TC Minutes 02-08-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 8, 2011
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 Rich Carroll called the meeting to order at 6:05 PM. A roll call was taken and Council members
present were, Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds.
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, Director PW &T Jenny Strehler, Community
Relations Officer Jaime Walker as well as other staff members and the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Carroll noted that an executive session would be reconvened at the end of the regular meeting
and Item 4 (Review Final Council Committee Appointments for 2011 & Compilation of 2011 / 2012
Council Goals and Priorities) from the work session would be added to item # 7 on the regular meeting
as item (c). The Town Attorney noted that there were no conflicts of interest.
COMMUNITY & CITIZEN INPUT
Event Manager Scott Stoughton gave an update on the "Snowball Music Festival" addressing parking
and transportation. He noted that 6,200 tickets have been sold to date. A review of the park layout
was made and a map was provided. There were some safety concerns identified, such as access to the
lake, it was noted that some fencing consideration would be given. It was noted that consideration
would also be given to using a large tent; Councilor Phillips asked if a building permit would be required
for use of a tent. Charlie Moore, ERFPD Fire Chief, noted that there would be fire personnel at the
event and that they would be monitoring any fire pits in use. Chris Drone, resident around the lake,
supported the event but had some concerns regarding families with small children and the noise.
Mayor Carroll requested an update be presented at the next council meeting to review security,
parking and the transportation plan.
CONSENT AGENDA
Mayor Carroll asked for a motion on the consent agenda. Mayor Pro tem Ferraro moved to approve
the consent agenda; Councilor Goulding seconded the motion and it passed unanimously.
a. Minutes from January 25, 2011
NEW BUSINESS
Justin Hildreth, Town Engineer presented the revised Contract Approval and Notice to Proceed for
Professional Services Agreement on the 1 -70 Transportation Operations Facility Project. He made
another review of the materials and professional services agreement with a focus on the changes made
to the contract pertaining to input from council members from the January 25`h meeting:
✓ 5.1 b. Comprehensive General Liability insurance was increased from $1 million for each
occurrence/ $1 Million annual aggregate to $2 Million / $4 Million
✓ 6.0 Ownership of documents was revised to read that all work products, if paid for by the town,
shall be property of the Town
✓ 8.0 Remedies: the following clause was added " If the Agreement is terminated by the Town for
cause based on Contractor's negligent performance, Contractor shall be liable and responsible for
all expenses incurred by the Town in selecting and alternate contractor's scope of professional
services to a similar level of progress to the date of termination of agreement, to the extent such
expenses are caused by or result from Contractors negligent performance"
✓ Errors and Omissions Section 9.17 Correction: the contractor shall conform to the industry-
accepted standard of care on quality and workmanship. The contractor shall without additional
compensation, correct or revise any of the contractor's negligent errors or omissions in the design,
drawings, specifications, reports, and /or omissions are discovered during construction, in addition
to correcting the work product at no additional cost to the town, the contractor shall be liable for
the difference between what "correct" construction will cost and what it would have cost had the
drawings specifications, et al, been correct, including tear -out, demolition and rework. The
contractor will not be responsible for correcting errors or omissions caused by Town staff in
conjunction with the contractor's services. The town is obligated to adhere to the FTA's best
practices Procurement Manual per the Grant agreement
It requires that the Town pay for change orders that should have been included in the plans initially
(omissions). CMD is responsible for the difference between the change order cost (rework) and
what it should have originally cost
✓ "Built Green" item was removed from the base scope of services, but has been added as " add
Alternate 1" meaning that if funding to pursue LEED or built- green becomes available, it can be
added to the Design Services scope of work
✓ 7 % Design -to Construction Ratio is believed to be a fair and reasonable ratio given the complex
design of the project including the additional federal reporting requirements
Mayor Pro Tern Ferraro moved to approve the "Contract Approval and Notice to Proceed for
Professional Services Agreement on the 1 -70 Transportation Operations Facility Project ". Councilor
Goulding seconded the motion and it passed unanimously.
