TC Minutes 06-24-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JUNE 24, 2008
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 Dave Dantas.
Tamra Underwood was absent. Also present were Town Attorney John Dunn, Town Manager
Larry Brooks, Director Administrative Services Patty McKenny, Town Engineer Justin Hildreth,
Assistant Town Manager Finance Scott Wright, Director of Public Works and Transportation
Jenny Strehler, and as well as members of the public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
The agenda was approved and there was a question about a conflict of interest related to the
annexation of the Red House property.
COMMUNITY INPUT
Sarah Will, Access Vail Valley, asked to be included on the Town of Avon's distribution list for
reviewing development projects so that her group could have input. She noted that Access Vail
Valley's mission is to expand recreation services and access considering those who are
disabled as well as the elderly - to create universal access for everybody.
ORDINANCES
Randy Funk, Sherman and Howard, presented Ordinance No. 08-08, Series of 2008, on
Second Reading, an Ordinance repealing Ordinance No. 81-11, Series of 1981, and
terminating the existing Town of Avon, Colorado Town Center Mall as a Pedestrian Mall,
designating it as a Public Street with vehicular access, and terminating assessments against
adjacent Property Owners for Operating Costs. He noted that this legislation takes steps to
effectuate the transition of the Mall to a public street with vehicular access and notice was
provided to all involved in this effort. Councilor Sipes reiterated the fact that the Main Street
formerly known as the mall area will be very pedestrian friendly as well. Mayor Wolfe
opened the public hearing, no comments were made and the hearing was closed. Councilor
Dantas moved to approve Ordinance No 08-08, Ordinance repealing Ordinance No. 81-11,
Series of 1981, and terminating the existing Town of Avon, Colorado Town Center Mall as a
Pedestrian Mall, designating it as a Public Street with vehicular access, and terminating
assessments against adjacent Property Owners for Operating Costs. Councilor Sipes
seconded the motion and it passed unanimously by those members present (Underwood
absent).
RESOLUTIONS
Matt Gannett, Planning Manager, presented Resolution No. 08-21, Series of 2008, Resolution
Setting Forth Findings of Fact and Conclusions Regarding Eligibility for Annexation to the Town
of Avon of Property Known as the Red House Lots 1 and 2 Annexation. Randy Funk, Sherman
& Howard, presented a review of the Red House Annexation application submitted by the Vail
Corporation for property known as Red House Lots 1 and 2, 1.44 acre parcel of land located on
the northeast comer of Highway 6 and Avon Road. He noted that the petition sets forth the
criteria for determining eligibility for annexation to the Town and that the adoption of the
resolution does not require the Town to annex the property. It was noted that the applicant will
submit several applications during July, including a proposed amendment to the comprehensive
plan, a PUD zoning application and a subdivision application. These items would be considered
concurrently by the Planning & ,Zoning Commission & by_the Council corresponding with the
decision of the Town to annex the property. Mr. Funk made a review of each section in the
resolution. Munsey Ayers, Often Johnson, representing Vail' Corporation, described the
application for the annexation of the Red House Lots 1. and 2. He noted specifically how the
application meets the criteria of the Municipal Annexation. Act of 1965, set forth in Article 12,
Title 31 Colorado Revised Statutes. Mayor Wolfe opened the public hearing, no comments
were made, and the hearing was closed. Councilor Phillips moved to approve Resolution No.
08-21, Series of 2008, Resolution Setting Forth Findings of Fact and Conclusions Regarding
Eligibility for Annexation to the Town of Avon of Property Known as the Red House Lots 1 and 2
Annexation. Councilor Ferraro seconded the motion and it passed unanimously by those
present (Underwood absent).
Justin Hildreth, Town Engineer, presented Resolution No. 08-22, Series of 2008, A Resolution
Approving an Extension for One Year of the Preliminary Subdivision Plan Approval for the
Village (At Avon) Filing No. 4. He made a review of the request by Village (at Avon) for
extension of the Preliminary Subdivision Plan and Subdivision Variance and noted the letter
explaining good cause for such request. He noted that the wetlands permit has expired and will
require further attention from the Army Corps of Engineer-; the applicant noted that the permit
should be reissued without any problems. It was noted that the-Preliminary Plan and the
Variance approvals are tied together, without one the other is obsolete. Staff noted that the
recommendation for one year, was in light of any unforeseen changes that might need' to be
made to the plan.' Comments were discussed about how the proposed collateralization
estimates were calculated; it was noted that it was reflected in the town's approved standard
subdivision improvement agreement form. Councilor Phillips moved to approve Resolution No.
08-22, Series of 2008, A Resolution Approving an Extension for One Year of the Preliminary
Subdivision Plan Approval for the Village (At Avon) Filing No. 4. Councilor Dantas seconded
the motion and it passed unanimously by those present (Underwood absent).
NEW BUSINESS
Jeff Schneider, Project Engineer, presented a recommendation to Award the Town of Avon
Comprehensive Transportation Plan to Fellsburg, Holt, and Ullevig. He reviewed the proposal
for developing ,a transportation master plan including vehicular, bicycle, transit & pedestrian
infrastructure as submitted by the consultant FHU. He noted that the most recent plan was
completed -in 1990 and updated in 1996. There were comments made related to the need &
priority for pedestrian ways throughout the town; staff noted it would focus on that aspect when
developing the plan with the consultant. Mayor Pro Tem Sipes moved to award the contract to
FHU for Avon's Comprehensive transportation Plan. Councilor Ferraro seconded the motion
and it passed unanimously (Underwood absent).
TOWN MANAGER
Larry Brooks, Town Manager, facilitated a conversation about what type of review process
Council wanted for the town attorney selection; the following parameters were agreed upon:
Requested that all council members review the proposals
■ Review proposals on July 8th
■ Schedule interviews, on July 22nd
It was noted that the Council may convene to an executive session if the attorney arrangement
is employed, but they must'address the topic in public if a contract is the focus of the attorney
arrangement.
Regular Council Meeting Page 2 of 3
08-06-24
TOWN ATTORNEY
Town Attorney John Dunn noted that the Eaglebend Subdivision has been approved for
exclusion from Eagle Vail and all proper documents have been filed. The exclusion will take
effect January 1, 2009.
MAYOR REPORT
Mayor Wolfe noted that he and the Town Manager would be attending a meeting with
representatives from the USFS. He also noted he is scheduled to address the Eagle County
open space committee about the eligibility of this property as open space in the near future.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda. Some discussion ensued on the
noise study. Mayor Pro Tern Sipes moved to approve the consent agenda below; Councilor
Carroll seconded the motion and it passed unanimously by those member present (Underwood
absent).
a. Minutes from June 10, 2008
b. Acceptance of 2007 Town of Avon Audited Financial Statements (Scott Wright, Assistant
Town Manager Finance) Action to accept the audited financial report prepared by Clifton
Gunderson LLP
c. Approval of Contract with Fritzlen Pierce Architects for Design of Repair Work for the
Recreation Center Patio Ceiling (Justin Hildreth, Town Engineer) Proposal for design services
to improving patio area of the Recreation Center
d. Contract Award for a "noise study" for potential future attenuation berm to Hankard
Environmental, Inc. (Jenny Strehler, Director Public Work and Transportation) The Town
requires the services of a noise testing and analysis firm to conduct noise monitoring and
computer modeling along 170 in Avon (CIP project #31011 1-70 Noise Reduction Project)
There being no further business to come before the Council, the meeting was adjourned at 6:30
PM.
RE ELLY SUBMITTED:
e2~r~ <21
Patty McKenny, T w erk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwoo
Ron Wolfe
Regular Council Meeting
08-06-24
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