TC Minutes 10-23-2012MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 23, 2012
A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street,
Avon, Colorado in the Council Chambers.
Mayor Carroll called the meeting to order at 5:50 PM. A roll call was taken and Council members
Present were Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips and Buz Reynolds.
Also present were Town Attorney Eric Heil, Acting Town Manager Patty McKenny, Town Advisor Larry
Brooks, Finance Director Scott Wright, Director PW &T Jenny Strehler, Deputy Town Clerk Catherine
Mythen, Dee Wiser, Sherman and Howard as well as other staff members and the public.
APPROVAL OF AGENDA
Mayor Carroll added the following item to Staff updates
➢ Updates on Metcalf road
Financial Matters (Scott Wright, Finance Director) Memo Only
PUBLIc HEARING ON 2013 BUDGETS (Scott Wright, Finance Director) Review budget highlights and take
public input on budget
Mayor Carroll thanked staff for the hard work on the 2013 budget; it was noted that staff presented a
balanced budget at their budget retreat. Scott Wright, Finance Director, provided some brief highlights
to the budget and he noted that the final budget adoption was scheduled for November 13. Mayor
Carroll opened the public hearing no comments were heard and the public hearing was closed.
COMMUNITY & CITIZEN INPUT
CONSENT AGENDA
a. Minutes from September 25, 2012 (amended)
b. Minutes from October 9, 2012
c. Amendment to Employment Agreement for Town Advisor (Eric Heil, Town Attorney
Mayor Carroll asked for a motion on the consent agenda. Councilor Evans moved to approve the
consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
NEW BUSINESS
a. Intergovernmental Agreement with Eagle County Animal Control Services for 2013 (Bob Ticer,
Police Chief) Agreement that allows Eagle County Animal Control to provide Animal Control
services in the Town of Avon
Bob Ticer, Police Chief, provided some background information on the IGA with Eagle County Animal
Control Services. He noted that there was no change to the existing agreement from the current to the
existing contract. Mayor Pro Tern Ferraro moved to approve the Intergovernmental Agreement with
Eagle County Animal Control Services for 2013; Councilor Phillips seconded the motion and it passed
unanimously.
b. Assignment of Town Council Member to Avon Committee on Disposition of Forfeited Property
Per Resolution 2000 -12 (Bob Ticer, Police Chief) Request for Council participation on the
Committee in order to proceed with decisio0- making about "use of forfeited property of
expenditure of forfeited proceeds"
Bob Ticer, Police Chief, noted that during the course of criminal investigations, the Avon Police
Department sometimes seizes assets used to facilitate crimes. Colorado State Statutes provide for the
creation of a committee to approve the use or expenditure of forfeited proceeds. He noted that Avon's
resolution 2000 -12 had established this committee, which consists of the Eagle County District
Attorney or designee, Avon Police Chief and a representative from the Avon Town Council. He noted
that at this time he was requesting a council member to sit on this established Committee. Councilor
Reynolds volunteered to sit on the committee on Disposition of Forfeited property to approve the use
or expenditure of forfeited proceeds. Mayor Carroll moved to approve Assignment of Town Council
Member Reynolds to Avon Committee on Disposition of Forfeited Property Per Resolution 2000 -12;
Councilor Phillips seconded the motion and it passed unanimously.
c. Lot 61 Update, Wyndham Development Application (Matt Pielsticker, Planner ll) Review
request from Lot 61 owners to use town property (Lettuce Shed Lane) in zoning calculations
Matt Pielsticker, Planner II, noted that the purpose of the applicants'request is to include the 50'
Lettuce Shed Lane, and the planted 20' Transportation Easement in zoning calculations for the limited
purposes of determining site coverage and landscaping calculations, thereby eliminating the necessity
for a variance application. Councilor Goulding moved to approve the request by Wyndham in using
town owned land in its calculation; Mayor Pro Tern Ferraro seconded the motion and it passed
unanimously.
RESOLUTIONS
a. Resolution No. 12 -13, Series of 2012, Resolution of Support for Eagle River Fire Protection
District Ballot Question 5 A (Rich Carroll, Mayor)
Mayor Carroll, read a letter that he sent to council into the record supporting the District 5A Ballot
Question. After some discussion Councilor Phillips moved to approve Resolution No. 12 -13, Series of
2012, Resolution of Support for Eagle River Fire Protection District Ballot Question 5 A; Councilor
Goulding seconded the motion and it passed with a 6 -1 vote. (Carroll Evans, Ferraro, Goulding, Phillips -
Yay) (Dantas - Nay)
b. Resolution No. 12 -14, Series of 2012, Resolution Supporting the Multi -Party Land Exchange
located in the White River National Forest in Eagle County (Rich Carroll, Mayor) Resolution
supporting land exchange which includes transferring two National Forest Parcels of land to the
Town of Avon
Mayor Carroll presented the Resolution supporting the Multi- Party Land Exchange. The Town of Avon
is not a party to this agreement but is a participant in funding the land transactions, and also the
intended recipient of the two land parcels. It was noted that this resolution reaffirms the Town of
Avon's commitment to the Land Exchange. Councilor Goulding moved to approve Resolution No. 12-
14, Series of 2012, Resolution Supporting the Multi -Party Land Exchange located in the White River
National Forest in Eagle County; Councilor Evans seconded the motion and it passed unanimously.
c. Resolution No. 12 -15, Series of 2012, Resolution Thanking Larry Brooks for Years of Service
(Rich Carroll, Mayor)
Mayor Carroll read the resolution and thanked Larry Brooks for his significant role in helping Avon
achieve its full potential as a community where a diversity of people live, work, and play. Mayor Carroll
moved to approve Resolution No. 12 -15, Series of 2012, A Resolution Thanking Larry Brooks for Years
of Service. Councilor Phillips seconded the motion and it passed unanimously.
