included addressing the following topics:
■ Identify where on the valley floor the school should be locate
Shorten the timeframe on the deadline for the technical report, Council agreed to a six
month deadline for the geotechnical report (Condition 1)
■ Difficultly with "commercially feasible" language in condition 1 - what is that cost and
who determines when that is exceeded?
■ Desire to prevent the developer from continuing to relocate the school site was
expressed.
■ The use of other planning areas for the, school site - Council was not in agreement that
Parcel M should be used for school site, and the school district stated that as well at a
previous meeting. Council agreed to allowing consideration of Planning Areas A
(excluding the portion described in Exhibit B), B, C, D, E, and/or F as an alternate site if
the technical report was not acceptable and Planning area D does not work. Council
asked that the -developer provide for two alternate sites if that is the case and then
provide for a timeframe for which that conveyance occurs of a newly agreed upon site.
■ The premise that no development would occur on other potential school site locations if
Planning Area G did not work. Council agreed that no further applications/building
permits be issued for Planning Areas A, (excluding the 17 acres as described in Exhibit
B) B, C, D, E, and/or F. And further agreement that the restriction would be lifted once
mutual agreement is made on the new location.
Councilor Phillips moved to table on second reading Ordinance No. 06-17, Series of 2006, An
Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at
Avon PUD to Relocate Planning Area G, from Planning Area RFM-1, Filing 3, Village at Avon
Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision to January 23`d with the
revisions to the ordinance as outlined below:
Condition One changes:
Regular Council Meeting Page 3 of 4
January 9; 2007
■ Change 12 months to 6 months
Include language "substantially in the form of the draft agreement"
■ Include a "minimum of two alternate school sites"
Include important school district points
Condition Two changes:
Delete sentence "provided, however, that the Town Council may, by motion or resolution,
authorize staff to process subdivision........... satisfactory alternate school site locations.
■ Include language regarding lifting the restriction on development
Condition Three changes:
Include language related to submittal of a subdivision application, what is required to be
submitted if an alternate site is approved, "at the time of subdivision of any Planning Area
abutting the alternate Planning Area G location".
Councilor Carroll seconded the motion and it passed unanimously with a roll call vote.
Consent Agenda
Mayor Wolfe asked1or a motion on the Consent Agenda, as follows:
a. Minutes from December 12, 2006
b. " Resolution No. 07-01, Resolution approving the Locations for Posting Notices of Public
'Meetings
c. Metcalf Basin II Drainage -Valuation Consultants Easement Appraisal Services
Mayor Pro Tern Sipes moved to adopt the consent agenda; Councilor Phillips seconded the
motion and it passed unanimously.
There being no further business to come before the Council, the regular meeting adjourned at.
8:30 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro"
Amy Phillips
Brian Sipes
Tamra Underw
Ron Wolfe
Regular douncil Meetin Page 4 of 4
January 9, 2ee6 -ZC17~
RES"-C"TFULLY SUBMITTED: