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TC Minutes 03-27-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 27, 2007 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 Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Jeff Schneider, 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 Changes-to agenda included the following: 1. Add discussion about next council meeting 2. Move discussion on Nottingham Cottages PUD after item #5. It was noted that there was nothing on the agenda that would require a disclosure of potential conflict of interest. CITIZEN INPUT Ronda Niederhauser presented the final version of the Avon Business Association Walking Map. She noted that ABA would like the Town's blessing prior to printing. Council asked that the rodeo series be included and revisions to bus routes which reflected summer schedule. OLD BUSINESS Bob Morris, County Attorney's Office, presented the Agreement between the County of Eagle, State of Colorado and the Town of Avon related to McGrady Acres PUD and Nottingham Cottages PUD. Further consideration of the IGA was taken by Council as requested by Eagle County. Resolution No. 07-02 approved an Agreement between governments that stipulates how the Town and Eagle County treat Tract B as part of the Nottingham Cottages PUD / approved February 27, 2007. He noted that a draft of the agreement included a veto power of the amendment of the PUD; the county was not necessarily ready to accept that preference. The owners of the PUD will intend on trying to annex into Avon. at some date. Revisions were suggested and accept in 4 A) & 4 B) of the agreement Councilor Ferraro moved to amend the approval of Resolution No. 07-02, to incorporate changes into the IGA between Town of Avon & Eagle County to provide revisions as follows: Paragraph 4: A) the Town shall have the right for review of any proposed further amendment that affects Tract B, and the County will not approve a further amendment affecting B, -directly or indirectly, or impacting Nottingham Ranch Rd or William J. Post blvd., without written consent to such an amendment by the Town; B) the County will not approve a further amendment that affects directly or indirectly, the Nottingham Cottages PUD or impacts Nottingham Ranch Road or William J. Post Blvd, without first obtaining the Town's comments on such further amendment and giving full consideration to any possible direct or indirect impacts of such amendment on the Town. Councilor Dantas seconded the motion and it passed unanimously. ORDINANCES John Dunn, Town Attorney, presented Ordinance No. 07-03, Series of 2007, First Reading, Ordinance Amending the Municipal Code of the Town of Avon Relating to General Penalties to Set Forth the Procedures for Prosecution of Civil Infractions; to Identify Penalties for Civil Infractions; to Identify Violations of The Municipal Code to be Designated as Civil Infractions; and Providing Details in Connection Therewith. He summarized that the proposed revisions to Avon's Municipal Code related to procedural requirements for charging and proving civil infractions. He noted that currently with violations the person must attend Court. In case of home rule municipalities, that does not have to be true with all violations; there could be a selection of violations that could be considered as a civil infraction, this matter has been under study by the legal subcommittee = concept originated with council comments regarding policing developments. He also noted there were a number of ordinances where it made sense to de criminalize . certain violations and the ordinance allows for that as follows: 1) Building code violations, 2) Zoning Code violations, 3) Obstruction of a railroad crossing by the railroad, 4) Violation of the refuse ordinance, 5) Violation of the pawn broker ordinance, 6)Failure to obtain an amplified sound permit, business license, pay accommodations taxes He explained the difference to the process made with the proposed resolution, a result that will hopefully simplify the process. After some further discussion, a motion was made. Councilor Ferraro moved to approve Ordinance No. 07-03, Series of 2007, First Reading, Ordinance Amending the Municipal Code of the Town of Avon Relating to General Penalties to Set Forth the Procedures for Prosecution of Civil Infractions; to Identify Penalties for Civil Infractions; to Identify Violations of The Municipal Code to be Designated as Civil Infractions; and Providing Details in Connection Therewith with the approval of including a chapter that decriminalized public nuisance violations as recommended by the Town Attorney. Councilor Phillips seconded the motion and it passed unanimously. RESOLUTIONS Scott Wright, Assistant Town Manager, presented Resolution No. 07-11, Series of 2007, Resolution to amend the 2007 Town of Avon Capital Projects Fund Budget. He noted that the amendment is related to revisions to the Capital Project Fund related to scope of work changes & project redirections and reviewed the changes to the budget. Questions were raised related to the increased costs of various engineering projects; Jeff Schneider, Engineer, noted the reasons for some of the high costs as related to recent immigration rules, restrictions related to the type of business that are bidding, there is so much business in the valley to be had. Mayor Wolfe noted that the Town was doing a good job of balancing the projects with the dollars and that the favorable fund balance allows the town the ability to construct the proposed projects. Some suggestions were made as to how to obtain future bids for projects. Councilor Phillips moved to approve Resolution No. 07-11, Series of 2007, Resolution to amend the 2007 Town of Avon Capital Projects Fund Budget. Mayor Pro Tern Sipes seconded the motion and it passed unanimously. Jeff Schneider, Engineer, presented Resolution No. 07-12, Series of 2007, Resolution Authorizing the Town of Avon to enter into an Intergovernmental Agreement with the State Department of Transportation, Division of Transportation