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TC Minutes 11-28-2006MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 28, 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. Patty McKenny, Town Clerk, noted that the November 7, 2006 election results were certified by Eagle County Clerk & Recorder Teak Simonton and welcomed the newly elected Council Members: Ron Wolfe, David Dantas, Brian, Sipes, Richard Carroll. Buck Allen, Municipal Judge, was present to swear in the newly elected Council Members. Mayor Wolfe nominated Mayor Pro Tem Underwood to conduct business related to the election of the new Mayor & Mayor Pro Tem; the motion was seconded and approved unanimously. Mayor Pro tern Underwood called the meeting to order with a roll call vote and the following members were present: Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips,. Brian Sipes, and Ron Wolfe. Councilor Sipes moved to nominate Ron Wolfe as Mayor; Councilor Ferraro seconded the motion and it passed unanimously. After counting votes, it was decided that Ron Wolfe would remain the Mayor of Avon. Councilor Ferraro moved to nominate Brian Sipes as Mayor Pro Tem. Ron Wolfe moved to nominate Tamra Underwood as Mayor Pro Tem; she declined the nomination. Councilor Phillips seconded the nomination of Brian Sipes and the motion passed unanimously. After counting votes, it was decided that Brian Sipes would serve. as the new Mayor Pro Tem of Avon. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, 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 with the following additions: discussion of the fund balance reserve policy at the time of consideration of Resolution No. 06-52, consideration of a letter to Village at Avon appointing Avon's representative to their Design Review Board, address the Eagle County's legislation related to the seat belt law. Town Attorney John Dunn noted there were no quasi-judicial matters on the agenda that would include a potential conflict of interests for this meeting. RESOLUTIONS 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, Wildridge, Town of Avon, Eagle County, Colorado. He reviewed the amended final plat creating duplex units for 2190A and 2190B Saddleridge Loop and noted that the item was tabled at the November 14th meeting due to some concerns about locations of easements and technical corrections. Some language was drafted as a plat note to address the concerns and would be added at a later date. Applicant Chadd Ziegler, owner of the property, spoke about the common property and questions related to the easement. He would contact surveyors about moving lot lines and continue to work with staff to resolve the concerns. After some further discussion, Mayor Pro Tem Sipes moved to approve Resolution No. 06-48, Series of 2006, A Resolution Approving the Amended Final Plat, A Resubdivision of Lots 12A and 12B, Block 1, Wildridge with the suggested technical corrections. Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. Mayor Wolfe read both Resolution No. 06-49, Series of 2006, A Resolution in Appreciation of Debbie Buckley and Resolution No. 06-50, Series of 2006, A Resolution in Appreciation of Mac McDevitt. Councilor Underwood moved to approve Resolution No. 06-49; Councilor Phillips seconded the motion and it passed unanimously. Councilor Underwood moved to approve Resolution No. 06-50; Councilor Ferraro seconded the motion and it passed unanimously. Mayor Wolfe presented Resolution No. 06-51, Series of 2006, A Resolution approving an Amendment to a Lease between the Town of Avon and Stone Creek Elementary School and noted that several ideas have been raised by the Town Manager and other council members regarding the relationship with Stone Creek Elementary School. Larry Brooks commented on the fact that there is some confusion over the tap fees components and understanding the term of the agreement. It was suggested that Council invite the Stone Creek Elementary School Board members to a work session to discuss topics that might alter the agreement as well as long-range topics, such' as the proposed permanent location. Brooks also suggested tabling this, amendment until a later date so that further conversations might identify additional amendments, to the agreement. Bill Hammer, President of the School Board, thought it might be a good idea; some discussion took place about the status of the school board, and the vacancies that exist at this time. A great deal of discussion ensued on the tap fees and how to handle payment of the fees some of which focused on'the following points: ✓ Why the town might cover the fees at this time; pay now since the costs of the' fees will be escalating into the future ✓ The taps will stay with the property ✓ What are town's plans for the property and when might that happen Becky Boltmeier from Eagle. River Water Sanitation District