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TC Minutes 06-14-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 14, 2005 A regular meeting of the Town of Avon, Colorado was held at 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 Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Public Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs, and Community Development Director Tambi Katieb as well as members of the press and public. Approval of Agenda It was noted that Council would discuss during Unfinished Updates the following: updates from community development, a permanent proposed parking easement agreement with A.T.S. Joint Venture, and a proposed 05/06 Transit Schedule for Beaver Creek.. Disclosure of Potential of Conflict of Interest The Council would not hear any matters that were considered quasi judicial in nature and therefore no disclosures were made. Citizen Input Mayor Ron Wolfe presented certificates to Andrew Karow & Buz Didier for their years of service as Planning and Zoning Commission members. Betty Todd, resident from Hurd Lane, addressed the council with regard to questions and concerns on the whitewater park proposal. New Business Fraidy Aber, Special Events coordinator for Avon, presented a summer schedule of events. Mayor Ron Wolfe presented the Project Scope & Conceptual Plan for the Eagle River at Avon - Recreation Enhancement Project, as submitted by Avon Town staff, Hydraulic Design Group and RiverRestoration.org. He noted that Avon was continuing to pursue partners (such as Beaver Creek Resort Company and Eagle County to name a couple) in this project. He wanted Council to hear the project & then review whether or not they wanted to proceed with further design work on the project. Mayor Wolfe presented an overview of the project, identified the project sites, spoke about some of the project phasing and funding. Slides were presented on some of the proposed sites, i.e. Bob the Bridge, Nottingham Ranch Road/Metcalf Diversion, etc and Jason Carey, with River Restoration.org spoke in detail about the project and introduced a number of supporters for the enhancement project: Casey with Nova Guides, Tom Page with Eagle River Watershed, Sean Glacken owner of Alpine Kayak & Canoe, Jeff Trion with Specialty Sports, and Chris Amarosa owner of Mountain Quest Sports spoke on behalf of the fishing, sporting, kayaking and rafting venues and how this project would only enhance these sporting activities for the area. Councilor Phillips spent a few minutes discussing the marketing aspect of such a project, and what benefit the region might see with this enhancement. The following persons provided comments on the project: residents Titas Blackwell, Buz Dider, Betty Todd, Guy Erickson, Carol Krueger, Travis Nottingham, Peter Buckley, Roger Wilkinson, Chris Eckrum, and Jackie Montgomery. (Most were homeowners / property owners along the Eagle River). Some of the comments, questions, and concerns expressed include the following: ✓ Details on the parking scenarios ✓ Will there be shuttles to the input locations? ✓ Will there be noise impacts for those living along the river? ✓ What will the signage program be? ✓ Will the be any impacts on the historic waterwheel project? ✓ What will the maintenance impacts be? ✓ What is the liability of the Town and of property owners associated with a project such as this? ✓ Where are town owned access points? ✓ Clarify the question the public vs private land/water for the river corridor. ✓ What happens with the upstream flows? ✓ What about restrooms or facilities for rafters, etc. ✓ What tends to happen with property values when this type of project is implemented? ✓ What are the liabilities at the input points that are next to private property? ✓ What are the traffic impacts in these neighborhoods? ✓ How can the Town pay for this type of park and maintain bus services at the same time? ✓ How will the Town monitor the safety for everyone, the traffic and trespassing? ✓ Explore the idea of using Village at Avon property as a central location for a facility and shops. ✓ What happens when people get hurt on the river? There were some follow-up questions for Jason Carey and it was agreed that he return with some initial costs on the maintenance for this proposal as well as a very good understanding of the hydraulics of the river with regard to the project. At this time, attention was turned to Norm Wood, Town Engineer, who presented the Hydraulic Design Group Proposal for Professional Services of Phase I that included the preliminary and final design, design surveys, hydraulic modeling, permitting, structural engineering, cost estimating, construction plans and specifications, survey stakeout, bid review and construction monitoring. The proposal included the five sites in Phase I which include Nottingham Ranch Road put-in, Metcalf Diversion navigation hazards, Bob the Bridge recreation centerpiece, Riverbend Condos take-out and Arrowhead diversion improved navigation. The proposed cost for this was estimated at $93,955. The proposal also included a breakout for Bob the Bride design work, estimated at $30,805. After further discussion, Council directed staff to provide more information for the next meeting on the following topics: 1) river access and easements, 2) ownership of the riverbeds, and 3) clarification on the related liability for the Town and the adjacent property owners. Some council members expressed concern over moving too quickly and noting that additional questions should be, answered before approving the design work on all of Phase I; other members suggested approving a partial design of Phase I. Pros & Cons were identified and discussed for beginning design work immediately vs waiting until more information is obtained. Town Engineer Norm