TC Minutes 04-11-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD APRIL 11, 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, Amy Phillips, Brian Sipes,
and Tamra Nottingham Underwood. 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, Public Works/Transit Director Bob
Reed and Community Development Director Tambi Katieb, as well as members of the press
and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
Mayor Wolfe noted one addition to the agenda; the summer bus service discussion would be
added to Other Business. Town Attorney John Dunn asked if there were any conflicts to the
PUD hearing on Lot 44 & Lot 45 or any ex parte contact with respect to the Village at Avon
application on the preliminary subdivision plat. Councilor Sipes noted that in the past he had a
conflict of interest with the Village at Avon; however his firm is no longer under contract with
Traer Creek, RP LLC.
CITIZEN AND COMMUNITY INPUT
Drew Dodd, President of American National Bank, presented a check for the Title Sponsor to
Salute to the U.S.A. Debbie Comerford with the Eagle Valley High School 2006 project
graduation made a request for bus service for this event. Meryl Jacobs, Recreation Director,
outlined what the town does for Battle Mountain's project graduation. There was consensus to
provide the service to the group at cost. Council authorized this expenditure in the amount of
the cost of providing the service. Jeremy with ABA thanked council for their support with the
confluence project & hopes business climate will continue to improve. He also asked Council to
continue researching the cluster box mail delivery.
ORDINANCES
Mayor Wolfe noted the process for decision making on this subject matter, noting the business
actions that address the topic. Matt Pielsticker, Town Planner, presented Ordinance 06-01,
Series of 2006, on First Reading, An Ordinance Approving An Amendment To The Wildridge
Planned Unit Development (PUD) For Lot 44 And Lot 45, Block 4, Wildridge Subdivision, Town
of Avon, Eagle County, Colorado. He noted that this PUD amendment is a request to allow for
three (detached) single-family residences in place of a two duplex structures at the location of
5123 & 5129 Long Sun Lane. This application was remanded back to the Planning & Zoning
Commission on January 24, 2006. He explained the application in detail and noted that the
P&Z Commission voted to deny the application on April 4, 2006. They noted that the application
was in conflict with a number of policies and guidelines outlined in Avon's Comprehensive Plan
and Zoning Code (see memo for explanations). Applicant Sam Eckert, representing owners of
Lots 44 & 45, addressed the Council with regard to the application. He spoke about the down
zoning applications approved by the Town. Mayor Wolfe opened the public hearing and the
following people spoke:
✓ Chris Green made several comments about the application related to developable rights,
precedence of the decisions, and public benefit aspect of the request
✓ Sam Eckert spoke again on the topics of public benefit, the buildings, height
Mayor Wolfe closed the public hearing. Council comments were made addressing some of the
following topics:
✓ If the design review criteria were followed closely when evaluating the application, it
does not comply with some of that criteria
✓ Concerned about building on lower side of the property
No motion- was made on Ordinance 06-01, Series of 2006, on First Reading, An Ordinance
Approving An Amendment To The Wildridge Planned Unit Development (PUD) For Lot 44 And
Lot 45, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado.
Councilor Sipes moved to approve Resolution No. 06-06, Series of 2006, Resolution Denying
the Amendment to the Wildridge Planned Unit Development for Lot 44 & Lot 45, Block 4,
Wildridge Subdivision, Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion
and it passed with a five to one vote (Buckley nay).
Councilor Sipes moved to approve Resolution No. 06-05, Series of 2006, A Resolution Denying
Preliminary Subdivision Plan For A Resubdivision Of Lots 44 & 45, Block 4, Wildridge, Town Of
Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it passed with a
five to one vote (Buckley nay).
John Dunn, Town Attorney, presented Ordinance No. 06=05, Series of 2006, on first reading, An
Ordinance Amending Chapter 8.32,Title 8, Avon Municipal Code, Relating To The Protection Of
Wildlife And Providing Penalties For The Violation Hereof. He explained the proposed revisions
to the existing ordinance that were suggested by the Police Department in hopes of helping with
enforcement of this legislation. After some discussion, it was noted that for second reading staff
present a redraft of the entire section that addresses the curbside aspect of the legislation,
adopt with direction to town attorney to make the corrections.
Councilor Ferraro moved to approve Ordinance No. 06-05, Series of 2006, on first reading, An
Ordinance Amending Chapter 8.32,Title 8, Avon Municipal Code, Relating To The Protection Of
Wildlife And Providing Penalties For The Violation Hereof with suggested amendments
addressing the curbside issue. Mayor Pro Tern Underwood seconded the motion and it passed
unanimously.
