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TC Minutes 02-13-2007MINUTES OF THE REGULAR MEETING OF.THE AVON TOWN COUNCIL HELD FEBRUARY 13, 2007 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were- Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes,, and Tamra Nottingham Underwood. Rich Carroll was absent. Also present were Town Attorney John Dunn, ,Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public Works/Transit Director Bob Reed as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Councilor Underwood noted that the announcement of the Blue Ribbon Panel appointment would fall under New Business. Dunn noted there were no items on the agenda that would require disclosing ex parte contact. CITIZEN & COMMUNITY INPUT Patrick Hirn, Bob Doyle, Brian Houlihan & Andy Clark thanked the Town of Avon for its support of the Rocky Mountain Pond Hockey Tournament in January. Monies were raised for youth hockey and the group hopes to have a youth hockey weekend prior to the adult weekend event. The group indicated they are hopeful this event will become a wonderful signature event for Avon and will attract people nationwide. Jim Kelly, Eaglebend Drive resident, noted his recent citation issued-to him for his dog off the leash, he noted he was unaware of the law and requested that some type of signage be provided identifying that law in Avon. He also expressed his frustration with the atmosphere in which he was ticketed. RESOLUTIONS Larry Brooks, Town Manager, presented information that was discussed at the earlier work session related to Resolution No. 07-01, Series of 2007, Resolution to approve Amendment to Lease Agreement between Stone Creek Elementary, School and Town of Avon, Colorado. He detailed the proposed requests made by Stone Creek Elementary School Board Members and presented proposed revisions to the lease agreement, as follows: 1) term of lease, 2) restoration bond for the site, 3) tap fees, 4) reduce or eliminate rent rate on the land, and a review of other requested deliverables. It was noted that the land had been formerly used as a snow dumpsite for the Town. Currently a future site is being evaluated since Traer Creek has indicated a rate will be assessed based on the rate the town charges the school for leasing its land. And finally, he addressed the list of creditors that exist with regard to the construction of the project noting that documentation has been provided indicating that the Board has spoken with the creditors about the status of its financial situation. The following staff recommendations were made as follows (Councilor Carroll arrived at this time / 6 PM): • Extend the lease beyond one year, renewable on an annual basis, and only if the school was in good standing, solely at the discretion of the Stone Creek School Board and.up to three years, ■ Rent would be paid up front each. year ■ Reduce the restoration bond to $150K Agree to the payment of the water tap fee in the amount of $46K on the basis that the tap fee increases will exceed the monies the town would make on its investments. ■ Maintain the current rent amount at its current market rate John Dunn, Town Attorney, noted the revisions made to the agreement per the council's comments at the work session. It was also suggested that if any further development occurs on the site; the agreement must be amended again with revisions made to the security deposit. Mayor Wolfe asked for public input at this time and the following people spoke: Pat Donavon, school district representative for Avon & Eagle-Vail and Avon resident, asked for Council to make a fiscally responsible decision, noted his concerns about the list of liabilities and high student enrollment, projections. Karen Strakbein, Eagle County School District Business Manager, expressed concern about the process in which the land was leased, suggested a lease rate, made several comments regarding the school's financial statements, did not support changing the restoration bond amount in case the school cannot pay the creditors, and expressed her opinions about the role of the local governing body. Kevin Randall, Treasurer of Stone Creek Elementary School, addressed the Council and audience, talking about a number of topics as follows: ✓ His involvement in trying to get the financial information in order ✓ His effort to help provide a clear picture of the current financial situation ✓ The status, that the building insurance is paid and up to date ✓ There is a financial shortfall moving forward, an explanation of why the shortfall, and how the school hopes to meet that-shortfall through grant writing and fundraising ✓ Student enrollment projects and how those numbers were calculated ✓ Donations that have been made and how they are accounted for ✓ Communicated with all of the creditors, all who have been very understanding, payment plans have been agreed to ✓ Communicate with Eagle County School District on future planning topic Stephanie Novasad, parent & CPA with a business in Avon, noted her involvement in drafting the financial statements, her background is not in school accounting