TC Minutes 04-24-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD APRIL 24, 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, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra
Nottingham Underwood. Dave Dantas was absent. Also present were Town Attorney John
Dunn, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Jeff Schneider,
Finance Director Scott Wright, 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
There were no changes to the agenda. Town Attorney John Dunn asked if there was any ex
parte communication on the P&Z decision to approve Final Design of Lot 57, Block 4, Wildridge
Subdivision. Mayor Wolfe noted that he had a brief conversation with Community Development
Director Eric Heidemann and Mayor Pro Tern Sipes noted his conversation with P&Z
Commissioner Andrew Lane.
CITIZEN AND COMMUNITY INPUT
Chris Green, P&Z member & resident of Wildridge, provided an update on a Traer Creek Metro
District Design Review Board meeting; topics discussed included signage issues for the new
building in the Village at Avon and a review of Design Review Guidelines minor revisions. It
was noted that sign permits are issued by the town, but are governed by TCMD. A question
was raised about the whether or not there were problems with the roof on the new building since
it appears dead and brown. Staff noted that a surety is being held and they would help try to
determine the status of the situation.
Monica-Ruiz, 1240 Swift Gulch Road, submitted a petition to Avon Council members, with 660
signatures; She indicated their disappointment with the town's decision to eliminate service to
the Buffalo Ridge Apartments and that area of town. Mayor Wolfe responded to a few questions
and explained the transit arrangement per- the agreement with Traer Creek Metro District. He
noted that the agreement states that bus service is optional and that TCMD would decide when
service would be provided. The town decided to go ahead & fund to provide the service in
hopes of demonstrating that there was indeed a need for the service. The need has obviously
been proven, but the Town incorrectly assumed that TCMD would fund the service and cannot
afford to fund the ' new route. Different scenarios of providing service were discussed. The
following public input was heard:
• Keith Webbs depends on service to get to work and will get a ride from the town to serve
him as a disabled person, which will cost more..
• Cameron Hancock, Sheraton resident, was extremely disappointed by the Town's
decision and spoke at length about the scenario it presents for people in the Valley.
The group was encouraged to attend the next Traer Creek Metro District Board meeting on May
16th at 10 AM; it would be imperative for the group to express their concerns to the Board
members.
Mike Bennett, ABA, addressed Council with regard to the Final Walking Map; Council approved .
the map.
Joe Macy, President, Eagle River Watershed Council - Community Pride Highway Cleanup
(Saturday, April 28, 2007) thanked Council with regard to the funding of the cleanup event &
spoke about the new director recently hired.
Ceil Folz, VVF, Vail Valley Foundation 2013 FIS World Alpine Ski Championships / Vail / Beaver
Creek addressed Council with regard to a 2013 bid for the alpine ski championship; she asked
for Avon's support of the VVF to proceed with the 2013 bid. The Vail Valley is the only site that
has sported the event twice; it has been all European locations in the past. Council expressed
unanimous support.
Meryl Jacobs, Recreation Director, and Joe Blair, Mountain Games, LLC, presented an update
on the Whitewater Rodeo Ribbon Cutting Ceremonies & Series. Mayor Wolfe thanked Mayor
Pro Tern Sipes for his vision and efforts in pursing this project & event and Town Engineer Norm
Wood for his ability to implement the project in such a short timeframe.
APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
Mayor Wolfe explained why the "call up for appeal" was made on duplex final design for 5178
Long sun Lane and noted that ultimately the Council would make a motion as to whether or not
to uphold or overturn the action or remand the project back to the Commission with findings of
their decision. Having researched the reports & visiting the site, he continued to ask if the
project met Avon's design criteria, thus the call up. Matt Pielsticker, Community Development
Planner, presented the materials related to the Planning and Zoning Commission Final Design
Approval -Review Lot 57, Block 4, Wildridge Subdivision, 5178 Longsun Lane. He made a
review of the P&Z decision to allow a single family home to convert to a duplex; he provide the
timeline of the project. Discussion of the Commission included numerous topics such as the
viewpoints of adding the unit, the revised landscaping, project colors, etc. It was noted by staff
that the appeal review process is typically a review of the matter based on the criteria set out in
the design review guidelines. Staff did not make a formal recommendation based on the fact
that the project did not meet the definition of an integrated design not bridged by any type of
element. It was noted that the design did improve over time based on recommendations made
the P&Z Commission. A review of the definition was made and staff provided their interpretation
of the project in light of the definition. Bobbie Ladd, Architect for the project, reviewed the
project on behalf of the applicants, Scott & Adrienne Czarniak. He spoke about some of the
more technical changes made to the design over the course of time. Numerous people spoke
on behalf of the applicants and the project as follows:
• Scott & Adrienne Czamiak spoke on behalf of their project asking for Council support
• Chris Evans, P&Z Chairman & Wildridge resident, confirmed his support of the project
and asked that maybe it would be time to review the definition of duplex further
• Phil Struve, P&Z member, commented on the project & why he supported it
• Chris Green, P&Z member, also commented on how the project was required to change
over time based on their review. ,
• 'Buz Reynolds, Wildridge resident, presented his comments of support of the project
Council comments were made and touched on a few topics as follows:
• Duplex definition is a very subjective definition and up for interpretation
• , Was there any strength in the duplex connection
• Mayor Pro Tem Sipes asked that the project be remanded back to P&Z and written
documentation be made within the findings
Regular Council Meeting Page 2 of 6
April 24, 2007
• Prefer to ask that minutes be amended to include such details to their approval
• Suggestion to review the definition and guidelines
• Concern over the sites that could proceed in this design change manner in the future
Councilor Ferraro moved to uphold the P&Z decision with the request that the Commission
reflect the findings of their discussion in the form of amended minutes. Councilor Phillips
seconded the motion and it passed unanimously. Staff was asked to review the definition with
the Commission and possibly revise the duplex definition.
NEW BUSINESS
Eric Heidemann, Community Development Director, presented the recommendation for
Planning & Zoning Commission reappointments to reappoint three current members to the
Planning & Zoning Commission for two years. Councilor Ferraro moved to approve the
reappointment of current members of Julia Foster, Chris Green, and Chris Evans to Planning &
Zoning Commission for another term. The motion was seconded and approved unanimously
(Dantas absent)
Norm Wood, Town Engineer, presented the Avon Transportation Center Update & Construction
Bid with a review of the recent bid opening for construction of transportation center and
recommendation for further negotiations. He noted that there was only,one bid after contacting
13 companies to participate; he reviewed items that were included in the estimates. The budget
on the project was estimated at $2.3 M; there is a possibility of getting the project within the
budget. There would be some adjustments to that bid by reducing the amount of the snowmelt
area and not include the boiler room. The town is the applicant before the P&Z Commission.
With two changes made by P&Z, it was approved with a request to change the footprint & defer
the boiler room. Staff would return with a proposal at the next meeting in hopes of getting the
project within budget. The start date is still May, and will hopefully stay on schedule for
completion in November. It was noted that the grant monies are funded in 2007.
