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TC Minutes 03-25-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 25, 2008 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, Brian Sipes, Amy Phillips, and Tamra Nottingham Underwood. Kristi Ferraro was absent. Also present were Town Attorney John Dunn, Town Manager Lary Brooks, Administrative Services Director Patty McKenny, Town Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann, and Public Works/Transportation Director Jenny Strehler, as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST When asked if there were any ex parte conversations, Town Attorney John Dunn noted that Dave Dantas asked him about item 6-a on the,Regular meeting - Resolution No- 08-08 regarding attainable housing; it was suggested that Councilor Dantas Dave should step down from the discussion of the topic. STAFF UPDATES It was noted that Councilor Carroll and Councilor Underwood would be hosting the Avon Elementary School Student Council meeting in the council chambers on Thursday April 24 at 3:15 pm. COMMUNITY INPUT Planning & Zoning Commissioner Chris_ Green provided a quick update on Traer Creek Design Review Board happenings. ORDINANCES Matt Pielsticker, Planner II presented Ordinance No. 08-04, Series of 2008, Second Reading, An Ordinance Amending Title 17, Municipal Code of the Town of Avon, adding a New Chapter, 17.50, Historic and/or Cultural Preservation, adding Definitions to Chapter 17.08, and Setting Forth Details in Regard Thereto. A review of this new chapter titled Historic and/or Cultural Preservation to the zoning code was made noting that its purpose if for the promotions of historic sites and structures in Avon as well as adding new definitions to the zoning code. It was noted that one change was made to the Ordinance since first reading. Mayor Wolfe opened the public hearing, no comments were made, and the hearing was closed. Councilor Phillips moved to approve Ordinance. No. 08-04, An Ordinance Amending Title 17, Municipal Code* of the Town of Avon, adding a New Chapter, 17.50, Historic and/or Cultural Preservation, adding Definitions to Chapter 17.08, and Setting Forth Details in Regard Thereto. Councilor Underwood seconded the motion and it passed unanimously. Brian Kozak, Police Chief presented Ordinance. No. 08-05, Series of 2008, First Reading, An Ordinance Amending Chapter 9.04 of the Municipal -Code of the Town of Avon relating to Hindering Public Transportation. He noted that this Ordinance addresses persons who recklessly or intentionally hinder the operation of public transportation to be charged with a misdemeanor. Colorado revised the statute 18-9-115 and that the charge would be considered a felony if someone intentionally creates violence on public transportation. This allows police officers to arrest,anyone committing any offences who are riding public transportation. Avon's Municipal Judge Buck Allen agreed with the language on the Ordinance. It was also noted that the ordinance can only be applied within the Town limits. The difference between Avon's local law and state law is that the Statute classifies hindering public transportation as intentional and Avon's proposed ordinance classifies as reckless. It was noted that Eagle County follows state rule because it 'is not a home rule county. Fines of $2000 or prison of up to a year would be imposed in this legislation. A public hearing would be held at the next meeting. Councilor Phillips moved to approve Ordinance No. 08-05, Series of 2008, First Reading, An Ordinance Amending Chapter 9.04 of the Municipal Code of the Town of Avon relating to Hindering Public Transportation; Councilor Dantas seconded the motion and it passed unanimously. RESOLUTIONS Councilor Dantas recused himself from the discussion at'this time due to a conflict of on interest on this topic. Matt Gennett, Planning Manager presented Resolution No.08-08, Series of 2008, A Resolution To Amend The 2006 Town Of Avon Comprehensive Plan To Establish Attainable Housing Policies And Setting Forth Details In Regard Thereto. He noted that this was a speck Amendment to the 2006 Avon Comprehensive Plan, Topic Area F, Housing, to add details to the goals and policies therein related to the provision of attainable housing unit amounts and types. Topic area F Housing as outlined below adheres to all the aforementioned criteria. 1. Include a justification for the proposed change 1. Be in conformance with the plans overall vision and it supporting goals and policies 2. Be compatible with existing and planned surrounding land uses 3. Not result in excessive detrimental impacts to Avon's existing or planned infrastructure systems Council asked that some public relations be done on this topic due to the importance of the topic. Copies of the comprehensive plan should be made readily and easily available. Councilor Sipes moved to approve Resolution No.08-08, Series of 2008, A Resolution To Amend The 2006 Town Of Avon Comprehensive Plan To Establish Attainable Housing Policies And Setting Forth Details In Regard Thereto. Councilor Philips seconded the motion and it passed unanimously. John Dunn, Town Attorney, presented Resolution No. 08-09, Series of 2008, Resolution Authorizing filing with the District Court a Petition For Exclusion Of Eagle -Bend Subdivision From Eagle Vail Metropolitan District And Agreeing To Provide To Eagle Bend The Service Now Provided By Eagle Vail Metropolitan District. He noted that the resolution directs that a petition be filed with Eagle County District Court to exclude Eagle Bend from Eagle Vail and sets forth an approval of the intergovernmental agreement and plan for disposition and continuation of services for exclusion of Eagle Bend Subdivision negotiated by staff. Dunn asked that that Councilor Phillips recuse herself. Mayor Wolfe asked Council to vote on whether or not Council Phillips should recuse herself. It was voted 3-1 in favor of Councilor Phillips not step down (Councilor Carroll nay on the vote). Next steps in the process were reviewed. Councilor Underwood moved to approve Resolution No. 08-09, Series of 2008, Resolution Authorizing filing with the District Court a Petition For Exclusion Of Eagle Bend Subdivision From Eagle Vail Metropolitan District And Agreeing To Provide To Eagle Bend The Service Now Provided By Eagle Vail Metropolitan District. Councilor Carroll seconded the motion and it passed unanimously. Regular Council Meeting Page 2 of 3 08-03-25 MAYOR REPORT There was some discussion on the Planning and Zoning interviews which are scheduled for the April meeting. Some ideas from council were discussed. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Underwood moved to adopt the consent agenda; Councilor Carroll seconded and the motion and it passed unanimously. a. Minutes from March 11, 2008 b. Street Light Conversion Change Order 001 = Additional light poles required to complete the 2007 light fixture conversion (Shane Pegram, Engineer II) c. Resolution No. 08-10, Series of 2008, A Resolution Delegating Authority To The Town Clerk To Appoint Election Judges For The Special Municipal Election On May 6, 2008 (Patty McKenny, Town Clerk) - d. Victor Mark Donaldson Architects' Additional Service Fee Proposal for Recreation Center Remodel Project (Shane Pegram II) Fees for additional windows in the Recreation Center Remodel to be considered as bid alternates There being no further business to come before the Council, the meeting was adjourned at 6:35, PM. RESPECTFULLY SUBMITTED: C Catherine Haynes, Dep own Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 3 of 3 08-03-25