TC Minutes 02-09-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 9, 2010
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,
Assistant Town Manager Management Services Patty McKenny, Town Engineer Justin Hildreth,
Assistant Town Manager Finance Scott Wright, Police Chief Brian Kozak, Assistant Town
Manager Community Development Sally Vecchio and Public Works and Transportation Director
Jenny Strehler as well as members of the public.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Town Attorney Eric Heil noted a conflict of interest for Councilor Ferraro for the Red House
documents under Resolution & Ordinances; it was noted she would step down at that time.
COMMUNITY INPUT
a. Channel 5 Programming Updates, JK Perry, Executive Director, Channel 5, reviewed several
programming changes with Channel 5
b. "Project Graduation" for Eagle Valley High School: Request for Funding (Gerry
Sandburg), and while the Council supported the project, the economic situation would
prevent the town from donating funds to this event.
AVON POLICE AWARDS PRESENTATION
Brian Kozak, Police Chief, made a presentation of awards to police officers for exceptional
performance on November 7, 2009. Chief Kozak was then presented a plaque from the Avon
Police Department for his leadership and direction of their department. Chief Kozak takes the
police chief position in Cheyenne, WY the first of March.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tern Sipes moved to
approve the consent agenda; Councilor Ferraro seconded the motion and it passed
unanimously.
a. Minutes from January 26, 2010
b. Proposed Decree for Water Division No, 5 Case No 09CW28 (Justin Hildreth, Town
Engineer) Review proposed stipulation consenting to the ruling on the court case included as
Exhibit B
APPEAL TO TOWN COUNCIL ON LICENSING APPLICATION
Appeal by Amigo Towing to Review the Town Clerk's Decision to Deny a Vehicle
Impoundment License to Provide Towing Services for the Avon Police Department
Elizabeth Pierce Durance, Prosecuting Town Attorney, and Patty McKenny, Assistant Town
Manager, presented the application submitted for consideration on the issuance of a towing
license to Amigo Towing and the decision to deny the license. Mr. Rudy Nevarez requested the
reason for his appeal to the Town Council and noted that his business has been operating in
Avon for many years. Police Chief Brian Kozak then presented his recommendation for denial
and the reason that supported his decision. After some further discussion, Councilor Phillips
moved to uphold the Town Clerk's decision to deny the towing license for Amigo Towing;
Councilor Ferraro seconded the motion and it passed unanimously.
ORDINANCES
Ordinance No. 10 -02, Series of 2010, First Reading, Ordinance Adopting the 2009 International
Building Code by Reference and Repealing and Amending Title 15 of the Avon Municipal Code
in its Entirety. It was noted that this ordinance was an Adoption of the most recent Building
Codes. Mayor Pro Tern Sipes moved to approve Ordinance No. 10 -02, Series of 2010, First
Reading, Ordinance Adopting the 2009 International Building Code by Reference and Repealing
and Amending Title 15 of the Avon Municipal Code in its Entirety. Councilor Carroll seconded
the motion and it passed unanimously. It was noted that a public hearing would be held at the
February 23, 2010 meeting.
Matt Gennett, Planning Manager, presented Ordinance No. 10 -03, Series of 2010, First
Reading, Ordinance Amending Section 15.30.030 of the Avon Municipal Code to Extend the
Deadline for Compliance with Ordinance No. 04 -19, Series of 2004, and Setting Forth Details in
Regard Thereto. He reviewed the proposal to extend the deadline for compliance on the
lighting standards as requested by the Council at the last meeting. He described the
background discussion that resulted in the ordinance and outlined the town's schedule for
compliance which was budgeted for the capital improvement project fund. He asked that
Council consider delaying the action until staff can provide them an update on the compliance
status from those in the town, both in the commercial and residential cores of the town. Mayor
Pro Tern noted that the compliance period was discussed to be at ten and then settled on at five
years and was made with development in the Village at Avon in mind. After much discussion,
Councilor Carroll moved to approve Ordinance No. 10 -03, Series of 2010, First Reading,
Ordinance Amending Section 15.30.030 of the Avon Municipal Code to Extend the Deadline for
Compliance with Ordinance No. 04 -19, Series of 2004, and Setting Forth Details in Regard
Thereto. Councilor Dantas seconded the motion and it failed with a four to three vote (Carroll,
Dantas, Sipes — yea; Ferraro, Phillips, Reynolds, Wolfe — nay). After further discussion,
Councilor Dantas moved to table the ordinance; Councilor Carroll seconded the motion and it
failed with a five to one vote.
TOWN ATTORNEY REPORT
Eric Heil, Town Attorney, presented an update on the status of the Traer Creek Plaza
Condominium Map, noting that the Town Clerk received an appeal to consider the application at
the February 23, 2010 meeting, thus it will be scheduled at that time. It was noted that the
Council would serve in a quasi-judicial manner in reviewing the application and that everything
is conducted in a public forum. An executive session may be held so that Council may receive
legal advice at that time.
TOWN MANAGER REPORT
Larry Brooks, Town Manager, presented information on the following topics:
✓ The execution of a letter on behalf of the Town and in conjunction with other Eagle
Valley agencies to the Colorado Dept. of Public Health & Environment and the EPA
addressing concerns of the stakeholders in the Eagle River Basin over the impacts
caused by recent discharge incidents at the Eagle Mine Superfund site. Council agreed
to supporting and executing the letter.
✓ Sally Vecchio, Assistant Town Manager Community Development, presented an update
on the status of the Unified Land Code by outlining the schedule of the project and
consideration by the ZAC, P &Z and Town Council. It is hoped that Council would review
by early summer. A joint work session with P &Z Commission would be scheduled the
first meeting in March.
Regular Council Meeting Page 2 of 3
10.02.09.doc
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" Reync
Brian Sipes
Ron Wolfe
RESPECTFULLY SUBMITTED:
G
Patty McKen n Clerk
Regular Council Meeting Page 3 of 3
10.02.09.doc