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TC Minutes 01-23-2007MINUTES OF THE REGULAR MEETING OF THE "ON TOWN COUNCIL HELD JANUARY 23. 2007 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 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 Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public Works/Transit Director Bob Reed as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST There were two items to carry forward from the work session to Unfinished Business: Update on Beaver Creek marketing & Community Development projects. Dunn asked about ex parte contact regarding second reading on the Village at Avon PUD hearing, there were no responses from council members. COMMUNITY INPUT _ Julie Dacivo, owner in Sunridge Apartments, commented on .the excessive speeding and extreme difficulty in crossing Highway '6 & W. Beaver Creek Blvd. She requested that the town work with other jurisdictions in improving the pedestrian way at this intersection, including Beaver Creek owners, the State Highway Department and enforcement agencies. Suggestions were made to making some immediate improvements. Town Manager Larry Brooks noted'the need fora meeting of several agencies is in order to discuss overall transportation & parking needs in the Avon area. Brian Kozak, Police Chief, Avon Police Department, presented awards of recognition for police officer activity. Both Dave Wineman and Mike Lundblade were recognized for their work in the community. STAFF UPDATES Bob Reed, Transit Director, presented an update on the ramifications of adding a Wildridge Shuttle Bus route to Avon's Transit System. There was Council consensus to direct staff to conduct a survey to help determine the needs of the Wild ridge-residents. In light of possible new development in that area, it was agreed that now is a good time to investigate further whether or not the needs are being met. Several questions were asked regarding the Financial Reports included in the Council packet, related NEW BUSINESS Rhonda Neiderhauser, Avon Business Association, presented the map of Avon, noting that the business owners thought it would be beneficial to have map's in the stores to distribute to patrons. It was noted the Town awarded $1500 from.the 2007 budget for the map. Some of the suggestions included the following: 'more town markers in the map, label the Eagle River, disclose the Westin resort location, include the gondola, increase the size of 1-70 road. It was asked that they provide- Vail Visitor's Center some maps as well. The ABA Business Mixer would be held the following evening at Challenge Outfitter's Store; all were invited to attend. Brian. Kozak, Police Chief; presented several recommended changes to the Avon Municipal Code related to the control - of animals. He noted that the police department held a neighborhood meeting in Wildridge and spoke about numerous topics and concerns, one of which was dogs at large. He commented on several revisions to the code as follows: 1) dogs in common areas, 2) licensing, 3) dog clubs, 4) voice control. He outlined current requirements of the code, leash law, common property requirements as well. He noted that the number, one priority is public safety in any legislation. Mayor Wolfe opened the public hearing and the following people were heard: ■ Kathy Ryan, resident of Beaver Bench Condo Assn, suggests that enforcement of dogs off leash should not be allowed on private property ■ Tom Hicks, Canyon Run Condo Assn, their current rules are similar to the current code, which he supports especially related to the common property requirement; they struggle With enforcement on their property • Jane Leavitt, Wildridge resident, asked Council to consider reviewing several definitions, "dogs-running=at-large, control of animal, and common areas", evaluate the content of the complaints, ask if the laws are addressing complaints, and if the code could address smaller multi units with common areas vs. larger multi unit complexes ■ Ellen (last name?) commented on the lack of enforcement around the lake area, does not support any changes ■ Dr. Natalie Duck & representatives from Eagle County Animal Control, encouraged council to keep strict rules otherwise enforcement is extremely difficult ■ Richard McReady, Wildwood resident, agrees with current laws in the Code and doesn't see enough enforcement ■ Michelle, Avon resident, asked if town would consider creating a dog park, possibly the lower bench of Wildridge park near Old Trail would serve that need ■ Greg Barry, Wildridge resident, asked that police officers not be quite so zealous in enforcement of the dog ordinances • Neil, Wildridge resident, asked that homeowner's decide upon the rules for their multi unit complexes Julie Dacivo, Sunridge resident, suggested leaving the rule making to the homeowner's associations Council comments & questions addressed the following topics: • Whether or not there was any support to revise the common property stipulation ■ What authority does an association have to enforce the laws • The pros & cons for voice control ■ The possibility of a need to have different laws for different areas ■ The content of the complaints; review police records regarding complaints • Discussion about the rules in various Eagle County locations, i.e. Edwards, Vail, etc. ■ Review high traffic areas vs low traffic areas when determining restrictions Larry Brooks, Town Manager, noted that staff now understands and knows the different property for ticketing purposes; he stated that staff needs to know,how much of a problem this is by reviewing the complaints for all of Avon and then to address whether or not there should be code