TC Minutes 07-10-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JULY 10. 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,
Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager
Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Justin Hildreth,
Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann,
Public Works/Transit Director Jenny Strehler, and Community Relations Officer Becky Lawlor as
well as members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
John Dunn, Town Attorney, asked if there were any discussion related to the Planning & Zoning
items on the agenda that would require disclosure of conflict of interest related to the Gates
item; there were no conflicts revealed.
Larry Brooks, Town Manager, introduced Justin Hildreth as the new town engineer.
APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
John Dunn, Town Attorney, presented 'Ordinance No. 07-05, Series Of 2007, First Reading, An
Ordinance Approving An Amendment To The, Chateau St. Claire Planned Unit Development
(PUD) For Lots 1 & 2, Chateau St. Claire Subdivision, Town Of Avon, Eagle County, Colorado.
Dunn noted this item was tabled at the last meeting, June 24th. He then distributed a unilateral
dedication of easement between CSC Land, LLC and CSC related to the Folson tract property,
an item that would not require council action. The form of the easement was approved by staff;
the deadline for recording the easement was last Friday. Dunn then reviewed the revised
Second Amended & Restated Development Agreement for the Gates which outlines numerous
conditions for the developer and complies with the adopted MOU dated March 27th. The council
memo included the revisions made to the agreement per suggestions made on June 24th which
include the following:
■ Description of general improvement district vs. metropolitan district and how the $40K
fee would be raised
■ Description of how to calculate & reconcile the GID tax with the time-share amenities fee
■ The language in the agreement that allows for creation of the GID and the Metro District
formation, to be authorized at the November election
Discussion ensued on the types of fees/taxes the units would be required to pay and
how a credit should be applied.
3.1 revised the $62.69, to $62.29
■ review of the dedication easement; no council action required
Joel, Rosenstein, representing CSC, LLC, spoke on behalf of the developer and on the
negotiations taking place and written in the Seconded Amended and Restated Development
Agreement. Some discussion ensued on why the formation of the metro district and the GID
district, a brief description of the service plan, and the role the homeowner's association would
play.
Mayor Wolfe opened the Public Hearing, no comments were made and the public hearing was
closed. Two corrections were noted in the easement agreement and two revisions to the
Development Agreement in 3.1 and 3.6 of the document.
Councilor Ferraro moved to approve Ordinance No. 07-05, Series Of 2007, Second Reading,
An Ordinance Approving An Amendment To The Chateau St. Claire Planned Unit Development
(PUD) For Lots 1 & 2, Chateau St. Claire Subdivision, Town Of Avon, Eagle County, Colorado
with changes to 3.1 (include $62.29 instead of $62.69) and 3.6 add "will be conditioned at least
upon...". Councilor Phillips seconded the motion and it passed with a four to one vote (Dantas
nay). Councilor Dantas noted that he did not agree with all the conditions required of the
developer.
ORDINANCES
Jeff Schneider, Engineer, presented Ordinance No. 07-06, Series of 2007, Second Reading, An
Ordinance Amending Section 17.44.040 of Avon Municipal Code to Reference the August 19,
1987 Flood Insurance Rate Map ("FIRM"). He noted that this ordinance is an update to Avon's
Code, Section 17.44.040 to refer to correct the use of the appropriate Flood Insurance Rate
Map. The current code section refers to the FIRM dated 1/25/83. The FIRM is a map provided
by FEMA which details flood insurance requirements for development within floodplains. It was
also noted that a revised FIRM dated 9/30/04 was currently being considered by FEMA and it is
an that that document will be adopted later in 2007. Mayor Wolfe opened the Public
Hearing, no comments were made and the hearing was closed. Councilor Underwood moved
to approve Ordinance No. 07-06, Series of 2007, Second Reading, An Ordinance Amending
Section 17.44.040 of Avon Municipal Code to Reference the August 19, 1987 Flood Insurance
Rate Map ("FIRM"). Mayor Pro Tern Sipes seconded the motion and it passed unanimously.
TOWN ATTORNEY REPORT
Town Attorney John Dunn provided an update on pending litigation related to the decision that
was upheld in appellate court on the short term rentals for Wildridge / the Ferret Lane Case and
the discussions between the Town and Union Pacific RR on various topics.
TOWN MANAGER REPORT
Larry Brooks, Town Manager, presented updates on agenda topics, such as meeting with Eagle
River Fire Protection District, new snow dump location and dinner with Beaver Creek Resort
Company.
CONSENT AGENDA
Mayor Pro Tern Sipes asked that the design work for Benchmark Road doesn't occur without
input from landscape design professionals. Mayor Wolfe asked that transformers not become a
part of the landscape as a large above ground facilities; both engineering and community
development should be aware of these types of things. Mayor Wolfe asked for a motion on the
Consent Agenda. Councilor Ferraro moved to adopt the consent agenda; Mayor Pro Tern Sipes
seconded the motion and it passed unanimously.
a. Minutes from June 26, 2007
b. Benchmark Road Realignment, Civil Engineering Design Services Proposal (Jeff
Schneider, Town Engineer) Recommendation to award design services to Marcin Engineering
c. Avon Transit Center Holy Cross Energy Service Agreement (Jeff Schneider, Engineer) An
agreement with Holy Cross Energy to provide Electrical Service to the Avon Transit Center
Regular Council Meeting Page 2 of 3
ICOt~EX~7
d. Avon Transit Center HP Geotechnical Quality Assurance Services Award (Jeff Schneider,
Engineer) Agreement With H-P Geotech to provide Quality, Assurance observation and testing
services for the Avon Transit Center project
There being no further business to come before the Council, the regular meeting adjourned at
6:40 PM.
RESPECTFULLY SUBMITTED:'
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 3 of 3