TC Minutes 11-07-2012MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 7, 2012
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 Carroll called the meeting to order at 7:55 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, Acting Town Manager Patty McKenny, Town Advisor Larry
Brooks, Finance Director Scott Wright, Director PW &T Jenny Strehler, Deputy Town Clerk Catherine
Mythen, Dean Heizer, Heizer Paul Grueskin, Dee Wiser, Sherman and Howard as well as other staff
members and the public.
APPROVAL OF AGENDA
Mayor Carroll added the following item to Community & Citizen Input
➢ Updates on Election results
CONSENT AGENDA
a. Minutes from October 23, 2012
Mayor Carroll asked for a motion on the consent agenda. Councilor Dantas moved to approve the
consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
a. Public Hearing on Ordinance No. 12 -10, Series of 2012, First Reading, Ordinance Implementing
Settlement Term Sheet to Resolve Pending Litigation on 2008 CV 385 and 2010 CV 316;
Approving the Consolidated and Restated Annexation and Development Agreement; Approving
Acceptance of Real Property and Equipment; Approving the Acceptance and Conveyance of
Water Rights; Approving an Amendment to Village (at Avon) PUD; Approving a Re plat of Lot 1;
Approving Amendments to Chapter 18 of the Avon Municipal Code; Approving the Traer Creek
Plaza condominium application; and Taking such other Actions as Set Forth Herein to
Implement the Settlement Term Sheet (Public hearing continued from 9125112 meeting)
Village (at Avon) Topics & Presentations include:
1. Traer Creek LLC & Traer Creek Metropolitan District "Development Plan Application"
including the following items (Developer & Metro District Representatives):
a. Consolidated, Amended and Restated Annexation & Development Agreement for the
Village (at Avon)
b. The Village (at Avon) Amended and Restated PUD Guide and Map
c. Minor Subdivision Application for the Purpose of Resubdividing Lot 1, Amended Final
Plat, The Village (at Avon) Filing 1 Avon Colorado, Eagle County
2. Review PUD Amendment Application in accordance with Review Criteria and compile Report
of Findings (Town Council)
3. Public Input
4. Review Ordinance No. 12 -10 referenced above (Town Council
Applicant Representatives: Michael Lindholm TCMD & Traer Creek LLC, Dan Leary, President Traer Creek Metro
District, Munsey Ayers, Otten Johnson Robinson Neff & Ragonetti, representing Traer Creek LLC, Kimberly Martin,
Otten Johnson Robinson Neff & Ragonetti, representing Traer Creek LLC, Mary Jo Dougherty, Kathy Kanda,
McGeady Sisneros representing Traer Creek Metro District
Matt Pielsticker Planner 11, gave a review of some topics that had not been fully been discussed in
previous reports. These items are as follows:
1. Level of service for roadways, as it is related to the level of proposed increase in commercial square
footage,
2. Wildlife Mitigation Plan,
3. PUD Master Plan map changes.
Eric Heil presented the Avon Town Council Findings of Fact V - 7 and he noted that there were
additional changes presented.
• Section 2.4 (e)
• Section 6.7(b)
• Section 6.10
• Section 3.10 (b)
• Section H.3 (b)(ii)
• Section 1.15 (a)
• Revision to building height south of Main Street being measured at existing grade
• Section 8.5
• Section 3.2(b)
Comments were made about the trees that the developer was offering to provide along Hurd Lane /
EagleBend Road, to serve a screen between the development and the neighborhood. Munsey Ayes,
Otten Johnson Robinson Neff & Ragonetti, representing Traer Creek LLC was available for comment on these
changes. Mayor Carroll opened the public hearing and the following comments were heard:
• Tamara Underwood was not in favor of the settlement and noted that there was still work to
be done to get the documents acceptable
• Carol Kruger commented on the CARADA and was not supportive in moving forward
• Tom Braun representing the Eagle County School District commented on the school district site
dedication and its position
• Bette Todd commented on Parcel I and noted that she had sent a letter to the council that day
• Michael Lindholm commented on the agreements and asked about the open space purchase
• Mark Shelby commented on the fees that were owed to the town
No more comments were made and the public hearing was closed. Per the discussions, revisions to the
Findings of Fact and Record of Decision were made and distributed to the public as Version 10. Councilor
Reynolds made a motion to convene into an executive session at 10:15 PM; Councilor Dantas seconded
the motion and it passed unanimously. The executive session adjourned and the regular meeting
reconvened at 10:40 PM. The Town Attorney reviewed the changes include in version 10 as compared
to version 7. There was some council discussion regarding Ordinance 12 -10 version 8 and Avon Town
Council Findings of Fact and Record of Decision version 10, and after some council feedback, Councilor
Dantas moved to approve Ordinance No. 12 -10, Series of 2012, Second Reading, Ordinance
Implementing Settlement Term Sheet to Resolve Pending Litigation on 2008 CV 385 and 2010 CV 316;
Approving the Consolidated and Restated Annexation and Development Agreement; Approving
Acceptance of Real Property and Equipment; Approving the Acceptance and Conveyance of Water
Rights; Approving an Amendment to Village (at Avon) PUD; Approving a Re plat of Lot 1; Approving
Amendments to Chapter 18 of the Avon Municipal Code; Approving the Traer Creek Plaza
condominium application; and Taking such other Actions as Set Forth Herein to Implement the
Settlement Term Sheet with the following changes:
Regular Council Meeting Page 2 of 3
Minutes 12.11.07
✓ Page 12 section 3.11 changing proposed language "Master Developer may satisfy this
obligation"
✓ Page 14, Section 6.7B Capitalize "Cost" which is a defined term with capital project cost
✓ Section 8.5 to correct a typo to say Development Plan as a defined term and to delete an extra
"to»
Councilor Goulding seconded the motion and the motion was approved with a five to two (5 -2) vote
( Dantas, Evans, Goulding, Reynolds, Phillips —Yea; Carroll, Ferraro - Nay).
Mayor Carroll reviewed the future agenda items.
There being no further business to come before the Council, the regular meeting adjourned at
11:00 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
Regular Council Meeting
Minutes 12.11.07
RWE FULLY SUBMITTED_
� UIQV VIA-Q _
Catherine.Mythen, Deputy wn Clerk
i z
�Jv
Page 3 of 3