TC Minutes 03-25-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 25, 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 5:30 pm. A roll call was taken and Council
members present were Rich- Carroll, Dave Dantas, Brian Sipes, Amy Phillips, and Tamra
Nottingham Underwood. Kristi Ferraro was absent. Also present were Town Attorney John
Dunn, Town Manager Lary Brooks, Administrative Services Director Patty McKenny, Town
Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development
Director Eric Heidemann, and Public Works/Transportation Director Jenny Strehler, as well as
members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
When asked if there were any ex parte conversations, Town Attorney John Dunn noted that
Dave Dantas asked him about item 6-a on the,Regular meeting - Resolution No- 08-08
regarding attainable housing; it was suggested that Councilor Dantas Dave should step down
from the discussion of the topic.
STAFF UPDATES
It was noted that Councilor Carroll and Councilor Underwood would be hosting the Avon
Elementary School Student Council meeting in the council chambers on Thursday April 24 at
3:15 pm.
COMMUNITY INPUT
Planning & Zoning Commissioner Chris_ Green provided a quick update on Traer Creek Design
Review Board happenings.
ORDINANCES
Matt Pielsticker, Planner II presented Ordinance No. 08-04, Series of 2008, Second Reading,
An Ordinance Amending Title 17, Municipal Code of the Town of Avon, adding a New Chapter,
17.50, Historic and/or Cultural Preservation, adding Definitions to Chapter 17.08, and Setting
Forth Details in Regard Thereto. A review of this new chapter titled Historic and/or Cultural
Preservation to the zoning code was made noting that its purpose if for the promotions of
historic sites and structures in Avon as well as adding new definitions to the zoning code. It was
noted that one change was made to the Ordinance since first reading. Mayor Wolfe opened the
public hearing, no comments were made, and the hearing was closed. Councilor Phillips moved
to approve Ordinance. No. 08-04, An Ordinance Amending Title 17, Municipal Code* of the Town
of Avon, adding a New Chapter, 17.50, Historic and/or Cultural Preservation, adding Definitions
to Chapter 17.08, and Setting Forth Details in Regard Thereto. Councilor Underwood seconded
the motion and it passed unanimously.
Brian Kozak, Police Chief presented Ordinance. No. 08-05, Series of 2008, First Reading, An
Ordinance Amending Chapter 9.04 of the Municipal -Code of the Town of Avon relating to
Hindering Public Transportation. He noted that this Ordinance addresses persons who
recklessly or intentionally hinder the operation of public transportation to be charged with a
misdemeanor. Colorado revised the statute 18-9-115 and that the charge would be considered
a felony if someone intentionally creates violence on public transportation. This allows police
officers to arrest,anyone committing any offences who are riding public transportation. Avon's
Municipal Judge Buck Allen agreed with the language on the Ordinance. It was also noted that
the ordinance can only be applied within the Town limits. The difference between Avon's local
law and state law is that the Statute classifies hindering public transportation as intentional and
Avon's proposed ordinance classifies as reckless. It was noted that Eagle County follows state
rule because it 'is not a home rule county. Fines of $2000 or prison of up to a year would be
imposed in this legislation. A public hearing would be held at the next meeting. Councilor
Phillips moved to approve Ordinance No. 08-05, Series of 2008, First Reading, An Ordinance
Amending Chapter 9.04 of the Municipal Code of the Town of Avon relating to Hindering Public
Transportation; Councilor Dantas seconded the motion and it passed unanimously.
RESOLUTIONS
Councilor Dantas recused himself from the discussion at'this time due to a conflict of on interest
on this topic. Matt Gennett, Planning Manager presented Resolution No.08-08, Series of 2008,
A Resolution To Amend The 2006 Town Of Avon Comprehensive Plan To Establish Attainable
Housing Policies And Setting Forth Details In Regard Thereto. He noted that this was a speck
Amendment to the 2006 Avon Comprehensive Plan, Topic Area F, Housing, to add details to
the goals and policies therein related to the provision of attainable housing unit amounts and
types. Topic area F Housing as outlined below adheres to all the aforementioned criteria.
1. Include a justification for the proposed change
1. Be in conformance with the plans overall vision and it supporting goals and policies
2. Be compatible with existing and planned surrounding land uses
3. Not result in excessive detrimental impacts to Avon's existing or planned infrastructure
systems
Council asked that some public relations be done on this topic due to the importance of the
topic. Copies of the comprehensive plan should be made readily and easily available.
Councilor Sipes moved to approve Resolution No.08-08, Series of 2008, A Resolution To
Amend The 2006 Town Of Avon Comprehensive Plan To Establish Attainable Housing Policies
And Setting Forth Details In Regard Thereto. Councilor Philips seconded the motion and it
passed unanimously.
John Dunn, Town Attorney, presented Resolution No. 08-09, Series of 2008, Resolution
Authorizing filing with the District Court a Petition For Exclusion Of Eagle -Bend Subdivision
From Eagle Vail Metropolitan District And Agreeing To Provide To Eagle Bend The Service Now
Provided By Eagle Vail Metropolitan District. He noted that the resolution directs that a petition
be filed with Eagle County District Court to exclude Eagle Bend from Eagle Vail and sets forth
an approval of the intergovernmental agreement and plan for disposition and continuation of
services for exclusion of Eagle Bend Subdivision negotiated by staff. Dunn asked that that
Councilor Phillips recuse herself. Mayor Wolfe asked Council to vote on whether or not Council
Phillips should recuse herself. It was voted 3-1 in favor of Councilor Phillips not step down
(Councilor Carroll nay on the vote). Next steps in the process were reviewed. Councilor
Underwood moved to approve Resolution No. 08-09, Series of 2008, Resolution Authorizing
filing with the District Court a Petition For Exclusion Of Eagle Bend Subdivision From Eagle Vail
Metropolitan District And Agreeing To Provide To Eagle Bend The Service Now Provided By
Eagle Vail Metropolitan District. Councilor Carroll seconded the motion and it passed
unanimously.
Regular Council Meeting Page 2 of 3
08-03-25
MAYOR REPORT
There was some discussion on the Planning and Zoning interviews which are scheduled for the
April meeting. Some ideas from council were discussed.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to adopt
the consent agenda; Councilor Carroll seconded and the motion and it passed unanimously.
a. Minutes from March 11, 2008
b. Street Light Conversion Change Order 001 = Additional light poles required to complete
the 2007 light fixture conversion (Shane Pegram, Engineer II)
c. Resolution No. 08-10, Series of 2008, A Resolution Delegating Authority To The Town
Clerk To Appoint Election Judges For The Special Municipal Election On May 6, 2008
(Patty McKenny, Town Clerk) -
d. Victor Mark Donaldson Architects' Additional Service Fee Proposal for Recreation
Center Remodel Project (Shane Pegram II) Fees for additional windows in the Recreation
Center Remodel to be considered as bid alternates
There being no further business to come before the Council, the meeting was adjourned at 6:35,
PM.
RESPECTFULLY SUBMITTED:
C
Catherine Haynes, Dep own Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 3 of 3
08-03-25