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TC Minutes 08-28-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD AUGUST 28 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 one addition to the agenda as an Executive Session at the end of the meeting to discuss Avon / Beaver Creek negotiations for transit services and consideration' of the Cooperation Agreement and' Resolution No. 07-32 as New Business. John Dunn, Town Attorney, noted there were no items on the agenda which would require a disclosure. CITIZEN AND COMMUNITY INPUT Mayor Wolfe recognized this time for discussion with petitioners and community about revising Avon's smoking ban legislation. Randall "Ray" Knipmeyer submitted the petition in August asking for some time with the Town Council to discuss the topic. Mayor Wolfe noted that the Town's legislation & the State's legislation differ based on the distance from an entrance, and what constitutes the entrance or the gathering area. Mayor Wolfe asked for public comment at this time and the following people commented: • Randall Knipmeyer thanked council and presented the position of some of the restaurant owners in Avon. He asked•for consideration to change the distance to be consistent with the State of Colorado's regulation describing some of the problems they encounter. • Kent Beidel, owner Loaded Joe's, supported Ray's points and asked for reconsideration of the distance point. • Gary Aubrey, Colorado Restaurant Assn and resident, asked that council consider an equitable scenario for the restaurant owners in Avon. • Tyler Moline, Avon resident & CME employee, supported leaving the legislation as it. • Jennifer Corrigan, Colorado Tobacco Education & Prevention Alliance, asked that the Council not support their request and commented as to why. Mayor Wolfe noted for the record that there were six written comments in support of the current law and five written comments against the current law. It was noted that 72% of Eagle County voted for a smoking ban. Mayor Wolfe asked Council if there was a motion to act, staff would be directed to draft revisions. There was no motion and no further action was taken on this topic. ORDINANCES John Dunn, Town Attorney, presented Ordinance No. 07-07, Series of 2007, Second Reading, Ordinance Declaring the Town of Avon General Improvement District No. 1 organized and submitting to the Electors of the District the Question of Imposing an Ad Valorem Tax to Pay the Annual Expenses of the District Legislation organizing the GID No. 1 & submitting a ballot question as part of implementing -the Second Amended and Restated Development Agreement for the Gates. The GID would annually impose a mill levy of $40K, in 2008 and adjusted for inflation, to be used by the Town for transportation and recreation purposes. Kbrief explanation was provided regarding the process which will occur for the developers to become property owners who will then the serve as the registered, electors and how the Metro District is formed to, serve the Gates property. Joel Rosenstein representing CSC Land asked for support of the Ordinance. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Mayor Pro Tern Sipes moved to approve .Ordinance No. 07-07, Series of 2007, Second Reading, Ordinance Declaring the Town of Avon General Improvement District No. 1 organized and submitting to the Electors of the District the Question of Imposing an Ad Valorem Tax to Pay the Annual Expenses of the District Legislation organizing the GID No. 1 & submitting a ballot question as part of implementing the Second Amended and Restated Development Agreement for the Gates. Councilor Carroll seconded the motion and it passed unanimously. John Dunn, -Town Attorney, presented Ordinance No. 07-08, Series Of 2007, Second Reading, Ordinance Amending Title, 17, Municipal Code Of The Town Of Avon, As It Relates To Applicability To Public Agencies. He noted that this ordinance was housekeeping legislation which provided for the deletion of language that would be a basis for an argument that the Town's regulations do not preempt state law. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Dantas moved to approve Ordinance No. 07-08 Ordinance Amending Title 17, Municipal Code Of The Town Of Avon, As It Relates To Applicability To Public Agencies. Councilor Underwood seconded the motion and it passed unanimously by those present. Jenny Strehler, Public Works % Transportation Director, presented Ordinance No. 07-09, Series of 2007, An Ordinance Amending Chapter 12.16 Of The Avon Municipal Code As It Relates To The Responsibility For Maintenance Of Sidewalks, Drainage Ditches And Driveway Culverts. She noted that the proposed changes require that ditches and driveway culverts located in the right-of-way be maintained in good condition by the abutting property owners; currently sidewalks, curbs and gutters are maintained by the property owners. Discussion focused on the multiple property owners scenarios and who would be responsible for this maintenance as well _as what' would happen when the town were not maintaining the property. Strehler noted that each case would be evaluated individually