practices, but rather the format was used in order to help lenders evaluate their situation, she addressed the monies donated to the school and is updating these records weekly. Melissa Ruwold Thuon, Avon resident & Principal of Avon Elementary, asked Council to support her school in the same light of supporting Stone Creek School. She expressed the need to conduct some community outreach programs in Avon. Tony McCabe, resident of Avon and -attends Stone Creek, thanked the Town of Avon for its support and'believes the children are thriving on the core curriculum. Keith Brooks; Episcopal, minister, spoke about the idea of making good decisions for all the children in Eagle 'County, together between local government, charter schools, and Eagle County School District. Regular Council Meeting Page 2 of 5 February 13,2007 John Santaniello, Stone Creek Board member, provided an update on the role of his committee, to understand the facilities and plan for the expansion of the school. He noted his commitment to work with qualified individuals from the school to detail a transition strategy with alternatives. He noted his intent to work with Eagle County School District to understand the better school land planning: He agreed to submit quarterly reports to the council outlining the updates on their progress. Several Council concerns, comments and suggestions were raised at this time as follows: ➢ Requested a three year plan be developed that includes removal costs of the school; it was noted that that plan would be incorporated as lenders are also requesting the same information - ➢ Requested the school 'request the mechanic's lien waiver at that time they work with creditors; it was noted that requirement is currently happening ➢ Student enrollment numbers were reviewed by the board members ➢ Some members agreed that supporting the school would be in order in light of the fact that the town is not currently utilizing the site & the business points are valid, i.e. early tap fee payment, market rent rate ➢ All agencies should try to work together for encouraging the best schools in the county; encouraged by all the parental involvement shown at the meeting ➢ Requested that a condition include a current site plan with current building locations be used as Exhibit A to the lease agreement Councilor Underwood moved to approve Resolution No. 07-01, Series of 2007, Resolution to approve Amendment to Lease Agreement between Stone Creek Elementary School and Town of Avon, Colorado, Colorado per the revised lease agreement document distributed by the Town Attorney, on the condition that two changes be made to the following: 1. body of lease will include a new "Exhibit A" which describes the premises and is current with- what is on the property today 2. 3rd whereas clause of resolution revised to read: "WHEREAS, it has been demonstrated to the satisfaction of the Town Council that the financial circumstances of Stone Creek Elementary require a reduction in the amount and changes to the security deposit previously known as the site restoration bond, an extension of the term of the Lease and certain other amendments" Mayor Pro Tern Sipes seconded the motion and it passed unanimously. COMMUNITY DEVELOPMENT UPDATE ON TOWN CENTER WEST Eric Heidemann, Community Development Director, presented an update on the status of construction for the Gate Projects, noting that the project will not be meeting its construction deadline date. It was asked that the developer be required to submit the appropriate materials addressing this problem in a timely fashion to the Town for staff and then council review. He also presented an update on a public meeting scheduled for Thursday February 15th 2007 addressing design guidelines for main street, urban renewal plans and marketing, and on Friday, February 16t , meetings with stakeholders/property owners of that area. Matrix Design Group, Design Workshop representatives would be at the meeting. Norm Wood, Town Engineer, presented Resolution No. 07-02, Series of 2007, Resolution approving Agreement between the County of Eagle, State of Colorado and the Town of Avon related to McGrady Acres PUD and Nottingham Cottages PUD Agreement. It was noted that Regular Council Meeting Page 3 of 5 February 13, 2007 the agreement is between governments that stipulates how the Town and Eagle County treat Tract B as part of the Nottingham Cottages PUD. After discussion, it was suggested to table the resolution because of too many unanswered questions regarding the project, as follows: ➢ Was Avon part of the interested parties asked to submit= its comments on the PUD as an adjacent property owner or governmental agency? ➢ What does the PUD allow for, need to see the details of the PUD ➢ Why is the lot line being moved ➢ Requested representative from Eagle County to be present to answer the questions. ➢ What was the original PUD & what were the original terms & conditions and how did the application come about ➢ What is going on for development in the surrounding area ➢ Who are the owners or who represents the owners Councilor Underwood