TC Minutes 05-25-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY 25, 2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:35 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevittpresent. Also present were Town Manager Larry Brooks, Town Attorney
John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community
Development Director & Town Engineer Norm Wood, Finance Director Scott Wright, Police
Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs
as well as members of the press and public.
Citizen Input
Wildridge resident John Schwartz addressed the Council with regard to mail delivery in Avon,
asking why there was not street delivery. Councilor P. Buckley responded since he had spent
considerable time on this topic a few years ago. He noted that providing that service is a budget
issue with the U.S. Post Office and that cluster boxes would be the only possibility for
improvement. He informed them that even then it is unlikely because of budget constraints.
Fraidy Aber, Special Event Coordinator, presented an update on programs and events
scheduled for summer 2004. She provided an update on the sponsorships for July 4t'.
Steve Grow, applicant for the Surface Grading and Drainage Easement for Lot 30, Block 1,
Benchmark at Beaver Creek, Avon, Colorado located at 710 Nottingham Road was present to
address the Council regarding the recent denial of a permanent easement at their May 11, 2004
meeting. He began by recapping the project and summary of why he thought Council denied
the easement. He requested that Council consider an amended application for that of a
temporary easement instead of a permanent easement. John Perkins, project architect was
also present to answer questions. Town Attorney John Dunn recommended that if Council
would want to reconsider the request, the item should be brought back as an agenda item at the
next meeting. George Gregory, attorney for the applicant, made some points in reference to the
project, highlighting how the easement would mitigate current drainage issues for the town.
Some comments were made regarding what the true value of the easement should be. Town
Engineer Norm Wood provided comments and support for the temporary easement and noted
that regardless, the applicant can pursue the building of the project. Mark Donaldson spoke in
support of.the project. Both staff and other applicants have noted that the Town has granted
these types of easements in the past.
Councilor Sipes moved to reconsider the action taken at the last meeting and directed staff to
bring a temporary easement application for consideration at the next meeting. Councilor Brown
seconded the motion and it carried with a four to three vote (roll call vote: Brown, D. Buckley,
Sipes, Reynolds - yea; P. Buckley, McDevitt, Wolfe - nay). Councilor D. Buckley noted that
she voted for the motion based on the premise that the Town has in fact granted these types of
easements to other applicants.
Ordinances
Senior Planner Tambi Katieb presented Ordinance No. 04-08, Series of 2004, An Ordinance
Amending Title 15, Municipal Code of the Town of Avon, as it Relates to Outdoor Lighting
Standards. He noted that Council identified the need for increased outdoor lighting regulations
at an earlier meeting, and this proposed ordinance tries to address the issues of lighting
because of the significant growth and building activity the Town has and continues to
experience. He spent a few moments reviewing the memo ,included in the Council packet and.
highlighting the significant points made in that memo. He, noted that public notices have been
given and invited public comment on the topic. ' Some-questions and comments were made
regarding the following:
Enforcement of this ordinance - commercial vs. residential
■ What percentage is "up lighting"
■ " How to handle holiday lights
Review of lights which are considered'exempt
■ Write as a performance standard rather than "non complying fixture" ordinance
■ How will town comply, costs to capital plan
■ Use of stronger language. i.e. "encourage & discourage" are not strong enough
■ Applicability of the Ordinance to Village at Avon
■ Review of whether or not the matter fall under design guidelines or not
Mayor Reynolds opened the public hearing. Steven Coyer, Mountain Star Homeowners
Association, addressed the Council with regard to the concerns they have, i.e. up-lighting, types
of fixtures. Other comments were heard from Amy Phillips, and Lynn Morgan. Impacts of the
ordinance on safety issues were noted as a concern.
Councilor D. Buckley preferred to table the Ordinance for 2 weeks in order to obtain further input
from parties impacted by the changes, i.e. Mountain Star. Councilor Wolfe asked that
"municipal lighting" not be exempt in this matter and several members asked that a review of the
impacts on the CIP budget-be brought to the next meeting. Councilor D. Buckley moved to
table Ordinance No. 04-08, Series of 2004, An Ordinance Amending Title 15, Municipal Code of
the Town of Avon, as it Relates to Outdoor Lighting Standards to the next meeting. Councilor
Sipes seconded the motion and it passed unanimously with a roll call vote.
Resolutions
Town Engineer Norm Wood presented Resolution No. 04-17, Series of 2004, A Resolution
approving Final Plat and Subdivision Improvements Agreement for The Village (at Avon); Filing
3, Town of Avon,- Eagle County, Colorado. He noted that Traer Creek-RP LLC submitted a
Final Plat & related Subdivision Improvements Agreement for The Village (at Avon), Filing 3,
and the area includes all or portions of the PUD Planning areas OS-5, N, G, and RM F-'1. The
submittal includes construction plans for the extension of Swift Gulch Road and corresponding
bike path from Buffalo Ridge to Post Blvd. north of the new 1-70 interchange. He further
reviewed the information included in the Council packet memo. A review of the vertical
alignment of Swift Gulch Road was made on the map.
Councilor D. Buckley moved to approve Resolution No. 04-17, Series of 2004, A Resolution
approving Final Plat and Subdivision Improvements Agreement for The Village (at Avon), Filing
3, Town of Avon, Eagle County, Colorado. Councilor Wolfe seconded the motion and it passed
with a majority five to one vote (Sipes - nay).
Town Engineer Norm Wood presented Resolution No. 04-18, Series of 2004, A Resolution
approving a Partial Release of Security Funds held for Retainage on work completed in The
Village (at Avon), Filing 1, on Improvements Installed and Constructed in Accordance with the
Subdivision Improvements Agreement. He noted that Traer Creek" Metro District has requested
approval for partial release of funds reserved by the District as security to assure completion of
the public improvements being constructed in conformance to the SIA. He further explained the
purpose of the SIA agreement and warranty issue.
Regular Council Meeting Page 2 of 3
May 25, 2004
Councilor D. Buckley moved to approve Resolution No. 04-18, Series of 2004, A Resolution
approving a Partial Release of Security Funds held for Retainage on work completed in The
Village (at Avon), Filing 1, on Improvements Installed and Constructed in Accordance with the
Subdivision Improvements Agreement. Councilor Brown seconded the motion and it passed
unanimously with a roll call vote.
-Dave Kautz, Traer Creek LLC, indicated that Swift Gulch Road would be open for business in
October and that-he could not comment on any confirmed businesses in. the new building
location over next to Wal-Mart.
Unfinished Business
Town Engineer Norm Wood presented d-a drafted letter from Town of Avon to UERWA regarding
the water augmentation credits required for Town of Avon development. After some discussion,
Council directed Councilor D. Buckley to submit the letter at the next Board Meeting on
Thursday.
Mayor Report
Mayor Reynolds noted that John Garnsey told him BCRC would be considering the request for
skier shuttle funding in the near future.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to
adopt the consent agenda. Councilor Wolfe seconded the motion and it passed unanimously.
a. Approval of the May 11, 2004 Regular Council Meeting Minutes
b. Resolution. No. 04-16, Resolution for Resubdivision of Lot 17, Block 4, Wildridge Subdivision,
Avon, Colorado, Eagle County '
c. Nottingham Road Improvements (1-70 to Buck Creek Road) Inter-Mountain Engineering, Ltd.
d. Parking Agreement with Eagle County Regional Transportation Authority
There being no further business to come before the Council, the meeting adjourned at 7 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
May 25, 2004