TC Minutes 05-13-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY 13, 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 6:10 pm. A roll call was taken and Council
members present were Rich Carroll, Kristi Ferraro, Amy Phillips, and Tamra Nottingham
Underwood. Dave Dantas and Brian Sipes were absent. Also present were Town Attorney
John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny,
Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright,-Assistant Town
Manager Community Development Eric Heidemann; and' Becky Lawlor, Community Relations
Officer,as well'as members of the public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
Mayor, Wolfe noted that a review of the license agreement, with Ticino would be considered
separately from the consent agenda. There were no items on the agenda that would require
disclosures of any conflicts of interest.
COMMUNITY INPUT
Chris Green presented an update on the Traer Creek Design Review Board items of interest to
the Town, including the construction of the Eagle County Health District Services Building and
CDOT's request to use Village at Avon land for an asphalt batch plant to be situated within
Filing 3 (north` of 1-70 & adjacent to Swift Gulch Road & Post Blvd). There was some brief
discussion on each item.
Eric Heidemann, Assistant Town Manager Community Development, on behalf of his
department presented the Town Council with an American Planning Association award: the
2008 Vernon Deines Award for Outstanding Small Town or Rural Plan for the 2006 Avon
Comprehensive Plan. He noted the award was honored recently by the STAR division of the
AMA during the 08 National APA Conference in Las Vegas. He spent a few moments talking
about how the plan evolved and thanked each of the comprehensive plan steering committee
members.
ORDINANCES
Scott Wright, Assistant Town Manager Finance, presented Ordinance No. 08-06, Series of
2008, Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 17 of the
Avon Municipal Code, by Adopting Fire Protection and Emergency Medical Services Impact
Fees for Land Development Activities Generating the need for Additional Fire Protection or
Emergency Medical Services. It was noted that the applicant Eagle- River Fire Protection
District has requested that the ordinance be .tabled until June 10, 2008 due to scheduling
conflicts with consultants and in order to include all their consultants at the meeting. Mayor
Wolfe opened the public hearing, no comments were heard, and the hearing was closed. It was
asked when the financial modeling information would be provided; Charlie Moore noted that he
would forward that information. Councilor Underwood moved to table Ordinance No. 08-06, an
Ordinance of the Town of Avon Colorado, Amending Title 17 of the Avon Municipal Code,' by
Adopting Fire Protection and Emergency Medical Services Impact Fees for Land Development
Activities 'Generating the need for Additional Fire Protection or Emergency Medical Services.
Councilor Carroll seconded the motion and it passed unanimously by-those members present.
(Dantas & Sipes absent). It was noted that the next reading and another public hearing were
scheduled for June 10, 2008.
RESOLUTIONS
Scott Wright, Assistant Town Manager Finance, presented Resolution No. 08-14, Series of
2008, A Resolution Summarizing Expenditures and Revenues by Funding Budget For The
Town of Avon, Colorado, for The Calendar Year Beginning on The First Day of January, 2008
and Ending on the Last Day of December, 2008 He noted that Resolution 08-14 proposes to
Amend the Town's Capital Projects Fund Budget with changes as follows:
■ Public Works Facilities Improvement Program Design Services Contract
■ Waste Heat Recovery System Study
Unified Land Use Code Revisions
■ Wildridge Loop Pedestrian Improvements
■ 2008 Street Improvements
The media improvements program was removed and would be considered during the 2009
budgeting cycle. It was noted that a result in all changes included a $45K decrease in the CIP
fund balance: Further questions related to capital revenues & expenditures were discussed.
Councilor Underwood moved to approve Resolution No. 08-14, Series of 2008, A Resolution
Summarizing Expenditures and Revenues by Funding Budget For The Town of Avon, Colorado,
for The Calendar Year Beginning on The First Day of January, 2008 and Ending on the Last
Day of December, 2008. Councilor Phillips seconded the motion and it passed unanimously by
those members present (Dantas & Sipes absent).
Matt Gennett, Planning Manager, presented Resolution No. 08-15, Series of 2008, A Resolution
Adopting the East Town Center District Plan, dated May 1, 2008, and Setting Forth Details in
Regards Thereto. He noted that the East Town Center District Plan identifies parcel
configurations and new automobile and pedestrian circulation alignments to increase the
district's visibility and vitality. This resolution would formally adopt the district plan and takes
into account much community input noting the numerous public meetings. Discussion ensued
about the document and different terms used to describe the planning areas. Councilor Ferraro
moved to'approve Resolution No. 08-15, Series of 2008, A Resolution Adopting the East Town
Center District Plan, dated May 1, 2008, and Setting Forth Details in Regards Thereto.
Councilor' Underwood seconded the motion and it passed unanimously by those members
present (Dantas & Sipes absent).
