TC Minutes 11-08-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 8, 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 5:30 PM. A roll call was taken and Council members
present were Dave Dantas, Chris Evans, Todd Goulding, Amy Phillips 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, 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 reports of any conflicts of interests. The Town Attorney spoke
about the recent passage of the amendments to the home rule charter that were primarily language
updates. He noted that one change impacts the ability of the mayor to vote on matters and changes
the voting on intergovernmental agreements.
COMMUNITY & CITIZEN INPUT
➢ Mike Caccioppo, presented some questions about the charter amendments
➢ Chris Green, Chairman Planning & Zoning Commission, provided an update on the code
amendments related to a recent conference
➢ Kathy Ryan, 414 W. BC Blvd., asked some questions about the snowball music festival event
➢ Kent Myers, EGE Air Alliance, spoke about the air service options and incremental sales tax impact
for the town if their strategic plan is executed.
➢ J.K. Perry, Public Access TV 5, presented an update on the recent audio /video equipment that
was purchased TOV, TOA and TV 5.
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 by those present
(Ferraro absent).
a. Minutes from October 25, 2011
COUNCIL & STAFF UPDATES
a. Harry A. Nottingham Park Lake Update (Jeff Schneider, Project Engineer) Review status of lake
leakage and future plans
An update was presented by Jeff Schneider as follows:
✓ A sealant material was used on the lake liner & the water was added and is holding, expected
to be full in 3 weeks
✓ There will be an effort to seek more permanent repairs
✓ The town has identified some possible funding sources, i.e. water fund of $1.5M as well as
possible grant funding
✓ May want to consider creating a beach area along the lake
✓ They will be undertaking a feasibility study in 2012
✓ 2013 may be the earliest construction timeframe
✓ Likely predict an uninterrupted use of the lake this winter for ice skating;
b. Vacation Rentals Compliance Update (Scott Wright, Assistant Town Manager Finance) Update
about short -term rental audit process
A brief update was presented about this program.
c. Nottingham Power Plant Project Update (Matt Pielsticker, Planner II) Review progress on
waterwheel installation and grant process / Memo only
d. Snowball Music Festival: Community Information Meeting Update (Meryl Jacobs, Recreation
Director) Proposed meeting agenda & letter promoters will send to park neighborhood residents /
Memo only
e. 2012 Potential New Event: Gran Fondo World Vail Valley (Danita Chirichillo, Special Events
Supervisor) Review status of the World Vail Valley cycling event / Memo only
UNFINISHED BUSINESS
a. Budget 2012 Retreat Follow -up — Economic Development Efforts
Mayor Carroll noted that some final decisions need to be made in light of the public hearing scheduled
for November 22, 2011. Scott Wright, ATM Finance, presented an update as to the status of the
economic development program that includes expenditures related to events. Based on some prior
council discussions, a wish list was reviewed (per the council packet memo). He noted them as
• Third Part Surveys and Return on Investment Analysis $20K
• Sports Events Coalition $15K
• MTRiPS $10K
✓ Contingency $5K
✓ Total $50K
The pending budget 2012 items included Airplanners and the transit system commitments. He spoke
about funding these items through the following sources:
✓ Abatement mill levy $30,042
✓ MTRiPS Reimbursements from lodges $8,580
✓ previously budgeted net expenditures from events $8K
✓ fund balance $3,378.
✓ Total $50K
After some discussion, it was decided to include the funding levels referenced above and Airplanners at
$6K. The transit service follow up discussion was presented by Jenny Strehler, Director PW &T with an
outline of what did not get funded with the failure of the ballot question. After some discussion, staff
was directed to continue working towards including the skier shuttle service not to exceed $75k. These
items would be reflected in the final budget; the public hearing on the budget was scheduled for
November 22, 2011.
