TC Minutes 11-11-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 11, 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 6:45 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and
Tamra Underwood. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Director Administrative Service Patty McKenny, Town Engineer Justin Hildreth, Assistant Town
Manager Community Development Eric Heidemann, Police Chief Brian Kozak and Public Works
and Transportation Director Jenny Strehler as well as members of the public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
Mayor Wolfe made one addition to the agenda; to discuss a request for funding on behalf of the
SDAT application as requested by Chris Green. There were no conflicts of interest noted.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tern Sipes moved to
approve the consent; Councilor Underwood seconded the motion and it passed unanimously.
a. Minutes from October 28, 2008
b. Resolution No. 08-48, Series of 2008, Resolution Establishing Procedures for Designating
Authorized Volunteers of the Town of Avon (Patty McKenny, Director Administrative Services)
Adoption of volunteer program procedures as recommended by CIRSA
c. Change Order 002 - Town of Avon Recreation Center Remodel (Shane Pegram, Engineer II)
Review of changes to complete remodel work
NEW BUSINESS
- Greg Daly, Lieutenant, presented the Revisions of the Intergovernmental Agreement for Eagle
County Animal 'Control Services and reviewed the reductions in animal control service due to
personnel and budget shortfalls. There was some concern that there was a reduction in hours
of service but not a reduction in the monthly costs; it was noted that Chief Kozak was concerned
as well about the costs. All agreed that the services have been credible for the police and the
public. The Town Manager preferred to continue engaging the services at the same costs and
the fact that the service is 24 hours and 7 days a week is most valuable. Council asked that
staff present at the next meeting further information about the logic related to the costs. Mayor
Sipes moved to table the IGA until the next meeting; Councilor Phillips seconded the motion and
it passed unanimously.
ORDINANCES
Eric Heidemann, Community Development, presented Ordinance No. 08-10, Series of 2008,
Second Reading, an Ordinance approving Memo of Understanding with NWCCOG for
performing Elevator Inspections on first reading. He noted that the Agreement outlines the roles
of each of the parties as related to the inspection of elevators within the Town of Avon. It was
noted that since this is an IGA a 2/3 vote is required. He noted that through dialogue with the
State & with NWCCOG, the state is acceptable to the services provided by NWCCOG. Mayor
Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor
Underwood moved to approve Ordinance No. 08-10, Series of 2008, Ordinance approving
Memo of Understanding with NWCCOG for performing Elevator Inspections on second reading;
Mayor Pro Tern Sipes seconded the motion and it passed unanimously.
Greg Daly, Lieutenant, presented Ordinance No. 08-11, Series of 2008, First Reading, An
Ordinance Amending Title 10 Of The Avon Municipal Code To Enact A Schedule Of Fines For
Parking Violations, Enact Authority To Boot And Impound Vehicles With Parking Violations, And
Establish A Commercial Core For Increased Parking Fines. He reviewed some of the criteria
used in drafting the parking ordinance revisions to designate a commercial core are in Avon with
the enhanced penalties. The ordinance was drafted with input from the police, judge and
prosecuting attorney to hopefully create legislation that accomplishes the goals identified. After
some discussion about the details in the ordinance a motion was made. Councilor Underwood
moved to approve Ordinance No. 08-11, Series of 2008, First Reading, An Ordinance Amending
Title 10 Of The Avon Municipal Code To Enact A Schedule Of Fines For Parking Violations,
Enact Authority To Boot And Impound Vehicles With Parking Violations, And Establish A
Commercial Core For Increased Parking Fines on first reading with the following three changes
to be made for second reading:
■ Revise the map to include the entire valley floor as the core area
■ Increase fine for disabled parking violation
■ Clarify the violation for parking in two spaces and on the line
Councilor Ferraro seconded the motion and it passed unanimously.
RESOLUTIONS
Shane Pegram, Engineer II, presented Resolution 08-40, Series of 2008, Resolution Approving
the Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4,
Town of Avon, Eagle County, Colorado (228 West Beaver Creek Blvd.). He noted that this Final Plat
resubdivides Lot 37 into two distinct lots, 37A and 37B, and creates a common access
easement. Council asked that the snow storage easements be provided on the final plat.
Mayor Pro Tern Sipes moved to approve Resolution 08-40, Series of 2008, Resolution
Approving the Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek,
Amendment No. 4, Town of Avon, Eagle County, Colorado (228 West Beaver Creek Blvd.).
Councilor Phillips seconded the motion and it passed unanimously.
