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TC Minutes 03-13-2007MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 13, 2007 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe 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, Brian Sipes, and Tamra Nottingham Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Town Clerk Patty McKenny, Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Brian Kozak, Community Development Director Eric Heidemann and Public Works/Transit Director Bob Reed as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST It was noted that there was nothing on the agenda that would require a disclosure of potential conflict of interest. Brain Kozak, Police Chief, recognized Police Department Employees, Aurion Hassinger and Jeremy Holmstrom, who have completed the 16-week field training program and are now able to function as solo police officers. Meryl Jacobs, Recreation Director, presented Town of Avon Recreation Center Awards as tabulated by the Vail Daily "Best of the Vail Valley" Winter 2007 Awards. The awards were given in the following areas, Best Yoga Center, Best Place to Daydream / lazy river, and Best Work-out Facility. RESOLUTIONS Brian Kozak, Police Chief), presented, Resolution No. 07-06, Series of 2007, Resolution Approving a Contract between the State of Colorado and the Town setting forth conditions for use of funds by the Colorado Dept. of Transportation through a Law Enforcement Assistance Fund ("LEAF" Grant). He noted that this Resolution is action accepting LEAF funds in the amount of $11,175 for 2007 and pays for overtime related to this policing. Councilor Underwood moved to approve Resolution No. 07-06 approving the LEAF contract; Councilor Dantas seconded the motion and it passed unanimously. Brian Sipes, Mayor Pro Tern, presented Resolution No. 06-08, Series of 2007, Resolution to protect Colorado's Natural Resources - Continuing Support for the Colorado Water Quality Control Commission. He noted that the Resolution supports guidelines of the Water Quality Commission, both addressing environmental concerns and the action really preserves the right to local control. Mayor Pro Tern Sipes moved to approve Resolution No. 06-08 to protect Colorado's Natural Resources; Councilor Ferraro seconded the motion and it passed unanimously. John Dunn, Town Attorney, Resolution No. 07-09, Series of 2007, A Resolution Further Modifying a Milestone for Completion of Construction of the Gates on Beaver Creek, formerly The Chateau St. Claire Planned Unit Development. John Dunn presented a further information related to the negotiations taking place on this project, noting the Resolution that was adopted at last meeting. The subject of the conditions were as follows: ✓ Imposition of an amenities fee that is applicable to whole-ownership units ✓ Creation of a metro district with transit powers and ability of the Metro District to implement an ad valorem tax that would generate at least $40K revenues to be paid to the town ✓ Would not include the additional contribution to employee housing as a condition ✓ Delete the condition for the employee housing ✓ No change with respect to the restoration bond ✓ Implementation of joint access to the property known as the Gates & the Folson property Staff noted that Resolution No. 07-09 extends the next-milestone event, roofing, to March 27tH and at that time a draft memo of understanding ("MOU") would be presented, and then the final conditions approved in the WOU" would be set through the PUD, amendment process. It was also noted that Council would approve the service plan of the metro district before it is formed. Councilor Underwood moved to approve Resolution No. 07-09, - Series of 2007, A Resolution Further Modifying a Milestone for Completion of Construction of the Gates on Beaver Creek, formerly The Chateau St. Claire Planned Unit Development include the addition of a Memo of Understanding to be negotiated between parties. Councilor Phillips seconded the motion and it passed unanimously. Town Manager Report Larry Brooks, Town Manager, presented an update on the proposed triathlon and the decision made by the Bachelor Gulch Board members to deny allowing the event to be held in that.area. It was noted' that the Board was not interested in the foot traffic the event would have. He expressed disappointment of that decision as an event of this' nature would have been a benefit to drawing many visitors to the area. He also noted that Stone Creek School is bringing in information related to playground design, he will review the materials & return with staff comments in the near future. When asked about the status of the'school's financial picture, Brooks indicated that he did not know the status. Town Attorney Report John Dunn, Town Attorney, presented a brief update regarding the Farret Lane, Jackson Lodge situation in Wildridge noting that an appellate judge is scheduled to hear the case on May 30th. A decision should be handed down toward the end of the year. He noted that the trial court ruled in favor of the town stating that the interpretation of the Wildridge plat was appropriate and stopping the, property from short-term rentals was in order. Mayor Report Ron Wolfe attended a meeting with Centurytel representatives regarding an opportunity to move to'a wireless scenario in Avon. Discussion ensued and Council, agreed that the concept should be further explored. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to adopt the consent agenda; Councilor Phillips seconded the motion and it passed unanimously. T. Minutes from February 13 & 27, 2007 - It was noted that Councilor Carroll was absent for the liquor board meeting which was not reflected in the minutes. 2., Service Agreement for Beaver Creek Metropolitan District 3., American National Bank Title Sponsor Agreement 4. 07 'Infrastructure Projects - JBCM, LLC Proposal for Construction Management & Regular Council Meeting Page 2 of 3 March 13, 2007 Inspection Services 5. Municipal Building Expansion - Victor Mark Donaldson Architects, Design Services Fee Increase 6. Municipal Building Expansion - McBoyd Builder, Inc., Guaranteed Maximum Price Shane Pegram, Engineer, presented additional information regarding the municipal building expansion project. After some discussion, there was a comfort level reached with the proposal to move forward with stick built construction instead of the modular structure. There being no further business to come before the Council, the regular meeting adjourned at 6:45 PM. RESPECTFULLY SUBMITTED: APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 3 of 3 March 13, 2007