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TC Minutes 08-08-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD AUGUST 8, 2006 A regular meeting of the Town of Avon, Colorado was held at the Wildridge Fire Station, 2120 Saddle Ridge Loop, Avon, Colorado. 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 Nottingham Underwood. 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, Brian Kozak, Police Chief, and Acting Community Development Director Eric Heidemann, 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. It was asked that consent agenda items be discussed separately before action is taken. - CITIZEN INPUT The following people spoke in support of the Whitewater Park in Avon: Ellen Casey, Shawn Glacken, Randall Stone, Jon Sterrett, Mark Schwartz, Kevin Sloan.' Some comments were made regarding the design of the project by Jason Carey, River Restoration.org, who has been working alongside Norm Wood, Town Engineer. Mayor Wolfe credited Councilor Sipes with bringing this vision to the table. Comments were made regarding the need for an Eagle River Master Plan that would identify all recreational opportunities on the river for all residents and visitors, in conjunction with identifying how to preserve the beauty and habitat of the river. Becky Kaiser, Wildridge resident, spoke about the desire or need to have a more attractive entrance to Wildridge, with some landscaping and or signage. Comments included suggestions about gathering an interested neighborhood group to support the idea and then the possibility of partnering with the town to implement the project. Some comments were made about the role of homeowners associations in projects of this kind. ORDINANCES Brian Kozak, Police Chief, presented Ordinance No. 06-14, Second Reading, Ordinance Amending Title 9 Of Avon Municipal Code Relating To Possession Of Liquors By Underage Person. He noted that the proposed revisions to legislation addresses enforcement issues and provides Avon with a better-aligned law with State Statutes. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Buckley moved to approve Ordinance No. 06-14, Amending Title 9 Of Avon Municipal Code Relating To Possession Of Liquors By Underage Person. Councilor Sipes seconded the motion and it passed unanimously. John Dunn, Town Attorney, presented Ordinance No. 06-15, Series Of 2006, First Reading, 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 the revision to the ordinance would eliminate the warning procedure and related citation for a first violation. Discussion ensued about the need to bring this topic to a countywide discussion, the need to get the trash vendors involved so that appropriate containers could be offered to homeowners, . and identify appropriate educational efforts for new & existing residents and businesses. Some discussion ensued on the amount of the fine. Mayor Wolfe offered to contact the County Commissioners to ask for their participation. Mayor- Underwood moved to approve Ordinance No. 06-15, Series Of 2006, First Reading, Ordinance Amending Chapter 8.32,Title 8, Avon Municipal Code, Relating To The Protection Of Wildlife And Providing Penalties For, The Violation Hereof with a first violation fine to be set between $1 and $250. Councilor Buckley seconded the motion and it passed unanimously. RESOLUTIONS Norm Wood, Town Engineer, presented Resolution No. 06-34, Series of 2006,. Resolution to Amend the 2006 Town of Avon Capital Projects Fund Budget, the Deeds of Easements and the construction contract to Ted Seipel Construction. He noted that the resolution provides for revisions to the CIP budget for the Eagle River Recreation Enhancement Project and related RICD Water Rights acquisition; he reviewed the budget revisions in detail noting the increases to expenditures. He also reviewed the bid process that was conducted for the construction of the Eagle River Recreation Enhancement Project, noting that only one bid was received. He explained what had transpired since then with both parties meeting to try to reconcile some of the work and costs. It was noted the bid was non-conforming to the contract bid documents and far exceeded the engineer's estimate. At this time, Ted Seipel, owner of the company, spoke about his company and noted that he was ready to proceed with the project and that the tirdelirie,wos very tight. Jason Carey, Riverrestoration.org, commented on the project and noted that construction costs are only slated to increase next year. Several questions were asked about the. following topics: 1) comments about the project from the Division of Wildlife, 2) access to the project, 3) terms of easements, 4) the red house easement, and 5) contents of an operating agreement with VRI. Discussion ensued at length on these topics. Councilor Ferraro moved to approve Resolution No. 06-34, Resolution to Amend the 2006 Town of Avon Capital Projects Fund Budget. Councilor Sipes seconded the motion and it passed unanimously. credited Norm Wood with high accolades and responsible for the success of the project thus far. Gerry Flynn, Polar Star Properties, Jack Gardner, Hogan & Hartson, and Bryon Farnsworth, Sherman & Howard, presented Resolution No. 06-35, Series of 2006, Resolution approving the Issuance by Eaglebend Affordable Housing Corporation of Multifamily Housing Project Revenue Refunding Bonds, Series 2006, in an Aggregate Principal Amount not to exceed $18,655,000; Authorizing an Amended and Restated Project Agreement; and Authorizing Incidental Action. Mr. Flynn noted that the Eaglebend Affordable` Housing Corporation is pursuing an advance refunding of its Series 1997 Bonds that are callable in July 2007. It was noted that the Town of Avon was asked to formally approve the financing by adopting the resolution approving the issuance of the 2006 bonds and reconfirming the terms of the existing Project Agreement, which was amended to incorporate the series 2006 bonds. The Town is not exposed to any debt obligations with this refunding. Discussion ensued on the documents, which included the resolution, the indenture document, and the Second and, Amended Restated Project Agreement, specifically the condition of the project related to when title is transferred to the Town and arrangement with property management company upon transfer of title. Councilor Ferraro moved to approve Resolution No. 06-35, Series of 2006, Resolution approving the Issuance by Eaglebend Affordable Housing Corporation of Multifamily Housing Project Revenue Refunding Bonds, Series 2006, in an Aggregate Principal Amount not to exceed $18,655,000; Authorizing an Amended and Restated Project Agreement; and Authorizing Incidental Action. Councilor McDevitt seconded the motion and it passed unanimously. Discussion ensued about Avon's wildlife ordinance and what the property has done to implement the bear ordinance requirements, bear resistant trashcans, etc. All agreed the management company should become part of the countywide discussion. Regular Council Meeting Page 2 of 3 August 8, 2006 Town Manager Report Larry- Brooks, 'Town Manager, referenced Community Development Director Tambi Katieb's letter of resignation. The Council thanked him for his commitment to the Town and expressed appreciation for his work. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda below; some comments were made regarding the transit center design to include options for the snowmelt system. Mayor P,ro Tern Underwood moved-to adopt the consent agenda; Councilor Sipes seconded the motion and each item it passed unanimously. a.' Minutes-.from July 11, 2006 Meeting b. Eagle River Recreation Enhancement Project - Award Construction Contract to Ted Seipel Construction, Inc. c. Deed of Easement and Easement Agreements to Eagle 'River Recreation Enhancements Project d. Site Resource Management, Inc. Change Order No. 2 e. 2006 Street Improvements Elam Construction, Inc. Change Order No. 2 f. Design Workshop - Additional Design Services for Avon Transportation Center There being no further business to come before the Council, the regular meeting adjourned -at 7:30 PM. APPROVED: Debbie Buckley Knsti Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwoc Ron Wolfe RESPECTFULLY SUBMITTED: Pip n C-~ Patty M e y, To erk Regular Council Meeting Page 3 of 3 August 8, 2006