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TC Minutes 04-28-20154k V o n TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 28, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:12 p.m. A roll call was taken and Council members present were Megan Burch, Buz Reynolds, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT— COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA Peter Buckley commented. 4. ACTION ITEMS 4.1. INTERVIEWS AND APPOINTMENTS OF FIVE (5) PZC MEMBERS FOR VARIOUS TERMS (PLANNING MANAGER MATT PIELSTICKER) Jim Clancy, Tab Bonidy and Lindsay Hardy were appointed for two (2) year terms. Jared Barnes and Chis Lubbers were appointed for one (1) year terms. 4.2. PUBLIC HEARING SECOND READING OF ORDINANCE N0. 15 -03, SERIES OF 2015, AN ORDINANCE AMENDING THEAVON COMPREHENSIVE PLAN AND REZONING LOT 1A, BUCK CREEK PUD TO THE MIXED - COMMERCIAL ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) Mayor Fancher opened the Public Hearing, Todd Varney commented. Councilor Burch moved to approve Second Reading of Ordinance No. 15 -03, Series of 2015, An Ordinance Amending the Avon Comprehensive Plan and Rezoning Lot 1A, Buck Creek PUD to the Mixed - Commercial Zone District, including the comments made by Town Attorney Eric Heil with the additional changes. Councilor Prince seconded the motion and it passed unanimously by those present. 4.3. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 15 -04, SERIES OF 2015, AN ORDINANCE AMENDING THE AVON COMPREHENSIVE PLAN AND REZONING LOT 113, BUCK CREEK PUD TO THE PUBLIC FACILITIES ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) Mayor Fancher opened the Public Hearing, no comments were made. Councilor Wolf moved to approve Ordinance 2015 -04, thereby approving Case #CPA15002 & #REZ15002, an application to amend the future land use designation for Lot 16, Buck Creek PUD to the Civic /Public and rezone Lot 113, Public Facilities Zone District, together with the findings of fact outlined in Ordinance 2015 -04. Councilor Smith Hymes seconded the motion and it passed unanimously by those present. 4.4. CONTINUED PUBLIC HEARING ON RESOLUTION NO. 15 -04, APPROVING A MINOR PUD AMENDMENT FOR LOTS 38 &39, BLOCK4, WILDRIDGE SUBDIVISION (TOWN PLANNER BRIAN GARNER) Councilor Reynolds stepped down due to a conflict of interest. Mayor Fancher opened the Public Hearing, Scott Rella, Dominic Mauriello, Tom Gun and Alice Leeds commented. Councilor Gennett moved to continue Resolution No. 15 -04, Approving a Minor PUD Amendment for Lots 38 & 39, Block 4, Wildridge Subdivision, Avon Council Meeting 4-28-2015 Minutes Page I AV 1 [ TOWN OF AVON COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 28, 2015 AVON TOWN HALL, ONE LAKE STREET pursuant to Town Attorneys advice. Mayor Pro Tern Wolf seconded the motion and it passed 5 to 1 vote. Councilor Prince voted no. Councilor Reynolds recused himself. 4.5. RESOLUTION 15 -09, AMENDING THE 2015 GENERAL, WATER, DEBT SERVICE, FLEET MAINTENANCE AND TRANSIT FUND BUDGETS (BUDGET ANALYST KELLY HUITT) Councilor Reynolds returned to the meeting. Mayor Pro Tern Wolf moved to approve Resolution 15 -09, Amending the 2015 General, Water, Debt Service, Fleet Maintenance and Transit Fund budgets; Councilor Prince seconded the motion and it passed unanimously by those present. 4.6. RESOLUTION NO. 15 -10, AMENDING THE 2015 CAPITAL PROJECTS FUND BUDGET (BUDGETANALYST KELLY HUITT) Councilor Gennett moved to approve Resolution 15 -1o, Amending the 2015 Capital Projects Fund budget; Mayor Pro Tern Wolf seconded the motion and it passed unanimously by those present. 