TC Minutes 06-12-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JUNE 12, 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 Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and
Tamra Nottingham Underwood. Also present were Town Attorney John Dunn,- Town Manager
Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Norm Wood,
Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann,
Public Works/Transit Director Jenny Strehler, and Community Relations Officer Becky Lawlor as
well as members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
There were no changes to the agenda or items on the agenda that would require disclosure of
conflict of interest.
CITIZEN AND COMMUNITY INPUT
Jill Kovacevich, Drs. On, Call Business Owner, introduced herself as very interested in providing
input and submitted correspondence related to the Town Plan District 2 impacts. She noted
there will be numerous businesses replaced throughout the redevelopment process of east
Avon and expressed interest in knowing if there would be any assistance to those who are in
that category. She requested that medical services be included as part of the required services
included redevelopment plans. She also expressed the desire to remain an Avon business and
asked that the Town Council proceed with awareness that current business owners will be
displaced and maybe their could be some type of
Brian Judge, Orion Development, commented that there were 47 tenants on the 3 properties he
owns and wishes to redevelop, and letters have been sent to the owners.
State Representative Dan Gibbs, District 56, presented a State Legislative update from the past
few months. He commented on the bills he sponsored related to 1-70 access with regard to the
trucking industry, the pine beetle situation, etc.
'RESOLUTIONS
Jeff Schneider, Engineer, presented Resolution No. 07-19, Series of 2007, Resolution to Amend
the 2007 Town, of 'Avon Capital Projects Fund Budget. He noted that the CIP Budget
amendment addressed the increased CIP Fund Balance & costs related to the Avon Transit
Center project, Whitewater Park, At-Grade Crossing improvements for W. Beaver Creek Blvd.
Jason Carey, RiverRestoration, spoke about the Whitewater Park,, and it was noted that the
town has responsibility in maintaining the structures into perpetuity. The Army Corps of
Engineers have not yet been notified of closing out of the permit just yet, and until some other
items are completed, the permit remains active until 2011. Discussion ensued on the need for
the chain link fence proposed to be installed around the existing Beaver Creek pump house;
most thought the type of fence was not appropriate for the area and ask that other alternatives
be proposed on this topic. Mayor Pro Tern Sipes moved to approve Resolution No. '07-19,
Series of 2007, Resolution to Amend the 2007 Town of Avon Capital Projects Fund Budget;
Councilor Phillips seconded the motion and it passed unanimously.
Scott' Wright, Asst. Town Manager Finance, presented the process surrounding the Town's
efforts in creating an Urban Renewal Authority and adopting an Urban Renewal Plan. At the
earlier work session, the Council reviewed the Conditions Survey submitted by Matrix Design
and discussed the numerous elements that makeup the process. He noted that due to an error
in publishing the notice for the public hearing in a legal newspaper, Council consideration of
Resolution No. 07-20, Series 2007, A Resolution to Create the Avon Urban Renewal Authority,
would be postponed until the June 26, 2007 meeting. At that time consideration of the
resolution and action would be taken on the Resolution. A timeline was included in Council's
packet with some of the future highlights as follows:
June 26, 2007:
■ Results of the findings of the Conditions Survey
■ Create Urban Renewal Authority
August 7, 2007
■ Planning Commission Review
■ Adopt Urban Renewal Plan
It was noted that.with the adoption of the URA Plan, there are powers of condemnation given to
the URA; a brief description of those powers was provided. If there were no the authority for the
condemnation you would not be able to utilize the friendly condemnation aspect either. Staff
recommended capturing that as a power of the URA. This aspect is sometimes a concern of
the general public. Mayor Wolfe opened the public hearing, with no comments being heard at,
that time, a motion was made by Councilor Underwood to continue the hearing until June 26,
2007. The motion was seconded and Council unanimously approved to continue the hearing
until June 26, 2007.
Jeff Schneider, Engineer, presented Resolution No. 07-21, Series of 2007, Resolution
approving an Agreement with Union Pacific Railroad for Improvements to Existing Public Road
At-Grade Crossing, MP 308.91, Tennessee Pass Subdivision (West Beaver Creek Boulevard).
He noted the agreement that addresses upgrading the crossing materials at West Beaver Creek
Blvd and that is was a new project included in the CIP Program. Some suggestions were made
by Councilor Underwood that would address the town's ability to include overhead costs &
overages. Councilor Underwood moved to approve Resolution No. 07-21, Series of 2007,
Resolution approving an Agreement with Union Pacific Railroad for Improvements to Existing
Public Road At-Grade Crossing, MP 308.91, Tennessee Pass Subdivision (West Beaver Creek
Boulevard) with a change to the 3`d whereas of the resolution with the addition of the language
as follows in bold / italic:
WHEREAS, the Town of Avon agrees to reimburse the Railroad for fifty percent (50%) of all
actual costs of the railroad, performing the improvements, which are estimated to total
$120,438.00. The Town of Avon contribution is not to exceed $65,000.00.
