TC Minutes 10-26-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 26, 2010
A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake
Street, Avon, Colorado in the Council Chambers.
Mayor Pro Tern Sipes 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 and Brian Sipes.
Ron Wolfe and Buz Reynolds was absent. Also present were Town Attorney Eric Heil, Town
Manager Larry Brooks, Assistant Town Manager Patty McKenny, Assistant Town Manager
Community Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Town
Engineer Justin Hildreth, as well as other staff members and the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Pro Tern Sipes noted that there were no additions or changes to the agenda. The Town
Attorney noted that there were no conflicts of interest.
COMMUNITY INPUT
✓ Chris Green, Wildridge resident, commented on his experience in choosing and dealing with
cable, telephone and internet purchases. It was noted that public input would be sought
after in the near future due to the current cable franchise agreement negotiations.
CONSENT AGENDA
Mayor Pro Tern Sipes asked for a motion on the consent agenda. Councilor Carroll moved to
approve the consent agenda; Councilor Phillips seconded the motion and it passed
unanimously (Reynolds and Wolfe absent).
a. Minutes from September 28 and October 12, 2010
b. Community Heat Recovery Project Change Order 02 with GE Johnson Construction
Company (Jeff Schneider, Project Engineer)
NEW BUSINESS
Bob Ticer, Police Chief, presented the Appeal Letter from AAA Boot Services (Nick Antuna) on
the Revised Rules & Regulations Governing Parking Enforcement and Towing Companies
established by the Avon Police Chief. Nick Antuna commented that the charges related to this
requirement would require him to raise his rates; he did not see a need to check the
backgrounds of his spotters and ticket writers. Councilor Ferraro moved to deny the appeal
request of AAA Boot; Councilor Carroll seconded the motion and it passed unanimously
(Reynolds; Wolfe absent).
Jenny Strehler, Director PW &T, presented an update on the Swift Gulch Project and related
grants with a review of the council packet memo.
ORDINANCES
Jenny Strehler, Director PW &T, presented Ordinance No. 10 -18, Series of 2010, Second
Reading, An Ordinance Adopting Local Designation of Noxious Weeds. It was noted that this
item was continued from the last meeting. She presented a review of the proposed ordinance
that allows for 30 day public notice period as well as amends the list to include several weeds
designated by the State of Colorado for control or eradication. Mayor Pro Tern Sipes opened
the Public Hearing and input was received from Michael Lindholm, Traer Creek RP, who made
the following points:
■ that the charges for the public records request were too high
• What does the "taking action" mean per the council memo paragraph 3 on page 2
• He walked and drove around town and noticed that there are many properties that are
not in compliance with the weed ordinance
Town Attorney Eric Heil reviewed the chain of events in drafting the ordinance,
Councilor Phillips moved to approve Ordinance No. 10 -18, Series of 2010, Second Reading, An
Ordinance Adopting Local Designation of Noxious Weeds with the following additions to the
language:
✓ WHEREAS, the Town Council adopted Ordinance No. 10 -06 An Ordinance Enacting Noxious Weed
Controls on April 27, 2010; and
✓ WHEREAS, the Town Council conducted public hearing on this Ordinance on September 28, 2010;
October 12, 2010; and October 26, 2010; and
Councilor Ferraro seconded the motion and it passed unanimously (Reynolds, Wolfe absent).
Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No.
10 -14, Series of 2010, Second Reading, An Ordinance Amending the Avon Municipal Code by
Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing
Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel. Discussion
ensued on the following two topics:
• mandatory housing mitigation with information related to the review of the employee
generation formula. Discussion ensued on the topic with some suggested changes to
the language proposed.
• The purpose of the driveway standards in relationship to other services provided by
public works and engineering along with a review of the existing guidelines and the new
development code; it was noted that the new standard is actually less strict; and there is
Mayor Pro Tern Sipes opened the Public Hearing and the following people commented:
✓ Chris Evans, resident, commented on the housing mitigation
✓ Todd Goulding, Chairman P &Z Commission, commented on the driveway standards and
suggested giving some language that would allow public works director room to make
the decision; topic should be further reviewed by P &Z Commission
✓ Chris Green, resident & P &Z member, reviewed his letter with the council
Mayor Pro Tern Sipes asked about whether or not there were written comments made by
Councilor Reynolds; none were submitted however, he did speak with Matt Gennett regarding
the driveway standards. Town Attorney Eric Heil addressed the comments submitted by Chuck
Madison, East West Partners,
Mayor Pro Tern Sipes asked Councilor Dantas about what other concerns he might have and he
noted his concerns still existed about housing. Further discussion ensued and a following
motion was made:
Councilor Dantas moved to table Ordinance No. 10 -14; there was not a second to the motion.
It was agreed to take a break in order that the Town Attorney compile the suggested changes.
Eric Heil then presented a draft of the proposed changes that were discussed throughout the
evening. Need to discuss further price restriction and the 10% mitigation.
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10.10.26
Councilor Phillips moved to approve Ordinance No. 10 -14, Series of 2010, Second Reading, An
Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development
Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of
Title 2: Administration and Personnel with the thirteen changes submitted by the town attorney
(see attached notes). Councilor Ferraro seconded the motion and it passed with a three to of\e,
vote ( Dantas — nay; Reynolds; Wolfe absent). Since there were not four votes in favor of the
motion another motion was made by Councilor Ferraro to table Ordinance No. 10 -14, seconded
by Councilor Carroll and approved unanimously.
There being no further business to come before the Council, the regular meeting adjourned at
10 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynol%AQ
Brian Sipes
Ron Wolfe
RESPFULLY SUBMITTED:
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