TC Minutes 05-12-2009MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY 12, 2009
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 5:35 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds
and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Director Administrative Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town
Manager Community Development Eric Heidemann, Scott Wright Finance Assistant Town
Manager, Lieutenant Greg Daly and Public Works and Transportation Director Jenny Strehler as
well as members of the public.
INQUIRE OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
Mayor Wolfe noted that several items from the work session would be addressed during
"Unfinished Business" at the regular meeting as follows:
a. Open Space Advisory Committee Update (Ron Wolfe, Mayor)
b. Housing Committee Update (Ron Wolfe, Mayor)
c. Town Hall Front Office Remodel Update and construction contract with the Mark Young
Construction, Inc. (pulled from the consent agenda)
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Councilor Ferraro moved to approve
the consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
a. Minutes from April 28, 2009
RESOLUTIONS
Matt Pielsticker, Planner II, presented Resolution No. 09 -16, Series of 2009, Resolution
Formally Designating the Nottingham Blacksmith Shop as a Historic and Culturally Significant
Structure, Pursuant to the Provisions of Chapter 17.50 of the Avon Municipal Code, Town of
Avon, County of Eagle, State of Colorado, and Setting Forth Details in Regard Thereto. He
reviewed the recommendation by the Avon Historic Preservation Committee to name the
Nottingham Blacksmith Shop as a historic structure. It was noted that the current property
owner would like the structure moved within 60 days of them selling their property. Kent Krane,
attorney representing Kathleen Doll, commented on the proposal before council. Mr. Krane
requested that several conditions be met if this moves forward as outlined in the letter submitted
by Mr. Daniel C. Doherty as follows:
✓ TOA shall remove the shop from the property at no cost to the trust
✓ Shop shall not be removed from property until property is sold by trust
✓ TOA shall permit the trust to avail itself to all available local property tax credit
It was noted that the Committee's desire was to keep the structure within the town limits. After
some discussion and some concern expressed by some council members, the town attorney
suggested that further details about the conditions be negotiated with the owners prior to
approving the resolution. Town Manager Larry Brooks asked that the town needs to decide if it
wants to preserve the building first. Councilor Carroll moved to table the resolution until the May
26, 2009 meeting; Councilor Ferraro seconded the motion and it passed unanimously.
RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
PUBLIC HEARING ON RED HOUSING ANNEXATION PROJECT CONTINUED FROM APRIL 14, 2009
MEETING:
Eric Heidemann noted that Resolution No. 09 -14 would be considered after approving the other
agenda items, PUD Amendment & Annexation Ordinance. Town Manager Larry Brooks noted
that the Red House Annexation & PUD project have been before the council for some time. He
spoke about processes and presentations that would be improved upon at this meeting in order
to create a better understanding of the more complicated zoning applications in general.
a. Resolution No. 09 -14, Series of 2009, Resolution to make specific amendments to the
2006 Town of Avon Comprehensive Plan and Setting Forth Details in Regard Thereto
Comp Plan Amendment addressing Red House annexation development project
b. Ordinance No. 09 -06, Series of 2009, First Reading, Ordinance Annexing the Red
House Property (Eric Heidemann, Assistant Town Manager, Community Development) The
applicant and property owner, the Vail Corporation, represented by Rick Pylman of Pylman and
Associates, is proposing an annexation of approximately 1.131 acres of land known as the "Red
House" site, located on the northeast corner of Avon Road and Highway 6
c. Ordinance No. 09 -07, Series of 2009, First Reading, Ordinance Approving The Planned
Unit Development (PUD) Application, The Preliminary Plan for Subdivision, and
Annexation and Development Agreement for the "Red House Lots 1 and 2 (Eric
Heidemann, Assistant Town Manager, Community Development) The applicant and property
owner, the Vail Corporation, represented by Rick Pylman of Pylman and Associates, is proposing
a new Planned Unit Development (PUD) and Preliminary Plan for Subdivision, for a development
site currently located in unincorporated Eagle County zoned Commercial Limited (CL) under the
County's zoning regulations. The proposal calls for fifteen (15) townhomes with associated
private and public amenities on a development site comprised of 1.131 acres. This application is
being consider concurrent with an annexation petition for the "Red House" site into the Town of
Avon / Property Location: Lots 1 -2, Red House Exemption Plat / 38361 Highway 6 / Applicant:
Rick Pylman, Pylman and Associates / Owner: Vail Corporation
Mr. Heidemann commented on how the legislation addressed the project and who would be
responsible for answering questions on which documents. Rick Pyleman, representing the
applicant as planner, presented the Lot 2 Riverside Subdivision application along with Brandt
Marott, Senior Project Manager for Vail Resorts. After some general comments about the
project, more specifically the Height, building Cross Sections, etc. Mayor Wolfe opened the
public hearing, there were no comments made and the hearing was closed. Council comments
were made on some of the following topics:
✓ Vested rights
✓ Water rights
✓ Housing
✓ Indemnification
✓ River Tract Dedication
✓ The inclusion of the gates with numerous pros and cons outlined. Consensus was that
the gates were acceptable.
✓ Snowmelt design on the driveways; prefers language that includes a measurement or
standard on the impacts
✓ Various revisions to both the development agreement & the PUD Amendment per
Councilor Ferraro
Glen Porzack representing ERWSD was present to explain the water rights language in the
agreement and Gary Brooks, Alpine Engineering answer some questions as well. There was
some discussion about other related topics of the project:
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Councilor Ferraro moved to approve Resolution No. 09 -14, Series of 2009, Resolution to make
specific amendments to the 2006 Town of Avon Comprehensive Plan and Setting Forth Details
in Regard Thereto Comp Plan Amendment addressing Red House annexation development
project. Councilor Phillips seconded the motion and it passed unanimously.
