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TC Agenda 03-24-2009TOWN OF AVON, COLORADO AVON WORK SESSION FOR TUESDAY, MARCH 24, 2009 MEETING BEGINS AT 3:45 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting.09.03.24 Page 1 of 6 PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL T OWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER NO. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 3:45 PM – 4:15 PM 1. EXECUTIVE SESSION pursuant to C.R.S. 24-6-402(4)(b), for the purpose of receiving legal advice from the Town Attorney on specific legal questions and pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining positions, developing strategies and instructing negotiators with regard to pending matters with Traer Creek Metropolitan District and Traer Creek-RP, LLC and Avon’s Heat Recover Project negotiations 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:15 PM – 4:45 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Village at Avon Road Conditions Update (Jenny Strehler, Public Works Director) Review plan to address street repairs on Village at Avon roads b. Village at Avon Spring 2009 Erosion and Sediment Control Update (Jeff Schneider, Project Engineer) Review of ongoing issues with sediment issues caused by spring runoff within the Village at Avon c. Planning and Zoning Commission Member Appointments Update (Eric Heidemann, assistant Town Manager) Review schedule for appointing new members d. Financial Matters (Finance) Memo only 4:45 PM 4. ADJOURNMENT TOWN OF AVON, COLORADO AVON URBAN RENEWAL AUTHORITY FOR TUESDAY, MARCH 24, 2009 MEETING BEGINS AT 4:45 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting.09.03.24 Page 2 of 6 PRESIDING OFFICIALS CHAIRMAN RON WOLFE VICE CHAIRMAN BRIAN SIPES COMMISSIONERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO, AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. STAFF EXECUTIVE DIRECTOR / SECRETARY: LARRY BROOKS TREASURER: SCOTT WRIGHT AUTHORITY CLERK: PATTY MCKENNY ALL URBAN RENEWAL MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. CONSENT AGENDA a. Minutes from February 24, 2009 4. BOND RESTRUCTURING UPDATE (Scott Wright, Treasurer) Update on efforts to restructure existing URA 2008 Tax Increment Revenue Bonds 5. ADJOURNMENT AT 5 PM TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY FOR TUESDAY, MARCH 24, 2009 MEETING BEGINS AT 5 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting.09.03.24 Page 3 of 6 PRESIDING OFFICIALS CHAIRMAN RON WOLFE VICE CHAIRMAN BRIAN SIPES BOARD MEMBERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL T OWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. CALL TO ORDER / ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. SHOW CAUSE HEARING ON VIOLATION AT FINNEGAN’S WAKE IRISH PUB Avon Police Incident Report Case No. 2009-000063 (Greg Daly, Lieutenant) Establishment Name: Finnegan’s Wake Irish Pub Address: 82 E. Beaver Creek Blvd. Manager: Margaret (Maggie) Parker The Liquor Authority will consider a “Stipulated Findings of Fact, Conclusions and Sanctions Order” which will be presented by Elizabeth Pierce-Durance, Legal Counsel for the Avon Police Department 4. RENEWAL OF LIQUOR LICENSES a. Applicant Name: Masato’s Inc. d/b/a Masato’s Address: 240 Chapel Place, #BC Type of License: Hotel and Restaurant Liquor License 5. CONSENT AGENDA a. Minutes from March 10, 2009 6. ADJOURNMENT AT 5:20 PM TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MARCH 24, 2009 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting.09.03.24 Page 4 of 6 PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL T OWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY INPUT a. Avon Recreation Department’s Egg Hunt 2009 (Meryl Jacobs, Recreation Director) 5. CONSENT AGENDA a. Minutes from March 10, 2009 b. Resolution 09-05, Series of 2009, A Resolution Approving The Temporary Easement Agreement For A Parcel Of Land, Te-24a, Located At Lot 24, Block 2, Benchmark At Beaver Creek, Amendment 4, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) c. Resolution 09-06, Series of 2009, A Resolution Approving The Temporary Easement Agreement For A Parcel Of Land, Te-25a, Located At Lot25, The Christie Lodge Of Avon, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) d. Resolution 09-07, Series of 2009, A Resolution Approving The Temporary Easement Agreement For A Parcel Of Land, Te-67a, Located At Lot 67, Block 2, Benchmark At Beaver Creek, Amendment 6, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) e. Resolution 09-08, Series of 2009, A Resolution Approving The Temporary Easement Agreement For A Parcel Of Land, Te-68a, Located At Lot 68, Block 2, Benchmark At Beaver Creek, Amendment 6, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) f. Resolution 09-09, Series of 2009, A Resolution Approving The Temporary Easement Agreement For A Parcel Of Land, Te-68b, Located At Lot 68, Block 2, Benchmark At Beaver Creek, Amendment 6, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) g. Resolution 09-10, Series of 2009, A Resolution Approving The Temporary Easement Agreement For A Parcel Of Land, Te-69a, Located At Lot 69, Block 2, Benchmark At Beaver Creek, Amendment 6, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) h. Resolution 09-11, Series of 2009, A Resolution Approving The Temporary Easement Agreement For A Parcel Of Land, Te-72a, Located At Lot72, Block 2, Benchmark At Beaver Creek, Amendment 4, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) i. Fireworks Production Contract (Meryl Jacobs, Recreation Director) Contract for Salute to U.S.A. fireworks display TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MARCH 24, 2009 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting.09.03.24 Page 5 of 6 6. NEW BUSINESS – COMMUNITY HEAT RECOVERY PROJECT DOCUMENTS a. Intergovernmental Agreement with the Eagle River Water and Sanitation District for participation in the costs associated with the Avon Community Heat Recovery Facility (Jennifer Strehler, Director of Public Works and Transportation) IGA which binds ERWSD to $740,000 in monetary contribution to the town for execution of the design and construction contracts associated with the Avon Community Heat Recovery Facility / Requires 2/3 majority vote b. State of Colorado’s New Energy Communities Grant Contract for the Avon Community Heat Recovery Facility (Jennifer Strehler, Director of Public Works and Transportation) Contract with the State of Colorado to accept $1,500,000 in grant funding from the Department of Local Affairs for design, construction, and operation of the Avon Community Heat Recovery Facility c. Intergovernmental Agreement with the Upper Eagle Regional Water Authority and Eagle River Water and Sanitation District to amend the ground lease for the Avon Water Treatment Plant (Jennifer Strehler, Director of Public Works and Transportation) Proposed IGA for ground lease which is related to the IGA for funding the $740,000 in match funds for the Community Heat Recovery Project / Requires 2/3 majority vote 7. RESOLUTIONS a. Resolution No. 09-12, Series of 2009, Resolution Terminating the Nottingham and Puder Ditch Repair, Maintenance and Management Agreement (Eric Heil, Town Attorney) Action terminating the agreement with TCMD and EMD, LLC related to maintaining the ditch b. Resolution No. 09-13, Series of 2009, A Resolution Recognizing Certain Public Improvements Corrected during the Stipulated Warranty Period for Said Improvements Installed and Constructed in Accordance with the Subdivision Improvements Agreement for The Village (at Avon) Filing 1, and Establishing a One-year Warranty Period for the Corrected Improvements (Jeff Schneider, Project Engineer) 8. ORDINANCES a. Public Hearing on Ordinance 09-03, Series Of 2009, Second Reading, An Ordinance Approving The Deed Of Easement For A Parcel Of Land, PE-68A, Located At Lot 68, Block 2, Benchmark At Beaver Creek, Amendment 6, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) Ordinance approving a deed of easement required to construct the East Beaver Creek Blvd Streetscape Improvements b. Public Hearing on Ordinance 09-04, Series Of 2009, Second Reading, An Ordinance Approving The Deed Of Easement For A Parcel Of Land, PE-69A, Located At Lot 69, Block 2, Benchmark At Beaver Creek, Amendment 6, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) Ordinance approving a deed of easement required to construct the East Beaver Creek Blvd Streetscape Improvements c. Public Hearing on Ordinance 09-05, Series Of 2009, Second Reading, An Ordinance Approving The Deed Of Easement For A Parcel Of Land, PE-72A, Situated In Lot 72, Block 2, Benchmark At Beaver Creek, Amendment 4, For The Purpose Of Constructing The East Beaver Creek Boulevard Streetscape Improvements (Shane Pegram, Engineer II) Ordinance approving a deed of easement required to construct the East Beaver Creek Blvd Streetscape Improvements 9. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 10. UNFINISHED BUSINESS TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, MARCH 24, 2009 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting.09.03.24 Page 6 of 6 11. OTHER BUSINESS 12. TOWN MANAGER REPORT 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA DATES & ITEMS: April 14th: Eagle County Board of Commissioners: Sustainable Communities 2010, Buck Creek PUD Amendment, Red House Annexation, Unified Land Use Code April 28th: Booting Legislation 16. ADJOURNMENT