TC Minutes 09-26-2005MINUTES OF THE SPECIAL (REGULAR) MEETING OF THE AVON TOWN COUNCIL
HELD SEPTEMBER 26, 2005
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council
members present were Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra
Underwood. Debbie Buckley was absent. Also present were Town Manager Larry Brooks,
Town Attorney John Dunn, Town Clerk Patty McKenny, Assistant Town Manager Jacquie
Halburnt, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood,
Public Works / Transit Director Bob Reed, and Community Development Director Tambi Katieb,
as well as members of the press and public.
Approval of Agenda
Mayor Wolfe asked that the request for funding from the Vail Valley Foundation be moved to
citizen input and the items related to Roundabout 4 on the consent calendar be moved to
"unfinished business".
Disclosure of Potential of Conflict of Interest
Town Attorney John Dunn noted that it was not necessary to discuss this topic.
Citizen and Community Input
Ceil Folz, VVF, presented their request for funding for both the Birds of Prey, World Cup event
to be held the first week of December and the STARS program sponsored by the Vilar Center.
Ordinances
Community Development Director Tambi Katieb presented Ordinance No. 05-11, Series Of
2005, on second reading, An Ordinance Amending Title 17, Municipal Code of the Town Of
Avon, as it relates to the Definition of Use, Accommodation Unit, Kitchen and Adding a
Definition for Efficiency Kitchen Zoning Amendments. He reviewed the memo included in
council's packet and noted that in their staff review, these amendments to the zoning code were
drafted to try to address outdated or unclear zoning definitions. A few comments were made
and discussed related to the definition of accommodation unit & dwelling unit. Mayor Wolfe
opened the public hearing. No further comments were made from the public. The public
hearing was closed.
Councilor Ferraro moved to approve on second reading Ordinance No. 05-11, Series Of 2005,
An Ordinance Amending Title 17, Municipal Code of the Town Of Avon, as it relates to the
Definition of Use, Accommodation Unit, Kitchen and Adding a Definition for Efficiency Kitchen
Zoning Amendments with the following revisions:
✓ Section 2 "Accommodation Unit" - An accommodation unit may include only an
efficiency kitchen. Each accommodation unit shall be counted as one-third (1/3) of a
dwelling unit for purposes of calculation allowable units per acre accept as set forth in
Section 17.08.270.
Councilor Sipes seconded the motion and it passed unanimously with a roll call vote (Buckley
absent).
Resolutions
Jacquie Halburnt, Asst. Town Manager, presented Resolution No. 05-35, Series of 2005, A
Resolution supporting the Eagle County November ballot issue prohibiting smoking in all
enclosed public places, including bars and restaurants. She noted that this legislation supports
Eagle County's November ballot issue regarding smoking in public places; and that if Eagle
County's ballot issue passes, and the majority vote in the Avon precinct is in favor of the ban,
Avon will enact similar legislation. Discussion ensued about whether or not to encourage the
Avon voter to vote in support of the measure.
Mayor Pro Tern Underwood moved to approve Resolution No. 05-35, Series of 2005, A
Resolution supporting the Eagle County November ballot issue prohibiting smoking in all
enclosed public places, including bars and restaurants with the following change:
1. Bottom paragraph, first page - sentence ends with qualified electors to vote on the
measure.
Councilor Phillips seconded the motion and it passed unanimously with a roll call vote (Buckley
absent).
Police Chief Jeff Layman presented Resolution No. 05-36, Series of 2005, Resolution to
Designate the National Incident Management System (NIMS) as the basis for all Incident
Management in the Town of Avon. Allows Town of Avon and , other public agencies to
communicate effectively in the event of a disaster, a common doctrine to policies, procedures,
and terminology. He noted that other jurisdictions have adopted the plan and he made a brief
review of what happens in the event of a disaster. Councilor Ferraro moved to approve
Resolution No. 05-36, Series of 2005, Resolution to Designate the National Incident
Management System (NIMS) as the basis for all Incident Management in the Town of Avon.
Councilor Sipes seconded the motion and it passed unanimously with a roll call vote (Buckley
absent).
