TC Minutes 10-27-2009MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 27, 2009
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One
Lake Street, 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, Buz Reynolds
and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Director Administrative Services Patty McKenny, Town Engineer Justin Hildreth, Planning
Manager Matt Gennett, Assistant Town Manager Finance Scott Wright, Police Chief Brian
Kozak, and Public Works and Transportation Director Jenny Strehler as well as members of the
public.
INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
Mayor Wolfe noted that both b) and c) under the Consent Agenda would be considered as New
Business in order that further Council discussion take place.
b. Resolution No. 09 -28, Series of 2009, Resolution Consenting to Upper Eagle Regional
Water Authority Increase in Base Rate (Eric Heil, Town Attorney)
c. Change Order 01- Felsburg Holt & Ullevig (Justin Hildreth, Town Engineer) Request
additional monies for consultant related to scope change on Comprehensive Transportation Plan
It was also noted that Justin Hildreth would be presenting Ordinance No. 09 -17 instead of Jenny
Strehler.
Community & Citizen Input
✓ Bob Doyle, Bob's Place Avon, noted his support of the construction of a Nottingham
Park Pavilion.
✓ Roger Benedict, Business Owner & ABA, noted the ABA's support of the pavilion.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Town Attorney noted that there are no items that would require disclosures.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tern Sipes moved to
approve the consent agenda as amended; Councilor Ferraro seconded the motion and it
passed unanimously.
a. Minutes from October 13, 2009
ORDINANCES
Justin Hildreth, Town Engineer, presented Ordinance No. 09 -15, Series of 2009, Second
Reading, Ordinance Approving the Water Easement to Upper Eagle River Water Authority,
Tract A, Riverfront Subdivision. Staff noted that the ordinance is for granting a water line
easement to the Upper Eagle River Water Authority for a water line that was constructed as part
of the Riverfront Subdivision. Town Attorney Eric Heil had suggested that the easement be
done by a quit claim deed; it was noted that the UERWA Board had not yet adopted those
changes in language. Justin Hildreth noted that staff recommended a tabling of the ordinance
so that UERWA could have additional time need to approve the language. Mayor Wolfe opened
the public hearing, no comments were heard, and the public hearing was closed. Councilor
Carroll moved to table Ordinance No. 09 -15, Series of 2009, Second Reading, Ordinance
Approving the Water Easement to Upper Eagle River Water Authority, Tract A, Riverfront
Subdivision. Councilor Phillips seconded the motion and it passed unanimously.
Matt Gennett, Planning Manager, presented Ordinance No. 09 -16, Series of 2009, First
Reading, Ordinance approving the Court at Stonebridge, PUD Tract B, Eaglebend Subdivision,
Filing # 3 to allow Short term Rental Use, Town of Avon, Eagle County. He noted that the
ordinance addresses the Amendment to the Court at Stonebridge PUD allowing for Short Term
Rentals. Matt Gennett presented an overview on the application. Town Attorney Eric Heil
clarified the public hearing requirement for ordinances and for zoning changes. He noted that
the ordinance was simple and straightforward and that debates might occur on second reading
and after P &Z has received the application. Council asked that the full application be presented
to them on first reading. Tyson Kennedy, property owner at Stone Bridge answer questions and
noted that of 19 voters, 17 were reached; 3 were not reached and all were in favor of the short
term rental use. The ordinance would be considered by Planning & Zoning Commission on
November 3, 2009 and back to the Town Council on November 10, 2009 for a public hearing
and final vote. Councilor Reynolds moved to approve Ordinance No. 09 -16, Series of 2009,
First Reading, Ordinance approving the Court at Stonebridge, PUD Tract B, Eaglebend
Subdivision, Filing # 3 to allow Short term Rental Use, Town of Avon, Eagle County. Councilor
Ferraro seconded the motion and it passed unanimously.
Justin Hildreth, Town Engineer, presented Ordinance No. 09 -17, Series of 2009, First Reading,
Ordinance Amending Chapter 12.16 of the Avon Municipal Code. He noted that the ordinance
included amendments to clarify several terms and setting forth definitions regarding sidewalks.
