TC Minutes 10-12-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 12, 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 5:30 PM. A roll call was taken and Council
members present were Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Brian
Sipes and Ron Wolfe. Also present were Town Manager Larry Brooks, Town Attorney John
Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community
Development Director Tambi Katieb, Finance Director Scott Wright, Police Chief Jeff Layman,
Town Engineer Norm Wood and Public Works / Transit Director Bob Reed as well as members
of the press and public.
Citizen Input
Mayor Reyonlds introduced Dominic Mauriello as presenting the first item of business regarding
a request to review the current policy of the "duplex" zoning designation, as it exists in the
Wildridge PUD. Councilor Wolfe asked the Town Attorney if this topic was appropriate for
Council consideration and discussion at this time and was whether it was appropriate for
Council to be giving an opinion on the topic. Attorney Dunn responded by stating that the
discussion should focus only on "concepts" not specifics on any potential application and asked
Mr. Mauriello to present only the concepts of the discussion, i.e. the resolution approved in 1991
and the reasons why he favors repealing it. He was asked not to discuss the applicant or
anything related to the potential application. The concern was over the definition of "duplex',
and the general consensus about requesting a PUD amendment to further resubdivide a duplex
lot and construct two single-family homes on lots currently zoned duplex in the Wildridge PUD.
He outlined some criteria to include in a possibly revised resolution addressing the topic as well
as the suggestions to the "applicability" of the criteria. Planning & Zoning Chairman Chris
Evans spoke on the topic expressing concern about setting any precedents that might
encourage others to come in with this same request. Discussion ensued about whether or not
Council would like to direct Planning & Zoning Commission to either develop criteria addressing
the topic or validate the existing Resolution. After some further discussion a quick poll was
taken of who wanted to forward the research to P&Z; overall Council was not in favor of either
sending it to P&Z or overturning this Resolution.
Jay Fetcher, candidate for State Senator, introduced himself to the Council.
Amy Phillips, Avon Council candidate, presented some information and thoughts on the
question of marketing for Avon, special events, and lodging.
Ordinances
Town Attorney John Dunn presented Ordinance No. 04 - 16, Series of 2004, on first reading,
An Ordinance Amending Section 2.08.040, Avon Municipal Code, Relating to the Jurisdiction of
the Municipal Court. He noted that this was housekeeping legislation addressing a decision of
the Colorado Supreme Court made earlier this year regarding municipal court and the
appropriate venues for zoning appeals. He further explained that the "thinking" of the municipal
attorneys is that the municipal court is not the appropriate venue for zoning cases and that,
because there is an appeal from decisions of the municipal court to the district court, the effect
is to add an unnecessary step to the process. Some discussion ensued about whether or not a
future Charter amendment should be made. Councilor P. Buckley moved to approve Ordinance
No. 04-16, Series of 2004, on first reading, An Ordinance Amending Section 2.08.040, Avon
Municipal Code, Relating to the Jurisdiction of the Municipal Court. Councilor Wolfe seconded
the motion and it passed unanimously with a roll call vote.
Town Attorney John Dunn presented Ordinance No. 04-17, Series of 2004, on first reading, An
Ordinance Approving The Third Amendment (The "Third Amendment") To The Annexation And
Development Agreement For The Village. (At Avon) Dated As Of October 13, 1998, And
Recorded On November 25, 1998, At Reception No. 677743,. As Amended By The First
Amendment To Annexation And Development Agreement- Dated As Of November 13, 2001,
And Recorded On December 12,2001; At Reception-No. 779049,'And The Second-,Amendment
To Annexation And Development Agreement Dated As Of May 27, 2003, And Recorded On July
30, 2003, At Reception No. 842248 (As So Amended, The "Development Agreement"); And
Authorizing And Instructing The Mayor Of The Town To Sign The Third Amendment On Behalf
Of The Town: He noted that the agreement addresses two items; firstly it corrects the method
of computing the cost of police services and agrees to a, new formula that reflects the original
intent of the parties that the Village pay for the actual cost of police services provided to it. The
agreement takes effect July 1, 2004 and monies paid in 2004 would be half of the $200K and in
2005 are estimated at $212K. The second item included in the agreement is the deferment of
the construction of the improvements on East Beaver Creek Blvd from 2005 to completion in
2009 This arrangement was made due to the manner in which the development of the Village
has occurred thus far, with more construction taking place on the east side of the Village district.
The 2005 budget did include payment of the municipal services invoice. Councilor P. Buckley
moved to approve Ordinance No. 04-17, Series of 2004, on first reading, An Ordinance
Approving - The Third Amendment (The "Third Amendment") To The Annexation And
Development Agreement For The Village (At Avon). Councilor Wolfe seconded the motion and
it passed unanimously with a roll call vote.
Resolutions
Town Engineer Norm Wood presented Resolution No. 04-35, Series of 2004, a Resolution
approving an Intergovernmental Agreement between the Town of Avon and the Eagle River Fire
Protection District for the Purpose of Coordinating the Implementation and Administration of the
2003 Edition of the International Fire Code. He noted that this Agreement maintains the
coordination between the Town and the District for the effective administration of the
International Fire Code. Councilor D. Buckley moved to approve Resolution No. 04-35, Series
of 2004, a Resolution approving an Intergovernmental Agreement between the Town of Avon
and the Eagle River Fire Protection District. Councilor Brown seconded the motion and it
passed unanimously with a roll call vote.
Other Business
Mayor Pro Tern McDevitt recognized an anniversary date related to the "odor" problem that
occurred in Avon for a period of time. He commended both Eagle River Water and Sanitation
District staff and the Town of Avon for their efforts in resolving this problem and noted that there
had not been any reported odor related incidents over the past year.
Town Manager Report
Town Manager Larry Brooks mentioned that the Bachelor Gulch Metro District had approved the
long-term services agreement with the Town of Avon, and Council had approved that
agreement in May 2004. He also noted the dates he would be attending the ICMA conference.
He also noted that an 1-70 Coaltion meeting would be held on Thursday and he would attend.
Regular Council Meeting Page 2 of 3
October 12, 2004
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Councilor Sipes moved to adopt
the consent agenda; Councilor D. Buckley seconded the motion and it passed unanimously.
a. Approval of the September 28, 2004 Regular Council Meeting Minutes
b. Metcalf Storm Drainage Project, Change Order No. 1 -Extend project across Lot 22 to Metcalf
Road
c. Cost Share Agreement for Extension of Metcalf Drainage Project across Lot 22, Block 2,
Benchmark at Beaver Creek (0077 Metcalf Road)
d. Restated,and Amended Intergovernmental Agreement for Transportation Services
There being no further business to come before the Council, the meeting adjourned at 6:20 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
October 12, 2'004