TC Minutes 02-14-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 14, 2006
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 Debbie Buckley, Kristi Ferraro, Mac McDevitt, Brian Sipes and Tamra
Underwood. Amy Phillips was absent at this time. Also present were Town Manager Larry
Brooks, Town Attorney John Dunn, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty
McKenny, Finance Director Scott Wright, Town Engineer Norm Wood, Streets Superintendent
Gary Padilla, and Community Development Director Tambi Katieb, as well as members of the
press and public.
APPROVAL OF AGENDA
Mayor Wolfe noted several changes to the agenda; it was also noted an executive session
would be held at the end of the regular meeting. There were questions regarding the design
workshop proposal, (would be considered under "other business") and the easements for the
whitewater park (which was removed at this time). Some items were rearranged as well.
DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
Town Attorney John Dunn asked if any members had any ex parte communication regarding
Ordinance No. 06-03; no one commented. Mayor Pro Tern Underwood disclosed the
relationship between her employer & East West Partners, indirectly; a letter is on file with the
Secretary of State's office. Councilors Sipes & Ferraro would step down for that-conversation.
Dunn noted correspondence with Vail Resorts, Inc. regarding Councilor Buckley's participation
in the confluence discussions; a request that she also step down. Councilor Buckley read a
statement at that time, noting that she would not step down from the confluence discussion, but
would step down on business directly related to Vail Resorts, Inc. She also noted that she filed
a letter with the Secretary of State's office.
STAFF INTRODUCTIONS FOR AVON POLICE DEPARTMENT
Acting Police Chief Mike Leake introduced John Shook, Randy Gray, Yvonne Ramirez as the
Department's newest police officers.
RESOLUTIONS
Norm Wood, Town Engineer, presented Resolution No. 06-09, Series Of 2006, Resolution
Authorizing the Filing of Statements of Opposition to Water Rights Applications 05CW262 and
05CW263 Filed by the Town of Minturn with the Water Court for Water Division No. 5
Statements which would afford Avon an opportunity to remain informed about the progress of
the Town of Mintum's two water rights applications. Councilor Buckley moved to approve
Resolution No. 06-09, Series Of 2006, Resolution Authorizing the Filing of Statements of
Opposition to Water Rights Applications Filed by the Town of Minturn. Councilor Sipes
seconded the motion and it passed unanimously by those members present (Phillips absent).
NEW BUSINESS
Patty McKenny, Town Clerk, presented a request from the Eagle County Clerk & Recorder's
office to use the Avon Municipal Building as a polling location for Precincts 15 & 19 in the
August primary & November general elections. Council agreed to hold the regularly scheduled
meetings for both the Planning & Zoning Commission and Council at different locations
(WiIdridge Fire Station & Avon Library) on those dates (August 8t' & November 7t' respectively).
ORDINANCES
Councilors Sipes & Ferraro left the meeting and Councilor Phillips arrived at this time. Tambi
Katieb, Community Development Director, presented Ordinance No. 06-03, Series of 2006, on
First Reading, an Ordinance approving the Amendment to the Confluence Planned Unit
Development & Development Agreement. He noted that this is a request for an amendment to
the 19 acre Confluence PUD to modify the existing development rights and zoning for the entire
property. This application proposes a Westin hotel, retail plaza, high-speed public gondola,
condominiums, and fractional residential units. The property is located between the Eagle River
and the West Town Center, accessible from Avon Road. The project has been under review by
the Planning & Zoning Commission over the past six months. Staff & P&Z have forwarded a
recommendation of approval with conditions. He noted that the land use proposal was reviewed
at the January 24th meeting and Finance Director Scott Wright would review the financial impact
analysis at this time. Wright's presentation included materials that addressed the fiscal impacts
of the project, the Metro District Fiscal Analysis & the history of the Confluence property. Chuck
Madison, East West Partners, presented some information regarding business points of the
project as follows:
■ Commented on how the fiscal impacts were calculated by them
Left turn on Avon Road - topic discussed at last meeting
■ Meeting Space square footage
■ Building D Conceptual Elevations
■ Western Cul-de-sac -
Mayor Wolfe opened the public hearing. The following people commented on the project:
■ Guy Erickson asked where the public parking is on the site & why the town is paying for
operations at the location
■ Peter Buckley asked if this were a good deal for the Avon taxpayer? How does it directly
benefit the taxpayer?
No further public comments were made and the hearing was closed.
Mayor Wolfe asked for Council comments and some further discussion took place. The
following items were identified by the Town Council as continued concerns:
■ Meeting space & parking at the hotel
■ Water rights
■ Affordable housing calculation
■ Multi year funding issue & the legal mechanism for a town
Councilor Buckley moved to table Ordinance No, 06-03; Councilor McDevitt seconded the
motion. Chuck Madison informed Council that the gondola manufacturer has asked for the
gondola order by March 1St and the need for the project to move forward. Council asked that
the applicant address the design guidelines with Planning & Zoning and that a draft
development agreement be included at the next meeting as well.
Mayor Wolfe asked that the easements for the RICD application under the consent agenda be
removed at this time; Council agreed. A brief discussion ensued about Item C on the consent
calendar for the Design Workshop proposal; questions were asked about the scope of work
related to the redevelopment of the Town Hall site. Tambi Katieb commented on the fact that
the consultants are working at a very conceptual level, and that understanding the "critical
mass" is the priority. It was noted that the project was budgeted.
UNFINISHED BUSINESS
Jacquie Halbumt, Asst. Town Manager, presented another update to the question of home
delivery and the idea of implementing cluster boxes in Avon. After some discussion, the
following points were raised:
Regular Council Meeting Page 2 of 3
February 14, 2006
■ Continue to get all the facts and then present that information to the public
■ Ask the public what is in their best merest
■ Provide for pros & cons and cluster boxes
■ Confirm what is going on with delivery in the Edwards area, and if it is cluster / home
delivery, how did that happen.
Provide for estimated costs of implementing the cluster boxes
Consent Agenda
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Buckley moved to
adopt the consent agenda; Mayor Pro Tern Underwood seconded the motion and it passed
unanimously.
a. Minutes from January 24, 2006 Regular Council Meeting
b. Clifton Gunderson LLP, Auditors' Engagement Letter, Engagement letter for auditing services of
2005 financial statements
c. Avon Town Center West Financial Analysis Add Service Proposal from Design Workshop,
Proposal to complete financial feasibility of Avon Town Center West project
d. Grimshaw & Harring Agreement for Legal Services, Proposal for scope of legal services
e. Easements for Eagle River Recreational Enhancements Project, Declaration of Easements for
RICD PE-06 & RICK PE-07, as part of the application to the Colorado Water Conservation Board
for the in channel diversion
f. Avon Streetscape Lighting Conversion Program Design Services Proposal from Architectural
Engineering Consultants, Proposal from AES for the engineering design services for the lighting
conversion program
There being no further business to come before the Council, the regular meeting adjourned at
7:30 PM. A brief break was taken. Mayor Pro Tem Underwood moved to convene to Executive
Session at 7:40 PM. Councilor McDevitt seconded the motion and further discussion took place
on the confluence project. (Sipes & Ferraro not present due to conflict of interest). The
Executive Session adjourned at 9 PM.
APPROVED:
Debbie Buckley
Kristi Ferraro `
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting
February 14, 2006
R ECTFULLY SUBMITTED:
P y Tn Clerk
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