TC Minutes 06-14-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JUNE 14, 2011
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 Rich Carroll called the meeting to order at 5.55 PM. A roll call was taken and Council members
present were, Dave Dantas, Chris Evans, Todd Goulding, Amy Phillips, and Buz Reynolds. Kristi Ferraro
was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town
Manager Patty McKenny, Assistant Town Manager Community Development Sally Vecchio, Assistant
Town Manager Finance Scott Wright, Town Engineer Justin Hildreth, Director PW&T Jenny Strehler,
Community Relations Officer Jaime Walker, Catherine Mythen Deputy Town Clerk/ HR Asst. as well as
other staff members and the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Carroll noted that the following topics were continued from the Work Session and added to the
regular meeting agenda:
✓ Item a) & c) on consent agenda would be voted on together and item b) would be separate as
Mayor Carroll would abstain from voting on this this topic due to a conflict
✓ Items f), g), h) from the work session would be discussed on the regular agenda
✓ The town attorney added an item to the executive session which would address sales and transfer
tax
POTENTIAL CONFLICT OF INTEREST
Eric Heil, Town Attorney noted a conflict of interest for Mayor Carroll for the consent agenda item, the
Westin Title Contract for Salute to USA event.
COMMUNITY & CITIZEN INPUT
Adam Lueck, Vail Valley Foundation, reviewed the USA Pro Cycling challenge that starts in Avon on
August 26th. He discussed the following items: Road closures, Media coverage, Activities, hotel deals,
etc.
CONSENT AGENDA
Mayor Carroll asked for a motion on item a) & c) on the Consent Agenda. Councilor Evans moved to
approve the consent agenda; Councilor Goulding seconded the motion and it passed unanimously by
those member present (Ferraro absent).
a. Minutes from May 10, 2011
c. Resolution No. 2011-11, Series of 2011, Resolution Approving Holy Cross Agreements for Avon
Pedestrian Mall Transformer Relocation, Relocation of the existing electrical transformer requires
the following agreements with Holy Cross 1) Trench, Conduit, & Vault Agreement, 2) Underground
Right of Way Easement
Mayor Carroll recused himself from the meeting at this time due to a conflict of interest with the
Westin Title Sponsor Contract for Salute to U.S.A. July 3`d, Councilor Dantas moved to approve item d);
Councilor Reynolds seconded the motion and it passed unanimously by those members present
(Ferraro absent; Carroll not present)
d. Westin Title Sponsor Contract for Salute to U.S.A. July 3rd
NEW BUSINESS
Danita Chirichillo presented the following application for an amplified sound permit:
Event Name: Xterra Mountain Championship Beaver Creek
Representing Business / Organization: Beaver Creek Resort Company
Event Location: Harry A. Nottingham Park
Event Date: July 16, 2011
Amplified Sound Timeframe: 6:30 AM until 10:15 AM
Mayor Carroll opened the Public Hearing on the Amplified Sound Permit no comments were heard and
the hearing was closed. Councilor Evans moved to approve the request for an amplified sound permit
for Xterra Mountain Championship Beaver Creek at Harry A. Nottingham Park. Councilor Goulding
seconded and it passed unanimously by those present. (Ferraro Absent)
Gerry Flynn, Polar Star Properties, represented the Eaglebend Dowd Affordable Housing Corporation,
requesting to defer a payment of a bond fee due to the Town of Avon in 2011 noting the total amount
of $10,697 for 1 year. This payment was based upon the Town sponsoring Eaglebend Dowd bonds in
2003 and is based upon .125% of the remaining principal balance of the bonds. After some discussion,
Councilor Phillips moved to approve the request by Eaglebend Dowd Affordable Housing Corporation
to defer payment of the 2011 issuance fee in the amount of #$10,695 for one year; Councilor Goulding
seconded and it passed unanimously by those present. (Ferraro Absent)
WORK SESSION BUSINESS ITEMS
Community Funding Requests
Patty McKenny, Assistant Town Manager Management Services, presented a memo on the history of
the town's funding of community organizations. A discussion was held on whether or not to invite
groups to submit applications for 2012. It was noted that in light of budget constraints for the general
fund, monies were not available for funding in 2012. However, there was discussion the other funds
might still be able to support some funding requests; council directed staff to invite those groups to
submit an application, i.e. Vail Valley Foundation, Watershed Council, Urban Runoff Group and Eagle
County Housing Division.
Sally Vecchio, Assistant Town Manager Community Development, presented an update on
development fees collected in compliance with the new fee schedule that was adopted as part of the
Avon Development Code. Staff was asked to recap this topic again in in the fall, some thought they
may need to amend the code to change some of the fee structure.