ORDINANCES
Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 11 -02,
Series of 2011, Second Reading, Ordinance Amending the Zoning Classifications of Certain Properties
Owned by the Town of Avon and Approval of Other Updates to the Official Zone District Map of the
Town of Avon. She noted that this follow -up legislation was a result of the adoption of the Avon
Development Code last fall as well as an account for zoning amendments that have been adopted since
March 2008. The Zoning map has been updated to reflect the following previously adopted zoning
amendments as well as the new zone district classifications approved with the adoption of the Avon
Development Code:
➢ Ordinance 09 -07 establishing a PUD zone district for the property known as "The Red House"
➢ Ordinance 09 -14 establishing a PUD zone district of the property known as "Gandorf"
➢ Ordinance 09 -12 establishing the Short-Term Rental Overlay Zone District
➢ RH -C (Residential High Density) and SC (Shopping Center) is identified as "retired zone district
classifications
➢ The Government parks, and Employee Housing (GPEH) zone district has been eliminated and
properties have been changed to either Parks or Public Facilities
➢ All PUD zoning amendments have been individually identified on the map
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Mayor Carroll opened the public hearing, and a representative from the Avon Business Association
commented, the hearing was then closed. Councilor Evans moved to approve Ordinance No. 11 -02,
Series of 2011, Second Reading, Ordinance Amending the Zoning Classifications of Certain Properties
Owned by the Town of Avon and Approval of Other Updates to the Official Zone District Map of the
Town of Avon with the inclusion of the short-term rental properties. Councilor Phillips seconded the
motion and it passed unanimously.
Jenny Strehler, Director PW &T presented Ordinance No. 11 -03, Series of 2011, Second Reading,
Ordinance Amending Local Designation of Noxious Weed. She noted that this legislation that would
amend the noxious weed plan with one additional weed called the absinth wormwood. Mayor Carroll
opened the public hearing, no comments were made, and the hearing was closed. Councilor Evans
moved to approve Ordinance No. 11 -03, Series of 2011, Second Reading, Ordinance Amending Local
Designation of Noxious Weed. Councilor Phillips seconded the motion and it passed unanimously.
Rich Carroll, Mayor gave a review of the following items:
a. Final Council Committee Appointments for 2011
b. Compilation of 2011/ 2012 Council Goals and Priorities
After some discussion, Council agreed that both Economic Development and Transit would be their
most important priorities. Council requested that the transit topic return for discussion in March; they
would like a recap of the town's transit services and funding. Councilor Goulding provided an update
on their recent meeting with Beaver Creek officials. He noted that Councilor Reynolds and he met with
Doug Russell, Beaver Creek Ski Company, and Tim Baker, Beaver Creek Resort Company, regarding the
need to re- establish good relationships between each of the groups.
Sally Vecchio, Asst Town Manager Community Development, provided an overview and update on the
status of Beaver Creek's request to use Lot 61 for a parking lot. She was working within the code
posting requirements and the need to issue a permit prior to the February holiday weekend.
MAYORS REPORT
Mayor Carroll reported on the following topics:
➢ Vail Board of Realtors Meeting
➢ Eagle Valley Land Exchange Public Input Letter
➢ Eagle County Mayor and Manager's Meeting, topics included Eagle County care retirement
community, ECO transit Sub Committee, and the Governor's request for economic
development plans from Colorado counties
EXECUTIVE SESSION
Mayor Pro Tern Ferraro moved to reconvene the Executive Session at 7:30 PM; Councilor Phillips
seconded the motion and it passed unanimously. The following reason was noted for the discussion:
a. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to pending
litigation regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer
Creek, LLC, et.al. v Town of Avon 2010 CV 316
b. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to Colorado
Open Records Act request submitted on behalf of Traer Creek, LLC
The Executive Session adjourned at 8:30 PM and convened to the regular meeting.
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There being no further business to come before the Council, the meeting adjourned at 8:30 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
RESPECTFULLY SUBMITTED:
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