TC Minutes 06-13-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JUNE 13. 2006
A regular meeting of the Town of Avon, Colorado was held at 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 Debbie Buckley, Mac McDevitt, Amy Phillips, Brian Sipes, and Tarimra
Nottingham Underwood. Kristi Ferraro was absent. Also present were Town Attorney John
Dunn, Town Manager Larry Brooks, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty
McKenny, Town Engineer Norm Wood, Public Works/Transit Director Bob Reed and
Community Development Director Tambi Katieb, Finance Director Scott Wright, as well as
members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
There were no agenda items that would require a disclosure of a conflict of interest or exparte
communication.
CITIZEN AND COMMUNITY INPUT
Sara Will with Access Vail Valley introduced a new non-profit organization dedicated to
supporting and expanding recreation activities for those people with disabilities. Their group
would like to work with community development groups to create recreation venues for those
with disabilities. She noted certain trails that do not accommodate biking for disabilities.
Bob Reed, Public Works Director, and Pastor Matny SP of the New Life Assembly of God
Church informed Council that a group from the church would be performing some community
service work for the Town, i.e. maintaining Nottingham Road. Council supported the group's
effort. Some discussion ensued about the "adopt a trails program" that exist within the ECO
trails system.
POLICE. DEPARTMENT AWARDS
Brian Kozak, Police Chief, presented lifesaving Purple Heart awards to Officer Matt
Westenfelder and Officer Jeremy Arndt for their efforts in public safety.
ORDINANCES
John Dunn, Town Attorney presented Ordinance No. 06-09, Series Of 2006, Second Reading,
An Ordinance Amending Chapter 17.14, Title 17, Avon Municipal Code, Relating To Vested
Property Rights. He noted that these proposed amendments are to the vested property rights
chapter of the Code. He reviewed a change made to the ordinance related to the date of
implementation of the legislation as well as the two changes made from the last reading at
which time the ordinance was tabled - changes in Section 6. And it was noted the
recommendation to provide for a single phase & multi-phase plan; discussion ensued on this
topic. Mayor Wolfe opened the public hearing. Inga Causey, Traer Creek RP, LLC addressed
Council in opposition of the ordinance in that it violates case law and endangers developers
ability to borrow. No,other comments were made and the hearing was closed. Trying to
standardized methods for the process of obtaining a PUD and that should not run into
perpetuity.
Mayor Pro Tern Underwood moved to table Ordinance No. 06-09, Series Of 2006, on second
reading, An Ordinance Amending Chapter 17.14, Title 17, Avon Municipal Code, Relating To
Vested Property Rights with proposed changes discussed as follows: Section 4b include June
1, 2006, delete 4c, and add language regarding multiphase projects. Councilor Sipes seconded
the motion and it passed with a three to two vote (Ferraro absent).
John Dunn, Town Attorney, presented Ordinance 06-11, Series Of 2006, Second Reading, An
Ordinance Amending Title 8 of the Municipal Code of the Town of Avon Relating To Public
Nuisances. He noted that this legislation addressed nuisance amendments related to
storage/parking of railroad cards. Enforcement issues were discussed related to this legislation.
Dunn noted that research was conducted regarding this topic reviewing CML materials and
other community's legislation as well as case law. Mayor Wolfe opened the public hearing.
Peter Buckley, resident, did not support the legislation and notes that the town's position with
Union Pacific is already strained; he asked the council to reconsider not passing this ordinance.
Further discussion ensued about whether or not it is a nuisance and who has jurisdiction of the
right of way.
Mayor Pro Tern Underwood moved to approve Ordinance No. 06-11, second reading, an
Ordinance Amending Title 8 of the Municipal Code of the Town of Avon Relating To Public
Nuisances. Councilor Sipes seconded the motion and it passed unanimously by those
members present.
Scott Wright, Finance Director, presented Ordinance 06-12, First Reading, An Ordinance
Amending Title 3 of the Municipal Code of the Town of Avon relating to Interest Charged on
Past Due Accounts owing to the Town of Avon. He noted that this would allow the town to
include a finance charge for all past due and unpaid accounts for services, fees or charges of
any kind owed to the town. It was suggested to language related to the timing of accruing the
charges. Councilor Sipes moved to approved on first reading Ordinance No. 06-12, Amending
Title 3 of the Municipal Code of the Town of Avon relating to Interest Charged on Past Due
Accounts owing to the Town of Avon with the change to the language to state that interest
would be imposed 30 days after the date of the invoice. Mayor Pro Tern Underwood seconded
the motion and it passed unanimously by those members present (Ferraro absent). Public
Hearing was scheduled for June 27, 2006.
