TC Minutes 07-24-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JULY 24, 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 Justin Hildreth,
Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann,
Public Works/Transportation 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
Mayor Wolfe noted that the 2008 Budget Discussion would be moved to the Regular Meeting
Agenda from the work session meeting.
John Dunn, Town Attorney, asked if there were any discussion related to the Planning & Zoning
items on the agenda that would require disclosure of conflict of interest related to the Gates
item; there were no conflicts revealed.
CITIZEN INPUT
Randall Knipmeyer, manager of Finnegans, and resident of Avon, submitted a petition to the
Avon Town Council requesting a work session discussion on the no smoking ban within 25 feet
of the licensed establishment; some initial discussion took place. Mayor Wolfe asked if Council
would consider talking with the restaurant community; all agreed to set the topic for the August
28t' meeting.
APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
John Dunn, Town Attorney, presented Ordinance No. 07-05, Series Of 2007, Second Reading,
An Ordinance Approving An Amendment To The Chateau St. Claire Planned Unit Development
(PUD)-For Lots 1 & 2, Chateau St. Claire Subdivision, Town Of Avon, Eagle County, Colorado.
Dunn reviewed the revised Second Amended & Restated Development Agreement for the
Gates which outlines numerous conditions for the developer and complies with the adopted
MOU dated March 27th. Groundwork has begun on the formation of the General Improvement
District and the development of the service plan, these documents are slated for council
consideration' at the August meetings. He noted, that the easement was executed and provided
to the town. He reviewed the two minor changes made to the agreement, in sections 3.1 and
3.6 of the document. The changes to the construction schedule were explained as well. Joel
Rosenstein', representing CSC, LLC, spoke on behalf of the developer and asked for council
approval. Mayor Wolfe opened the Public Hearing, no comments were made and the public
hearing was closed. Mayor Pro Tern Sipes moved to approve Ordinance No. 07-05, Series Of
2007, Second Reading, An Ordinance Approving An Amendment To The Chateau St. Claire
Planned Unit Development (PUD) For Lots 1 & 2, Chateau St. Claire Subdivision, Town Of
Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it passed with a
four to one vote (Dantas nay). Councilor Dantas noted that he did not agree with all the
conditions required of the developer.
RESOLUTIONS
Jeff Schneider, Engineer II, presented Resolution No. 07-25, Series of 2007, Resolution
approving and accepting the Public Improvements Installed and Constructed in Accordance with
the Subdivision Improvements Agreement for the Dry Creek Planned Unit Development -(PUD)
and Establishing Warranty Period for the Public Improvements / 2510 Old Trail Road. He noted
that staff has reviewed the documents submitted by THD Colorado, Inc., as required by the SIA
for approval. Staff noted that this action approves & accepts the public improvements and
establishes the warrant period. Mayor Pro Tern Sipes moved to approve Resolution No., 07-25,
Series of 2007, Resolution approving and accepting the Public Improvements Installed and
Constructed in Accordance with the Subdivision Improvements Agreement for the Dry Creek
Planned Unit Development (PUD) and Establishing Warranty Period for the Public
Improvements. Councilor Dantas seconded the motion and it passed unanimously.
NEW BUSINESS
Brian Kozak, Police Chief, presented an Intergovernmental Agreement with Eagle County for
Animal Control Service (IGA requires 2/3 vote for adoption) Extension of agreement for
continued animal control service by Eagle County. He noted that the initial agreement was for 6
months in order to determine if the level of service met Avon's expectations, he noted that the
services have been acceptable and he would like to extend this agreement. Councilor Phillips
moved to approve the Intergovernmental Agreement with Eagle County for Animal Control
Service. Mayor Pro Tern Sipes seconded the motion and it passed unanimously.
UNFINISHED / OLD BUSINESS
Jeff Schneider, Engineer II, presented an update to the construction of the Avon Transportation
Center. He focused on the Snowmelt Options and related Change Order No. 001 - Temporary
Snowmelt Boiler System. He also highlighted the carbon footprint implications of snow melt vs
snow removal. It was suggested that the temporary boiler system (presented as CO 001 to the
Avon Transit Center contract with B&B) be rejected at this time in favor of implementing a
centralized boiler system with future components- of the Avon Town Center West
redevelopment. Discussion ensued as to how to handle, the recommendation made by the
Planning & Zoning Commission to include the temporary boiler system. It was noted that the-
town council has authority to override the decision of the P&Z. Various energy efficient systems
were identified as well. Councilor Dantas moved to reject the temporary boiler system / Change
Order No. 001; Councilor Carroll seconded the motion and it passed unanimously.
OTHER BUSINESS
Scott Wright, Asst. Town Manager Finance, presented an Urban Renewal Plan Update and
asked for any preliminary input from Town Council regarding Town Center West Area Urban
Renewal Plan. It was noted that the public notice was published in the Eagle Valley Enterprise
and a hearing is scheduled for August 14, 2007 at 5:30 PM. Mayor Wolfe commented on the
residential property owners and their protection from condemnation. Wright noted that
condemnation was not included in the Avon Center West URA plan. Randy Funk addressed
Council with regard to the plan, noting that this particular plan was fairly general, but speck in
what it allows for. It was noted that Impacts to special districts have not been analyzed. Mr.
Funk also noted that a certificate has been filed with the Department of Local Affairs which
alerts the State of Colorado to the formation of the urban renewal authority. Future meetings
would be scheduled and a formal agenda would be created for the meetings of the authority.
Regular Council Meeting Page 2 of 3
07-07-24
2008 BUDGET DISCUSSION - MOVED FROM WORK SESSION
Larry Brooks, Town Manager, Scott Wright, Asst. Town Manager Finance, presented a review
of the budget calendar and asked for Council to identify priority budget issues for 2008 budget
cycle. He noted that a first draft of the 5 year CIP plan would likely be submitted to Council on
August 14t". Topics included: artwork policies, status of park plans, etc., WR road east & west
plans, energy audit, a government, launch policy of an informed growth practice.
MAYOR REPORT
Mayor Wolfe presented an update on progress being made with regard to planning of the west
Avon parcels, whether it remains an open space or not. He noted that they are trying to build
the case. USFS has provided names of appraisers to assist with an appraisal for the parcels in
west Avon and efforts for moving towards the possibility of purchasing the parcels in that area.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro moved to adopt the
consent agenda; Councilor Phillips Sipes seconded the motion and it passed unanimously.
a. Minutes from July 10, 2007
b. Avon Road/Benchmark Road Roundabout / B&B Excavating Change Order No. 001
(Shane Pegram, Engineer) Adjustment of Final Contract Quantities
c. Avon Road/Benchmark Road Roundabout / B&B Excavating Change Order No. 002
(Shane Pegram, Engineer) Costs related to additional project work
d. Benchmark Road West Realignment - Streetscape Design Services Proposal (Jeff
Schneider, Engineer II) Review of proposals distributed concurrently for civil engineering design
services and streetscape design services
e. Resolution No. 07-26, Series of 2007,, Resolution approving the locations for posting the
notices of public meetings (Patty McKenny, Director Administrative Services) Consider using
-Avon Public Library as posting location
There being no further business to come before the Council, the regular meeting adjourned at
7:15 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 3 of 3
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