TC Minutes 08-14-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD AUGUST 14. 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, Amy Phillips, Brian Sipes and Tamra
Nott ingham Underwood. Kristi Ferraro was absent. 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/Transportation 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
Some discussion ensued about the order of the agenda items. Mayor Wolfe noted that the
Council committee updates would be included during the regular meeting. John Dunn, Town
Attorney, noted there were no items on the agenda which would require a disclosure.
ORDINANCES
John Dunn, Town Attorney, presented Ordinance No. 07-07, Series of 2007, First Reading,
Ordinance Declaring the Town of Avon General Improvement District No. 1' organized and
submitting to the Electors of the District the Question of Imposing an Ad Valorem Tax to Pay the
Annual Expenses of the District Legislation organizing 'the GID No. 1 & submitting a ballot
question as part of implementing the Second Amended and Restated Development Agreement
for the Gates. The GID would annually impose a mill levy of $40K, in 2008 and adjusted for
inflation, to be used by the Town for transportation and recreation purposes. A brief explanation
was provided 'regarding the process which will occur for the developers to become property
owners who will then the serve as the registered electors and how the Metro District is formed to
serve the Gates property. Joel Rosenstein representing CSC Land asked for, support of the
Ordinance. Councilor'Underwood moved to approve Ordinance No. 07-07, Series of 2007, First
Reading, Ordinance Declaring the Town of Avon General Improvement District No. 1 organized
and submitting to the Electors of the District the Question of Imposing an Ad Valorem Tax to
Pay the Annual Expenses of the District Legislation organizing the GID No. 1 & submitting a
ballot question as part of implementing the Second Amended and Restated Development
Agreement for the Gates. Mayor Pro Tem Sipes seconded the motion and it passed
unanimously by those present (Ferraro absent). It was noted that second reading & a public
hearing would be held on August 28"'.
John Dunn, Town Attorney, presented Ordinance No. 07-08, Series Of 2007, First Reading,
Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, As It Relates To
Applicability To Public Agencies. He noted that this ordinance was housekeeping legislation
which provided for the deletion of language that would be a basis for an argument that the
Town's regulations do not preempt state law. Councilor Carroll moved to approve Ordinance
No. 07-08 Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, As It Relates
To Applicability To Public Agencies. Mayor Pro Tern Sipes seconded the motion and it passed
unanimously by those present (Ferraro absent). It was noted that second reading & a public
hearing would be held on August 28tH
RESOLUTIONS
Rebecca Leonard, Design Workshop, presented the Avon West Town Center District
Investment Plan addressing some historical information as follows: the Process began with a
Charette in 2005, Drafted Design Guidelines 2/07 and presented publicly, Final Step to be the
marketing campaign & launching of the plan. She highlighted the Design Guidelines document
as follows: The Vision of Avon West Town Center, Design .Guidelines - supported by Avon's
Comprehensive Plan, Art & Public Spaces, Streets & Public Spaces, Public Signage Guidelines,
General Building Guidelines, Site Specific Guidelines. , Scott Wright, Asst. Town Manager
Finance, presented the Urban Renewal Plan, noting that several people would be addressing
various components of the plan, those people included Randy Funk, Shermand,& Howard and
Anne Ricker, Leland Consulting. The following items were noted:
• Public notices were published as a requirement of Colorado State Statutes
• The only changes were made to pages 11 & 15 of the plan document
• Condemnation was hot included in the Plan for this location
• In order to use eminent domain powers the plan would have to be amended
• An explanation of "tax increment financing" was provided
• The procedure for creating the URA was highlighted
• Description of the survey area facts was provided,
• How blight is identified and documented was described
Mayor Wolfe opened the public hearing and the following comments were made:
Mike Bennet,, Property owner & manager of West Beaver Creek Lodge - supported plan,
asked`-about property tax impacts, and Nottingham Park as being able to service the
community into the future?
■ Patricia Cristigoodbody, Season's resident, asked if there were businesses that actually
wanted to relocate to the new Main Street?
■ Lynn Rossman, HR Director for Vail Resorts and expressed concern about the
preschool at the Season's building.
■ Kim Moorwood, resident on the lake, was concerned about her property on the lake.
■ Kathy Ryan, resident on the lake, had some concerns about her property
■ Sydney Pitman, Avon Center homeowner, was concerned about the plan & all the
current empty buildings, the parking situation at. the Seasons and Avon Center
■ Barbara May, owner Beaver Bench, was supportive of the plan.
■ Cookie Ritland, owner Stonebridge Condo, asked why Sunridge & W. Beaver Creek
Blvd. weren't included in the plan.
■ Mike Bennet, further questions about the use of eminent domain powers.
■ Comments were received from Eagle County Commissioners & the letter was distributed
Council and was asked to be included as a part of the record.
With no further comments from the public, Mayor Wolfe closed the public hearing.
Eric Heidemann, Community Development Director, presented Resolution No. 07-26, Series of
2007, Resolution Adopting the Avon West Town Center District Investment Plan - August 2007.
Mayor Pro Tem 'Sipes moved to approve Resolution No. 07-26, Series of 2007, Resolution
Adopting the Avon West Town Center District Investment Plan with one addition to include the
word "west" to Avon Town Center District Investment Plan (final Whereas of resolution).