Scott Wright, Asst. Town Manager Finance, presented the following two resolutions:
■ Resolution No. 08-38, Series of 2008, Resolution approving Town of Avon Public
Employees Money Purchase Pension Plan Amendments. Revisions to plan in order to
comply with the Economic Growth and Tax Relief Reconciliation Act of 2001
■ Resolution No. 08-39, Series of 2008, Resolution approving Town of Avon Police Officers
Money Purchase Pension Plan Amendments. Revisions to plan in order to comply with the
Economic Growth and Tax Relief Reconciliation Act of 2001
A summary of the amendments was made and are consistent with both documents. Councilor
Ferraro moved to approve the above two resolutions; Councilor Phillips seconded the motion
and it passed unanimously.
Scott Wright, Asst. Town Manager Finance, presented the budget resolutions as follows:
■ Resolution No. 08-41, Series of 2008, Resolution to amend the 2008 Town of Avon Budget
■ Resolution No. 08-42, Series of 2008, Resolution to amend the 2008 Town of Avon Capital
Projects Fund Budget
■ Resolution No. 08-43, Series of 2008, Resolution to adopt the 2009 Town of Avon Budget
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08-11-11
Resolution No. 08-44, Series of 2008, Resolution to accept the proposed Town of Avon
Long Range Capital Program and Simultaneously adopt the Year 2009 Capital Projects
Fund Budget
Mr. Wright presented a synopsis of the budgets by outlining the budget process and describing
the inclusion of those items discussed at the retreat related to marketing & community building
activities. The fund balances were reviewed. Some comments were made related to the
construction on Metcalf road to Wildwood road. Councilor Underwood moved to approve the
above four resolutions; Mayor Pro Tern Sipes seconded the motion and it passed unanimously.
Scott Wright, Asst. Town Manager Finance, presented the mill levy resolutions as follows:
Resolution No. 08-45, Series of 2008, Resolution Levying General Property Taxes for the
Year 2008, to help defray the costs of government for the Town of Avon, Colorado, for the
2009 Budget Year
® Resolution No. 08-46, Series of 2008, Resolution Levying General Property Taxes for the
Year 2008, to help defray the Costs of government for the Avon Metropolitan District, Avon,
Colorado, for the 2009 Budget Year
Resolution No. 08-47, Series of 2008, Resolution Levying General Property Taxes for the
Year 2008, to help defray the Costs of government for the Town of Avon General
Improvement District No. 1, Avon, Colorado, for the 2009 Budget Year
Mr. Wright presented a synopsis of the mill levies set for the various funds with a description of
the revenues generated. Councilor Underwood moved to approve the above three resolutions;
Councilor Carroll seconded the motion and it passed unanimously.
OTHER BUSINESS
Ron Wolfe, Mayor, presented and read the Veterans Day Proclamation.
Mayor Pro Tern Sipes moved to approve up to a $1500 for the SDAT Application for the Eagle
River Valley as part of the AIA Colorado West Chapter Program. The motion was seconded
and passed.
TOWN MANAGER REPORT
Larry Brooks, Town Manager, presented an update to the snow dump site arrangement with the
ERFPD. He noted that the Fire District has informed the town that it has received
correspondence from Traer Creek stated the ERFPD use of that property would be jeopardized
by allowing the town to use the site for dumping snow. The Town has responded by citing an
alternative snow dump site, as E. Beaver Creek Blvd. In the meantime, the town has asked for
something in writing from Traer creek supporting that statement.
Eric Heidemann noted that the following items from community development will be presented
in the near future:
Harry A. Nottingham Parks Master Plan on December agenda
■ Joint meeting with P&Z to discuss parcel in Wildridge on December agenda
■ Red house annexation is before P&Z as a public hearing and proposed to be on the
agenda in January or February
Meetings have been held related to the unified land code project
■ Kelly Enright has been appointed to the historic preservation council
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08-11-11
Updates were presented by Larry Brooks on the Eaglebend Affordable Housing Project related
to onsite improvements.
TOWN ATTORNEY REPORT
✓ Traer Creek LLC vs Town of Avon: Mediation on the 5 year vested rights provision topic
scheduled for Thursday, 11/13108
✓ Town of Avon vs TCMD: suit against metro district for non-payments to the town on
various items; follow up action from TCMD has not yet been made.
✓ E. Beaver Creek Blvd Improvements & Agreements: TCMD asked town to defer the
improvements, meeting setup on 11/20/08 to discuss the status of the project.
✓ Discussions have taken place about the water tank project
✓ Discussion related to Nottingham-Puder Ditch as described at the work session
Mayor Wolfe noted that the Eagle County Open Space Advisory Committee recommended
helping to fund the land trade transaction; the topic would go before the County commissioners
on November 18th.
There being no further business to come before the Council, the meeting was adjourned at
8:15 PM.
RESPECTFULLY SUBMITTED:
F3 c
Patty McKenn , own Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwo
Ron Wolfe
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