TC Minutes 08-10-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD AUGUST 10, 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 5:30 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Amy Phillips, Brian Sipes and Buz Reynolds.
Kristi Ferraro was absent. Also present were Town Attorney Eric Heil, Town Manager Larry
Brooks, Assistant Town Manager Patty McKenny, Assistant Town Manager Community
Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Town Engineer
Justin Hildreth, Community Relations Officer Jaime Walker as well as members of the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Wolfe noted that there would be no changes or conflict of interest at the meeting.
COMMUNITY INPUT
Mayor Wolfe commented on the recent accident on the Heat Recovery Project job site that
resulted in the fatality of Mr. Jack Muransky, an employee of BT Construction. He expressed
the town's condolences to the family. He noted that further investigations are being conducted.
Town Attorney, Eric Heil, presented an update on the litigation between Traer Creek LLC and
Traer Creek Metro District and the Town of Avon.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. There were some comments made
about the cost estimates related to the Recreation Center roof replacement. Councilor Phillips
moved to approve the consent agenda; Councilor Carroll seconded the motion and it passed
unanimously:
a. Minutes from July 27, 2010
b. Intergovernmental Agreement with Eagle County Clerk & Recorder's Office for
Coordinating the November 2, 2010 General Election (Patty McKenny, Assistant Town
Manager / Management Services) IGA that addresses the administration and conduct of the
November 2, 2010 election
c. Construction Contract with GE Johnson (Shane Pegram, Project Engineer) Complete the
Recreation Center CMU Block Deterioration Mitigation and Recreation Center Roof Repair
Capital Improvement Projects / It was noted that estimates should always be included even if the
final cost hasn't been confirmed
d. Professional Service Agreement with Intermountain Engineering (Shane Pegram, Project
Engineer) Complete the design of the Metcalf Gulch Drainage Improvements and Phase I of the
Metcalf Road Bicycle Climbing Lane from Nottingham Road to Wildwood Road
e. Resolution 10 -19, Series of 2010, A Resolution Supporting the Grant Application for a
Local Parks and Outdoor Recreation Special Opportunity Grant from the State Board of
the Great Outdoors Colorado for the Eagle Valley Trail Bridge over the Eagle River at
Avon Road (Jeff Schneider, Project Engineer. Justin Hildreth, Town Engineer) Action supporting
the Grant Application for a Local Parks and Outdoor Recreation Special Opportunity Grant from
the State Board of the Great Outdoors Colorado for the Eagle Valley Trail Bridge over the Eagle
River at Avon Road
f. Stipulation and Agreement for Water Court Case Nos. 06CW264 and 07CW225 (Town
of Minturn and Ginn /Battle Mountain Applications for Conditional Surface and Water
Storage Rights) (Justin Hildreth, Town Engineer) Proposed stipulation-and agreement for the
Water Court Case Nos. 06CW264 and 07CW225
NEW BUSINESS
Sally Vecchio, Asst. Town Manager Community Development, presented the revised
Intergovernmental Agreement with Eagle County for Building Inspection Services. She made a
brief review of the proposed agreement that arranges for building inspection services from
Eagle County and provides for the same service to Eagle County from Town of Avon. Councilor
Dantas moved to approve the IGA for the Building Inspection Services with Eagle County;
Mayor Pro Tern Sipes seconded the motion and it passed unanimously (Ferraro absent).