Regular Council Meeting Page 2 of 4
Minutes 12.10.23
d. Resolution No. 12 -16, Series of 2012, Resolution Adopting Eagle County Pre - Disaster Mitigation
Plan (Justin Hildreth, Town Engineer) Resolution adopting 2012 Eagle County Pre - Disaster
Mitigation Plan which identifies potential natural and man -made disasters that could occur in
the region
Justin Hildreth, Town Engineer, presented Resolution No. 12 -16, Series of 2012 noting that this plan
replaces the 2005 Pre- Disaster Mitigation plan. This plan identifies potential natural and manmade
disasters that could occur in the Town of Avon and throughout Eagle County. Councilor Dantas moved
to approve Resolution No. 12 -16, Series of 2012, Resolution Adopting Eagle County Pre - Disaster
Mitigation Plan. Councilor Reynolds seconded the motion and it passed unanimously.
a. Public Hearing on Ordinance No. 12 -10, Series of 2012, First Reading, Ordinance Implementing
Settlement Term Sheet to Resolve Pending Litigation on 2008 CV 385 and 2010 CV 316;
Approving the Consolidated and Restated Annexation and Development Agreement; Approving
Acceptance of Real Property and Equipment; Approving the Acceptance and Conveyance of
Water Rights; Approving an Amendment to Village (at Avon) PUD; Approving a Re plat of Lot 1;
Approving Amendments to Chapter 18 of the Avon Municipal Code; Approving the Traer Creek
Plaza condominium application; and Taking such other Actions as Set Forth Herein to
Implement the Settlement Term Sheet (Public hearing continued from 9125112 meeting)
Village (at Avon) Topics & Presentations include:
1. Traer Creek LLC & Traer Creek Metropolitan District "Development Plan Application"
including the following items (Developer & Metro District Representatives):
a. Consolidated, Amended and Restated Annexation & Development Agreement for the
Village (at Avon) v -20
b. The Village (at Avon) Amended and Restated PUD Guide v 19 and Map v 12
c. Minor Subdivision Application for the Purpose of Resubdividing Lot 1, Amended Final
Plat, The Village (at Avon) Filing 1 Avon Colorado, Eagle County
2. Review PUD Amendment Application in accordance with Review Criteria and compile Report
of Findings (Town Council)
3. Public Input
4. Review Ordinance No. 12 -10 referenced above (Town Council
Applicant Representatives: Marcus Lindholm TCMD & Traer Creek LLC, Dan Leary, President Traer Creek Metro
District, Munsey Ayers, Otten Johnson Robinson Neff & Ragonetti, representing Traer Creek LLC, Kiberly Martin,
Otten Johnson Robinson Neff & Ragonetti, representing Traer Creek LLC, Mary Jo Dougherty, McGeady Sisneros
representing Traer Creek Metro District
Mayor Rich Carroll gave a brief update on the materials that were received late Monday evening and
additional documents presented before the meeting. After some discussions, it was agreed that a
special council meeting would be held on November 7 1 to give staff and council time to review the
materials in full and create a report for council with Findings of Fact. Mayor Carroll noted that the
public, the council and staff had not had enough time to review the additional changes that were
submitted earlier that day. At this time Mayor Carroll opened the public hearing and the following
comment was heard:
➢ Tamra Underwood commented that she did see new documents posted to the website she was not
in favor of the settlement.
The Public Hearing was closed.
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Minutes 12.10.23
Councilor Dantas moved to continue the Public Hearing on Ordinance No. 12 -10, Series of 2012, First
Reading, Ordinance Implementing Settlement Term Sheet to Resolve Pending Litigation on 2008 CV 385
and 2010 CV 316; Approving the Consolidated and Restated Annexation and Development Agreement;
Approving Acceptance of Real Property and Equipment; Approving the Acceptance and Conveyance of
Water Rights; Approving an Amendment to Village (at Avon) PUD; Approving a Re plat of Lot 1;
Approving Amendments to Chapter 18 of the Avon Municipal Code; Approving the Traer Creek Plaza
condominium application; and Taking such other Actions as Set Forth Herein to Implement the
Settlement Term Sheet; Councilor Goulding seconded the motion and it was approved unanimously.
Eric Heil noted for further clarification that the approval included
➢ the continuance of the Public hearing on Ordinance 12 -10
➢ the continuance of Public Hearing on the PUD Guide
➢ and the continuance of the Public Hearing on the Replat of Lot 1
Councilor Dantas and Councilor Goulding agreed with this addition.
Mayor Carroll noted that there would be a Special Meeting on November 7th and a Regular Council
Meeting on November 13.
There being no further business to come before the Council, the regular meeting adjourned at
6:50 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
Regular Council Meeting
Minutes 12.10.23
RESPECTFULLY SUBMITTED,
Catherine Mythen, Deputy Town Clerk
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