TC Minutes 11-14-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 14, 2006
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 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 Nottingham Underwood. Also present were Town Attorney Elizabeth Pierce-Duran,
Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance
Director Scott Wright, Police Chief Brian Kozak, 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 agenda was approved and there was no potential conflict of interests for this meeting.
COMMUNITY INPUT
Howard Leavitt, resident of Wildridge, commented on language related, to the town's dog
ordinances, asking that council consider changing some of the language related to "dogs at
large". Drew Dodd, resident, also commented on the dog ordinance noting that the definition of
dog at large may need to be revised as well. Council expressed support in reviewing suggested
changes staff & the public may be interested in proposing. Mayor Wolfe commented on the
letter submitted by Shannon Overcash' and included in the Council packet. Public Works
Director Bob Reed commented on the fact that including different types of swings on a swing set
can be a safety issue and that is why both types of swings are not together at the park. Reed
would do some research on the topic and then provide follow up on the request.
NEw BUSINESS
Lary Brooks, Town Manager, introduced the Stone Creek Elementary Charter School -
Request for Waiver of Water Tap Fees The Village at Avon, Filing 1, Lot 5. He noted that the
request was that the Town consider waiving or paying for water & sanitary sewer related tap
fees associated with the temporary school facility located on Lot 5. Bill Hammer, President of
the Board,, addressed Council with regard to the following two updates: '
Overall enrollment at the school (181 students) and its at risk enrollment (9% at risk; 6%
special education students) numbers noting the continued problems on enrolling their at
risk students due to transportation/busing & after school issues. A town bus stop located
closer to the school would be helpful; instead it was asked that the school consider
implementing some type of chaperone program
■ Current progress on finding a permanent location, looking at USFS location at Dowd.
Junction, Edwards property owned by ERWSD, and noted that a subcommittee has
been formed to research this topic
Discussion ensued on various topics as follows:
1) the components that make up the tap fee amount and who receives that fee, ERWSD,
EVMD, and TCMD and the request for the deferral of the payment,
2) the term of the current agreement and whether or not the agreement should be
amended to allow for more than a one year lease, this was not supported unanimously
3) the Tap Fee Deferral Agreement submitted by Council Buckley, and which party serves
as the guarantor
4) the amount, term, and date of the restoration bond, (letter of credit for $240K, dated
9/1/06 expires 9/1/07, from Milenium Bank, rent was paid in full).
5) Several scenarios that would provide for deferring the payment, although it was not fully
supported by all members
After much discussion about these items a motion was made. Councilor Ferraro moved to
amend the lease between the Town of Avon and Stone Creek Elementary School, to provide
that the Town will pay the $10,400 tap fee, and that the tap stays with the property and is
credited to the Town's property upon Stone Creek's departure of the premises. Councilor Sipes
seconded the motion and it passed with a four to two vote (Underwood and McDevitt nay).
Brian Kozak,. Police Chief, presented the Intergovernmental Agreement with Eagle County for
Animal Control Service Action, (action requires 2/3 vote for approval). Discussion ensued about
the history of contracting animal control services. The types of services provided were noted
per the memo included in Council's packet; Chief Kozak indicated that a six-month trial period
would be in order for the IGA. It was also noted that a public meeting would be held addressing
this topic to inform the public as to the process of animal control. Councilor McDevitt moved to
approve IGA for Animal Control Service with Eagle County. Town Manager also noted that
contracting this service supplements the current staffing of animal control. Councilor Phillips
seconded the motion and it passed unanimously.
Bob Reed, Transit Director, presented the Intergovernmental Agreement with Eagle County
Regional Transportation Authority ("ECO") Agreement for parking buses, fuel, and maintenance
services. He noted that the agreement was similar to last year's agreement. Councilor Ferraro
moved to approve the IGA with ECO; Councilor Phillips seconded the motion and it passed
unanimously.
RESOLUTIONS
Mayor Wolfe presented Resolution No. 06-42, Series of 2006, Resolution Reappointing C.G.
Allen, III, Municipal Judge. Councilor Phillips moved to approve this resolution; Councilor
McDevitt seconded the motion and it passed unanimously.
PUBLIC HEARINGS FOR RESOLUTIONS No. 06-43 THROUGH 06-46
Scott-Wright, Finance Director, presented the following resolutions:
■ Resolution No. 06-43, Series of 2006, A Resolution Amend the 2006 Town of Avon
Budget
■ Resolution No. 06-44, Series of 2006, A Resolution to Amend the 2006 Town of Avon
Capital Projects Fund Budget
• Resolution No. 06-45, Series of 2006, A Resolution to Adopt the 2007 Town of Avon
Budget
■ Resolution No. 06-46, Series of 2006, A Resolution to Accept the Proposed Town of
Avon Long Range Capital Program And Simultaneously Adopt the Year 2007 Capital
Projects Fund Budget
Several budget highlights were made related to types of existing funds and new funds, fund
balances, total 2007 revenues and expenditures, personnel additions, and brief comments on
future topics on mill levy certification and impact fees. Mayor Wolfe opened the public hearing,
no comments were made and the hearing was closed. Councilor Buckley moved to adopt
Resolutions No. 43 through 46; Mayor Pro Tem Underwood seconded the motion and it passed
unanimously.
Regular Council Meeting Page 2 of 3
November 14, 2006
Scott Wright, Finance Director, presented Resolution No. 06=47, Series of 2006, Resolution
Certifying Delinquent Real Estate Transfer Tax for Collection by the Eagle County Treasurer,
asking for the County Treasurer assistance in helping Avon to collect delinquent real estate
transfer taxes. Mayor Pro Tern Underwood moved to approve Resolution No. 06-47;'Councilor
McDevitt seconded the motion and it passed unanimously.
Jeff Schneider, Engineer, presented Resolution No. 06-48, Series of 2006, A Resolution
Approving the Amended Final Plat, A Resubdivision of Lots 12A and 12B, Block 1, Wildridga,
Town of Avon, Eagle County, Colorado. This was a review of an amended final plat creating
duplex units for 2190A and 2190B Saddleridge Loop. Council comments were made regarding
some technical issues-on the final plat related to the locations of the easement and roof
overhang easement. After further discussion and some suggestions, Mayor Pro Tern
'Underwood moved to table this resolution. Councilor Ferraro seconded the motion and it
passed unanimously.
MAYOR'S REPORT
Mayor Wolfe presented an update on the RICD water rights application.
CONSENT AGENDA
Mayor Wolfe asked for a .motion on the Consent Agenda below. Mayor Pro Tem Underwood
moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed
unanimously.*
a. October 24, 2006 Minutes
b. ' Service Agreement with Vail Associates, Inc. (D.A.R) (Bob Reed, Transit/Public Works
Director) Annual agreement for fleet maintenance
c. Eagle River Recreation Enhancement Project - Ted Seipel Construction, Inc. Contract
Change Order No. 1 (Final) (Norm Wood, Town Engineer) Costs related to the whitewater park
projectand agreed upon in the original contract
d. Town of Avon 2007 Street Improvements Program Summary & Design Services
Proposal from Intermountain Engineering, Inc. (Norm Wood, Town Engineer) Response to
Request for Proposals for 07 street improvements
e. Roundabout 4, Conversion to Full Roundabout - Inter-Mountain Engineering, Ltd, Civil
Engineering Design Services Proposal (Norm Wood, Town Engineer) Proposal to include
plans, costs, specs, bid.& contract documents for conversion of roundabout 4
There being no further business to come before the Council, the regular meeting adjourned at
7:15 PK
CTFULLY SUBMITTED:
-Jl
ttY M ern , own lerk
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 3 of 3
November 14, 2006