revisions. It was suggested that staff continue to study the problem and return with possible recommendations. Regular Council Meeting Page 2 of 4 January 23, 2007 APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION Eric Heidemann introduced again on second reading Ordinance No. 06-17, Series of 2006, on Second Reading, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to Relocate Planning Area G, from Planning Area RFM-1, Filing 3, Village, at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision. He noted that the application amendment proposes to relocate approximately 7.3 acres of Planning Area "G" from Planning Area RMF-1, Filing, 3, Village at Avon Subdivision to Planning Area "D", Filing 1, Village at Avon. -He noted that Dominic Mauriello and Munsey Ayers would be representing the applicant. He reviewed the numerous readings that have taken place on . the ordinance, he noted the Formal Amendment -Number One to the PUD Guide as an attachment that will finalize the action to the PUD Guide, and recommended approval of the ordinance. Town Attorney John Dunn noted that the Town would ultimately have the final say on the selection of the school site and with input from the Eagle County School District. Some discussion ensued on the topic of the groups selecting the school site and how that works, how the applicant arrived at the voluntary stand down to development "of future sites identified, and the need for Formal Amendment number One, with questions related to the allowed uses description in the agreement, #2. Eagle County School District Representative Karen Strakbein noted that the letter included as Exhibit A to Ordinance No. 06-17, was submitted by the District outlining their requirements and it was acceptable that this criteria be used to assess any other parcel that might be considered if that were the case. Mayor Wolfe opened the public hearing. Dick Cleveland, representing ECO Trails, asked that Council not forgot the mission of ECO trails & their goals to connect Dowd Junction to Avon with a core trail through the Village at Avon properties. He noted that there was not a-specific timeline for construction, but would really like to get the topic at the forefront of discussions with the Village at Avon property owner, especially in light of any further PUD amendments to the project. The hearing was closed. Councilor Dantas moved to approve Ordinance No. 06-17, Series of 2006, An Ordinance Approving with Conditions, a PUD Amendment Application amending the Village at Avon PUD to Relocate. Planning Area G, from Planning Area RFM-1, Filing 3, Village at Avon Subdivision to Planning Area D, Filing 1, Village at Avon Subdivision. Mayor Pro Tern Sipes seconded the motion and it passed unanimously with a roll call vote. Unfinished Business Rich Carroll reviewed the.materials distributed related to Beaver Creek Marketing efforts. Eric Heidemann, Community Development Director introduced new planner Jarod Barnes to Council. He then provided updates on the following: West Town Center Public Investment Plan, East Town Center Master Plan, Parking Code Revisions, West Avon Trails, pending proposed new developments, and Energy Audit Grant Application. It was also noted that the proposed housing legislation should see a joint meeting of the P&Z Commission & Town Council at first meeting in March with a couple public hearings to follow. TOWN MANAGER REPORT Town Manager Larry Brooks again raised the topic of skier parking over the holiday weekend and his observations. He commended public works & transit staff for their efforts in helping people that day and noted that the town will need to address this with multi jurisdictions involved, moving towards a long-term plan to meet the needs of parking and transportation. Regular Council Meeting Page 3 of 4 January 23, 2007 TOWN ATTORNEY REPORT Town Attorney John Dunn presented a final update on the Cassidys sales tax case and noted that the Town received its money. He noted that the court case with regards to the lodge in Wildridge would probably be another four months before matter is set for oral argument. MAYORS REPORT Mayor Wolfe commented on meetings taking place to discuss the topics of housing in the region. He noted the efforts of the recently formed Blue Ribbon Housing Panel as trying to evaluate the problems and come up with a series of solutions & tools to address the issues. OTHER BUSINESS A reminder was made that on Sunday January 28th the Eagle Valley Library District would be hosting the consultant on the Nottingham Water Wheel (located on the Eagle River behind Canyon Run) to present the recent decision made by the Colorado Historic Society to add that location to the list of historic sites in Colorado. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda. Mayor -Pro Tern Sipes moved to adopt the consent agenda; Councilor Phillips seconded the motion and it passed unanimously. a) Minutes from January 9, 2007 b) Auditor's Engagement Letter with Clifton Gunderson Accounting Firm / Audit services for the Town's 2006 financial statements c) Eagle River Access Project, Design Proposal, Marcin Engineering / Civil engineering design services for the improvement of access to the Eagle River d) Service Agreement for Western Eagle County Ambulance District e) Service Agreement for Eagle River Fire Protection District f) Service Agreement for Eagle County Ambulance District There being 'no further business to come before the Council, the regular meeting adjourned at 8:30 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwooc Ron Wolfe RESPECTFULLY SUBMITTED: c P y nny, n Clerk Regular Council Meeting Page 4 of 4 January 23, 2QQ ICCT7