TC Minutes 09-23-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD SEPTEMBER 23, 2003
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Pro Tern Mac McDevitt called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe present.
Mayor Reynolds was absent. Also present were Town Manager Lary Brooks, Town Attorney
John Dunn, Town Clerk Patty McKenny, Town Engineer Norm'Wood, Recreation Director Meryl
Jacobs, Public Works Director Bob Reed, Finance Director Scott Wright, Police Chief Jeff
Layman, Community Development Director Ruth Bome, as well as members of the press and
public.
Citizen Input
Eagle County commissioner Tom Stone was present to address the Council with regard to a
number of items & issues, i.e. success of big box stores, future capital projects for Avon,
countywide recreation discussions, and Referendum A.
Ordinances
The Town Council considered on second reading Ordinance No. 03-10, an Ordinance approving
the Formal PUD Amendment No. 1 to the Village (at Avon) PUD Development Plan and PUD
Guide, Town of Avon, Eagle County, Colorado. Councilor Sipes stepped down at this time
noting a conflict of interest on the project.
Community Development Director Ruth Bome presented the Ordinance and application once
again. She highlighted some of the changes that had been made to the application in recent
weeks and noted that are still staff concerns with regard to the proposal of a gas station as well
as the access to the newly proposed school site. She recommended tabling the ordinances
again until some problems are resolved. Possible action to take was reviewed.
Shane Bohart was present to outline some of the revisions made to the application highlighted
as follows:
✓ 3.6 acre parcel known as Q West converted back to park designation
✓ Continue working on Memo of Understanding ("MOU") with School District to outline
school district site location
✓ no accessory units
✓ water rights,have been identified
✓ landscaping requirements were revised
✓ density back to 6 du / acre
✓ working with forest service on access to school site
He noted the 2 outstanding issues remaining include the gas station proposal & the "material
representation" excerpt in the ordinance. He indicated that they were agreeable to the idea of
"tabling" the action until future date and until some issues have been resolved with school
district.
Tom Braun, representing the Eagle County School District, was asked to summarize the
position of the members of the Eagle School Board. He confirmed that the parties are working
on a Memo of Understanding and that the school district is in fact working on a concept for this
proposal. School District Attorney is currently drafting this "MOU". In summary, the District is
supporting the proposed school site location, with primary access through the forest service
land. But the District has indicated that it is not comfortable with the northern route as the
primary access. The secondary site remains as RMF-1, which was in the original approved
plan.
Mayor Pro Tern McDevitt opened the public hearing and the following public was heard:
✓ Tamera Underwood, resident
✓ Amy Phillips, resident
✓ Walter Dandy, resident
✓ Kathleen Walsh, resident
✓ Kristi Ferraro, resident
✓ Carol Kruger, resident
✓ Ron Neville, resident & P&Z Commission member
✓ Bob Trueblood, resident & P&Z Commission member
There were, some questions regarding the park at the end of the cul-de-sac in EagleBend.
Bohart provided an update stating that he knows the park was supposed to be completed, it had
not, but plans have been developed. There was also some discussion about whether or not any
referral agencies had been contacted with regard to the proposal. Community Development
Director Ruth Borne noted that contact had been made with a number of agencies throughout
the public process with notices. The public hearing was closed.
Council commented on the project once again. In general, there were concerns about the
following:
✓ Completing the park as soon as possible 'at the cul-de-sac location.
✓ Required approved access to school site & so that there is a confirmed agreed upon
location for the school site.
✓ Possible include accessory units / explore whether or not the units can qualify as
"affordable" & meet certain criteria for financing as such.
After concluding Council discussion, Councilor D. Buckley moved to table Ordinance No. 03-10
an Ordinance approving the Formal PUD Amendment No. 1 to the Village (at Avon) PUD
Development Plan and PUD Guide, Town of Avon, Eagle County, Colorado. Councilor P.
Buckley seconded the motion. Mayor Pro Tern McDevitt asked for any discussion on the
motion. Town Attorney noted that there was not a limit to how much time could pass while the
Ordinance has been tabled. Some further discussion took place regarding strategy if the School
District does not agree to the proposal.
Councilor Wolfe then asked for Council feedback regarding the proposed commercial
development along the interchange. Comments included the following:
✓ Preferred to know "specifics" of the commercial to be included / would like to see a
master plan
✓ Concerned about traffic impacts from the commercial development
✓ Concerned about future requests for entitlements
Councilor D. Buckley amended the motion to include the next time for consideration on the
October 14, 2003 meeting. The motion passed unanimously.
Resolutions
Town Engineer Norm Wood presented Resolution No. 03-39, Series of 2003, A Resolution
approving Subdivision Sketch Plan for the Village (At Avon) Filing 3, A Resubdivision of Portions
of Sections 7, 8, and 9, Township 5 South, Range 81 West of the 6th Principal Meridian, Town of
Avon, Eagle County, Colorado. He noted that the application for the Subdivision Sketch Plan
Regular Council Meeting Page 2 of 3
September 23, 2003
was submitted in conjunction with the formal PUD Amendment to the Village (at Avon)
Development Plan & PUD Guide to Planning Areas G, M, N, Q, RMF-1, RMF-4, OS-5 and OS-
13. Staff noted that the plan has been reviewed for compliance & compatibility with the
proposed PUD amendment and prior agreements & Avon's subdivision regulations and
everything is in order. Wood commented on the traffic study and the conditions proposed due
to the impacts of the study to keep a Level of Service at Level C instead of Level D. (See memo
included in the packet for the conditions). He also commented on the letter submitted by Eagle
River Water & Sanitation District indicating their ability to provide adequate water to Tract M.
After his presentation, it was requested that the only option that exist at Swift Gulch & Post Blvd.
would be a round-a-bout not a traffic signal). Councilor D. Buckley moved to table Resolution
No. 03-39 until the meeting on October 14, 2003. Councilor Wolfe seconded the motion and it
passed unanimously.
Councilor Sipes joined the podium at this time. Town Attorney John Dunn presented Resolution
No. 03-38, Series of 2003, A Resolution expressing Opposition to Referendum A in the
November 4, 2003 Election. Councilor Wolfe moved to approve Resolution No. 03-38;
Councilor D. Buckley seconded the motion. Some discussion occurred between the Town
Council and Eagle County Commissioner Tom Stone regarding language of the proposed
referendum, i.e. mitigation issue. Mayor McDevitt asked for a vote & the motion carried with a 4
to 1 vote (Brown, D. Buckley, Sipes, Wolfe - aye; P. Buckley - nay).
Consent Agenda
Mayor Pro Tern McDevitt asked for a motion on the Consent Agenda items. Councilor D.
Buckley moved to approve the consent agenda. Councilor Sipes seconded the motion and it
passed unanimously.
a. Approval of the September 9, 2003 Regular Council Meeting Minutes
There being no further business to come before the Council, the meeting adjourned at 8:20 PM.
RES PNF Y SUBMITTED:
Patty nny, T Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
September 23, 2063