TC Minutes 04-25-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD APRIL 25, 2006
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 6:10 PM. A roll call was taken and Council
members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes,
and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Asst. Town
Manager Jacquie Halbumt, Town Clerk Patty McKenny, Town Engineer Norm Wood, Public
Works/Transit Director Bob Reed and Community Development Director Tambi Katieb, as well
as members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
Mayor Wolfe noted that scholarship awards would be added to the agenda under New
Business. There were no agenda items that would require a disclosure of a conflict of interest
or exparte communication.
CITIZEN AND COMMUNITY INPUT
Melisa Ruwold-Thuon the new Avon Elementary School principal addressed the Town Council.
She provided a brief update as to what she would be implementing in her new role, i.e.
implement dual language program for kindergarten only, team teaching classrooms, improve
image of AES, hold community meetings in the Avon, create a fact sheet about AES, encourage
local businesses to support the school, address parking issues, hire coordinator for bilingual
programs, add a community liaison for parents, and hire new staff.
Chico Thuon, Wildridge resident addressed the Council about dogs at large and speeding in
Wildridge. Discussion ensued about both topics; it was noted that the Avon Police have been
informed to address both topics with zero tolerance and issue tickets when necessary.
ORDINANCES
John Dunn, Town Attorney, presented Ordinance No. 06-05, Series of 2006, on Second
Reading, An Ordinance Amending Chapter 8.32,Title 8, Avon Municipal Code, Relating To The
Protection Of Wildlife And Providing Penalties For The Violation Hereof. He noted that these
proposed revisions to the existing ordinance intended to help with enforcement of this
legislation; he noted the further changes were made to clean up some of the language of the
ordinance. It was also noted that since first reading three changes have been made as outlined
in the council packet memo and some further changes made in typos.
Mayor Wolfe opened the public hearing. Peter Buckley commented on this legislation, noting
that it is unneeded, unwanted, unnecessary legislation. His comments were that the people
who live in Avon do not need instructions on how to put trash out by the curb and that the
legislation should be repealed. Mayor Wolfe closed the public hearing. Mayor Pro Tern
Underwood moved to approve Ordinance No. 06-05 Amending Chapter 8.32,Title 8, Avon
Municipal Code, Relating To The Protection Of Wildlife And Providing Penalties For The
Violation Hereof. Councilor Sipes seconded the motion and it passed unanimously.
Tambi Katieb, Community Development Director, presented Ordinance No. 06-06, Series of
2006, on First Reading, An Ordinance Amending Title 8, Municipal Code of the Town of Avon,
Defining Building Activity, Declaring Abandoned Building Activity a Public Nuisance, and
Providing Penalties For Abandonment. He noted that this proposed amendment is intended to
expand the ability of the Town to provide abatement for abandoned construction activity.
Currently the Code is limited to abandoned building where construction has actually begun and
not been completed. Both the Legal Subcommittee & Planning & Zoning Commission was
supportive of this revision to the Code. Council discussed some of the following topics:
✓ Whether or not to include the word "occupancy" in the definition
✓ If further consideration should be given to "property maintenance issues" within the Code
✓ The timeframe for which to handle this situation
It was noted that some of the topics raised should be included in separate legislation; staff
would try to address some of the concerns as well.
Councilor Ferraro moved to approve Ordinance No. 06-06, Series of 2006, on First Reading, An
Ordinance Amending Title 8, Municipal Code of the Town of Avon, Defining Building Activity,
Declaring Abandoned Building Activity a Public Nuisance, and Providing Penalties For
Abandonment with a change to the "Notice of Violation" section and change to Section.
8.03.050 by adding "site restoration" language as another option for action by the Town.
Councilor Phillips seconded the motion and it passed unanimously.
John Dunn, Town Attorney, presented Ordinance No. 06-07, Series of 2006, on First Reading,
An Ordinance Amending Titles 12 And 16, Municipal Code Of The Town Of Avon, To Increase
Any Guarantee Of Public Improvements To Two Years. He noted that this revision is to extend
the warranty period from one year to two years, so that all developers would be treated
consistently. The warranty period is consistent with other jurisdictions in Eagle County; the
language is included in subdivision improvements agreements. Councilor Sipes moved to
approve Ordinance No. 06-07, Series of 2006, on First Reading, An Ordinance Amending Titles
12 And 16, Municipal Code Of The Town Of Avon, To Increase Any Guarantee Of Public
Improvements To Two Years. Councilor Ferraro seconded the motion and it passed
unanimously.
RESOLUTIONS
Councilors Ferraro & Sipes left the podium at this time due to conflicts of interest. John Dunn,
Town Attorney, presented Resolution No. 06-18, Series Of 2006, Resolution Approving a
Memorandum of Understanding ("MOU") and the Form of a Subdivision Improvements
Agreement ("SIX) relating to Riverfront Subdivision. Dunn would review both the information
related to the Riverfront Subdivision Proposed "MOU" (permits applicant to begin construction
activity during period of time between closing, funding of project and approval of "SIA") and
"SIA" (agreement which provides for the construction and funding of public improvements)
addressing the Riverfront Subdivision. He first reviewed the SIA and noted that staff
recommended the form presented, as modeled after the agreement with Traer Creek Metro
District, (a standardized form that has also been approved by the Legal Subcommittee). Staff
also recommended language that would adopt a "funding resolution" that would earmark
sufficient funds to guarantee completed; the applicant would address why they want to use
different language based upon the structure of the bond funding of the confluence district.
Some concerns were noted as follows:
✓ what improvements would be funded from the bonds - the improvements funded in the
SIA,
✓ the exhibits to the SIA were not yet complete,
✓ what improvements are covered in the SIA and what are not SIA related?
Bill Ankele, attorney representing the Confluence Metro District and with the firm White Bear &
Ankele Professional Corporation, addressed the Council and spoke about the agreement in
general, its structure and funding mechanisms. Some of the language would address the
following:
Regular Council Meeting Page 2 of 4
April 25, 2006
✓ it would allow the town access to the funds
✓ the funds would be released only for the public improvements
✓ the trustee is the gatekeeper function
✓ two construction accounts would be established (town SIA improvements = a account;
all other improvements = b account
✓ the town will see all the requests for payment
Discussion ensued on the topic of the Indenture of Trust, the proposed funding resolution, which
should look similar to that of Traer Creek's funding resolution, the section addressing the event
of defaults, the engineer's certificate language (per Mike Sliper, Alpine Engineering, the
language would be revised to include "substantial conformance"). Town Attorney John Dunn
then addressed the MOU, noting that it is a bridging document. Comments were made
regarding the following topics:
✓ The cash restoration bond and timeline in which the parties are required to comply
✓ Explanation of why the gondola was not included in the SIA (gondola not considered a
public improvement)
✓ How is the construction of the gondola guaranteed and what document states that it will
be built / are there remedies in the development agreement that address that question.
Rick Travers, Wear Travers & Perkins and attorney representing East West Partners,
addressed Council, noting that there are district operated improvements & town owned
improvements which separates what is included in the SIA. He pointed out the remedies that
have been included in the agreements that would address this topic. After some deliberation, it
was agreed by all parties to draft a separate SIA that would address the guarantee of the
construction of the gondola with the Confluence Metro District. It was also noted by Rick
Travers that the construction of the gondola would proceed prior to the final funding of that
particular piece of improvement.
Mayor Pro Tern moved to approve Resolution No. 06-18, Series Of 2006, Resolution Approving
a Memorandum of Understanding ("MOU") and the Form of a Subdivision Improvements
Agreement ("SIA") relating to Riverfront Subdivision with the following recommended changes in
general to the agreements:
✓ SIA - Section 10 will somehow refer to Resolution - Amend Section 4 of Resolution to
state - SIA - Section 6, include "substantially in accordance with"
✓ MOU - amend Section 3
✓ Resolution - include a Section 4 - the Town & Confluence Metro District shall enter into
a separate SIA addressing the construction of a gondola, form to be determined.
✓ MOU - Section 1 - include the issuance of the foundation permit to East West Resorts
Development Company
Councilor McDevitt seconded the motion. The motion passed unanimously by those members
present (Ferraro & Sipes recused due to conflict of interest).
Jeff Schneider, Engineer, presented Resolution No. 06-19, Series of 2006, Resolution
approving the Final Plat, a Resubdivision of Lot 42A, Block 4, Wildridge, Town of Avon, Eagle
County, Colorado. Owners of the lot have submitted a final plat to resubdivide Lot 42A, Block 4,
creating duplex lots with street addresses of 5105-W and 5101-E Longsun Lane. Councilor
Sipes moved to approve Resolution No. 06-19, Series of 2006, Resolution approving the Final
Plat, a Resubdivision of Lot 42A, Block 4, Wildridge. Council McDevitt seconded the motion
and it passed unanimously.
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April 25, 2006
NEW BUSINESS
Mayor Wolfe briefed the public on the interviews that were conducted at the work session in
order to select new members to the Planning & Zoning Commission. Mayor Wolfe moved to
appoint the following people to the respective terms to the Planning & Zoning Commission:
One year terms: Chris Evans & Julia Foster
Two Year Terms: Andrew Lane, Phil Struve, Todd Goulding and Terry Smith
Councilor Sipes seconded the motion and it passed unanimously.
Mayor Wolfe noted that the Council selected two students to receive the Town of Avon
Scholarship awards (a fund created by former Mayor Buz Reynolds, Jr.) Councilor McDevitt
moved to expend 100% of the funds accrued in the scholarship funds to two students selected
at the earlier work session meeting. Councilor Sipes seconded the motion and it passed
unanimously.
TOWN ATTORNEY REPORT
Town Attorney, John Dunn spoke about the status of the motion made by Union Pacific Railroad
related to the at grade railroad crossings, noting that UP has stated it wants to rejuvenate the
Minturn rail yard to store 500 cars, creating an active rail road line in the area. Dunn noted that
a response to that motion was filed today in hopes that the Public Utilities commission would
consider the item still this week. Dunn noted that he has also spoken with Minturn about the
matter.
MAYOR REPORT
Mayor Wolfe presented updates on the ECO board retreat that went very well and a request by
Stone Creek Charter Elementary School who is looking for a location for their school.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Buckley moved to
adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously.
a. Minutes from April 11, 2006 Meetings
There being no further business to come before the Council, the regular meeting adjourned at
8:15 PM.
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwoo
Ron Wolfe
Regular Council Meetinc
April 25, 2006
RESPECTFULLY SUBMITTED:
Pa Z!~ enny n Clerk
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