ORDINANCES
John Dunn, Town Attorney, presented Ordinance No. 07-03, Series of 2007, Second Reading,
Ordinance Amending the Municipal Code of the Town of Avon Relating to General Penalties to
Set Forth the Procedures for Prosecution of Civil Infractions; to Identify Penalties for Civil
Infractions; to Identify Violations of The Municipal Code to be Designated as Civil Infractions;
and Providing Details in Connection Therewith. He summarized that the proposed revisions to
Avon's Municipal Code related to procedural requirements for charging and proving civil
infractions. He noted that currently with violations the person must attend Court. In case of
home rule municipalities, that does not have to be true with all violations; there could be a
selection of violations that could be considered as a civil infraction, this matter has been under
study by the legal subcommittee - concept originated with council comments regarding policing
developments. He also noted there were a number of ordinances where it made sense to de
criminalize certain violations and the ordinance allows for that as follows: 1) Building code
violations, 2) Zoning Code violations, 3) Obstruction of a railroad crossing by the railroad,
4) Violation of the refuse ordinance, 5) Violation of the pawn broker ordinance, 6) Failure to
obtain an amplified sound permit, business license, pay accommodations taxes. Mayor Wolfe
opened the public hearing, no comments were made and the hearing was closed. Councilor
Underwood moved to approve, Ordinance No. 07-03, Series of 2007, Ordinance Amending the
Municipal Code of the Town of Avon Relating to General Penalties to Set Forth the Procedures
for Prosecution of Civil Infractions; to Identify Penalties for Civil Infractions; to Identify Violations
Regular Council Meeting Page 3 of 6
April 24, 2007
of The Municipal Code to be Designated as Civil Infractions; and Providing Details in
Connection Therewith with the approval of including a chapter that decriminalized public
nuisance violations as recommended by the Town Attorney. Mayor Pro Tern Sipes seconded
the motion and it passed unanimously (Dantas absent).
Brian Kozak, Police Chief, presented Ordinance No. 07-04, Series of 2007, First Reading,
Ordinance Amending Title 9 of the Municipal Code of the Town of Avon Relating to Criminal
Injury to Property. He reviewed the reason behind drafting the legislation as something that is in
order to create an environment when someone who has damaged an item as a result of a
reckless action to be held accountable for that action. Mayor Pro Tern Sipes moved to approve
Ordinance No. 07-04; Councilor Phillips seconded the motion and it passed unanimously
(Dantas absent).
RESOLUTIONS
Scott Wright, Asst. Town Manager Finance, presented Resolution No. 07-10, Series of 2007,
Resolution to amend the 2007 Town of Avon Budget. He noted that the revisions to the budget
were related to transit & miscellaneous expenditures. Questions arose regarding the purchase
of wind power and the consultant the town will use to draft the climate action plan. Councilor
Underwood moved to approve Resolution No. 07-10, Series of 2007, Resolution to amend the
2007 Town of Avon Budget; Councilor Carroll seconded the motion and it passed unanimously
(Dantas absent).
Jeff Schneider, Town Engineer, presented Resolution No. 07-15, Series of 2007,. Resolution
Approving the Amended Final Plat, the Village (at Avon), Filing 3, A Reconfiguration of Tracts B
and F, Town of Avon, Eagle County, Colorado. He noted that the final plat is a reconfiguration
of Tracts B & F parcels to be conveyed to the Eagle County Health Services District for
construction of an ambulance site. Questions concerning several items were raised as follows:
• Certification of Dedication & Ownership
• Note 7: Tract C is zoned district on the flood plan map / what is reception 852744
• Note 9: questions about access ambiguity
• the Easements with Covenants & Restrictions affecting Land ("ECR") document, Dan
Smith, Board member for ECHSD, commented on the fact that there was already an
agreement between ECHSD & TCMD and the property would be handed over with the
deed.
• Need additional note on the vacation of the old "F"
• Review of the drainage access easement; will the town obtain access easements for that
parcel and where is the dedication to the district so that the town would be able to
access the drainage easements
• Condition of plat produced by Alpine Engineering as not good detailed work
Dominic Mauriello representing Traer Creek RP LLC, addressed some concerns expressed by
the Council. Dan Smith, ECHSD Board member, also commented on the process noting that he
hoped there wouldn't be a decision to table as it would only delay their project. Town Attorney
John Dunn commented on the Easements with Covenants & Restrictions documents, noting
that the town does not typically concern itself with private covenants or easements that affect
the property in its subdivision regulations and that it would be a concern of the title company.