RESOLUTIONS
Norm Wood, Town Engineer, presented Resolution 06-14, A Resolution Approving Preliminary
Subdivision Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. He
noted that Traer Creek RP LLC's application will create a right-of-way for the installation of a
water service main and future public road, a site for a two million gallon potable water storage
tank and drainage easements for natural steam flow & wetland mitigation. After a review of the
application by staff, Dominic Mauriello, representing Traer Creek RP LLC reviewed the
application, noting that this application establishes a water tank on the hillside. He reviewed the
history on the project, original PUD map, proposed water tank specs, proposed road specs,
grading aspects of road & tank area, retaining walls surrounding water tank, PUD build out area
with emergency service district sites, park area, etc. Council asked numerous questions related
to the following topics:
✓ Wetlands mitigation locations - current location was chosen because of the least
amount of disturbance required
✓ Explained the premise for the design of the tank, to spread
✓ Addressed dust mitigation plans for the area - provisions are included
✓ Procedure on the subdivision application - why stop on showing where the road is
proposed -
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April 11, 2006
✓ The parcel will need to be resubdivided before any development occurs
✓ Why is a road being subdivided only, why are not other areas being addressed in this
subdivision
✓ why not identify what is taking place in the other areas / a piecemeal approach
✓ Difficult to evaluate without having more of the areas proposed
✓ Would like more information because of the public benefit and impact of those parcels in
that area
✓ Concern about losing some of the park - at the time of subdividing filing 3
✓ Design of the tank in not appealing to the public & inconsistent with the level of design
the village has showed with other projects, why not bury the tank, were other locations
for the tank identified - behind buffalo ridge
Mayor opened the public hearing and the following people commented:
✓ Lynn Schorer, Engineering Manager for Eagle River Water & Sanitation District
commented on the"water tank noting that it has met the district's requirements and does
provide a public benefit. ERWSD would like to get the tank constructed and is not
concerned with the visual impacts of it.
Mayor Wolfe closed the public hearing. He asked for either a motion to approve or motion to
table the application. Mayor Pro Tern Underwood moved to deny Resolution 06-14, a
Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 4, Town of
Avon, Eagle County, Colorado for the following reasons:
✓ Violates the comprehensive Plan
✓ Filing 4 not suitable for the described use
✓ No information provided regarding surrounding land use compatibility
Councilor Underwood noted that she would entertain "tabling the motion" if the applicant would
request such tabling. Dominic Mauriello, representing the applicant, requested a table of this
resolution. Councilor Phillips moved to table Resolution 06-14, a Resolution Approving
Preliminary Subdivision Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle County,
Colorado noting some of the following reasons for denial and requests of information for further
consideration of this application:
✓ Not supportive of the constructed Wetlands mitigation; could be improved upon;
requested Depiction of what the wetlands ponds would look like
✓ Not supportive of aesthetics / visual impact of the large water tank; requested better
depiction of what the tank will look with landscape, what does the tank look like across
the valley; what is the future road alignment of road coming down that area
✓ Concerned with grading & level of cuts adjacent to the parks
✓ Concerned with actual acreage of the park; requested documentation with final size of
parks
✓ The analysis made with Avon's Comprehensive Plan was not adequate
✓ Need more information on the compatibility with surrounding land uses
✓ Provide a landscape plan for the area
✓ Plan more of Filing 4, not just the right-of-way, the water tank and wetlands; show the
road & subdivide filing 4; show how the parcels interact with each other; need a big
picture of this project
Councilor McDevitt seconded the motion and it passed unanimously. Clarification was made on
the road right of way measurement. `
NEW BUSINESS
Gerry Flynn, President, Eaglebend Affordable Housing Corporation "EBAHC" and part owner of
Polar Star Properties (manager of the property) addressed the Council with regard to the current
status of the Eaglebend housing project; he provided a financial update as well. He noted that
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April 11, 2006
there might be an opportunity to refund some bonds in the near future. He spoke of the capital
projects the reserves have been able to fund. He requested Council to consider using the
affordable housing funds provided for by the Gates Project to be used on improving the units at
EagleBend. After Council deliberation and in light of the earlier work session discussion on
affordable housing, the Council agreed they should wait to make any decisions until further
study has been made of all options for funding affordable housing for residents of Avon and
Eagle County.
OTHER BUSINESS
Transit Director Bob Reed presented the proposed bus routes that included service to the
Village at Avon area. Discussion ensued on various ideas for routes and Council noted their
support of extending the service. Councilor Buckley moved to direct staff to come back with a
budget amendment addressing the new bus service. Councilor Sipes seconded the motion and
it passed unanimously. Councilor McDevitt directed staff to talk to Traer Creek immediately and
give them the option of joining the Town of Avon in funding this service. Town Manager Larry
Brooks stated for the record his support of Council's action on this topic.
Councilor McDevitt raised the topic of recent odor problems in Avon. H spoke with several
people at Eagle River Water & Sanitation District, who have noted that there have been staff
transitions and in summary they have lost the recipe to solving this odor problem. Discussion
ensued about how the town needs to be more diligent in reporting this problem.
TOWN ATTORNEY REPORT
A brief discussion was held regarding whether or not that there has been any response from.
Traer Creek Metro District on the Town's request for financial information; Finance Director
Scott Wright noted that there has been no response.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Buckley moved to
adopt the consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
a. Minutes from March 14, 2006 Meeting .
b. Service Agreement with Beaver Creek Metro District (Bob Reed, Transit Director)
c. Presenting Sponsorship Agreement for American National Bank - Salute to U.S.A.
There being no further business to come before the Council, the regular meeting adjourned at
9 PM.
RESPECTFULLY SUBMITTED:
PattMc nny, T 77!r rk
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
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April 11, 2006