Development, for the Provision of Strategic Transit Project. He noted that the Resolution approves a grant agreement through which the awarded Senate Bill 1 monies will be received to fund the construction of the Avon Transit Center ($2.1 M). History of the project and improvements to be made were noted. Mayor Pro Tern Sipes moved to approve Resolution No. 07-12, Series of 2007, Resolution Regular Council Meeting Page 2 of 4 March 27, 2007 Authorizing the Town of Avon to enter into an Intergovernmental Agreement with the State Department of Transportation, Division of Transportation Development, for the Provision of Strategic Transit Project. Councilor Underwood seconded the motion and it passed unanimously. John Dunn, Town Attorney, presented Resolution No. 07-13, Series of 2007, A Resolution Further Modifying a Milestone for Completion of Construction of the Gates on Beaver Creek, Formerly The Chateau St. Claire Planned Unit Development. It was noted that the matter was tabled by council at the last meeting extending the milestone to today, 3/27/07, further negotiation has been completed. He reviewed the Memo of Understanding & Resolution related to negotiations between the Town & developer CSC of the Gates project for modifying a construction milestone noting that this has been a continuing negotiation on this project. Discussion ensued, about a minor change to paragraph 2 of MOU and paragraph 2 of resolution and was related to the question about if the project did not receive approval of the 2nd amendment to the PUD, would the developer be in default again? After further discussion and minor revisions agreed to, Councilor Ferraro moved to approve Resolution No. 07-13, Series of 2007, A Resolution Further Modifying a Milestone for Completion of Construction of the Gates on Beaver Creek, Formerly The Chateau St. Claire Planned Unit Development. Councilor Phillips seconded the motion and it passed with a five to one vote (Dantas nay). Councilor Dantas noted that he was not comfortable with this action as a result of a developer only missing a construction milestone; he did not believe it was justifiable action in light of the fact that the town was not losing any revenues. UNFINISHED / OLD BUSINESS Scott Wright, Assistant Town Manager, presented the transit financial Impacts related to the proposed. transportation scenarios and the impacts on the general fund, which include the expenditures related to the addition of the community relations position. He noted the net subsidies associated with each scenario. It was noted that discussion would help formulate the budget amendment, which would follow at the next meeting. Discussion ensued on some of the following topics: the capital expenditure being made for the purchase of a bus and that cost coming out of general fund instead of equipment replacement fund. The use of outside resources for public relations and,stay within the budget ■ Urban Renewal Authority financial overview and potential impacts to budget Ask private business community to step forward & help support bus service The reason for changing the service level a as directly related to the lack of funding from the new development, Village at Avon. The group could increase the sales fee / the formation of a transit district as requested by the business community. ■ Changing to a user charge for bus service; comments were made as to why this would not work with Avon's smaller bus system ■ Those who use the bus should pay / business community ■ Council comments included some of the following: ■ Move to pre-village service levels & afford it Support community relations position @ part-time status OTHER BUSINESS Mayor Wolfe reviewed with Council who would attend the April 10th meeting; three members would not be in town and a motion was made by Mayor Wolfe to cancel the Regular Avon Council Meeting on April 10th; Councilor Carroll seconded the motion and it passed Regular Council Meeting Page 3 of 4 March 27, 2007 unanimously. Town Manager Larry Brooks noted that a special meeting next week might be in order if contracts from the railroad are received. TOWN MANAGER REPORT Town Manager Brooks noted that the Railroad attorney has indicated that the Town will receive its crossings materials in the very near future. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to adopt the consent agenda with the option to make a change order related to street improvements on Wildrige Road West; Mayor Pro Tern Sipes seconded the motion and it passed unanimously. a. Minutes from March 13, 2007 b. Eaglebend Drive/Stonebridge Road Streetscape Improvements, B&B Excavating, Construction Contract Award/B&B contract for streetscape improvements on above referenced streets c. Eaglebend Drive/Stonebridge Road Streetscape Improvements, Ground Engineering Consultants, Geotechnical Services Award/Services for geotechnical testing / required as part of CDOT enhancement grant d. 2007 Streetscape Improvements, Construction Contract Award/B&B Contract for streetscape improvements on W. Beaver Creek Blvd., Wildridge Roads East & West e. Benchmark Road/Avon Road Roundabout 4 Full Conversion - Award Construction Contract/B&B contract for demolition, reconstruction of existing % roundabout into a full roundabout that will full traffic circulation f. Benchmark Dam Tree Root Excavation Construction Contract Award - B&B Excavating/Proposal to remove the tree's root system located near the service spillway g. Avon Transportation Center, Deed of Easement Lot 1, A Resubdivision of Lot 61, Block. 2, Benchmark at Beaver Creek/Review of deed of easement from Wyndham Vacation Resorts for use of Lot 1 as construction staging area during transit center construction Council's request was made to include pedestrian improvements long range plans on a map & include that in the next council meeting packet. There being no further business to come before the Council, the regular meeting adjourned at 8:30 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwoo Ron Wolfe Regular Council Meeting March 27. 2007 Page 4 of 4