Councilor Dantas seconded the motion and it passed unanimously.
Mayor Wolfe read Resolution No. 07-22, Series of 2007, Resolution in appreciation of Bob
Reed's Years of Service. Councilor Ferraro moved to approve the Resolution, Mayor Pro Tern
Sipes seconded the motion and it passed unanimously.
NEW, BUSINESS
Shane Pegram, Engineer, presented information related to suggestions made. by River
Restoration for Year 2 adjustments to the Whitewater Park structures, which included future
adjustments/repair to the park due to river forces that can displace boulders and pre-cast
structures based on monitoring during the 07 runoff. Cost proposals were presented and could
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June 12, 2007
be implemented in two phases. Jason Carey commented on the proposals in detail. Council
was supportive of completing both phases immediately.
UNFINISHED / OLD BUSINESS
Matt Gennett, Senior Planner, resented the Attainable Housing policies & various related
issues as raised at the May 22" work session and identified in the council packet memo. He
noted that this would help frame the discussion -on housing in order to obtain further direction
from the Town Council on developing these guidelines. He addressed some of the following
issues that were raised at the last meeting as follows: Process, livability standards, real estate
transfer tax exemptions and specific criteria relative to findings made at the Council's discretion.
Some of the comments made were:
■ Control size & basic functions
■ Include parameters for energy efficiencies
■ Address minimums not maximums
Provide for an annual review of the guidelines based on annual housing information
It was also suggested that the Community Development Subcommittee meet to discuss the
topic and further refine the parameters. Further discussion ensued and it'was agreed that staff
would continue to assimilate the comments made into the future guidelines and return with an
update in the near future.
Mayor Wolfe raised the topic of the AIA efforts to support the 2030 Sustainability Initiative as
presented by Chris Green, local architect and Avon resident, at the earlier work session. The
challenge he outlined calls for carbon neutral building operations by the year 2030 and is
supported by numerous groups across the country, US Conference of Mayors and AIA. Council
discussed their support of the concept. Council agreed that the topic would be considered at a
later time.
Scott Wright, Asst. Town Manager, Finance, presented the draft 2006 Audited Financial Report.
He provided an overall review of the financial statements with a brief comment on the overall
health of the Town as being very good. He noted several questions in which he evaluated the
financial condition of the town as follows:
• How is the town meeting its near term financing of short term obligations
• Does-revenue cover expenditures
• Is the financial condition improving or deteriorating
• Is the Town continuing to invest in its infrastructure & investing in long term capital
assets
Some discussion ensued about the fund balance and total revenues for the Town. Wright noted
that a representative from Clifton Gunderson would officially present the final audit at the next
meeting.
CONSENT AGENDA
There was continued discussion on the Whitewater Park Fence Requirements, the proposed
fence installation near the wetlands & Beaver Creek pump house. It was agreed that this item
be postponed & a new design will be developed; council preferred to not install a fence at all.
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro moved to adopt the
consent agenda; Mayor Pro Tern Sipes seconded the motion and it passed unanimously.
a. Minutes from May 22, 2007
b. Metcalf Road Drainage Improvements - Design Services 'Proposal / Design services for
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June 12, 2007
drainage improvements
c. '2007 Annual Traffic Counts Contract, TDA Colorado, Inc. / Services for completing annual
traffic counts_ for the Town
d. 2007 Avon Streetscape Lighting Conversion Program Design Services Proposal, AEC /
Engineering, design services for streetscape lighting
e. Union Pacific At-grade Railroad Crossings, HP Geotech - Geotechnical Testing Services
Contract Award / Geotechnical testing procedures for Quality Assurance
f. Whitewater Park Required 404 Permit Close-out / US Army Corp of Engineer required 404
permit close-out
g. Western Enterprises Sponsorship Agreement / Associates sponsor agreement for 2007
Salute to U.S.A.
h. Westin Riverfront Resort & Spa Sponsorship Agreement / Presenting sponsor 'agreement
for 2007 Salute to U.S.A.
There being no further business to come before the Council, the regular meeting adjourned at
9:15 PM.
RESI~KTFULLY SUBMITTED:
APPROVED:
Rich Carroll
Dave-Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe -
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June 12, 2007