Councilor Dantas gave a recap on the community development subcommittee meeting that had taken
place a few weeks ago. Those present included Chris Evans, Chris Green, Paul Anderson, Sally Vecchio,
Larry Brooks and Eric Heil regarding the following:
• Developing area by old bus stop in time for 2015 to hold concerts
• Main Street Design
• Centralizing Parking
• Light fixtures for Main Street
• How the new code is working for everyone
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Justin Hildreth, Town Engineer and Scott Wright, Assistant Town Manager Finance, presented the 2012
Capital Improvement Program S Year Plan. A Review of the proposed preliminary project schedule with
corresponding revenues and expenses was given. He presented a draft of the CIP funding program by
addressing the following topics:
• Real Estate transfer tax
• Water fund
• Projects completed in 2010
• 2011 Projects
• Recommended Project Classifications
• Non Discretionary On -Going & Previously Approved Projects
• Discretionary funds
• Changes to CIP from 2011
• I — 70 regional transportation Operations facility Project (Swift Gulch)
It was noted that the topic would return in a final form in August.
ORDINANCES
Bob Ticer, Police Chief, presented Ordinance No. 11-07, First Reading, Series of 2011, An Ordinance
Amending Chapter 10.18 of the Avon Municipal Code to Adopt Seatbelt Regulations. A review of the
proposed legislation that recommends a change to Safety Belt Systems for the primary enforcement of
this law was made. He noted that the current law only allows officers to enforce the law after a person
is stopped for a separate traffic infraction. There was some discussion about other Colorado
communities that enforce seat belt usage in this manner. Councilor Evans moved to approve
Ordinance No. 11-07, Series of 2011, Ordinance Amending Chapter 10.18 of the Avon Municipal Code
to Adopt Seatbelt Regulations. Councilor Dantas seconded the motion and it passed unanimously by
those present. (Ferraro Absent)
ORDINANCES
Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 2011-06,
Series of 2011, Second Reading, Ordinance No. 2011-06, Series of 2011, Ordinance Amending Title 7 of
the Avon Municipal Code. She noted that this legislation addresses Avon Municipal Code §7.16.040 (c)
Review Criteria as related to Temporary Uses Permits. It was noted that this legislation adds a
temporary use review process and procures to the development code. The proposed regulations allow
for the establishment of certain temporary uses and special events for limited duration, provided that
such uses comply with general and specific review criteria. She noted that a fee schedule (included in
the council packet) would need to be adopted if the council approved the ordinance, the fees and
manner in which they are collected were discussed; there was some Council concern about both of
these items. Mayor Carroll opened the Public Hearing and the following public input was received:
✓ Rick Dameron, Christie Lodge, Director of Operations, did not support the fees for Temporary Use
Permits for outdoor sales and events (on private property). He didn't understand the need for the
legislation.
No other comments were made and the hearing was closed. Eric Heil, Town Attorney, noted that
there is nothing in the code which allows for temporary uses or nothing that helps the town evaluate
the "parking needs" related to such temporary uses. Staff was directed to evaluate how the process
might better handle the 2-3 day events and the related parking.
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Councilor Dantas moved to table Ordinance No. 2011-06, Series of 2011, until June 28,2011, an
Ordinance Amending Title 7 of the Avon Municipal Code related to adding a temporary use review
process and procedures. Councilor Evans seconded the motion and it passed unanimously by those
present. (Ferraro Absent) Councilor Reynolds asked staff to address the Lot 61 situation that came up
earlier that year by proposing some guidelines.
RESOLUTIONS
Councilor Goulding moved to table Resolution No. 11-10, Series of 2011, Resolution Revising the Fee
Schedule for Zoning, Subdivision and Design and Development Review Applications. It was noted that
these are revisions to Community Development Fee Schedule that adopts a new fee for the Temporary
Use Permit. Councilor Evans seconded the motion and it passed unanimously by those present.
(Ferraro absent)
EXECUTIVE SESSION
Councilor Phillips moved to convene an Executive Session at 8:28 PM; Councilor Reynolds seconded the
motion and it passed unanimously by those members present (Ferraro absent). It is noted that item d)
was added to the executive session agenda.
a. For the purpose of receiving legal advice to specific legal questions pursuant to Colorado Revised
Statute §24-6-402(4)(b) related to pending litigation regarding Town of Avon v Traer Creek
Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316
b. For the purpose of receiving legal advice to specific legal questions pursuant to Colorado Revise
Statute §24-6-402(4)(b) related to Real Estate Transfer Tax Collections for Wal-Mart and Home
Depot
c. For the purpose of determining positions relative to matters that may be subject to negotiations;
developing strategy for negotiations; and instructing negotiators regarding transit connection
between Avon and Beaver Creek pursuant to Colorado Revised Statute §24-6-402(4)(e)
d. Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions
pursuant to Colorado Revised Statute §24-6-402(4)(b) related to the collection of real estate
transfer tax.
The Executive Session adjourned at 10 pm and convened to the regular meeting.
There being no further business to come before the Council, the meeting adjourned at 10 pm.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
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Minutes 11.06.14
RESPECTFULLY SUBMITTED:
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