TC Minutes 06-10-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JUNE 10, 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, Kristi Ferraro, Amy Phillips, Brian Sipes and Dave Dantas.
Tamra Nottingham Underwood was absent. Also present were Town Attorney John Dunn,
Town Manager Larry Brooks, Deputy Town Clerk Catherine Haynes, Town Engineer Justin
Hildreth, Assistant Town Manager Finance Scott Wright, Assistant Town Manager Community
Development Eric Heidemann, and as well as members of the public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
The agenda was approved and there was no need for any disclosures of conflicts. Councilor
Sipes noted that he would recuse himself the deliberation &vote on the Ordinance related to the-
Eagle River Fire Protection District Impact Fees due to a conflict of interest. Town Attomey
John Dunn noted that he would recuse himself from Resolution No. 08-19, Series of 2008 A
Resubdivision of Lot 34, Block 2, Wildridge, Town of Avon, Eagle County, Colorado (2661
Beartrap Road) due to conflict of interest.
STAFF UPDATES
a. Mayor Ron Wolfe presented Certificates of Appreciation for outgoing Planning & Zoning
Commission members Julia Foster and Terry Smith. Julia Foster was not present.
b. Danita Chirichillo, Recreation Programs Supervisor, presented a review of Avon's 08
upcoming summer special events
STONE CREEK ELEMENTARY CHARTER SCHOOL UPDATE
Kevin Kromer, President of the Stone Creek Board, presented the quarterly update about the
school's 07/08 year, financial status, different grants for new charter schools that the school
applied for. They are still working on paying off the vendors and improving their fundraising. Cut
some of the classes for next year as some of the classes were not filled. He mentioned that
they have discussed future school locations in the valley. Amy Phillips expressed some concern
over the numbers not increasing for next year. Ron Wolfe explained there is not the space to
expand too much and the main priority is to decrease the debt. Kristi Ferraro said she has heard
good reports on the school.
Brian Sipes recused himself from the public Hearing on Ordinance Noi 08-06, Series of 2008
due to a business relationship with his firm and the Fire protection District.
ORDINANCES
Scott Wright, Assistant Town Manager Finance, presented Ordinance No. 08-06, Series of
2008, Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 3 of
the Avon Municipal Code, by Adopting Fire Protection and Emergency Medical Services
Impact Fees for Land Development Activities Generating the. need for Additional Fire
Protection or Emergency Medical Services Legislation. Town Attorney John Dunn noted
that the charter requires a 2/3 vote for approval on this item. He noted that all members of
the council were not present tonight. John Dunn recommended that the ordinance be tabled
until all elected officials are present to vote. Charlie Moore, ERFPD Fire Chief, gave a
summary and explained that due to growth they need more stations going into the future; he
gave a brief update on the conditions of the stations in the valley.
Mayor Wolfe requested a review of how the impact fee dollars can be used. Some of the
following topics were discussed:
Tom Pippin, Economist with BBC Research and Consulting, outlined the impact fees
as a one time charge to be only used for capital improvements.
■ A letter that the council members received from Dan Reynolds, Garfield and Hect,
was discussed with Tom Pippin addressing it as well.
Stan Bernstein, Bernstein and Associates, explained the process of determining the
projected future growth of SFE's.
Jim Collins, Collins Cockrel and Cole explained that some of the tap fees could be
reduced..
Eric Jorgenson, Collins Cockrel and Cole, explained the adjustment in the ordinance
and intergovernmental agreement to change CPI"s. Impact fees will only, apply and
will be collected at the'building permit stage.
■ Charlie Moore explained that the reason for a larger station is to be able to cover a
larger area and still keeping enough fire trucks to protect the Avon Community. He
also noted the creditation process the district was purusing.
Mayor Wolfe opened the public hearing and the following comments were heard:
Dan Reynolds, Garfield & Hect representing Jim Pavlich asked for the impact fees to
be denied.
■ Jenny Clingier living at Avon Crossing supports the impact fees.
■ Buzz Reynolds asked if all metro districts are contributing into this. He is in favor of
a mill levy which is a fixed cost.
Mayor Wolfe closed the public hearing. Councilor Carroll moved to table Ordinance No. 08-
06; until the July 8, 2008 Council meeting; Councilor Ferraro seconded the motion and it
passed unanimously by those members present (Underwood absent).
Scott Wright, Assistant Town Manager Finance, presented Resolution No. 08-20; Series of,
2008, 'Resolution of the Town of Avon, Colorado, approving an Intergovernmental
Agreement between the Town of Avon, Colorado and the Eagle River Fire Protection
District, concerning the collection, payment and use of emergency service impact fees IN
light of tabling the Ordinance, Councilor Carroll moved to table Resolution No.08-20, Series
of 2008. Councilor. Ferraro seconded the motion and it passed unanimously by those
members present (Underwood absent).
