TC Minutes 06-28-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JUNE 28, 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 6:35 PM. A roll call was taken and Council members
present were: Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds.
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 there were no changes to the agenda. Town Attorney Eric Heil noted that
there was no conflict of interests to report.
COMMUNITY & CITIZEN INPUT
Kent Myers, presented an AirPlanners update that included airline industry information and program
funding request. He spoke about the need for public funding in order to keep the airport business
optimal. He requested a pledge from the Town of $10K which is about a $6,600 onetime payment for
one year; he noted this would be needed by September 2011.
Mike Dantas, spoke about several matters and requested responses to them as follows:
✓ Separation Standards to great at 13 feet
✓ Separating duplex lots to single family lots; would like a response
✓ Thanked PW about working through some parking issues at construction project
✓ Parking tickets during special events should be minimal for visitors, i.e. July 3`d celebration
Shirley Ritland, Stone Creek Condos resident, addressed the Council representing citizens of Avon who
do not want the snowball music event; she submitted a petition with signatures of those in the
neighborhood who were against the event due to excessive noise pollution and drug use associated
with this kind of event.
Andre de Lucinges, Falcon Point Manager, spoke about not supporting the snowball music festival as it
created many problems for his lodge. He asked that it be moved to the village property if at all
possible.
Danita Chirichillo, Special Events /Fitness Supervisor, presented an update and invitation to the Town
Council for the Salute to USA July 3, 2011 Event.
CONSENT AGENDA
Mayor Carroll asked for a motion on the Consent Agenda. Councilor Phillips moved to approve the
consent agenda; Councilor Evans seconded the motion and it passed unanimously. (Ferraro abstained)
a. Minutes from June 14, 2011
NEW BUSINESS
Chad Donnelly and Scott Stoughten, Promoters of Snowball Music Festival, presented information
about the following topics for the event:
➢ Parking Arrangements
➢ Improving Community Outreach
➢ Drug & Alcohol Awareness: no tolerance policy will be implemented
➢ Augmenting Transportation Plan
➢ Request for Avon Funding of all in kind services estimated at $75K
Further discussion was held regarding various event planning topics including an amount in which to
support the event. Mayor Pro Tern Ferraro moved to approve a "Special Events Permit" for the
Snowball Music Festival to be held next March 2012; Councilor Dantas seconded the motion and it
passed unanimously. There was discussion about whether or not to fund the event, and then how
much. Councilor Dantas moved to approve $15K in funding for the Snowball Music Festival; Mayor Pro
Tern Ferraro seconded the motion and it passed unanimously.
Shane Pegram, Project Engineer, presented the Metcalf Road Widening and Drainage Improvements
Project. He noted that their recommendation was to Award the construction contract to Gould
Construction.. Mayor Pro Tern Ferraro moved to approve the Contract for Gould Construction;
Councilor Dantas seconded the motion and it passed with a four to two vote (Evans & Goulding — nay).
Councilor Evans noted that he did not support fixing the drainage on Metcalf Road, he believed that it
was not a necessary expenditure, and has never seen the road flood.
ORDINANCES
Bob Ticer, Police Chief, presented Ordinance No. 11 -07, Second Reading, Series of 2011, An Ordinance
Amending Chapter 10.18 of the Avon Municipal Code to Adopt Seatbelt Regulations. A review of the
proposed legislation that recommends a change to Safety Belt Systems for the primary enforcement of
this law was made. He noted that the current law only allows officers to enforce the law after a person
is stopped for a separate traffic infraction. Mayor Carroll opened the public hearing, no comments
were made, and the hearing was closed. Councilor Evans moved to approve Ordinance No. 11 -07,
Series of 2011, Ordinance Amending Chapter 10.18 of the Avon Municipal Code to Adopt Seatbelt
Regulations. Councilor Phillips seconded the motion and it passed unanimously.
Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 2011 -06,
Series of 2011, Second 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 procedures 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. Some discussion ensued about
correcting some typos in the document as follows:
• Section 2, 7.24.080 (d)(1) temporary use shall not include events exceeding 300 persons in a
single day, not 100 persons
• Section 2 7.24.080 (d)(2) where the proposed temporary use or structure exceeds 30 days in a
calendar year, not 10 days
• Section 2 7.24.080 (d)(2) change from off -site parking to on -site parking
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EXECUTIVE SESSION
Councilor Phillips moved to convene an Executive Session at 8:50 PM; Councilor Goulding seconded the
motion and it passed unanimously.
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. Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions
pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to Water Treatment Plant and Town
Owned Property
c. Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions
pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to, Lot 5, Village (at Avon) and the
Design Review Board process
The Executive Session adjourned at 10 PM and convened to the regular meeting.
Mayor Rich Carroll and Town Manager Larry Brooks asked for affirmation to provide Stone Creek
Charter School with a letter that would grant a one month extension on the existing lease for Lot 5,
Filing #1, Village (at Avon). It was noted that currently Section 5, Term of Lease, stated in the Second
Amendment to the SCCS Lease, states that the lease ends on June 30, 2010. Councilor Evans moved to
grant the SCCS a month extension to the lease; Councilor Goulding seconded the motion and it passed
unanimously.
There being no further business to come before the Council, the meeting adjourned at 10:05 pm.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reync
RESPECTFULLY SUBMITTED:
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Mayor Carroll opened the Public Hearing and the following public input was received:
➢ Rick Dameron, Director of Operations, Christie Lodge and resident commented on the topic &
how the legislation impacts them in terms of the costs and time spent applying for the permit
& then attending the meetings; he was not supportive of all the requirements.
Councilor Dantas moved to reject Ordinance No. 11 -06 on second reading; there was not a second to
the motion, therefore the motion died. Councilor Dantas noted that he didn't agree with this type of
government regulations as it was micromanaging the businesses.
Councilor Phillips moved to approve Ordinance No. 2011 -06, Series of 2011, Ordinance Amending Title
7 of the Avon Municipal Code pertaining to Temporary Use Review Process and Procedures to the
development code with the above referenced changes. Mayor Pro Tern Ferraro seconded the motion.
Councilor Evans asked to amend the motion with the removal of the parking restrictions from the
"Exemptions" section (f) page 3'; he was concerned as to how & who would monitor this restriction.
Councilor Phillips did not accept that amendment to her motion. A roll call vote was taken and the
motion failed with a four to two vote (Dantas, Evans, Goulding, Reynolds — nay; Ferraro & Phillips —
yea). Further discussion ensued about the following:
➢ Keep the process simple and streamlined
➢ Eliminate the need for any town functions to have to complete the application process
➢ Keep the parking restrictions simple or non - existent
Councilor Evans moved to approve Ordinance No. 2011 -06, Series of 2011, Ordinance Amending Title 7
of the Avon Municipal Code pertaining to Temporary Use Review Process and Procedures to the
development code with the above referenced changes as well as the removal of the parking restrictions
from the Section 2, 7.24.080 (f) Exemptions, on page 3 of the document. Councilor Reynolds seconded
the motion and it passed with a four to three vote (Evans, Ferraro, Reynolds, Carroll — aye; Dantas,
Goulding, Phillips — nay).
RESOLUTIONS
Sally Vecchio, Assistant Town Manager Community Development, presented Resolution No. 11 -10,
Series of 2011, Resolution Revising the Fee Schedule for Zoning, Subdivision and Design and
Development Review Applications. It was noted that the fee included was $100, and the final invoice
would be based on time spent on the application, so either a refund might be made, or more monies
would be collected. Councilor Goulding asked about waiving fees to nonprofit groups; it was noted
that this was already part of the code as a case by case basis. Councilor Goulding moved to approve
Resolution No. 11 -10, Series of 2011, Resolution Revising the Fee Schedule for Zoning, Subdivision and
Design and Development Review Applications. It was noted that these are revisions to Community
Development Fee Schedule that adopts a new fee for the Temporary Use Permit. Councilor Ferraro
seconded the motion and it passed with a six to one vote (Dantas — nay).
MAYORS REPORT
Mayor Carroll asked for feedback from council members if they think there is a need to review "fee
schedules" for the Town.
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