TC Minutes 05-24-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY 24, 2011
A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street,
Avon, Colorado in the Council Chambers.
Mayor Rich Carroll called the meeting to order at 5:45 PM. A roll call was taken and Council members
present were, Dave Dantas, Chris Evans, Kristi Ferraro, Amy Phillips, and Buz Reynolds. Todd Goulding
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, Director PW &T Jenny Strehler,
Community Relations Officer Jaime Walker, as well as other staff members and the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Carroll noted that the following topics were continued from the Work Session and added to the
regular meeting agenda as item 9) transit and community funding discussions.
COMMUNITY & CITIZEN INPUT
The following public spoke about various topics:
➢ Tripp Plavec submitted a letter regarding access to the White River National Forest has dictated by
a recent adoption of a USFS mast Plan. There was some discussion and staff was asked to present
the town's action taken on the process and document in 2006.
➢ Laurie Baker 2030 Beaver Point spoke about the parking at the Beaver Creek Point trailhead; she
continues to disagree with the parking created.
➢ Paula O Leary, resident at Beaver Point, also commented about the trailhead parking.
➢ Peter Warren, resident Little Point, commented about the parking and the Land Exchange parcels
➢ Marcus Lindholm, Village at Avon, asked about Harvey Robertson's (RMT Architects) feasibility
analysis and comments to the proposal.
➢ Michael Lindholm, Village at Avon, asked about the town's comprehensive plan and what the
proposed use for East Avon Open Space included.
CONSENT AGENDA
Mayor Carroll asked for a motion on the consent agenda. Councilor Evans moved to approve the
consent agenda; Councilor Reynolds seconded the motion and it passed unanimously.
a. Minutes from May 10, 2011
b. 2010 Year End Financial Report
NEW BUSINESS
Sally Vecchio, Assistant Town Manager Community Development presented a "Request to Initiate Zone
Text Amendment" to Chapter 7.16 "Development Review Procedures" of the Avon Development Code
for the purpose of clarifying §7.16.100 Special Review Use Action and to direct staff to propose a
zoning text amendment per ordinance that addresses the duration of a special review use approval by
P &Z Commission and Town Council. It was noted that this suggestion comes from both the Town
Attorney and the Community Development Staff in order to revise language that would convey the
intent for allowing a special use a longer timeframe. It was noted that the Special Review Use —
Duration of Approval recently adopted regulations limit the duration of approvals by the PZC to 2 years
with additional time permitted by Council ordinance as follows:
Sec 7.16.100(f) Expiration and Preliminary Review. All special review use approvals shall be valid
for two (2) years unless otherwise stated in the approval ordinance; however, the PZC may assign a
shorter time frame at their discretion. At least thirty (30) days prior to the expiration, the holder of
the special review use approval may apply for a review hearing before the PZC. The PZC shall review
the use against the criteria in §Z16.100(e) to determine whether the special review use will be
allowed to continue.
According to the analysis provided by Clarion & Associates during the code amendment process, the
intention of this provision was to ensure that the Town was able to "keep a closer watch on these uses
through periodic review. This would give the Town Council authority to approve extended time frames
for SRUs allows the Town's policy body to determine whether there is a public interest in extending the
approval time of a SRU. Mayor Pro Tern Ferraro moved to direct staff to Initiate a Zone Text
Amendment to Chapter 7.16 "Development Review Procedures" of the Avon Development Code for
the purpose of clarifying §7.16.100 Special Review Use, Councilor Phillips seconded the motion and it
passed unanimously by those present (Goulding absent) .
RESOLUTIONS
Sally Vecchio, Assistant Town Manager Community Development, presented Resolution No. 11 -09,
Series of 2011, A Resolution by the Avon Town Council Supporting a Multi -Party Land Exchange Located
in the White River Forest in Eagle County and Recommending Exceptions to the Conservation
Easements on the Avon West Parcel and the Forest Service Village Parcel. She noted that this action
supports exceptions to conservation easements for both East & West Parcels. It was noted that a
review of the parcels was made by town staff through the completion of a "Site Suitability Analysis"
and that a public hearing on this matter occurred on May 10, 2011 which also helped to further refine
the location and extent of the conservation easement exceptions. There was a strong support for
maintaining the Avon West Parcel for trails and open space preservation, and providing limited
recreation, affordable housing, community facilities and vehicle access from Highway 6 on the Forest
Service Village Parcel. The resolution provided for the general recommendation and would be included
in the USFS analysis. Marcus Lindholm, Village at Avon, asked about whether or not the town received
the letter from the Eagle County Ambulance District regarding their support of allowing a road to cross
the Forest Service Village parcel.
Councilor Evans moved to approve Resolution No. 11 -09, Series of 2011, A Resolution by the Avon
Town Council Supporting a Multi -Party Land Exchange Located in the White River Forest in Eagle
County and Recommending Exceptions to the Conservation Easements on the Avon West Parcel and
the Forest Service Village Parcel with the following conditions:
✓ Remove East Access to Parcel M through the State Board Land
✓ Change the hatching on West access to Parcel M
✓ Change wording from "proposed to potential" affordable housing
Councilor Dantas seconded the motion and it passed unanimously by those present (Goulding absent).
Regular Council Meeting Page 2 of 4
Minutes 11.05.24
ORDINANCES
Sally Vecchio, Assistant Town Manager Community Development presented Ordinance No. 2011 -06,
Series of 2011, First Reading, Ordinance No. 2011 -06, Series of 2011, Ordinance Amending Title 7 of the
Avon Municipal Code. She noted that this legislation addresses Avon Municipal Code §7.16.040 (c)
Review Criteria as related to Temporary Uses Permits. It was noted that this legislation adds a
temporary use review process and procures to the development code. The proposed regulations allow
for the establishment of certain temporary uses and special events for limited duration, provided that
such uses comply with general and specific review criteria. She noted that a fee schedule (included in
the council packet) would need to be adopted if the council approved the ordinance. Councilor
Reynolds moved to approve Ordinance No. 2011 -06, Series of 2011, Ordinance Amending Title 7 of the
Avon Municipal Code related to adding a temporary use review process and procedures. Mayor Pro
Tern Ferraro seconded the motion and it passed unanimously by those present (Goulding absent).
CONTINUED BUSINESS
Mayor Carroll noted that further discussion would take place on the following two topics.
Transit Discussion
After some discussion there were some agreed upon business points that were to be included in the
draft IGA w/ BCRC, the items identified are as follows:
• A multi- year agreement should be prepared, subject to annual appropriations as necessary for
TABOR
• Avon Transit should run the skier shuttle and evening restaurant shuttle services
• Avon transit should be provided with on -going access to the covered bridge stop for these
routes
• BCRC should be asked to contribute as a similar level to that expected from the Town (i.e.
$75,000 for the 2011- 2012 season with future CPI adjustments.
Community Funding Requests:
Some discussion ensued about community funding requests for 2012. In light of the current financial
constraints, it would be difficult to invite the groups to submit the applications. Some council members
requested that this topic be discussed in full at the next meeting.
EXECUTIVE SESSION
Councilor Phillips moved to convene an Executive Session at 8:35 PM; Councilor Evans seconded the
motion and it passed unanimously. The following reason was noted for the discussion:
a. For the purpose of receiving legal advice to specific legal questions pursuant to Colorado Revised
Statute §24- 6- 402(4)(b) related to pending litigation regarding Town of Avon v Traer Creek
Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316
b. For the purpose of receiving legal advice to specific legal questions pursuant to Colorado Revise
Statute §24- 6- 402(4)(b) related to Real Estate Transfer Tax Collections for Wal -Mart and Home
Depot
c. For the purpose of determining positions relative to matters that may be subject to negotiations;
developing strategy for negotiations; and instructing negotiators regarding transit connection
between Avon and Beaver Creek pursuant to Colorado Revised Statute §24- 6- 402(4)(e)
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Minutes 11.05.24
The Executive Session adjourned at 9:35 pm and convened to the regular meeting.
There being no further business to come before the Council, the meeting adjourned at 9:35 pm.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
Regular Council Meeting
Minutes 11.05.24
RESPECTFULLY SUBMITTED:
P�) G
Patty McKenn n Clerk
ftSG
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