was present to answer some questions; she noted that the District has received payments and that the rate for 2006 will not increase. All Council member supported meeting with the Stone Creek Board to discuss some of the following items: ✓ Work session in January to discuss needs & expectations of the school ✓ Extension of term of lease ✓ Future planning for vacating site ✓ Potential payment of tap fee Councilor Underwood moved to table Resolution No. 06-51, Series of 2006, A Resolution approving an Amendment to a Lease between the Town of Avon and Stone Creek Elementary School. Mayor Pro Tern Sipes seconded the motion and it passed unanimously with a roll call vote. Scott Wright, Finance Director, presented Resolution No. 06-52, Series of 2006, A Resolution to adopt A Fund Balance Reserve Policy for the Town of Avon General Fund. He reviewed the proposed fund balance policy, and noted that it was a result of staff discussions and analysis of fund balance policies used by other similar communities as well as recommendations made by the Government Finance Officers Association. The recommendation was 35% fund balance or four months of operation. Wright presented the calculation of the services amount based on some of the following items: Base reserve, sales tax / tourism=based economy, major sales tax payer, tabor emergency reserve and other contingencies. He reviewed some ratios as well as the breakdown of what the reserves would look like. Town Manager Brooks noted that he had been reviewing and supportive of taking such measures for the Town. Regular Council Meeting Page 2 of 4 November 28, 2006 Mayor Pro Tern Sipes moved to approve Resolution No. 06-52, Series of 2006, A Resolution to adopt A Fund Balance Reserve Policy for the Town of Avon General Fund with a revision in the second paragraph of the policy - including "an amount targeted to be equal to 35%...."". Councilor Ferraro seconded the motion and it passed unanimously with a roll call vote. NEW BUSINESS Norm Wood, Town Engineer, presented the information for the Town of Avon Municipal Building Expansion and the selection of a General Contractor/Construction Manager. Wood reviewed two proposals for construction services and the respective rates of the proposals. He described both companies, which were very different in size and type of work they undertake. Staff recommended McBoyd Builders for this project. Councilor Underwood moved to approve the contract with McBoyd Builders, Inc. for the Town of Avon Municipal Building Expansion. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. OTHER BUSINESS Mayor Wolfe presented the topic of appointing a current planning & zoning member to the Village at Avon Design Review Board. He noted that the P&Z Commission unanimously approved Chris Green and then asked for a motion from Council. Councilor Underwood moved to appoint Chris Green to the Village at Avon Design Review Board; Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. Mayor Wolfe asked that a letter be forwarded to Traer Creek with the appointment. Mayor Wolfe noted that Eagle County recently passed legislation addressing the wearing of seat belts; it will be effective January 2007. Both Town Manager Brooks and Police Chief Kozak addressed the topic with the following comments: ✓ Not comfortable with seat belt law that is not a primary law statewide ✓ Difficult to enforce with roads-falling within various jurisdictions, it would be complicated to the visitor / and resident ✓ It currently applies to only Eagle County roads ✓ It is a secondary offense statewide TOWN ATTORNEY REPORT John Dunn, Town Attorney, commented on the decision of the Colorado Court of appeals, which reversed the District Court's decision related to the Cassidy Sales Tax issue. The decision included that a municipality's sales tax liability is senior to that of Weststar Bank; he noted that it was an important case for all home rule municipalities. MAYOR'S REPORT Mayor Wolfe reported on the RICD hearing that was conducted a week ago, noting that the recommendation was that the water rights be granted. He reviewed the findings of the 'application process. Norm Wood commented on who objected to the application. Wolfe also commented on the ECO Transit Board's long-term planning efforts and asked if a representative could address Council with some of the results. It was noted that Beaver Creek hosts the annual World Cup / Birds of Prey this weekend. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda, which included only the minutes from November 14, 2006. Mayor Pro Tern Underwood moved to adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. Regular Council Meeting Page 3 of 4 November 28, 2006 There being no further business to come before the Council, the regular meeting adjourned at 7:30 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 November 28, 2006