Dunn also noted some concerns with Note #5 and further discussion ensued about the
certificate of dedication and ownership. It was noted that the roads haven't been dedicated to
the Town yet; that would not occur until the Metro District is dissolved.
Regular Council Meeting Page 4 of 6
April 24, 2007
Councilor Underwood moved to approve Resolution No. 07-15, Series of 2007, Resolution
Approving the Amended Final Plat, the Village (at Avon), Filing 3, A Reconfiguration of Tracts B
and F, Town of Avon, Eagle County, Colorado with the following conditions to in addition to the
engineering-department's technical corrections as follows:
• Certification, of Dedication & Ownership: 3`d P; 2nd S reads: "A reconfiguration of Tracts B &
F, Town of Avon, Eagle County, Colorado; and dedicates the public access drainage,
utility and landscape easement shown within Tract F for the purposes described in Note 9
(not 10);
• Note 5: strike & replace with "intentionally omitted"
Councilor Carroll seconded the motion and it passed unanimously (Dantas absent).
Discussion ensued about staff process given plat document; ~ Mayor Wolfe requested that all
plats be reviewed by the legal subcommittee first. Some discussion ensued and staff was
asked to return with an outline of how the process might be improved in light of recent technical
concerns with plat documents.
Ron Wolfe, Mayor, presented Resolution No. 07-16, Series of 2007, Resolution in Support of
the 2007 Ballot. Issue Known As "Referendum 1A Whether the Proposed Eagle County Home
Rule Charter, as revised by the Eagle County Home Rule Charter Commission, Shall Be
Approved" that will change the Eagle County Form Of Government from Statutory to Home Rule
Consideration of supporting resolution for Referendum 1A. Councilor Carroll expressed
concern over adopting the resolution, noting he was elected for a non partisan position and the
topic should not be considered by the local government. Councilor Phillips commented with
similar concerns. Some debate occurred and Mayor Wolfe moved to approve Resolution No.
07-16. Councilor Underwood seconded the motion and it passed with a four to one vote (Carroll
nay; Dantas absent).
TOWN MANAGER REPORT
Larry Brooks, Town Manager, noted meetings in the near future tha he would not be attending
due to family medical issues.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro asked for a revision
to the minutes as noted in her handout related to the Eagle County Agreement for Nottingham
Cottages. A brief conversation took place on the climate action plan. Mayor Wolfe asked that
the town pay the invoice on the firework contract by April 30th and use the balance of that to
enhance the fireworks.
Councilor Underwood moved to adopt the consent agenda; Mayor Pro Tern Sipes seconded the
motion and it passed unanimously.
a. Minutes from March 27, 2007
b. Ground Engineering Consultants - Approve Proposal for Geotechnical Services for 2007
Street Improvements (Norm Wood, Town Engineer)
c. Ground Engineering Consultants - Approve Proposal, for Geotechnical Services for Avon
Road / Benchmark Road Roundabout (Norm Wood, Town Engineer)
d. Agreement with _Restruction Corporation for Temporary Park Access to Falcon Point
(Bob Reed, Public Works/Transit Director) Agreement to allow access to Falcon Point in order to
demolish pool & deck area of the property
e. Western Enterprises, Inc. Contract (Meryl Jacobs, Recreation Director) Contract to facilitate
Regular Council Meeting Page 5 of 6
April 24, 2007
the 2007 fireworks. display scheduled for Tuesday, July P
f. Climate Action Plan Budget Amendment 2007 (Eric Heidemann, Community Development
Director) Proposal from Shmueser/Gordon/Meyer'for professional service to establish Climate
Action Plan, plan that.would quantify, track and begin reducing greenhouse gas emissions /
included with Resolution No.
There being no further business to come before the Council, the regular meeting adjourned, at
9:45 PM.
RESPECTFULLY SUBMITTED:
APPROVED:
Rich Carroll
Dave Dantas,
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 6 of, 6
April 24; 2007