Brian Kozak, Police Chief, presented Ordinance No. 08-07, Series of 2008, Second
Reading, An Ordinance of the Town of Avon Colorado, amending Section 12.030 of The
Municipal Code of The Town of Avon Relating to Hours of Sale of Beer, Wine and Spirituous
Liquors in Sealed Container. He noted that this legislation aligns Avon's Municipal Code with
Senate Bill 08-82 signed into effect on July 1, 2008 related to the sale of alcohol on
Sundays. Mayor Wolfe opened the public hearing, no comments were made and the
hearing was closed. Councilor Phillips moved to approve Ordinance No. 08-07; Councilor
Ferraro seconded the motion and it passed unanimously by those members present
(Underwood absent).
Scott Wright, Assistant Town Manager Finance, presented Ordinance No. 08-08, Series of
2008, First Reading, Ordinance repealing Ordinance No. 81-11, Series of 1981, and
terminating the existing Town of Avon, Colorado Town Center Mall as a Pedestrian Mall,
designating it as a Public Street with vehicular access, and terminating assessments against
adjacent Property Owners for Operating Costs. He noted that this legislation takes steps to
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08-06-10
effectuate the transition of the Mall to a public street with vehicular access and presented
the history as follows:
The 1981 adopted ordinance established a pedestrian mall known as the town center
mall.
■ The town council later issued bonds to pay for certain improvements to the mall.
■ Adjacent property owners continue to be assessed for a portion of the operating
costs of the mall. The Bonds have been paid back.
■ As part of the redevelopment of the area, it is proposed that the pedestrian mall
revert to a public street with vehicular access and Ordinance No. 08-08 takes the
necessary steps to effectuate this transition of the mall to a public street with
vehicular access.
Councilor Dantas moved to approve Ordinance No 08-08, Ordinance repealing Ordinance
No. 81-11, Series of 1981, and terminating the existing Town of Avon, Colorado Town
Center Mall as a Pedestrian Mall, designating it as a Public Street with vehicular access,
and terminating assessments against adjacent Property Owners for Operating Costs.
Councilor Carroll seconded' the motion and it passed unanimously by those members
present (Underwood absent). The public hearing is scheduled for June 24, 2008.
RESOLUTIONS
Shane Pegram, Engineer II, presented Resolution No 08-18, Series of 2008, A Resolution
approving the Final Plat, A Resubdivision of Lot 34, Block 2, Wildridge, Town of Avon, Eagle
County, Colorado (2661 Beartrap Road). Robert B Thomas representing Wildridge lot 34,
LLC owner of a duplex structure at 2661 Beartrap Road, submitted a final plat to
resubdivides Lot 34, Block 2 into 2 distinct lots, lot 34 A and 34B and creates an access
easement across Lot 34 B for the benefit of Lot 34 A. Councilor Ferraro moved to approve
Resolution No. 08-18 Resolution approving the Final Plat, A Resubdivision of Lot 34,. Block
2, Wildridge, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the
motion and it passed unanimously by those members present (Underwood absent).
Shane Pegram, Engineer II, presented Resolution No. 08-19, Series .of 2008, A Resolution
approving the Condominium Map, A Resubdivision of Lot 12, Block 2, Benchmark At Beaver
Creek -'Amendment No. 4, Town Avon, Eagle County, Colorado (540 W. Beaver Creek
Blvd.) Councilor Ferraro moved to approve Resolution No 08-19, Series of 2008
Resolution approving the Condominium Map, A Resubdivision of Lot 12, Block 2,
Benchmark At Beaver Creek - Amendment No. 4, Town Avon, Eagle County, Colorado.
Councilor Phillips seconded the motion and it passed unanimously by those members
present (Underwood absent).
TOWN MANAGER REPORT
Larry Brooks informed council that he will be at a conference on transportation in Copper
Mountain with some members of staff on Thursday. Eric gave a brief update to council and
the community on the Avon 21 project.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Sipes moved to approve
the consent agenda below; Councilor Phillips seconded the motion and it passed unanimously
by those member present (Underwood absent).
a. Minutes from May 27, 2008
b. 2008 Annual Traffic Count Contract Award - TDA Colorado, Inc.
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08-06-10
There being no further business to come before the Council, the meeting was adjourned at 8:15
PM.
RESPECTFULLY SUBMITTED:
atkWWte- ~axAm-.6
Catherine Haynes, Deputy Q)own Clerk
APPROVED:
Rich Carroll
Dave Dantas.
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwoc
Ron Wolfe
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