NEW BUSINESS
a. 3rd Party Fleet Maintenance & Bus Parking Agreements (Dan Higgins, Fleet Manager)
Dan Higgins, Fleet Manager, presented the following agreements for council consideration noting that
no changes were made to the rates or arrangements with the agencies listed below. It was noted that
the revised charter now only requires four votes. Eagle River Fire Protection District
1. Beaver Creek Metropolitan District / Bus Department
2. Beaver Creek Metropolitan District / Public Works Department
3. Eagle County Ambulance District
4. Eagle River Water & Sanitation District
5. Town of Minturn
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6. Western Eagle County Ambulance District
7. Town of Redcliff
8. Greater Eagle Fire Protection District
9. Eagle County Hazmat Team
10. Vail Valley Foundation
11. Eagle County / ECO Transit
12. Eagle County/ ECO Parking Agreement
Councilor Evans moved to approve the above list of fleet service agreements with the agencies and the
parking agreement with ECO. Councilor Phillips seconded the motion and it passed unanimously by
those present (Ferraro absent).
b. Request from the Avon Planning and Zoning Commission to Initiate an Amendment Table 7.24 -1
Allowed Uses of the Avon Development Code (ADC) to Permit Day Care Uses as Special Review
Uses (SRU) in the Light Industrial & Commercial Zone District (IC) (Sally Vecchio, Assistant Town
Manager Community Development) Review request to revise zoning use in this area of town,
Metcalf Road
Mayor Carroll introduced the topic; Councilor Evans noted that he thought he should step down due to
a conflict of interest. Town Attorney Eric Heil indicated that his interpretation of the code did not
require him to step down. Councilor Evans noted that his company rented to the business owner. Sally
Vecchio, ATM ComDev, noted that PZC initiated the request that the town council consider a zoning
amendment for a use in the Light Industrial & Commercial Zone District that would allow permitted day
care uses as a special review use. There was some discussion about the topic, and a motion was made
by Councilor Goulding to move forward with the request. Councilor Reynolds seconded the motion and
it passed unanimously by those present (Ferraro absent).
ORDINANCES
a. Ordinance No. 11 -15, Series of 2011, First Reading, Ordinance Approving an Amendment to Buck
Creek Planned Unit Development to Permit Roof Overhangs within Setbacks and a Paved Path
within a 30' Riparian Buffer Zone For Lot 1A, Buck Creek Subdivision, Town of Avon, Colorado (Sally
Vecchio, Assistant Town Manager Community Development) Review request for amendments to
Buck Creek PUD
Matt Pielsticker, Planner II, presented Ordinance No. 11 -15, an amendment to the Buck Creek PUD to
allow the roof overhangs of the two approved building to encroach into the front and side setbacks of
Lot 1A. The amendment also includes a foot path within portions of the platted 30' Riparian Buffer
Zone. There was some concern about the roof overhangs meeting the Town's minimum overhang
requirements, as well as prohibiting encroachment over other recorded easements. Pedro Campos,
Zehren & Associates, was present to address the application. He noted that the request was really
about a cleanup of the PUD. There was some discussion about the need to include an evaluation of the
request within the findings & conditions of the approval, and then limiting the roof overhangs & the
encroachment.
Councilor Dantas moved to approve Ordinance No. 11 -15, Series of 2011, First Reading, Ordinance
Approving an Amendment to Buck Creek Planned Unit Development to Permit Roof Overhangs within
Setbacks and a Paved Path within a 30' Riparian Buffer Zone For Lot 1A, Buck Creek Subdivision, Town
of Avon, Colorado. Councilor Phillips seconded the motion and it failed with a tie vote ( Dantas, Phillips,
Reynolds —yea; Carroll, Evans, Goulding— nay; Ferraro absent).
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Councilor Carroll moved to approve Ordinance No. 11 -15, Series of 2011, First Reading, Ordinance
Approving an Amendment to Buck Creek Planned Unit Development to Permit Roof Overhangs within
Setbacks and a Paved Path within a 30' Riparian Buffer Zone For Lot 1A, Buck Creek Subdivision, Town
of Avon, Colorado limiting the roof overhang into the setback at 36 inches. Councilor Phillips seconded
the motion and it passed with a five to one vote (Goulding — nay). The public hearing on second
reading would occur on November 22, 2011.
There being no further business to come before the Council, the meeting adjourned at 8:45 pm.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
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