TC Minutes 02-12-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 12, 2008
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 6 PM. A roll call was taken and Council
members present were Rich Carroll, Kristi Ferraro, Amy Phillips, Brian Sipes and Tamra
Nottingham Underwood. Dave Dantas was absent. 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 climate action plan was added to unfinished business since the topic
was not fully discussed during the work session. Town Attorney John Dunn asked if there were
any ex parte conversations related to the appeal by David Forenza; none were noted.
COMMUNITY INPUT
Bobby Bank, resident of Avon, commented on another piece of Village at Avon PUD
correspondence he recently received. He noted that it was impossible for citizens to comment
on this project with all the delays. He requested that the public have more input on this project.
He again asked if and where the plan was for the project.
ORDINANCES
Dee Wisor, Sherman & Howard, presented Ordinance No. 08-02, Series of 2008, First,
Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special
Districts. He noted that the proposed Ordinance would amend Chapter 18.01 to state that any
special district that includes residential property may not impose a mill levy greater than 50 mills
and that any special district that does not include residential property may not impose a mill levy
greater than 50 mills without demonstrating to the satisfaction of the Council that a greater mill
levy is required. He addressed the fact that most developer's prefer to see a "cap" as a form of
protection. Councilor Phillips moved to approve Ordinance No. 08-02, Series of 2008, First,
Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special
Districts. Councilor Ferraro seconded the motion and it passed unanimously.
Randy Funk,, Sherman & Howard, presented Ordinance, No. 08-03, Series of 2008, First
Reading, Ordinance Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to
Submit a Ballot Question Concerning the Approval of an Amendment to the Home Rule Charter
of the Town of Avon; Approving the Form of the Ballot Title; and providing for Other Matters
Related Thereto. He noted that the ordinance would submit an election question to the town's
electors asking them to amend the charter so that an election is no longer required for town land
transactions. Councilor comments were heard regarding the topic; Councilor Dantas thought
the sale of land should be left to the decision of the voters; he supported the question be
submitted to the voters however did not support the revision to the charter. Councilor's Ferraro
and Phillips supported the effort in light of providing more opportunities to the town to create a
more viable community. It was also noted that what is being presented is a prevailing matter in
Colorado. Some comments were made about the town issuing a factual statement. Councilor
Carroll moved to approve Ordinance No. 08-03, Series of 2008, First Reading, Ordinance
Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot
Question Concerning the Approval of an Amendment to the Home Rule Charter of the Town of
Avon; Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto.
Councilor Ferraro seconded the motion and it passed with a five to one vote (Dantas nay).
RESOLUTIONS
Dee Wisor, Sherman and Howard, presented Resolution No. 08-06, Series of 2008, A
Resolution Concerning The Avon Urban Renewal Authority And Its Tax Increment Adjustable
Rate Revenue Bonds (Town Center West Area Urban Renewal Project), Series 2008;
Authorizing And Directing Actions By The Town Manager With Respect To The Preparation Of
Requests To The Town Council For Appropriation Of Funds For The Replenishment Of Certain
Funds Pertaining Thereto; Authorizing The 2008 Cooperation Agreement And Reimbursement
Agreement; And Other Actions Taken By The Town In Connection Therewith. He noted that
this resolution, if approved, authorizes the Town entering into (i) the Amended and Restated
Cooperation Agreement between the Town and the Authority, and (ii), authorizes the Town
executing and delivering the Reimbursement Agreement between the Town, the Authority and
DEPFA Bank, who is providing the letter of credit for the Bonds. This Replenishment Resolution
also expresses the Town's non-binding intent to replenish the bond reserve fund if the Authority
ever needs to use the reserve fund to pay for the bonds. The Town's obligations under the
Replenishment Resolution are subject to annual appropriation. Some discussions ensued on
the moral obligation required on the financing. Councilor Underwood moved, to approve
Resolution No. 08-06, Series of 2008, A Resolution Concerning The Avon Urban Renewal
Authority And Its Tax Increment Adjustable Rate Revenue Bonds (Town Center West Area
Urban Renewal Project), Series 2008; Authorizing And Directing Actions By The Town Manager
With Respect To The Preparation Of Requests To The Town Council For Appropriation Of
Funds For The Replenishment Of Certain Funds Pertaining -Thereto; Authorizing The 2008
Cooperation Agreement And Reimbursement Agreement; And Other Actions Taken By The
Town In Connection Therewith. Councilor Dantas seconded the motion and it passed
unanimously.
NEW BUSINESS
Don Cohen, Eagle County Economic Council, presented the Housing Action Team / Economic
Council of Eagle County Request for Funding of 2008 Work Plan He spoke about the details of
the 2008 work plan and noted that the formula calculated Avon's funding portion at $8200.
Discussion ensued about the groups involved as being directed by two different boards; there
has been some discussion about dissolving the economic council board. If approved, the funds
would need to be appropriated through a budget amendment. It was noted that there has been
support of the HAT by the public sectors of Eagle County. Council supported funding the work
plan for 2008.
Jenny Strehler, Public Works and Transportation Director, introduced the appeal by David
Forenza to the Avon Town Council related to the Revocation of Right-of-Way Use Permit No.
07-41. She made a review of the ongoing incident with David Forenza related to the violation
and revocation of the right of way permit / Lot 69, Block 4, 5351 Ferret Lane. She explained the
purpose of the documents included in the packet and spoke about the meetings held with him to
explain the conditions of the permit. It was noted that the permit was no longer valid. After a
review of the timeline, Mr. Forenza addressed the Council. David Forenza, 2019 Beaver Creek
Point, noted that he was new to the construction process. He read a statement that he was
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unjustly served the revocation of the right of way permit and explained his perspective of the
matter. Larry Brooks, Town Manager, and Eric Heidemann, Assistant Town Manager both
addressed the items related to the situation. Mr. Brooks added that the town- has not and will
not retaliate in response to Mr. Forenza's claim that he wasn't sure he wanted to attend the
meeting in fear of retaliation. Council commented on the appeal with Councilor Sipes' upholding
the position of staff. The Town Council was unanimous in its support of upholding the $500 fine
to Mr. Forenza as well as supporting the premise of the fine.
UNFINISHED / OLD BUSINESS
Matt Gennett, Planning Manager, presented a Resolution to amend the 2006 Town of Avon's
Comprehensive Plan, to establish Attainable Housing Policies. The proposal was to amend the
Housing (F) topic area which adds detail to the provision of attainable housing unit amounts and
types. The additional detail. includes references to calculation for Residential and Commercial
linkage tied to new development. A review of the amendment procedures was explained and
staff requested that council remand, the resolution to the planning and zoning commission to
review. Some council suggestions were made to the policies.
Jenny Strehler, Public Works and Transportation Director, led further discussion about what
actions the council would support related to reducing the town's carbon footprint in the Climate
Action Plan. There was support to reach goals as related to the recreation center. It was
suggested 2009 budget cycle be used as the venue to receive formal recommendations from
staff, especially those which have funding implications.
TOWN ATTORNEY REPORT
John Dunn noted that a draft plan for the exclusion of Eaglebend residents from Eagle Vail
Metro District will be on the agenda in the near future.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro moved to-adopt the
consent agenda that included the minutes of January 22, 2008; Councilor Underwood seconded
and the motion passed unanimously.
There being no further business to come before the Council, the meeting was adjourned at 8:30
PM.
RESPECTFULLY SUBMITTED:
2altv awn Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwc
Ron Wolfe
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