TC Minutes 09-12-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD SEPTEMBER 12, 2006
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400
J 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 Nottingham Underwood. Also present were Town Attorney John Dunn, Asst. Town
Manager Jacquie Halburnt, Deputy Town Clerk Debbie Padilla, Town Engineer Norm Wood,
Finance Director Scott Wright, Brian Kozak, Police Chief, Community Development Director Eric
Heidemann and Public Works/Transit Director Bob Reed as well as members of the press and
public.
APPROVAL OF. AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
The title to Resolution No. 06-38 was corrected to read "Resolution Establishing an Avon Urban
Renewal Authority Fund and adopt a Budget to pay.for expenses related to the establishment of
the authority. Two resolutions "were also added to the agenda noted as Resolutions No. 06-37
and 07-39. There were no topics identified that would require any disclosures.
CITIZEN INPUT
Drew Dodd, American National Bank, commented on his involvement with the bank and some
concerns about Avon's deed restricted housing and the difficulties related to financing of deed
restricted properties. The details as to why that was happening was discussed and it was noted
that Mr. Dodd would try to work with staff in order to gain a better understanding of what was
happening and what could revised to improve the process.
Pedro Campos, VAG, Architects & Planners, representing Christie Sports & the Avon Annex
redevelopment project requested a joint meeting with the Town Council and the Planning &
Zoning Commission members in light of the recent design charette held for east Avon.
Discussion ensued as to when that would take place. Other potential projects were slated for
some pre-application discussions, i.e. Folson property.
Karri Willemssen introduced herself as a candidate for the Avon Council Member Election to be
held. in November.
Barry Smith, Eagle County, addressed Council with regard to the Emergency Preparedness
Plan with a review of Eagle County's Emergency Management Plan. He noted the multi-
jurisdictional aspects of the plan, the necessary training required of many personnel, the state
funding earmarked for emergency services, the adoption of the National Incident Management
System related training, roll out of bird-flu pandemic. It was noted that Barry Smith in fact heads
up the services plan for Eagle -County and the town would strive towards complying with the
plan rolled out by the County through participation of its Public Works and Police Departments.
RESOLUTIONS -
Jeff Schneider, Engineer, and Norm Wood, Town Engineer presented Resolution No. 06-36,
Series of 2006,:A Resolution Approving and the Public Improvements Installed for Western
Sage Creek Sage PUD Subdivision and Establishing the Warranty Period per the Subdivision
Improvements Agreement. Staff noted that all required documentation was provided the town in
order to approve and accept the public improvements required by the SIA for the Western Sage
PUD, with improvements consisting of drainage facilities & utilities required to access and serve
the eight single-family lots. It was noted that five of the lots are access from a private drive
originating at the cul-de-sac on Longsun Lane. It was also noted that a letter of credit expired in
October. Mayor Pro Tern Underwood comments on the letter of credit made payable to Jay
Peterson; it should be state the Town and Councilor Ferraro commented on the engineering
certificate's language not meeting expectations. Mayor Tern Underwood Resolution No._06-36,
Series of 2006, A Resolution Approving and the Public Improvements Installed for Western
Sage Creek Sage PUD Subdivision and Establishing the Warranty Period per the Subdivision
Improvements Agreement with amendment paragraph 3) of the Resolution to state that the
letter of, credit dated August 23, 2006 is issued to the Town of Avon and not Jay K. Peterson.
Councilor Sipes seconded the motion and it passed unanimously.
Town Attorney John Dunn presented Resolution Nos. 06-36 (which is actually 39A in the
ordinance book) & 06-39 (which is actually 37A in the ordinance book) relating to proposed
Amendment 40 related to "term limits" for Supreme Court & Court of Appeals Judges and
Amendment 38 which affects the petitioning process and adversely impacts the governmental
process of Home Rule Municipalities. Discussion ensued and a motion was made. Councilor
Buckley moved to approve Resolution No. 06-36, the motion was seconded and passed
unanimously. Councilor Sipes moved to approve Resolution No. 06-39, the motion was
seconded and passed unanimously. Staff was asked to forward the resolutions to organizations
working on this legislation, etc.
NEW BUSINESS
Norm Wood, Town Engineer, presented the Renewal Energy Purchases proposal to, purchase
energy for a renewable source (wind power electricity) to move Avon into a leadership position
in preserving & enhancing the environment. He noted that staff met with Stephen Casey,
Member Services Supervisor with Holy Cross Energy to review possible options for the use of
more environmentally friendly energy sources for consumption by the Town. He presented
some consumption numbers and noted that a wait list did exist in order to participate in the
program. The funding source was noted as revenues generated from the franchise agreement
with Holy Cross in an amount of about $230K, a new program would be created to track the
numbers. Some discussion ensued about how to enhance this program as well. Councilor
Sipes moved to authorize the purchase of 100% renewal energy through the use of the
community enhancement franchise fees paid by Holy Cross and create a line item in the budget
to track the revenues and expenses. Councilor Buckley seconded the motion and it passed
unanimously. Comments were made regarding how the town might continue in its quest for
being more environmentally friendly with ideas including joining the Canary Initiative, working
with Eagle County with its programs and having Dan Richardson address Council. Staff was
asked to formulate some ideas and potential programs.
UNFINISHED BUSINESS
Scott Wright, Finance Director, presented Resolution No. 06-38, Series of 2006, A Resolution
Establishing an Avon Urban Renewal Authority fund and Adopt a Budget. He noted that the
initial estimate of creating the Avon Urban Renewal Authority, the first urban renewal plan
(including the blight study) and financing plan is $120K; the funding would come from the
General Fund in the form an of operating transfer. This first step allows the Town to property
budget & account for expenditures related to this authority. Wright also noted that Council
would need to address the Sherman and Howard Proposal and Engagement Letter which
outlines the role the special counsel will play in assisting the town in establishing the URA. It
was noted that an agreement could be drafted between the Town & the Authority stating that the
Authority would reimburse the Town the initial setup costs.
Mayor Pro Tern Underwood moved to approve Resolution No. 06-38, A Resolution establishing
an Avon Urban Renewal Authority Fund and adopting a budget for- the Avon Urban Renewal
Regular Council Meeting Page 2 of 3
September 12, 2006
Authority Fund for the calendar year beginning on the first day of January, 2006, and ending on
the last day of December, 2006. Councilor McDevitt seconded the motion and it passed with a
five to one vote (Buckley nay).
Councilor Ferraro moved to authorize the Town Manager to execute the Sherman & Howard
Engagement Letter. Councilor Sipes seconded the motion and it passed with' a five to one vote
(Buckley nay). Councilor Buckley noted that she did not believe tax increment financing was an
option she would choose for financing such a project.
Updates were presented on the railroad crossing & the Eagle County open space committee
actions.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Buckley moved to
adopt the consent agenda; Councilor Ferraro seconded the motion and each item it passed
unanimously.
a. Inter-Mountain Engineering, Ltd. Proposal for Engineering Design Services for Design of
West Beaver Creek Boulevard Storm Drainage Project (Norm Wood, Town Engineer)
b. Wildridge Park Picnic Shelter Change Order No.1 (Norm Wood, Town Engineer) Allows for
the installation of additional electrical controls and improvements to the wooden posts
There being no further business to come before the Council, the regular meeting adjourned.
APPROVED: Deb'
Kristi Ferraro
IN A
Aftai -
Amy Phillips
Brian Sipes
Tamra Uriderwoo
Ron Wolfe
Regular Council Meeting
September 12,.2006
RES CTFULLY SUBMITTED:
"5 4AC,
PattMc enny, Tow Clerk
X
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