ORDINANCES
Public Hearing Continued From July 27. 2010 on Ordinance No. 10 -14, Series of 2010, First
Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon
Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and
Repealing Portions of Title 2: Administration and Personnel (Sally Vecchio, Asst Town Manager
Community Development, Eric Heil, Town Attorney) Review proposed Development Code as adopted by
the Planning & Zoning Commission /
Ron Wolfe, Mayor, presented a review and asked that the Council acknowledge and approve
the process for adopting Ordinance No. 10 -14, Development Code. He asked that the format of
the discussion and public input be as follows:
1) Staff reports
2) Council questions & comments
3) Public hearing on each section as presented by staff
4) Final council discussion & direction section by section
Town Manager, Larry Brooks, framed the topic with the fact that the council packet materials did
provide responses for most of the public input. He also asked that Todd Goulding, Chairman of
the Planning & Zoning Commission, be a part of the discussion so as to explain the position of
the commission's point of view on proposed the code. Sally Vecchio, Asst Town Manager
Community Development, expressed appreciation of the public input as it raised the bar for
analysis of the development code. She then presented Ordinance No. 10 -14, Series of 2010,
First Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon
Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and
Repealing Portions of Title 2: Administration and Personnel. She noted that staff would begin
by addressing the following development standards with a review of the proposed revisions
made based on public input:
✓ Design Standards found in Section 7.28.090
✓ Retaining Wall Standards found in Section 7.28.070
✓ Steep Slope Standards found in Section 7.28.100
✓ Access Drive Requirements found in Section 7.28.030
There was an opportunity for comments from both town council members and chairman of
Planning & Zoning commission as follows:
Mayor Pro Tern Sipes:
✓ Too many numerical guidelines
✓ P &Z should make the judgment calls, not the code book
✓ not supportive of the 45 foot height
✓ revise the submittal requirements a bit
Chairman Todd Goulding:
➢ Noted that some of the difficulty lies in providing customer services and meeting the
code requirements
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➢ staff should not be in a position to make subjective approvals
➢ Spoke about performance specs that were applied to the process
➢ asked that the documents include some acceptable pictures to help P &Z make the
appropriate decisions
Councilor Reynolds:
✓ Many variables that exist with raw land
✓ Requirements really stifle the developer and architect
Councilor Dantas:
➢ the code as proposed suggests that limiting the site will then only create a worse
environment to have to meet the requirements
Councilor Carroll:
✓ Stay more performance oriented; and stay away from the number requirements in the
code /
Mayor Wolfe:
Prefers leaving the process more subjective and not restrict it by numbers.
Mayor Pro Tern Sipes:
➢ Supports the proposed code and encourage everyone not to get bogged down with the
details
➢ Doesn't support using the numbers
➢ WR is unique so take a unique approach in evaluating the applications
➢ Must respect the residents in the neighborhoods /
➢ The priorities should include 1) how to correct the bad development pattern on the valley
floor, 2) how to deal with the village at avon, 3) how does the town build from the center
of town out
Mayor Wolfe opened the public hearing on the development and design standards and the
following comments were made:
❖ Tripp Plavec: concerned about the landscaping requirements
❖ Mike Dantas: requests that the town address the residential by allowing for splitting
some of the homes instead of fourplexes and duplexes; asked that the town possibly
redefine the term duplex and asked why the town changed the rules when things weren't
broken
❖ Chris Evans: supported the idea of creating opportunities for turning duplexes into
single family lots
The public hearing was closed.
Further Council comments were made:
Mayor Pro Tern Sipes:
✓ Asked to review the WR design PUD guidelines
Councilor Reynolds:
➢ Asked that the landscaping guidelines include fire dept. language that would help with
wildfire mitigation
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Councilor Dantas:
✓ Asked that the town review the ERWSD water guidelines and incorporate those
restrictions into Avon's code
Mayor Wolfe provided some concluding comments as follows:
❖ Many have described the "we want" at this time
❖ When writing the development code there must be thought placed on creating a balance
between the residents, the town and the buyer
❖ Propose that the town wants to have performance based standards and maybe these
are adopted separately;
❖. Review creating an opportunity for creating more single family homes instead of the
multi unit properties duplexes
At this time Eric Heil, Town Attorney, presented the following development code chapters
highlighting the content in the chapters:
7.04: General Provision
7.08: Definitions
7.12 Development Application Review Authority
7.16 Development Review Procedures
There was a review of the public input as it pertained to each section described above. Council
provided input on various sections within each of the Chapters. Mayor Wolfe opened the public
hearing to receive input on the discussions about the above referenced chapters.
■ Dominic Mauriello: spoke about the role and intent of using the Comp Plan in the
development code, he asked that there is a thorough review of how this document is
used, as an advisory or regulatory document.
After some wrap up discussions, it was agreed to continue to the review the proposed
development code chapter by chapter.
Councilor Carroll moved to continue until August 17, 2010 the public hearing and Ordinance No.
10 -14, Series of 2010, First Reading, An Ordinance Amending the Avon Municipal Code by
Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing
Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel. Mayor Pro
Tern Sipes seconded the motion and it passed unanimously (Ferraro absent).
There being no further business to come before the Council, the regular meeting adjourned at
10:40 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reyn
Brian Sipes
Ron Wolfe
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