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TC Minutes 02-12-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 12, 2008 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 6 PM. A roll call was taken and Council members present were Rich Carroll, Kristi Ferraro, Amy Phillips, Brian Sipes and Tamra Nottingham Underwood. Dave Dantas was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann, Public Works/Transportation Director Jenny Strehler, and Community Relations Officer Becky Lawlor as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Mayor Wolfe noted that the climate action plan was added to unfinished business since the topic was not fully discussed during the work session. Town Attorney John Dunn asked if there were any ex parte conversations related to the appeal by David Forenza; none were noted. COMMUNITY INPUT Bobby Bank, resident of Avon, commented on another piece of Village at Avon PUD correspondence he recently received. He noted that it was impossible for citizens to comment on this project with all the delays. He requested that the public have more input on this project. He again asked if and where the plan was for the project. ORDINANCES Dee Wisor, Sherman & Howard, presented Ordinance No. 08-02, Series of 2008, First, Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special Districts. He noted that the proposed Ordinance would amend Chapter 18.01 to state that any special district that includes residential property may not impose a mill levy greater than 50 mills and that any special district that does not include residential property may not impose a mill levy greater than 50 mills without demonstrating to the satisfaction of the Council that a greater mill levy is required. He addressed the fact that most developer's prefer to see a "cap" as a form of protection. Councilor Phillips moved to approve Ordinance No. 08-02, Series of 2008, First, Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special Districts. Councilor Ferraro seconded the motion and it passed unanimously. Randy Funk,, Sherman & Howard, presented Ordinance, No. 08-03, Series of 2008, First Reading, Ordinance Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot Question Concerning the Approval of an Amendment to the Home Rule Charter of the Town of Avon; Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto. He noted that the ordinance would submit an election question to the town's electors asking them to amend the charter so that an election is no longer required for town land transactions. Councilor comments were heard regarding the topic; Councilor Dantas thought the sale of land should be left to the decision of the voters; he supported the question be submitted to the voters however did not support the revision to the charter. Councilor's Ferraro and Phillips supported the effort in light of providing more opportunities to the town to create a more viable community. It was also noted that what is being presented is a prevailing matter in Colorado. Some comments were made about the town issuing a factual statement. Councilor Carroll moved to approve Ordinance No. 08-03, Series of 2008, First Reading, Ordinance Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot Question Concerning the Approval of an Amendment to the Home Rule Charter of the Town of Avon; Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto. Councilor Ferraro seconded the motion and it passed with a five to one vote (Dantas nay). RESOLUTIONS Dee Wisor, Sherman and Howard, presented Resolution No. 08-06, Series of 2008, A Resolution Concerning The Avon Urban Renewal Authority And Its Tax Increment Adjustable Rate Revenue Bonds (Town Center West Area Urban Renewal Project), Series 2008; Authorizing And Directing Actions By The Town Manager With Respect To The Preparation Of Requests To The Town Council For Appropriation Of Funds For The Replenishment Of Certain Funds Pertaining Thereto; Authorizing The 2008 Cooperation Agreement And Reimbursement Agreement; And Other Actions Taken By The Town In Connection Therewith. He noted that this resolution, if approved, authorizes the Town entering into (i) the Amended and Restated Cooperation Agreement between the Town and the Authority, and (ii), authorizes the Town executing and delivering the Reimbursement Agreement between the Town, the Authority and DEPFA Bank, who is providing the letter of credit for the Bonds. This Replenishment Resolution also expresses the Town's non-binding intent to replenish the bond reserve fund if the Authority ever needs to use the reserve fund to pay for the bonds. The Town's obligations under the Replenishment Resolution are subject to annual appropriation. Some discussions ensued on the moral obligation required on the financing. Councilor Underwood moved, to approve Resolution No. 08-06, Series of 2008, A Resolution Concerning The Avon Urban Renewal Authority And Its Tax Increment Adjustable Rate Revenue Bonds (Town Center West Area Urban Renewal Project), Series 2008; Authorizing And Directing Actions By The Town Manager With Respect To The Preparation Of Requests To The Town Council For Appropriation Of Funds For The Replenishment Of Certain Funds Pertaining -Thereto; Authorizing The 2008 Cooperation Agreement And Reimbursement Agreement; And Other Actions Taken By The Town In Connection Therewith. Councilor Dantas seconded the motion and it passed unanimously. NEW BUSINESS Don Cohen, Eagle County Economic Council, presented the Housing Action Team / Economic Council of Eagle County Request for Funding of 2008 Work Plan He spoke about the details of the 2008 work plan and noted that the formula calculated Avon's funding portion at $8200. Discussion ensued about the groups involved as being directed by two different boards; there has been some discussion about dissolving the economic council board. If approved, the funds would need to be appropriated through a budget amendment. It was noted that there has been support of the HAT by the public sectors of Eagle County. Council supported funding the work plan for 2008. Jenny Strehler, Public Works and Transportation Director, introduced the appeal by David Forenza to the Avon Town Council related to the Revocation of Right-of-Way Use Permit No. 07-41. She made a review of the ongoing incident with David Forenza related to the violation and revocation of the right of way permit / Lot 69, Block 4, 5351 Ferret Lane. She explained the purpose of the documents included in the packet and spoke about the meetings held with him to explain the conditions of the permit. It was noted that the permit was no longer valid. After a review of the timeline, Mr. Forenza addressed the Council. David Forenza, 2019 Beaver Creek Point, noted that he was new to the construction process. He read a statement that he was Regular Council Meeting Page 2 of 3 08-02-12 unjustly served the revocation of the right of way permit and explained his perspective of the matter. Larry Brooks, Town Manager, and Eric Heidemann, Assistant Town Manager both addressed the items related to the situation. Mr. Brooks added that the town- has not and will not retaliate in response to Mr. Forenza's claim that he wasn't sure he wanted to attend the meeting in fear of retaliation. Council commented on the appeal with Councilor Sipes' upholding the position of staff. The Town Council was unanimous in its support of upholding the $500 fine to Mr. Forenza as well as supporting the premise of the fine. UNFINISHED / OLD BUSINESS Matt Gennett, Planning Manager, presented a Resolution to amend the 2006 Town of Avon's Comprehensive Plan, to establish Attainable Housing Policies. The proposal was to amend the Housing (F) topic area which adds detail to the provision of attainable housing unit amounts and types. The additional detail. includes references to calculation for Residential and Commercial linkage tied to new development. A review of the amendment procedures was explained and staff requested that council remand, the resolution to the planning and zoning commission to review. Some council suggestions were made to the policies. Jenny Strehler, Public Works and Transportation Director, led further discussion about what actions the council would support related to reducing the town's carbon footprint in the Climate Action Plan. There was support to reach goals as related to the recreation center. It was suggested 2009 budget cycle be used as the venue to receive formal recommendations from staff, especially those which have funding implications. TOWN ATTORNEY REPORT John Dunn noted that a draft plan for the exclusion of Eaglebend residents from Eagle Vail Metro District will be on the agenda in the near future. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro moved to-adopt the consent agenda that included the minutes of January 22, 2008; Councilor Underwood seconded and the motion passed unanimously. There being no further business to come before the Council, the meeting was adjourned at 8:30 PM. RESPECTFULLY SUBMITTED: 2altv awn Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwc Ron Wolfe Regular Council Meeting Page 3 of 3 08-02-12