TC Minutes 02-22-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 22, 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 6:00 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 and Deputy Town Clerk Catherine Mythen, 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.
Item (b) from the work session was added to the regular meeting as item 8 (b) under "Unfinished
Business ", Gore Creek Water Quality Improvement Plan Funding Request. The Town Attorney noted
that there were no conflicts of interest.
COMMUNITY & CITIZEN INPUT
Meryl Jacobs presented the promoters and event managers of the "Snowball Music Festival', Chad
Donnelly, Scott Stoughton, and Rob Thomas reviewed the various event plans, transit, security, parking
and ticket sales. Avon Staff: Danita Chirichillo, Meryl Jacobs, Greg Daly, Jenny Strehler, and Eagle River
Fire District Staff were available to answer questions. Mayor Carroll mentioned that the town received
an email from Tricia Gimble regarding the snowball festival and an email from Dave Whitman regarding
the placement of Real Estate signs in the Town.
CONSENT AGENDA
Mayor Carroll asked for a motion on the consent agenda. Councilor Dantas moved to approve the
consent agenda; Councilor Phillips seconded the motion and it passed unanimously.
a. Minutes from February 8, 2011
b. Community Heat Recovery Project Construction Contract Change Order 04
NEW BUSINESS
Jane Burden, Transit Manager Town of Avon gave a review on the updated Paratransit Plan
• Purpose of Plan update
• ADA compliance
• FTA oversight for plan content and implementation
• Reviewed the current service area
• Future expansion map proposed future transit expansion
• How to obtain service
• Certification Obligations
She noted the public hearing would be scheduled for March 22, and the beginning of the 30 day public
comment period is February 22 until March 2, 2011. She noted where comments could be sent, made
via email, website, or submitted at the municipal building.
Meryl Jacobs, Recreation Director and Adam Lueck, Operations Manager, Vail Valley Foundation
presented the Agreement between Town of Avon and CBR, LLC designating Avon as a Host to Stage
Start for the Quiznos Pro Challenge Bicycle Tour. They presented the contract and provided an update
for event which takes place August 22 through August 28, 2011 (Bike Race Start in Avon on August 26,
2011). The agreement sets forth the rules of engagement for the following:
➢ Development of local sponsorship opportunities
➢ Ancillary events
➢ Other revenue generating opportunities such as concessions, merchandise, etc
➢ Use of Tour Marks
➢ Broadcast & Media rights
➢ Ownership of creative and intellectual property
➢ Indemnification requirements
➢ Terms for termination
➢ Insurance Requirements
➢ Force Majeure
➢ Cancellation or Postponement of Tour
➢ Arbitration
Councilor Goulding move to approve the Quizno's Contract; Councilor Evans seconded the motion and
it passed unanimously.
Sally Vecchio, Assistant Town Manager Community Development, presented a request to initiate Avon
Development Code Text Amendment to add a Temporary Use Permit Process. She reviewed
procedures of the text amendment. It was noted that the P &Z Commission would have 75 days to
schedule a public hearing, and then make its recommendation to the Council within 35 days of the
hearing. The Council would render a final decision on the proposed amendments after conducting a
public hearing. Councilor Reynolds moved to approve and directed staff to draft the amendments;
Mayor Pro Tern Ferraro seconded the motion and it passed unanimously.
ORDINANCES
Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 11 -04,
Series of 2011, First Reading, An Ordinance Amending Title 7 of the Avon Municipal Code. She
reviewed the proposed code amendments which addressed topics of medical marijuana and historic
preservation guidelines. Janette Hicks, President of the Historic Committee, discussed several items as
follows:
➢ Confirmation that the Ordinance included in the old code would be retained in the new code
➢ Request that the Avon Historic Preservation Committees recommended changes would be
included as follows:
o changes to Section 5, 7.12.070 Duties: In addition to the above purposes, HPAC shall have
the following functions and Duties:
Additions:
(3) Promote preservation through development of relationships with multiple nonprofit
agencies, state or local governments, and academics,
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(4) Develop resources: Researching private entities who can promote preservation through
written documentation and media,
➢ Standards for Governing Development plans for Sites & Structures having Landmark
Designation
■ Section 6 (e) Retain Secretary of Interior standards
Town Attorney Eric Heil explained that the ordinance that was not in the code was an oversight. Dr.
Karen Nagle reiterated the need for the historic ordinances. Councilor Reynolds moved to table the
ordinance until the next meeting; Councilor Dantas seconded the motion and it passed unanimously.
The historic preservation language was tabled in order that staff return with language that would
address their concerns.
Councilor Phillips moved to approve Ordinance No. 11 -04, Series of 2011, An Ordinance Amending Title
7 of the Avon Municipal Code without the Historic Preservation Guidelines language, but including the
medical marijuana, the public notices and the tap fee language. Councilor Reynolds seconded the
motion and it passed unanimously. Again, it was noted that the historic preservation language would
return with the next code text amendment in order to give a chance to revise the section with a review
by the committee members.
UNFINISHED BUSINESS
Jenny Strehler, Director PW &T, presented the "Funding Request" from Beaver Creek Resort Company.
Larry Brooks, Town Manager, described the town's current financial position of not really being able to
cut operations further, but rather taking the expenditure from the General Fund reserves. Some of the
following items were discussed:
✓ the council packet included projected general fund reserves for the next four years
✓ The $140K amount is both the daytime and night time shuttle; previous years had been request
for funding just the daytime service.
✓ The Westin has made a verbal commitment funding contribution of about $10K.
✓ Seek a permanent funding source
✓ The transit review discussion would occur on March 22nd
✓ Asked Tim Baker to return to his Board with a message about the maintenance work being
done with the TOA in light of the town funding transit
✓ Would agree to help fund nominal amount because budget doesn't allow for funding
Councilor Goulding moved to fund the Avon / Beaver Creek express shuttle, both daytime and
nighttime service, and if the Westin Riverfront Resort & Spa contributes to this service, the difference
would then be split between BCRC and TOA, with an amount not to exceed $70,152 for the ski season.
Councilor Phillips seconded the motion and it passed with a four to two vote (Evans, Goulding, Phillips,
and Reynolds — aye; Ferraro, Dantas nay). It was requested that a post season report from BCRC be
made at the end of the season. There was council interest to find a permanent funding source for
transit services.
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Jenny Strehler, Director PW &T, presented additional information to the topic on the Funding Request
for the "Gore Creek Water Quality Improvement Plan" (a project of the Urban Runoff Group). This
topic was presented at the work session and then a request for a contribution to identify sources of
urban runoff and set up a mechanism to fund specific corrective actions. It was agreed that all
governmental agencies contribute to this program. Councilor Goulding moved to fund the request in
the amount of $3,700 from the Water Fund; Councilor Evans seconded the motion and it passed
unanimously.
MAYORS REPORT
Mayor Carroll noted that there would be a EVLEX meeting on 2/24/11 with Eagle County, etc.
EXECUTIVE SESSION
Mayor Pro Tern Ferraro moved to reconvene the Executive Session at 9:10 PM; Councilor Evans
seconded the motion and it passed unanimously. The following reason was noted for the continued
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
The Executive Session adjourned at 10:00 PM and convened to the regular meeting.
There being no further business to come before the Council, the meeting adjourned at 10:00 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
RESPECTFULLY SUBMITTED:
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