Councilor Dantas seconded the motion and it passed unanimously by those present (Ferraro
absent).
Regular Council Meeting Page 2 of 4
07-08-14
Mayor Wolfe presented Resolution No. 07=27, Series of 2007, A Resolution to approve the
Town Center West Area Urban Renewal Plan. Mayor Wolfe noted a change to the resolution to
include "the Plan" in letter (e) as well as the need for replacement pages to Nos. 11 & 15 of the
URA document. Councilor Underwood moved to approve Resolution No. 07-27 Resolution to
approve the Town Center West Area Urban Renewal Plan. Mayor Pro Tern Sipes seconded the
motion and it passed unanimously by those present (Ferraro absent).
Ron Wolfe, Mayor, presented Resolution No. '07-29, Series of 2007, A Resolution Directing the
Initiation of Acquisition of certain United States Forest Service Lands that are required for the
Safe and Orderly Evolution of the Town. He asked for Council support to take this proposal to
the USFS. He explained how to proceed with taking the parcels out of circulation and into
saving as recreation space, included as an exhibit in the packet. Some discussion ensued
about "how" this could be done, i.e. town site acquisition, land exchange, etc. Dominic Mauriello
asked which pieces of property were to be included and requested a copy of the map showing
the parcels. Councilor Dantas moved to approve Resolution No. 07-29 Directing the Initiation of
Acquisition of certain United States Forest Service Lands that are required for the Safe and
Orderly Evolution of the Town with a change to the a whereas to remove "completely
surrounded" and include "mostly surrounded". Mayor Pro Tern Sipes seconded the motion and
it passed unanimously by those present (Ferraro absent).
Shane Pegram, Engineer II, presented Resolution, No. 07-30, Series of 2007, A Resolution
approving the Fourth Amended Condominium Map of Avon Commercial Center,' Level 2, a
Resubdivision of Unit 230, Avon Center at Beaver Creek, Town of Avon, Eagle County,
Colorado. He noted that this was the fourth amended condominium map to resubdivide Unit
230 at 100 W. Beaver Creek Blvd, which converted a hallway and is in conformance with Title
16 of the Code. Councilor Underwood moved to approve Resolution No. 07-30, Series of 2007,
A Resolution approving the Fourth Amended Condominium Map of Avon Commercial Center,
Level 2, a Resubdivision of Unit 230, Avon Center at Beaver Creek. Mayor Pro Tern Sipes
seconded the motion and it passed unanimously by those present (Ferraro absent).
NEW BUSINESS
Lary Brooks, Town Manager, presented the Lease executed by Eagle River Fire Protection
District for Snow Storage, with a brief review of the new lease arrangement with ERFPD for use
of Tract E, Village at Avon, Filing 3 as a snow storage location. Mayor Pro Tem Sipes moved to
approve the Lease with Eagle River Fire Protection District for Snow Storage; Councilor Dantas
"seconded the motion and it passed unanimously by those present (Ferraro absent).
UNFINISHED 1 OLD BUSINESS
Matt Pielsticker, Planner II', presented the West Avon Trail Project and related Cost Share
Agreement between the United States Forest Service, Town of Avon, Berry Creek Metro
District, and Singletree Property Owners Association. He reviewed the status & progress on
trail planning in W. Avon; Don Drexler, USFS, was present to encourage Council to move
forward with this project. Councilor Underwood moved to authorize the execution of the Cost
Share Agreement in order to proceed with the project; Mayor Pro Tern Sipes seconded the
motion and it passed unanimously by those present (Ferraro absent).
COUNCIL COMMITTEE UPDATES
Councilor Dantas presented an update from the Community Development SubCommittee
meetings related to the zoning of large duplex lots to two single families with restrictions.
Regular Council Meeting Page 3 of 4
07-08=14
Council discussion ensued on the topic and further proposals would be presented for Council
consideration.
Councilor Phillips presented a Channel 5 update on recent meetings and happenings at the
station. Council expressed concerns about the success of the station' and,-its programming.
Council requested that questions included whether or not Channel 5 could coordinate & work
with Eagle County's new programming & when Channel 5 would be able to go to a live stream
utilizing Avon's new technology. Until these two topics were addresses, any future funding
would be in jeopardy. `
OTHER BUSINESS
Larry Brooks; Town Manager, presented Traer Creek Metro District letter to UERWA regarding
Eagle County Health Service District Facility at Traer Creek and construction of water tank. It
was noted that no action would be involved at this time, but that it was informational only. Some
discussion ensued on the progress being made on the project.
Town Manager Report
Larry Brooks Town Manager noted the following:
Asked that Becky attend the Beaver Creek Summer Marketing meetings
® Possibility of a joint meeting with P&Z and Orion Development` to continue some
discussion about an application
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Phillips moved to adopt the
consent agenda; Mayor Pro Tern Sipes seconded the motion and it passed unanimously.
a. Minutes from July 10, 2007
There being no further business to come before the Council, the regular meeting adjourned at
10:10 PM.
RESPECTFULLY SUBMITTED:
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 4 of 4
07-08-14