Discussion ensued on the burden it places on those property owners who abut the sidewalks
and the ditches and those on the downward slope who don't have any burden, in essence the
equity piece of the repair and maintenance of such property. It was also suggested to address
public pathways; Town Attorney noted that such applicability would not necessarily apply to
private property pathways. It was noted that the map would be very important to the
enforcement of the legislation; it would be submitted for second reading. Councilor Ferraro
moved to approve Ordinance No. 09 -17, Series of 2009, First Reading, Ordinance Amending
Chapter 12.16 of the Avon Municipal Code with some minor changes as follows:
Abutting property owner means the owner of property abutting a public right -of -way or easement
area which contains (1) a sidewalk with the right of access for the general public, a(2) an open
storm drainage ditch, or (3) a driveway culvert which serves the a tiagsuch property."
Councilor Phillips seconded the motion and it passed unanimously.
NEW BUSINESS
Councilor Carroll noted some questions related to the Change Order 01- Felsburg Holt & Ullevig,
a change which was a request for additional monies for the consultant related to scope change
on the Comprehensive Transportation Plan. Justin Hildreth, Town Engineer, answered some
questions about the scope change as it related to the extra meetings and document changes;
he noted that staff reviewed their requests and verified the amounts being considered by the
council as appropriate. All agreed that there was the need for additional dialogue between P &Z
and the council as to the purpose of the document. This realistically led to some of the scope
changes and thus the financial impacts. Councilor Phillips moved to approve the Change Order
01 for Felsburg Holt & Ullevig; Councilor Carroll seconded the motion and it passed
unanimously.
Councilor Sipes stepped down at this time due to conflict of interest. Town Manager Larry
Brooks presented the topic on the Professional Services Agreement to Vag, Inc. for Design of
Harry A. Nottingham Park Pavilion and noted that additional information that was asked of staff
would need to be presented at the next meeting, i.e. matrix of the proposals submitted. He
noted that the item be tabled until the next meeting at which time staff would have ample time to
compile information on both proposals. There was some clarification on the costs related to the
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design work on the pavilion after removing the promenade portion of the project as decided on
at the council budget retreat. Discussion ensued about some of the following concerns:
➢ Ability to pay for both the design and the construction
➢ Conversations had by the pavilion committee about its mission
9 Size of the stage
➢ Requests that the area be staked
➢ HVAC and electrical supply needs
➢ Annual operating expenses
➢ Pavilion Programming
Councilor Reynolds moved to table the award of the design contract at this time until further
information is received at the next council meeting. Councilor Dantas seconded the motion and
it passed unanimously.
RESOLUTIONS
Mayor Wolfe presented Resolution No. 09 -28, Series of 2009, Resolution Consenting to Upper
Eagle Regional Water Authority Increase in Base Rate. It was noted that Becky Bultemeier,
ERWSD, Customer and Financial Services Manager, presented Upper Eagle Regional Water
Authority's Proposed Base Rate and Plant Investment Fee Increase for January 2010 at the last
meeting on October 13, 2009. She explained that the UERWA proposed January 2010 rate
increase of $3.91 /SFE (or 9% increase in average customer bill) and 3% increase in plant
investment fee rates. Further discussion ensued on the topic with some suggested changes
made to the resolution that would approve the increase to only pay the 2009 Revenue Bond
indebtedness. Councilor Dantas moved to approve Resolution No. 09 -28, Series of 2009,
Resolution Consenting to Upper Eagle Regional Water Authority Increase in Base Rate with the
following changes to the resolution:
1. Delete language in the first "Whereas" to read: Whereas, the Board of Directors of the
Water Authority have proposed a Base Rate Increase to accommodate the payment of
Debt Service on the proposed Series 2009 Revenue Bonds, and possibly ethei; future
bends (the "BeRd6")
2. Include language in #1 — to read: The proceeds from the Debt Service Base Rate shall
be solely for debt services payments on the Series 2009 Revenue Bonds.
Councilor Carroll seconded the motion with the changes and the motion passed with a roll call
vote.
TOWN MANAGER REPORT
Larry Brooks, Town Manager, noted that he would be attending CAST this week.
MAYOR REPORT
Mayor Wolfe provided updates on the following topics:
✓ ECO Transit Meeting
✓ Multi Party Land Exchange
✓ Eagle County School District Update on use of Battle Mountain
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There being no further business to come before the Council, the regular meeting adjourned at
7 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Rey
Brian Sipes
Ron Wolfe
RESPECTFULLY SUBMITTED:
9!! y
Patty McKen own Clerk
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