TC Minutes 03-23-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 23, 2010
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One
Lake Street, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 6:00 PM. A roll call was taken and Council
members present were Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds and Brian
Sipes. Rich Carroll was absent. Also present were Town Attorney Eric Heil, Town Manager
Larry Brooks, Deputy Town Clerk Catherine Haynes, Town Engineer Justin Hildreth, Assistant
Town Manager Finance Scott Wright, Assistant Town Manager Community Development Sally
Vecchio, Sergeant Jonathan Lovins, Meryl Jacobs Recreation Director, Jaime Walker,
Community Relations officer as well as members of the public.
COMMUNITY/ CITIZEN INPUT
Danita Chirichillo, Special Events Supervisor, gave an update on the Avon Egg Hunt Event
which is held on April 3 from 10 am — 12 Noon which is the largest egg hunt in county.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
There were no changes to the agenda and no conflict of interest.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Councilor Ferraro moved to approve
the consent agenda; Councilor Dantas seconded the motion and it passed unanimously by
those present (Sipes abstained; Carroll absent)
a. Minutes from March 9, 2010
NEW BUSINESS
The Intergovernmental Agreement for Law Enforcement Services within Other Municipalities in
Eagle County was presented by Jonathon Lovins, Sergeant. Sgt. Lovins provided a review of
the Mutual Aid Agreement for the Provision of Law Enforcement Services. Mayor Pro Tern
Sipes moved to approve the IGA for Law Enforcement Services within Other Municipalities in
Eagle County. Councilor Phillips seconded the motion and it passed unanimously by those
present. (Carroll Absent)
RESOLUTIONS
Shane Pegram, Project Engineer, presented Resolution No. 10 -08, Series of 2010, Resolution
Approving a Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1,
Benchmark at Beaver Creek, Town of Avon, Eagle County. He noted that this Condominium
Map resubdivides the existing Avon Mini Storage, located at 431 Metcalf Road, into two distinct
condominium units and common elements. Councilor Phillips moved to approve Resolution No.
10 -08, Series of 2010, Resolution Approving a Condominium Map of Avon Mini Storage
Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County.
Councilor Ferraro seconded the motion and it passed unanimously by those present (Carroll
Absent)
Scott Wright, Assistant Town Manager Finance, presented Resolution No. 10 -10, Series of
2010, Resolution to Amend the 2010 Town of Avon Budget. He reviewed the resolution
amending 2010 budget cuts in light of $1.1 million shortfall in revenues due to non - payment of
municipal services and sales tax shortfall invoices by Traer Creek Metropolitan District. Michael
Lindholm, Traer Creek LLC RP, requested that he be able to provide public input at this time
and asked if the budget shortfalls were related to the economy and not only to Traer Creek's
nonpayment of municipal services and sales tax shortfall. Members of the Council explained
that the Town manager had made budget amendments last year to compensate for the
economic downturn. After this brief discussion, Councilor Dantas moved to approve Resolution
No. 10 -10, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget Review
resolution amending 2010 budget cuts in light of $1.1 million shortfall in revenues due to non-
payment of municipal services and sales tax. Councilor Ferraro seconded the motion and it
passed unanimously by those present (Carroll Absent)
Mayor Wolfe presented Resolution No. 10 -11, Series of 2010, Resolution of Town of Avon
Appointing Representatives to Upper Eagle Regional Water Authority. He noted that this
Resolution appoints Town Council Member Kristi Ferraro to be the designated principal member
of Upper Eagle River Water Authority and the Town Engineer Justin Hildreth as the designated
alternate member to serve in the absence of the designated principal member to the Upper
Regional Water Authority. This action was taken in light of Mayor Pro Tern Sipes notice that he
can no longer serve on the board. Councilor Dantas moved to approve Resolution No. 10 -11,
Series of 2010, Resolution of Town of Avon Appointing Representatives to Upper Eagle
Regional Water Authority. Councilor Reynolds seconded the motion and it passed unanimously
by those present (Carroll Absent).
ORDINANCES
Matt Pielsticker, Planner II, presented Ordinance No. 10 -04, Series of 2010, Second Reading,
Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood
Subdivision, to Allow Short Term Rental Use. He noted that the Brookside HOA submitted an
application to amend the Brookside PUD to permit Short Term Rentals as a use by right on Lots
2 and 3 of the development. Councilor Phillips moved to approve Ordinance No. 10 -04, Series
of 2010, Second Reading, Ordinance Approving an Amendment to the Brookside PUD, Lots 2 &
3, Eaglewood Subdivision, to Allow Short Term Rental Use. Councilor Dantas seconded the
motion and it passed unanimously by those present (Carroll absent).
Matt Pielsticker, Planner II, presented Ordinance No. 10 -05, Series of 2010, Second Reading,
Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station
Subdivision, to Allow Short Term Rental Use. He noted that the Canyon Run HOA submitted an
application to amend the Canyon Run PUD to permit short term rentals as a use by right on Lot
4 of the development. It was noted that the property is 70 residential units and approval was
received from the homeowners. Councilor Ferraro moved to approve Ordinance No. 10 -05,
Series of 2010, Second Reading, Ordinance Approving an Amendment to the Nottingham
Station PUD, Lot 4, Nottingham Station Subdivision, to Allow Short Term Rental Use. Councilor
Phillips seconded the motion and it passed unanimously by those present (Carroll absent).
APPEAL BY TRAER CREEK PLAZA, LLC
Mayor Wolfe presented the Appeal by Traer Creek Plaza, LLC concerning the Traer Creek
Plaza, LLC Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal
Code. Eric Heil, Town Attorney, gave a brief overview of the Town Clerk's decision not to place
the item on the council agenda. The matter was reviewed on February 23, 2010 with
representatives from Traer Creek, the Town Council and Town Staff. The record provided was
reviewed by the Town Council who took action to close the record with certain additions and
corrections requested by the Town Attorney and with direction to town staff and Traer Creek
Plaza, LLC to provide proposed written findings for the town's consideration. .
Regular Council Meeting Page 2 of 3
10.03.23
Mayor Pro Tern Sipes moved to approve the Appeal concerning the Traer Creek Plaza, LLC
Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal Code as
written with the addition into 6 (f) as follows:
(fl Final Decision "Based on the findings stated above, the Town Council upholds the
decision of the Town Clerk to not place the Traer Creek Plaza Condominium Subdivision
application on the agenda of a Town Council meeting because the Town Council finds that the
Application does not provide the required amount of accessory parking to serve the building or
use within the same ownership or possession as the building or use that such accessory
parking serves, and therefore, the application is not in compliance with the applicable standards
of the Municipal Code. Pursuant to Section 16.12.050 of the Municipal Code, the application as
submitted is not entitled to be placed in a meeting agenda of the Avon Town Council for
consideration by the Town Council ".
Councilor Ferraro seconded the motion and it passed unanimously by those present (Carroll
absent).
There being no further business to come before the Council, the regular meeting adjourned at
7 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Rey
Brian Sipes
Ron Wolfe
RESP TFULLY SUBMITTED:
c
Cather' a Haynes, D Clerk
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