Eric Heidemann, Assistant Town Manager Community Development, presented Resolution No.
08-16, Series of 2008, Resolution Finding Substantial Compliance for a Petition for Annexation
filed with' the Town of Avon, Colorado, Known as the Red House Lots 1 and 2 Annexation, and
Setting a Public Hearing Thereon. He noted that Vail Corporation has submitted an annexation
petition for property known as the Red House Lots 1 and 2 Annexation, a 1.44 acre parcel of
land located on the northeast corner of Hwy 6 and Avon Road. He explained the annexation
process and noted that the resolution would accept the petition and make a finding that the
petition is in substantial compliance with C.R.S. 31-12-197(i). With this approval, public
hearings would be scheduled beginning in June. Rick Pyleman & Brant Murot, VRI, were
present to answer questions. There was some discussion about the property lines on reflected
on the map; a more thorough review & discussion would be in order at the next meeting.
Councilor Ferraro moved to approve Resolution No. 08-16, Series of 2008, Resolution Finding
Substantial Compliance for a Petition for Annexation filed with the Town of Avon, Colorado,
Known as the Red House Lots 1 and 2 Annexation, and Setting a Public Hearing Thereon.
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08-05-13
Councilor Phillips seconded the motion and it passed unanimously by those members present
(Dantas & Sipes absent). It was noted that the public hearing was scheduled for June 24th.
NEW BUSINESS
Mayor Wolfe noted that with the recent move of Julia Foster, a vacancy on the Planning &
Zoning Commission existed. It was noted that an interview was conducted that afternoon with
Leslie Roubos. A' vote was taken on the selection of. Ryan Wolfe, Rob Sperberg or Leslie
Roubos to this Board. The Council appointed Leslie Roubos to replace Ms. Foster to serve on
the Commission.
TOWN MANAGER REPORT
Larry Brooks, Town Manager, noted his interest in running for the Colorado Municipal League's
Board of Directors. The election is scheduled for the June Annual Meeting. He noted that he
would need the support of Council for his nomination and would be running for the position
representing cities & towns with population under 8,000. There was unanimous support for this
effort to run for the CIVIL Board.
Larry Brooks, Town Manager, noted that with the formal resignation of Town Attorney John
Dunn, the request for proposals will need to be published in various publications. Brooks noted
that Mr. Dunn will finish his work with the Town as of October 1, 2008. The Town's "Request for
Proposals for Town Attorney Services" was included in the packet; a verbal approval is in order.
Town Council agreed to release the proposal. Everyone thanked John for his many years of
service to the Town of Avon.
MAYOR REPORT
Town Attorney John Dunn noted that the petition for EagleBend has been filed and the hearing
was tendered and up to the judge. Notice will be published once a hearing date has been set.
Further discussion ensued on the license agreement between Ticino and the Town of Avon.
Suggestions were made as to content of the agreement as follows:
➢ Review the bond amount
➢ Review whether or not the rent should be waived for the first year due to Main Street
construction
➢ Review a term of one year for the license
Ronda Niederhauser spoke about their concems as follows:
➢ Prefer that the partnership is recognized for one year & then evaluate after main street is
designed, & constructed
➢ She noted that it would,be very important for them as business owners to use the
property
Councilor Underwood moved to approve the License Agreement between Ticino and the Town
of Avon with approval that the Town Manager & Town Attorney further negotiate the agreement
to include some of the suggestions referenced above. Councilor Phillips seconded the motion
and it passed unanimously by those members present (Dantas & Sipes absent).
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08-05-13
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda without the lease agreement with
Ticino. Councilor Ferraro moved to adopt the consent agenda; Councilor Carroll seconded the
motion and it passed unanimously.
a. Minutes from April 22, 2008
b. License Agreement between Town of Avon and Ticino, LLC d/b/a Ticino for use of Town
Property (John Dunn, Town Attorney) Agreement for use of town property located at 100 W.
Beaver Creek Blvd, Unit#127 for outdoor dining & liquor service in connection with the restaurant
c. HP Geotech proposal for soil borings and'asphalt cores on Hurd Lane (Shane Pegram,
Engineer 1)
d. Street Improvement Change Order 004 for re-striping and sidewalk work on West
Beaver Creek Blvd (Shane Pegram, Engineer 1)
e. Resolution No. 08-17, Series of 2008, Resolution of Participating Member Appointing
Representatives to Upper Eagle Regional Water Authority (Lang Brooks, Town Manager)
Resolution•designating principal member to Upper Eagle Regional Water Authority
There being no further business to come before the Council, the meeting was adjourned at 7:25
PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe /
RESPECTFULLY SUBMITTED:
A) C
Patty McKenny putt' Town Clerk
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