Councilor Ferraro moved to approve Ordinance No. 09 -06, Series of 2009, First Reading,
Ordinance Annexing the Red House Property. Mayor Pro Tern Sipes seconded the motion and
it passed unanimously.
Councilor Ferraro moved to approve Ordinance No. 09 -07, Series of 2009, First Reading,
Ordinance Approving The Planned Unit Development (PUD) Application, The Preliminary Plan
for Subdivision, and Annexation and Development Agreement for the "Red House Lots 1 and 2
with findings & conditions as listed by Town Attorney Eric Heil as follows:
1. 6.1 Current economic conditions
2. 4.7 Housing option to cash out to predetermined or deed restriction improved upon
3. Riveredge path not at 5 feet / include a criteria as to what will be built
4. 6.1 Water infrastructure conveyed to water district not to town
5. 1.31. / 4.4c/ 5.1 b / PUD Development plan revisions / All kristi's changes to annexation &
development agreement / easement agreement
6. Change to vesting language
7. the need for measurable standards for snowmelt- 4%
Mayor Pro Tern Sipes seconded the motion and it passed unanimously.
Mayor Pro Tern Sipes stepped down at this time due to a conflict of interest. Eric Heidemann,
Assistant Town Manager, Community Development, presented Ordinance No. 09 -08, Series of
2009, Second Reading, Ordinance Approving The Planned Unit Development (PUD) Application
For The Buck Creek PUD, Lots 1, 2, 3, & 4, Wildwood Resort, Town Of Avon, Eagle County,
Colorado, And Setting Forth Details In Regard Thereto as a proposal to allow for new land uses,
including but not limited to: fire station hub with separate administration building, 42 single -
family, duplex, or triplex units, a Montessori school with office space, and natural science school
campus with employee housing. He noted that the applicant requested a continuance of the
Public Hearing to June a3 2009. Councilor Reynolds moved to continue the public hearing to
June a3, 2009 for Ordinance No. 09 -08, Series of 2009, Second Reading, Ordinance Approving
The Planned Unit Development (PUD) Application For The Buck Creek PUD, Lots 1, 2, 3, & 4,
Wildwood Resort, Town Of Avon, Eagle County, Colorado, And Setting Forth Details In Regard
Thereto. Councilor Ferrari seconded the motion and it passed unanimously by those present.
Eric Heidemann, Assistant Town Manager, Community Development, presented Ordinance No.
09 -09, Series of 2009, Second Reading, Ordinance Declaring Glare, Light Pollution, Light
Trespass, And Waste Light A Public Nuisance, And Amending Chapter 8.24 Of The Avon
Municipal Code. Mr. Heidemann noted that the legislation addresses amendment which
declares waste light a public nuisance by adopting a new Section 8.24.115 to Chapter 8.24 of
the Code. The purpose of the text is to promote and protect the natural night sky as a valuable
community resource. Mayor Wolfe opened the public hearing, no comments were made, the
hearing was closed. Councilor Carroll moved to approve Ordinance No. 09 -09, Series of 2009,
Second Reading, Ordinance Declaring Glare, Light Pollution, Light Trespass, And Waste Light
A Public Nuisance, And Amending Chapter 8.24 Of The Avon Municipal Code. Mayor Pro Tern
Sipes seconded the motion and it passed unanimously by those present.
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NEw BUSINESS
Eric Heidemann, Assistant Town Manager Community Development, noted that the Town
Council interviewed five new applicants for the Planning & Zoning Commission at the earlier
work session. He noted that the appointments are required for three open positions which
expire May 1, 2009. Mayor Wolfe noted that both current members Chris Evans and Chris
Green would be given an opportunity to address the Council with regard to the appointments.
Chris Evans read comments into the record related to his tenure as a P &Z commission member
and addressed the comments made to him in the last 24 hours related to his handling of some
recent items submitted by the historic preservation committee. He also asked that he be able to
continue to serve the council and the town in this capacity and also asked that Chris Green be
appointed as well. Some questions were asked of him regarding the length of time he has
spent on the commission. Chris Green addressed the council with regard to his qualifications
for this position. Todd Goulding was present to express his support of both Chris Green and
Chris Evans. Town Council comments were made at this time. Ballots were provided for the
vote, and read publicly. Ballots resulted in the most votes going to Paul Anderson & Leslie
Roubos. There was a tie for the third seat between Chris Green & Chris Evans. At this time
Chris Evans politely asked Council to appoint Chris Green in light of the discussion. There was
some further discussion and Chris Green filled the third vacancy.
UNFINISHED BUSINESS
The first two items were postponed to the next council meeting on May 26tH
a. Open Space Advisory Committee Update (Ron Wolfe, Mayor)
b. Housing Committee Update (Ron Wolfe, Mayor)
Justin Hildreth, Town Engineer, presented the plans for the Town Hall Front Office Remodel
noting the action would be need on the Mark Young Construction, Inc. contract in order to
complete the interior office remodel work for the Avon Town Hall. Councilor Phillips moved to
approve the contract for Mark Young Construction, Inc. with the plans, costs & timeline for front
office remodel scheduled for May. Councilor Ferraro seconded the motion and it passed
unanimously.
There being no further business to come before the Council, the regular meeting adjourned at
10:35 PM
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reyn(
Brian Sipes
Ron Wolfe
RESPECTFULLY SUBMITTED:
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