4.7. ACTION ON NOTICE OF AWARD, 2015 AVON ROAD LANDSCAPE PROJECT TOWN ENGINEER JUSTIN HILDRETH) Councilor Reynolds moved to authorize issuance of Notice of Award for the 2015 Avon Road Landscape Project Contract to the low bidder, Whittaker Landscape Services, Inc., in the amount of $465,805.73• Councilor Gennett seconded the motion and it passed unanimously by those present. 4.8. ACTION ON NOTICE OF AWARD, 2015 SLURRY SEAL PROJECTS TOWN ENGINEER JUSTIN HILDRETH) Councilor Gennett moved to authorize issuance of Notice of Award for the 2015 Street Improvements - Slurry Seal Project Contract to the low bidder, A -1 Chipseal Company, in the amount of $313,581.49• Councilor Reynolds seconded the motion and it passed unanimously by those present. 4.9. ACTION ON AN INTERGOVERNMENTAL AGREEMENT WITH THE EAGLE RIVER FIRE PROTECTION DISTRICT FOR A FUNDING PARTNERSHIP IN ACQUIRING LOT 16 FOR A JOINT POLICE AND FIRE PUBLIC SAFETY CENTER AND PROCESS FOR DESIGN, COST ESTIMATING, BIDDING AND CONSTRUCTION MANAGEMENT OF THE CENTER TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the discussion to the public for comments, Peter Buckley commented. Councilor Reynolds moved to approve the Intergovernmental Agreement with the Eagle River Fire Protection District for a Funding Partnership in Acquiring Lot 1b for a Joint Police and Fire Public Safety Center and Process for Design, Cost Estimating, Bidding and Construction Management of the Center with the removal of the last two "whereas statements ". Councilor Gennett seconded the motion and it passed unanimously by those present. 4.10. MINUTES FROM APRIL 21, 2015 MEETING TOWN CLERK DEBBIE HOPPE) Mayor Pro Tern Wolf moved to approve the Minutes from April 21, 2015; Councilor Burch seconded the motion and it passed unanimously by those present. Avon Council Meeting 4 -28 -2015 Minutes Page 2 avo n TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 28, 2015 AVON TOWN HALL, ONE LAKE STREET COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 5.1. COLORADO CREATIVE INDUSTRIES (CCI) SUMMIT (MAYOR PRO TEM JAKE WOLF) 5.2. EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY (ECRTA) BOARD UPDATE (MAYOR PRO TEM JAKE WOLF) 6. MAYOR & COUNCIL COMMENTS 7. WRITTEN REPORTS 7.1. MONTHLY FINANCIALS (BUDGETANALYST KELLY HUITT) 7.2. RECOMMENDATION TO SOLICIT THIRD PARTY MANAGEMENT COMPANY FOR THE AVON PERFORMANCE PAVILION (FESTIVAL & SPECIAL EVENTS DIRECTOR DANITA DEMPSEY) 8. EXECUTIVE SESSION, IF NEEDED (THIS SESSION IS NOT OPEN TO THE PUBLIC) 8.1. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24- 6- 402(2)(F) CONCERNING THE TOWN MANAGER AND FORA CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGALADVICE UNDER C.R.S. §24- 6- 402(2)(A) RELATED TO SUCH PERSONNEL MATTER Mayor Fancher moved to meet in Executive Session for the purpose of discussion of a personnel matter under C.R.S. §24- 6- 402(2)(f) concerning the Town Manager and for a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S. §24- 6- 402(2)(a) related to such personnel matter. Mayor Pro Tern Wolf seconded the motion and it passed unanimously by those present. The time was 1o:oo p.m. Executive session ended at 11:12 p.m. and Council reconvened into regular session. Council reconvened into regular session at 11:12 P.M. Mayor Fancher moved to approve retaining the law firm of Kissinger & Fellman, P.C. to serve as independent legal counsel for Virginia Egger as Town Manager; Councilor Gennett seconded the motion and it passed unanimously by those present. Avon Council Meeting 4-28-2015 Minutes Page 3 r r;p .4v o n C:at t, , .-, bt:E TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 28, 2015 AVON TOWN HALL, ONE LAKE STREET 9. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 11:12 P.M. APPROVED: Jennie Fancher Jake Wolf Matt Gennett Megan Burch Albert "Buz" Reynolds Scott Prince Sarah Smith Hymes RESPECTFUL Y SUBMITTED: Debbie Hoppe, TdW M Cle-r Avon Council Meeting 4 -28 -2015 Minutes Page 4