Wood suggested that the Town might approve design work for bob the bridge and the conduct further exploration on whether or not the other sites should be enhanced. He also noted that a new scope of services and fees should be provided based on the comments from Council with their revisions. Mayor Pro Tern Underwood moved to retain the Hydraulic Design Group for professional services related to Bob the Bridge improvements for $30,805, for the design, permitting, and etc. and with a request that HDG return with a new proposal with respect to additional fees with respect to the mixing and matching of Phase I & Phase II and incorporating comments from this discussion, including some prioritization of the Phase I projects. As well the motion is to include the professional services of RiverRestoration.org group. Councilor Sipes seconded the motion. Further discussion included the request to the consultants to provide further information on developing restrooms and possibly a public facility on the Confluence site. The motion was amended to include that scope and it then passed unanimously with a roll call vote. Regular Council Meeting Page 2 of 4 June 14, 2005 Jeff Schneider, Asst. Town Engineer, presented 2005 Street Improvements Change Order No. 3 with revisions to the street improvements that allowed for completion of the project in a timely manner, and also resulted in decreased costs for the Avon Road portion of the project. He specified a number of the items (see memo). It was noted that the project has not been fully completed; he further outlined some of the items to be completed. Mayor Pro Tern Underwood moved to approve Change Order No. 3; Councilor Sipes seconded the motion and it passed unanimously. Norm Wood, Town Engineer, presented 2005 Street Improvements Change Order No. 4 related to the Presentation of Avon Road Parking Lot Plans & Recommendation to Award the Contract. He noted that in conjunction with the new transportation center project, the Town of Avon is constructing a paved parking lot on the Avon road right-of-way, Tracts E and F, Block 2, Benchmark at Beaver Creek. The construction estimates included grading, drainage, installation of storm sewer piping, sidewalk removal, curb & gutter, road base, asphalt paving & striping. The bids were solicited for the project via a request for proposal dated 6/2/05, and since Elam Construction was already under contract for the 2005 street improvements, it was noted that the most efficient way to initiate the parking lot project was via a change order with the existing 2005 streets project. Councilor Sipes moved to approve Change Order No. 4; Mayor Pro Tern Underwood seconded the motion and it passed unanimously (Ferraro abstained). Resolutions Scott Wright, Finance Director, presented Resolution No. 05-25, an amendment to the Capital Improvements Fund Budget. Based on earlier discussion, the resolution was revised to include an expenditure amount of $30,805 and it was agreed to by all members not to include the revenues for this amendment, but wait until a later date and use confirmed funding numbers. Wright noted the revised fund balance numbers. Councilor Sipes moved to approve Resolution No. 05-25 with the expenditure amount to be $30,805; Councilor Ferraro seconded the motion and it passed unanimously. Other Business Town Attorney John Dun presented the Permanent Parking Easement Agreement between the Town and Avon Town Square, Lot 2, Condominium Assn. This document would grant a permanent easement for Avon Town Square to use town right-of-way as a permanent parking lot. This will achieve two items related to the A.T.S. condemnation: 1. Waiver by A.T.S & the condo assn, who are parties to the condemnation, of any claims for any damages due to loss of parking 2. Waiver and a defense to the condemnation, and allow the parties to stipulate to possession of the property conditioned upon completion of the parking He noted that that there will be two revisions which include the following: 1. Paragraph 4, (4t' line) - insert word "surface" to read off-street surface parking. 2. Paragraph 14; include language that the indemnification is subject to the Colorado Governmental Immunity Act. Resident Peter Buckley asked some questions related to this topic. Town Attorney John Dunn addressed him. Mayor Pro Tem Underwood noted that the agreement should include a clause that obligated the Association to police the parking lot. Some discussion ensued and the majority of members did not agree with that idea. Mayor Wolfe moved to approve the Permanent Parking Easement between the Town of Avon and Avon Town Square, Lot 2, Condo Association with the revisions noted above. Councilor Sipes seconded the motion and it passed with a four to one vote (McDevitt nay; Ferraro abstained) Regular Council Meeting Page 3 of 4 June 14, 2005 Unfinished Business Council agreed to postpone the Beaver Creek transit discussion until the next meeting. Tambi Katieb, Community Development Director, presented updates to topics related to their department, the Gates project, the confluence application. Town Manager Report Materials were distributed to Council regarding the Colorado Economic Recovery Acts listed as: ✓ Referendum C -Summary of HB 05-1194 ✓ Referendum D - Summary of HJR 05-1057 & HB 05-1333 Town Manager Lary Brooks noted that Council may review these materials at a later date and that the County Commissioners just passed a Resolution supporting the legislation. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor McDevitt moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. Minutes from May 24, 2005 Regular Council Meeting There being no further business to come before the Council, the meeting adjourned at 9:30 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 June 14, 2005