requested tabling Resolution No. 07-02, Resolution approving Agreement between the County of Eagle, State of Colorado and the Town of Avon related to McGrady Acres PUD and Nottingham Cottages PUD Agreement and requested further information on the PUD as identified above. Mayor Pro Tern Sipes seconded the motion and it passed unanimously. Norm l Wood, Town Engineer, presented Resolution -No. 07-03, Series of 2007, Resolution authorizing Filling of Statement in Opposition to Water Rights Application 06CW264 Filed with the Water Court for Water Division 5. Wood noted that action on the resolution would allow the Town to file a statement of opposition in the water rights application filed by the Ginn Development Co., it was also noted that the filing is not necessarily hostile to the applicant but. affords Avon an opportunity to remain informed about the progress of the case and have a place at the negotiations among Ginn and any objectors. Councilor Underwood moved to approve Resolution No. 07-03; Mayor Pro Tem Sipes seconded the motion and it passed unanimously. ORDINANCES John Dunn, Town Attorney, presented Ordinance No. 07-01, Series of 2007, Ordinance amending Chapter 8.24 of the Municipal Code of the Town of Avon relating to Public Nuisances. Dunn noted that theses revisions to the code are related to nuisances on private property and provides for further recourse on this action. Currently if a property owner refuses to pay, the only recourse is to file suit in state court to collect the amount owing or to charge the property owner in Municipal Court for violating the ordinance - both actions have an expense. This legislation provides for an alternative, allowing the Town to record a notice of lien. There was overall support and a motion was made by Mayor Pro Tem Sipes to approve Ordinance No. 07- 01, Series of 2007, Ordinance amending Chapter 8.24 of the Municipal Code of the Town of Avon relating to Public Nuisances. Councilor Carroll seconded the motion and it passed unanimously. Brian Kozak, Police Chief, presented Ordinance No. 07-02, Series of 2007, Ordinance Amending Chapter 6.04 of the Municipal Code of the Town of Avon relating to licensing and vaccinations of Dogs & Cats. Chief Kozak presented some information about calls for service in Avon as follows: 313 animal control calls all over the town for dogs being loose, 8% resulted in citations; 59% resulted in other solutions; 30% were unable to be resolved. It was asked how many of the calls were actual complaints or written from patrol; he did note that most of the citations written were issued in the park. He reviewed recommendations, which were outlined in the council packet memo. Several ideas were discussed related to voice control, dog training & Regular Council Meeting Page 4 of 5 February 13, 2007 certification,, common property, enforcement in the park, and public education. It was noted that the public comment at the last meeting was fairly split between changing vs. not changing the aspects of the ordinance. Council asked that Police Chief Kozak-provide for an enforcement policy with regard to animal control as related to various areas in Avon based on input from residents. An outline on how officers might approach animal control situations with more discretion was preferred. Mayor Pro Tem Sipes moved to approve Ordinance No. 07-02, Series of 2007, Ordinance Amending Chapter 6.04 of the Municipal Code of the Town of Avon relating to licensing and vaccinations of Dogs & Cats. Councilor Phillips seconded the motion and it passed unanimously. A public hearing was scheduled for February 27tH NEW BUSINESS Councilor Underwood noted that Council discussed earlier at the work session and agreed as a group to appoint Mayor Wolfe to "the Blue Ribbon Panel, a group formed to address regional housing matters. TOWN MANAGER REPORT Larry Brooks, Town Manager, reported that the Communication Audit would be presented at the next meeting in February. It was noted that Steve Coffin would present results & recommendation from the many interviews conducted by his consulting firm of GBSM. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood asked why the parks master plan was delayed until 2008 and the public works master plan is in the pipeline. It was noted that the parks plan was in the pipeline as well. Councilor Underwood moved to adopt the consent agenda; Councilor Phillips seconded the motion and it passed unanimously. 1. Minutes from January 23, 2007 2. Richmond, Sprouse & Murphy, LLC - Engagement Letter for services rendered in the Representation of the Town of Avon in the prosecution of Liquor License Violations 3. Public Works Facility Needs Assessment / Master Plan Services proposal dated February 2, 2007 by Maintenance Design Group, LLC 4. Service Agreement with the Town of Redcliff Service Agreement with Eagle River Water & Sanitation District There being no further business to come before the Council, the regular meeting adjourned at 8:20 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwoo Ron Wolfe Regular Council Meeting Page 5 of 5 February 13, 2e9B ~,Qp" I .