and that the legislation is to try to further insist the property owners take responsibility for the ditches and culverts. Councilor Underwood moved to approve Ordinance No. 07-09, Series of 2007, An Ordinance Amending Chapter 12.16 Of The Avon Municipal Code As It Relates To The Responsibility For Maintenance Of Sidewalks, Drainage Ditches And Driveway Culverts. Councilor Phillips seconded the motion and it passed unanimously. It was noted that second reading & a public hearing would be held on September 11 t'. RESOLUTIONS John Dunn, Town Attorney, presented Resolution No. 07-28, Series of 2007, A Resolution Approving A Service Plan For The Gates Metropolitan District. Dunn noted that the organization of the Gates Metro District would implement a part of the Second Amended and Restate Development Agreement for the Gates ,(formerly Chateau St. Claire). The following topics were addressed: ✓ An exhibit presented outlining both Lot 1 & lot 2 ✓ The location of the Director's parcel on Lot 2 was not supported; it was suggested that Lot 1 be used for that purpose Regular Council Meeting Page 2 of 4 07-08-28' ✓ Question as to whether or not Lot 2 was dedicated to the town - so the question remains as to when Lot 2 would,be dedicated to the town ✓ Whether or not to proceed with adopting the resolution not knowing when Lot 2 would be dedicated; it was noted that it was important to obtain approval due to the timeline related to the creation of the Gates Metro District and the pending election for Avon's General Improvement District No. 1 ✓ Clarify language related to infrastructure dedications & maintenance ✓ Whether or not the Metro District Board members should remain as property owners of the parcel and how that process should evolve; did not' support that the directors should remain as voting members of the district Councilor Ferraro moved to approve Resolution No. 07-28, Series of 2007, A Resolution Approving A Service Plan For The Gates Metropolitan District with the following two conditions: a) That Lot 2- is not included in the Service Plan / Metro D(only Lot 1 shall be included within the boundaries of the District) b) . Nothing in the Service Plan shall impose upon the' Town the obligations to maintain the infrastructure.improvements governed by the service plan Councilor Underwood seconded the motion and it passed unanimously. NEW BUSINESS Mayor Wolfe asked Council to consider the Cooperation Agreement that was approved at the URA meeting earlier. It was noted that the cooperation agreement between the Avon Urban Renewal Authority and the Town of Avon set forth several key financial and operating policies regarding the two entities. Councilor Underwood moved to 'approve Resolution No. 07-32 Series of 2007, A Resolution to approve a Cooperation Agreement between the Town of Avon, Colorado and the Avon Urban Renewal Authority. Councilor Carroll seconded the motion and it passed unanimously. UNFINISHED / OLD BUSINESS Matt Gennett, Senior Planner, presented the Attainable Housing Guidelines with, a review and discussion of the topic. The following comments were made by Council and staff: ✓ It was noted that the document allows for interpretation and allows for guidance for each application. ✓ It was suggested to present the document to P&Z for their comments prior to final adoption ✓ It was suggested that the purposes clause should note that the guidelines are a step in the right direction to achieving the goals with housing; This document is only a start ✓ Would like to create an incentive for developers / ✓ Desire to adopt the guidelines in September Would prefer the priority be given to employees who work in Avon ✓ Think about the nexus for residential & nexus for commercial development ✓ Discussion about the Deed restricted units increase over time, the capital investments on the property The document would be presented to the P&Z Commission at their next meeting in September and then scheduled for Council consideration and adoption on the September 11th Council meeting. Regular Council Meeting Page 3 of 4 07-08-28 CONSENT AGENDA Mayor Wolfe asked for a.motion, on the Consent Agenda: Councilor Underwood moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed' unanimously. a. Minutes from August 14, 2007 b. Clifton Gunderson Engagement Letter for Auditing Services (Scott Wright, Asst. Town Manager Finance) Three year proposal for Audit fees for Audits of the Town's 2007-2009 financial statements At 8 PM Councilor Underwood moved to convene into an Executive Session with the Town Attorney Pursuant to CRS 24-6-402 (4)(b) conference with town attorney for the local public body for the purposes of receiving legal advice on specific legal questions related to the transit negotiations with Beaver Creek and-the Municipal Court Prosecutor position. Mayor Pro Tern Sipes seconded the motion and it, passed unanimously. At 9 PM Councilor Carroll moved to adjourn the Executive Session; the motion was seconded. There being no further business to come before the Council, the meeting was adjourned at 9 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 07-08-28 RESPECTFULLY SUBMITTED: