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TC Minutes 06-27-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 27, 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 5:30 PM. A roll call was taken and Council members present were Debbie Buckley, Mac McDevitt, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Kristi Ferraro was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town Engineer Norm Wood, Public Works/Transit Director Bob Reed and Community Development Director Tambi Katieb, Finance Director Scott Wright, as well as members of the press and public. APPROVAL OF AGENDA $ DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST There were no agenda items that would require a disclosure of a conflict of interest or exparte communication. Changes to the agenda included the removal of item D) from the consent agenda and inclusion of a triathlon update by the Recreation Department. Meryl Jacobs, Recreation Director, provided an update on their recent meeting with the triathlon event manager, Premier Event Manager, whose representative did not feel comfortable with the course proposed in the Vail area. Jacobs proposed canceling the contract with "PEM", and tabling the event until next year to allow for time to resolve some of the issues identified. Council was in agreement with this proposal. Town Attorney John Dunn noted that a site tour was done at the Village at Avon location in light of the application on the agenda later that evening. Town Manager Lary Brooks asked that additional attention be given to Design Workshop's proposal and the funding of that proposal. CITIZEN AND COMMUNITY INPUT Matt Scherr, with Eagle Valley Alliance for Sustainability addressed the Council with regard to the Alliance Recycles 06 recycling first quarterly report, recycling for special events and curbside recycling in Avon. Other topics discussed included: the site in Avon and the usage of that site, current funding mechanisms and the County's role in the endeavor. Scherr noted that more funds would be needed to continue to operate at such levels; he asked Avon for funds and indicated he would approach the county for funds and some assistance as well. Council continued to support the organization's efforts. Tee Brown, President of the Channel 5 Board, community access television, addressed the Council with a funding request for equipment and services that are desperately needed for the station. He reviewed the PEG Fee monies that are collected and provided to the station as well as a matching donation the Town of Vail recently awarded the station. Town Manager Lary Brooks recommended the Council consider funding the request based on both philosophical and practical reasons station is in need of additional funding. Mayor Wolfe asked that this item be considered for a vote under "other business" later in the meeting, and asked that the Channel 5 Board continue discussions with others involved in this type of production to make improvements and then better define its role in the community. Danita Chirichillo, Special Events Coordinator, presented the July 3~d Salute to the USA Celebration Update. NEW BUSINESS Scott Wright, Finance Director, & Neil Schilling, Clifton Gunderson, presented the Audited Financial Statements Review audited financial statements for year ending December 2005. Mr. Schilling spoke about numerous parts of the document, the management analysis, fund balances, etc. Several questions and comments were made; the adoption of the audit would be completed under the consent agenda. ORDINANCES John Dunn, Town Attorney presented Ordinance No. 06-09, Series Of 2006, Second Reading, An Ordinance Amending Chapter 17.14, Title 17, Avon Municipal Code, Relating To Vested Property Rights. He noted that these proposed amendments are to the vested property rights chapter of the Code. He reviewed some of the following changes made to the document: ✓ Deleted the five year vesting schedule ✓ Termination of vested rights was amended ✓ Multiple phase projects would be dealt with separately ✓ Comprehensive plan compliance ✓ Show cause hearings Mayor Wolfe opened the public hearing and the following people commented. Rick Travers, attorney, commented on the vesting schedule for new or existing projects Ruth Borne, concerned about the overall legislation, and spoke about several topics, vesting schedule, definitions related to site-specific development plans, multi-phase projects, Some further changes were made upon suggestions made in the public hearing. No other comments were made and the hearing was closed. Councilor Ferraro moved to approve Ordinance No. 06-09, Series Of 2006, on second reading, An Ordinance Amending Chapter 17.14, Title 17, Avon Municipal Code, Relating To Vested Property Rights with modifications discussed. Mayor Pro Tem Underwood seconded the motion and it passed unanimously with a roll call vote. Scott Wright, Finance Director, presented Ordinance 06-12, Second Reading, An Ordinance Amending Title 3 of the Municipal Code of the Town of Avon relating to Interest Charged on Past Due Accounts owing to the Town of Avon. He noted that this would allow the town to include a finance charge for all past due and unpaid accounts for services, fees or charges of any kind owed to the town. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Councilor Buckley moved to approve on second reading Ordinance No. 06-12, Amending Title 3 of the Municipal Code of the Town of Avon relating to Interest Charged on Past Due Accounts owing to the Town of Avon. Councilor Sipes seconded the motion and it passed unanimously by those members present. John Dunn, Town Attorney, presented Ordinance No. 06-13, Series of 2006, First Reading, A Building Permit Violations Amendment to the Avon Municipal Code. He noted that the most effective way to enforce agreements with landowners is to condition building permits on, among other things, compliance with agreements with the Town and to red-tag the permitted improvements when an agreement is violated. The Ordinance provides for an assessment of a penalty in this type of situation and provides for timely payment of the billings and helps offset the administrative costs of the collection efforts. Some discussion ensued and Mayor Pro Tern Underwood then moved to approve an Ordinance Amending Title 14 of the Municipal Code of the town relating to permit violations. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. Regular Council Meeting Page 2 of 4 June 27, 2006 RESOLUTIONS John Dunn, Town Attorney, presented Resolution 06-29, Series of 2006, A Resolution Approving a License Agreement between the Town of Avon and the Traer Creek RP, LLC. This resolution would allow for a Temporary Alternate Public Works Site. He noted one outstanding issue related to incorporating a recital indicating the purpose of the lease agreement to provide an alternative work site during the term of the school lease; language which was now included. Traer Creek included revisions from the last meeting; staff has agreed to the form of the agreement as presented. Council comments were heard and some revisions were made to the indemnification section. Councilor Sipes moved to approve Resolution No. 06-29, Resolution approving a Lease Agreement between the Town of Avon and the Traer Creek RP, LLC with the changes noted. Councilor Phillips seconded the motion and it passed with a four to two vote (Buckley & Ferraro nay). Norm Wood, Town Engineer, presented Resolution 06714, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. He noted that Traer Creek RP LLC's, application would create a right-of-way for the installation of a water service main and future public road, a site for a two million gallon potable water storage tank and drainage easements'for natural steam, flow & wetland mitigation. He noted that this item was continued from the,April 11th meeting. Mayor Pro_ Tern asked about the conditions in the resolution Nos. 10 & 11;, as a result of discussion, no. 11 was changed as follows: Dedicate a pedestrian and bicycle route to the north and west from Traer, Creek Run to the U.S. Forest Service parcel in conjunction with the development of this subdivision parcel. Dominic Mauriello, representing Traer Creek RP. LLC, presented the application in detail. Discussion ensued regarding various topics. Both Mayor Pro Tern Underwood and Councilor Ferraro expressed their support of the application, however, they, have been disappointed in that repeated requests for materials were made and the applicant took many months to finally comply with presenting the appropriate materials. Councilor Ferraro also noted that she did not necessarily agree with all the analysis completed by the applicant. Councilor Sipes moved to approve Resolution 06-14, A-,Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. Councilor Sipes moved to approve Resolution 06-14, A Resolution Approving Preliminary Subdivision Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. Councilor Buckley seconded the motion and it passed unanimously with' a roll call vote. Norman Wood, Town Engineer presented Resolution 06-28, Series of 2006, A Resolution Approving Nottingham and Puder Ditch Repair, Maintenance and Management Agreement. He noted that Traer Creek Metro District and the Town each own water rights pertaining to the Nottingham and Puder Ditch. The agreement was developed to address the current ownership and water right interests in the ditch and to establish an agreement for ditch repairs, routine ditch maintenance, ditch improvements and the distribution of costs. He noted that Gray Greer, the Town's water attorney, provided his comments to the issues raised at the June 13th meeting (enclosed in the council packet)., Dan Leary, TCMD, noted that his board had approved this agreement as well. Councilor Buckley, moved to approve, A Resolution Approving Nottingham and Puder Ditch Repair, Maintenance and Management' Agreement. Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Other Business Tambi Katieb, Community Development Director, presented the proposal submitted by Design Workshop for further work on the tasks discussed by Council regarding the Avon Town Center West Redevelopment Plan. Councilor Buckley moved to approve up to $60K for work to be completed by Design Workshop. Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. Regular Council Meeting Page 3 of 4 June 27, 2006 Councilor Buckley moved to approve the Channel 5 request for an advance on the full $10K PEG and an outright grant for $8200 for the immediate acquisition of equipment with the following conditions: ✓ Evidence shown on progress being made with respect to investigation for a possible merger with other competing businesses ✓ An assessment be made with respect to Avon's in-house technology Councilor Phillips seconded the motion and it passed with a five to one vote (McDevitt nay). CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Phillips moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. Minutes from May 27 & June 13, 2006 Meeting b. 2006 Street Improvements Change Orders c. 2005 Audited Financial Statements d. Premier Event Management Contract - removed At approximately 9:30 PM, Mayor Pro Tem Underwood, moved to convene into Executive session pursuant to CRS 24-6-402(4)(b) a conference with the town attorney for the local public body for the purpose of receiving legal advice on specific legal questions related to the Village at Avon. Councilor Sipes seconded the motion and the executive session convened. Councilors Ferraro & Sipes left the meeting at 7:40 PM due to conflict of interest. Councilor McDevitt moved to adjourn executive session; Mayor Pro Tern Underwood seconded the motion. Town Attorney John Dunn noted for the record that the only topic discussed was identified above. There being no further business to come before the Council, the regular meeting adjourned at 10:15 PM. APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 June 27, 2006