Unfinished Business
Town Attorney John Dunn presented the Memo of Understanding (°MOU°) between the Town
and CSC Land, LLC. He reviewed the document, noting some of the history and what the
parties agreed to and that the PUD application has not yet been submitted. Discussion ensued
on several topics related to the following:
✓ At what time the $250K Bond would be required to be paid to the Town, now or later
✓ Exactly what happens to the site at this time
✓ What does the $100K apply to, the affordable housing element or site restoration
✓ The fee related to the PUD application covering staff review time
✓ Whether or not to include the winterization site work specifications in the "MOU"
There was some discussion about asking the Town Attorney to make the changes and then
forward to Council via email. However, after a voice vote and some further staff comments, it
was decided a roll call vote would be in order at this time. Councilor Sipes moved to approve
the Memorandum of Understanding between the Town of Avon and CSC Land, LLC with the
following amendments to be made to the "Understanding of Parties" section:
1. Paragraph 2, include "agreement entered into at the sole and absolute discretion of the
Town Council",
2. Paragraph 2, include "what critical items need to be satisfied, i.e. the sureties in place,
guarantee of funding, modified PUD has been approved by the Town Council",
3. Paragraph 4, include, "per the last inspection and backfill the entire site with soil to
protect the footings from winter conditions",
4. Paragraph 5, include "make payment to the town attorney within 30 days of invoicing",
Mayor Wolfe seconded the motion and it passed with a three to two vote (McDevitt, Phillips,
Sipes yea; Ferraro, Underwood nay; Buckley absent).
Regular Council Meeting Page 2 of 4
September 26, 2005
Tambi Katieb, Community Development Director, presented a synopsis of the Main Street
Public Improvements Project - Financial & Market Overview "Check In". Design Workshop
representatives present were Don Ensign and Chris Kiley. Council comments made addressed
some of the following topics:
✓ Consultants should approach council as "venture capitalists", or as the developer,
✓ What does the critical mass look like?
✓ Identify the assumptions and themes of the project, and explain why,
✓ What is the retail potential?
✓ Draft a pro forma of the project
Don Ensign provided overview comments related to the planning process, and Chris Kiley
reviewed the content areas of the business plan. Further discussion ensued and Design
Workshop was asked to return to the next meeting with a "scope of work" focused on
understanding the retail, critical mass and composition of the development, before continuing
any further work on the design of the project.
New Business
Norm Wood presented a Proposal for Redesign of Roundabout 4 from Ourston Roundabout
Engineering and a Mapping Proposal from Inter-Mountain Engineering, Ltd. Mayor Pro Tern
Underwood agreed that an update on the mapping is in order, but would request that further
research be conducted on maximizing pedestrian capacity and connectivity throughout this
area. Underwood indicated that designing this area is of the utmost importance and vital to
Avon's future. Council indicated that they would prefer not to move forward on either item, and
asked staff to re-address this topic, taking into consideration people / pedestrians as more of a
focus. It was noted that the Comprehensive Plan includes completing this type of study as a
priority; it was indicated that it was budgeted in 2006. The new pedestrian streetlight was
currently being installed at this time.
Town Attorney Report
Town Attorney John Dunn presented an update on the status of lawsuit regarding the Wildridge
short-term rentals, hearing set for October 7t'. He also introduced his associate, Elizabeth
Pierce - Durance, who will serve as the prosecuting attorney for Avon's Municipal Court
(replacing Inga Causey). And finally he reminded everyone of the Public Utilities Commission
hearings taking place the next two days addressing the request for two new at-grade crossing to
connect the confluence with Avon.
Future Agenda Items:
Suggestions were made from Mayor Wolfe to schedule discussions about two topics, 1)
Possible NWCCOG Presentation of County Demographics and 2) Possible Review of
Accessory Dwelling Units and Lock-offs. Council was amicable to those discussions in the near
future.
Councilor Ferraro asked that Council revisit the Resolution supporting Referendum C&D.
Councilor Ferraro moved to pass a resolution, that both Eagle County & CIVIL have adopted, to
support Referenda C&D. Discussion ensued about whether or not unanimous approval would
be required. Comment was made that the Charter did not require a unanimous vote on items.
Councilor Sipes seconded the motion. Mayor Wolfe presented reasons why not to support this
ballot measure & Councilor Ferraro provided reasons why the voters should support the
measure. The motion passed unanimously with a roll call vote (Buckley absent).
Regular Council Meeting Page 3 of 4
September 26, 2005
Consent Agenda
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Sipes moved to
adopt the consent agenda; Councilor McDevitt seconded the motion and it passed unanimously
(Buckley absent).
a. Minutes from September 13, 2005 Regular Council Meeting
b. Service Agreement with Western Eagle County Ambulance District
There being no further business to come before the Council, the meeting adjourned at 8:30 PM.
RE7EC71-~Y SUBMITTED:
c
Patty c nny, n Clerk
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 4 of 4
September 26, 2005