TC Minutes 08-08-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD AUGUST 8, 2006
A regular meeting of the Town of Avon, Colorado was held at the Wildridge Fire Station, 2120
Saddle Ridge Loop, Avon, Colorado.
Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council
members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes,
and Tamra Nottingham Underwood. 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, Brian Kozak, Police Chief,
and Acting Community Development Director Eric Heidemann, 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. It was asked that consent agenda items be discussed separately before action
is taken. -
CITIZEN INPUT
The following people spoke in support of the Whitewater Park in Avon: Ellen Casey, Shawn
Glacken, Randall Stone, Jon Sterrett, Mark Schwartz, Kevin Sloan.' Some comments were
made regarding the design of the project by Jason Carey, River Restoration.org, who has been
working alongside Norm Wood, Town Engineer. Mayor Wolfe credited Councilor Sipes with
bringing this vision to the table. Comments were made regarding the need for an Eagle River
Master Plan that would identify all recreational opportunities on the river for all residents and
visitors, in conjunction with identifying how to preserve the beauty and habitat of the river.
Becky Kaiser, Wildridge resident, spoke about the desire or need to have a more attractive
entrance to Wildridge, with some landscaping and or signage. Comments included suggestions
about gathering an interested neighborhood group to support the idea and then the possibility of
partnering with the town to implement the project. Some comments were made about the role
of homeowners associations in projects of this kind.
ORDINANCES
Brian Kozak, Police Chief, presented Ordinance No. 06-14, Second Reading, Ordinance
Amending Title 9 Of Avon Municipal Code Relating To Possession Of Liquors By Underage
Person. He noted that the proposed revisions to legislation addresses enforcement issues and
provides Avon with a better-aligned law with State Statutes. Mayor Wolfe opened the public
hearing, no comments were made, the hearing was closed. Councilor Buckley moved to
approve Ordinance No. 06-14, Amending Title 9 Of Avon Municipal Code Relating To
Possession Of Liquors By Underage Person. Councilor Sipes seconded the motion and it
passed unanimously.
John Dunn, Town Attorney, presented Ordinance No. 06-15, Series Of 2006, First Reading,
Ordinance Amending Chapter 8.32,Title 8, Avon Municipal Code, Relating To The Protection Of
Wildlife And Providing Penalties For The Violation Hereof. He noted that the revision to the
ordinance would eliminate the warning procedure and related citation for a first violation.
Discussion ensued about the need to bring this topic to a countywide discussion, the need to
get the trash vendors involved so that appropriate containers could be offered to homeowners, .
and identify appropriate educational efforts for new & existing residents and businesses. Some
discussion ensued on the amount of the fine. Mayor Wolfe offered to contact the County
Commissioners to ask for their participation. Mayor- Underwood moved to approve Ordinance
No. 06-15, Series Of 2006, First Reading, Ordinance Amending Chapter 8.32,Title 8, Avon
Municipal Code, Relating To The Protection Of Wildlife And Providing Penalties For, The
Violation Hereof with a first violation fine to be set between $1 and $250. Councilor Buckley
seconded the motion and it passed unanimously.
RESOLUTIONS
Norm Wood, Town Engineer, presented Resolution No. 06-34, Series of 2006,. Resolution to
Amend the 2006 Town of Avon Capital Projects Fund Budget, the Deeds of Easements and the
construction contract to Ted Seipel Construction. He noted that the resolution provides for
revisions to the CIP budget for the Eagle River Recreation Enhancement Project and related
RICD Water Rights acquisition; he reviewed the budget revisions in detail noting the increases
to expenditures. He also reviewed the bid process that was conducted for the construction of
the Eagle River Recreation Enhancement Project, noting that only one bid was received. He
explained what had transpired since then with both parties meeting to try to reconcile some of
the work and costs. It was noted the bid was non-conforming to the contract bid documents and
far exceeded the engineer's estimate. At this time, Ted Seipel, owner of the company, spoke
about his company and noted that he was ready to proceed with the project and that the
tirdelirie,wos very tight. Jason Carey, Riverrestoration.org, commented on the project and noted
that construction costs are only slated to increase next year. Several questions were asked
about the. following topics: 1) comments about the project from the Division of Wildlife, 2) access
to the project, 3) terms of easements, 4) the red house easement, and 5) contents of an
operating agreement with VRI. Discussion ensued at length on these topics. Councilor Ferraro
moved to approve Resolution No. 06-34, Resolution to Amend the 2006 Town of Avon Capital
Projects Fund Budget. Councilor Sipes seconded the motion and it passed unanimously.
credited Norm Wood with high accolades and responsible for the success of the project thus far.
Gerry Flynn, Polar Star Properties, Jack Gardner, Hogan & Hartson, and Bryon Farnsworth,
Sherman & Howard, presented Resolution No. 06-35, Series of 2006, Resolution approving the
Issuance by Eaglebend Affordable Housing Corporation of Multifamily Housing Project Revenue
Refunding Bonds, Series 2006, in an Aggregate Principal Amount not to exceed $18,655,000;
Authorizing an Amended and Restated Project Agreement; and Authorizing Incidental Action.
Mr. Flynn noted that the Eaglebend Affordable` Housing Corporation is pursuing an advance
refunding of its Series 1997 Bonds that are callable in July 2007. It was noted that the Town of
Avon was asked to formally approve the financing by adopting the resolution approving the
issuance of the 2006 bonds and reconfirming the terms of the existing Project Agreement, which
was amended to incorporate the series 2006 bonds. The Town is not exposed to any debt
obligations with this refunding. Discussion ensued on the documents, which included the
resolution, the indenture document, and the Second and, Amended Restated Project
Agreement, specifically the condition of the project related to when title is transferred to the
Town and arrangement with property management company upon transfer of title. Councilor
Ferraro moved to approve Resolution No. 06-35, Series of 2006, Resolution approving the
Issuance by Eaglebend Affordable Housing Corporation of Multifamily Housing Project Revenue
Refunding Bonds, Series 2006, in an Aggregate Principal Amount not to exceed $18,655,000;
Authorizing an Amended and Restated Project Agreement; and Authorizing Incidental Action.
Councilor McDevitt seconded the motion and it passed unanimously. Discussion ensued about
Avon's wildlife ordinance and what the property has done to implement the bear ordinance
requirements, bear resistant trashcans, etc. All agreed the management company should
become part of the countywide discussion.
Regular Council Meeting Page 2 of 3
August 8, 2006
Town Manager Report
Larry- Brooks, 'Town Manager, referenced Community Development Director Tambi Katieb's
letter of resignation. The Council thanked him for his commitment to the Town and expressed
appreciation for his work.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda below; some comments were made
regarding the transit center design to include options for the snowmelt system. Mayor P,ro Tern
Underwood moved-to adopt the consent agenda; Councilor Sipes seconded the motion and
each item it passed unanimously.
a.' Minutes-.from July 11, 2006 Meeting
b. Eagle River Recreation Enhancement Project - Award Construction Contract to Ted
Seipel Construction, Inc.
c. Deed of Easement and Easement Agreements to Eagle 'River Recreation
Enhancements Project
d. Site Resource Management, Inc. Change Order No. 2
e. 2006 Street Improvements Elam Construction, Inc. Change Order No. 2
f. Design Workshop - Additional Design Services for Avon Transportation Center
There being no further business to come before the Council, the regular meeting adjourned -at
7:30 PM.
APPROVED:
Debbie Buckley
Knsti Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwoc
Ron Wolfe
RESPECTFULLY SUBMITTED:
Pip n C-~
Patty M e y, To erk
Regular Council Meeting Page 3 of 3
August 8, 2006