RESOLUTIONS
Town Attorney John Dunn presented Resolution 06-30, Series of 2006, A Resolution Approving
an Agreement between the Town of Avon and the Stone Creek Elementary Charter School for
Temporary Use of Town-Owned Property located at Lot 5, Village at Avon Subdivision. Dunn
reviewed the agreement at this time, noting some of the following specifics:
■ A lease with Stone Creek Elementary Charter school to use Lot 5 for a temporary school
facility (currently the Town's public works site)
■ Lease was modeled after the lease between Eagle County & Town of Vail for Red
Sandstone Elementary School
■ One year lease with Stone Creek & commensurate with that for the license agreement with
Traer Creek
■ Resolution approving the lease is contingent upon approval of agreement between Town &
Traer Creek for an alternative public works site
Mayor Wolfe allowed for citizen input at this time at the following people spoke:
✓ Melinda Glatitsch, Eagle County School District, addressed diversity requirements of
Charters
✓ John Brendza, Superintendent of Eagle County School District, addressed the quality of the
schools
✓ Brian Nolan, Eagle County Charter School President, presented information related to
Hispanics and their school's inability to recruit diversity
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June 13, 2006
✓ Melissa Rewold Thuon, Avon Elementary school Principal, expressed concern over the
charter school opening in Avon and the impacts on AES
✓ Marcy Donovan, Avon resident, supported AES
✓ Ann Him, Avon resident, noted that AES does not support the town's leasing of the land to
the new charter school
✓ Karen Strakbein, Eagle County School District, shared that the school district leases land
through a public process
✓ Jim Pike, Stone Creek Charter School Board member, supported the proposal for the lease
✓ Bill Hammer, Pres Stone Creek Charter School, addressed numerous topics
Comments from council were made at time with some of the following points made:
✓ Is it a school of choice issue
✓ the question is a land use decision and should not change the land use of the land unless a
huge public benefit to the citizens of avon
✓ it should be only a temporary use of the site
✓ when will it be know if there is a public benefit
✓ don't renew school lease unless it achieves some diversity goals, the lease should only be a
maximum of one year
✓ the lease amount is not at a fair market value
✓ adjust restoration fee amount; make sure it is close to the cost of removing the building
✓ Discussion ensued over details of the license agreement and fair market value and Council
agreed to a $21,200 lease amount.
Council members made final comments, Councilor Ferraro's written comments were reviewed
and a motion was made. Councilor Sipes moved to approve Resolution 06-30, Series of 2006,
A Resolution Approving an Agreement between the Town of Avon and the Stone Creek
Elementary Charter School (for Temporary Use of Town-Owned Property located at Lot 5,
Village at Avon Subdivision) with the changes noted, change to the term of lease to indicate that
it is not subject to renewal, rent is $21,200 which reflects $19,200 fair market value plus $2000
site work; with $5000 due upon signing of lease and the remainder amount due October 06.
Mayor Wolfe seconded the motion and it passed with a three to two vote (Phillips, Sipes,
McDevitt - yea; Buckley, Underwood - nay; Ferraro absent).
John Dunn, Town Attorney, presented Resolution 06-29, Series of 2006, A Resolution
Approving a License Agreement between the Town of Avon and the Traer Creek RP, LLC. This
resolution would allow for a Temporary Alternate Public Works Site. He reviewed the revised
agreement that was distributed at the meeting noting that numerous revisions have taken place
in the agreement that proposes to enter into a license agreement to provide the Town with an
alternative public works site during the term of the school lease. Details were reviewed at this
time. Inga Causey, legal counsel for Traer Creek RP, LLC, reviewed the document and agreed
to numerous suggestions made by Council, including access to the property. Further revisions
were discussed as recommended by Mayor Pro Tern Underwood, including a change in the
document from a license agreement to a lease agreement, and numerous other suggested
revisions.
Councilor Phillips moved to table Resolution No. 06-29, Resolution approving a License
Agreement between the Town of Avon and the Traer Creek RP, LLC until the suggested
changes are incorporated into the document. Councilor Sipes seconded the motion and it
passed unanimously.
Norman Wood, Town Engineer asked that Resolution 06-28, Series of 2006, A Resolution
Approving a Ditch Maintenance Agreement with Traer Creek be tabled at this time. He noted
that language in the agreement would be revised; the Town's water attorney, Gary Greer, was
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June 13, 2006
currently reviewing it. Underwood asked what statutes exist that addresses sharing of ditches.
Councilor Buckley moved to table this resolution; Councilor Sipes seconded the motion and it
passed unanimously by those present (Ferraro absent).
John Dunn, Town Attorney, presented Resolution 06-27, Series of 2006, A Resolution
Approving an Order of the Town Manager Pursuant to Section 9.04.130, Avon Municipal Code,
Prohibiting Dogs on Town Property Where Signs have been posted to that Effect. Discussion
ensued on the enforcement aspect of the resolution. Councilor Buckley noted that she did not
support the legislation because there are already rules on the books to enforce that would
address the problem. Mayor Pro Tern Underwood moved to approve Resolution No 06-27;
Councilor McDevitt seconded and the motion passed with a four to one vote (Buckley nay;
Ferraro absent).
STAFF UPDATES
Norman Wood, Town Engineer, presented the following updates:
➢ Revised 1-70 Interchange Signs and Avon Next Two Exits Signs Installation Update. He
noted that new signs would be installed on 1-70 to replace the existing William Post Blvd.
signs and new Town Logo signs would be installed once the designs are finalized.
➢ RICD Application Update - he noted that the hearing with CWCB would be October or
November, engineering reports should be completed the end of June. The current
outstanding issues seems to be the acquisition of easements from Vail Resorts required for
construction and access to the facilities.
➢ Eagle River Recreation Enhancement Project Update - he noted that River Restoration.Org
has submitted project plans and is asking for input from the Town at this time.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Buckley moved to
adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously.
a) Housing Needs Assessment Proposal submitted by RRC Associates for completing a
housing needs assessment and housing program analysis
b) East Town Center Charrette Proposal from Design Workshop for a design charrette with
the goal of creating a supported Concept Master Plan for East Avon
c) Swift Gulch Road Bike Path Change Order No. 1 for Utility Relocations during
Construction
There being no further business to come before the Council, the regular meeting adjourned at
10:30 PM.
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
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June 13, 2006