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TC Minutes 07-08-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JULY 8, 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, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Underwood. Also present were Town Attorney John Dunn, Town Manager Larry Brooks,, Deputy Town Cleric Catherine Haynes, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, and as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST John Dunn asked if there was any ex parte contact regarding the Wildridge plats and there was no response. COMMUNITY INPUT Drew Dodd from the Business Association wanted to thank the town staff for a great 4"' of July show at Harry A. Nottingham Park. Nancy Pruckno, resident at 1011 West Wildwood Road, spoke regarding the deed restricted units in Wildwood and the water damage on their siding. She invited the town council to review the damage; Councilors Dantas and Carroll had already toured the unit. Larry Brooks noted that staff would tour the unit as well. He also spoke about concerns with the deed restrictions. 1. NEw BUSINESS Mayor Wolfe opened the public hearing and no comments were made. a. Public Hearing for Amplified Sound Permit Applicant: Bec Tri / RLY Project, David Wieder Event Name: Short Sprint Fun Triathlon Event Date: August 2, 2008 at 8 am Event Location: Harry A. Nottingham Park Councilor Underwood moved to approve the amplified sound permit for Bec Tri/RLY Project. Mayor Pro' Tem Sipes seconded the motion and it passed unanimously Mayor Wolfe closed the public hearing. Mayor Wolfe opened the public hearing and no comments were made. b. Public Hearing for Amplified Sound Permit Applicant: Beaver Creek Resort Company, Mike Kloser Event Name: Beaver Creek Xterra Event Date: August 9, 2008 Event Location: Harry A: Nottingham Park Mayor Pro Tern Sipes moved to approve the amplified sound permit for Beaver Creek Resort Company. Councilor Ferraro seconded the motion and it passed unanimously. Mayor Wolfe closed the public hearing. ORDINANCES Mayor Wolfe mentioned that there would be a joint discussion regarding the Ordinance and the Resolution for the Impact Fees. John Dunn went over the changes to the agreement and it was accepted by-the fire department. Mayor Wolfe opened the Public Hearing on Ordinance No. 08-06, Series of 2008, Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 3 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. Scott Wright, Assistant Town Manager Finance, explained this legislation related to the adoption of impact fees for development activities within the Town' of Avon. He noted that this item at the request of ERFPD was tabled at the May 13th meeting. John Sosso from Otton Johnson spoke on behalf of Traer Creek regarding a letter that was sent to John Dunn on June 9th and would like to highlight some points in the letter. Dan Reynolds Garfield and Heicht representing Jim Pavlich asked if Brian Sipes needed to recuse himself for a conflict of interest. It was stated that it was disclosed in a letter forwarded to the Secretary of State office and by this notice Mayor Pro Tern Sipes would be able to vote on this matter. Mayor Wolfe closed the public hearing. Councilor Ferraro moved to approve Ordinance No 08-06, Series of 2008, Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 3 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 as Councilor Underwood seconded the motion and it passed with a five to one vote (Dantas nay). RESOLUTIONS Resolution No. 08-20, Series of 2008, Resolution of the Town of Avon, Colorado, approving an Intergovernmental Agreement between the Town of Avon, Colorado and the Eagle River Fire Protection District, concerning the collection, payment and use of emergency service impact fees Councilor Underwood moved to approve Resolution No. 08-20, Series of 2008, Resolution of the Town of Avon, Colorado, approving an Intergovernmental Agreement between the Town of Avon, Colorado and the Eagle River Fire Protection District, concerning the collection, payment and use of emergency service impact fees , Second Reading, An Ordinance of the Town of Avon Colorado, Amending Title 3 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 as moved to approve mayor Pro Tern Sipes seconded the motion and it passed with a five to one vote (Dantas nay). Shane Pegram, Engineer II, presented Resolution No. 08-24, Series of 2008, A Resolution Approving The Amended Final Plat, A Resubdivision Of Lots 12 and 13, Block.3, (4123 and 4121 Little Point) Wildridge, Town of Avon, Eagle County, Colorado. He noted that the amended final plat resubdivides the existing Lot 12 & 13 Wildridge by realigning their shared boundary, and creates an access easement across lot 13 for the benefit of lot 12. Councilor Sipes moved to approve Resolution No 08-24, Series of 2008, A Resolution Approving The Amended Final Plat, A Resubdivision Of Lots 12 and 13, Block 3, (4123 and 4121 Little Point) Wildridge, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously. Shane Pegram, Engineer II, presented Resolution No. 08-25, Series of 2008, A Resolution Approving The Final Plat, A Resubdivision of Lots 17a and 17b, Block 4,(5670 Wildridge Road East) Wildridge, Town of Avon, Eagle County, Colorado. He noted that the final plat resubdivides Lot 17a and 17b, block 4 Wildridge by removing their shared boundary and creates a single lot, Lot 17. Councilor Sipes moved to approve Resolution No 08-25, Series of 2008, A Resolution Approving The Final Plat, A Resubdivision of Lots 17a and 17b, Block 4, (5670 Regular Council Meeting Page 2 of 4 08-07-08 Wildridge Road East) Wildridge, Town of Avon, Eagle County, Colorado. Councilor Phillips seconded the motion and it passed unanimously. Shane Pegram, Engineer II, presented Resolution No. 08-26, Series of 2008, A Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County,, Colorado (38390 US HWY 6). He noted. that this condominium map resubdivides the existing lot 1, Chateau St. Claire Subdivision - PUD into 49 distinct condominium units, general common elements, and limited common elements. Councilor Ferraro noted concerns regarding some of the inconsistencies on the condominium map. Eric Heidemann noted that there is time to have the map redone and reviewed by council at a second reading. Mayor Pro Tern Sipes moved to table Resolution No 08-26, Series of 2008, A Resolution Approving the Condominium Map, The Gates Residences, Lot 1, Chateau St. Claire Subdivision - PUD, Town of Avon, Eagle County, Colorado (38390 US HWY 6) Town of Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion and it passed unanimously. Matt Pielsticker, Planner II, presented Resolution No. 08-27, Series of 2008, Resolution Formally Designating The Nottingham Powerplant As A Historic And Cultural Landmark, Pursuant To The Provisions Of Chapter 17.50 Of The Avon Municipal Code, Town Of Avon, County Of Eagle, State Of Colorado,, And Setting Forth Details In Regard Thereto. Committee member Kim Nottingham gave a review of why the Historical Advisory Committee would like to have the Nottingham power plant as part of the Towns official Town inventory. Councilor Underwood moved to approve the Resolution No. 08-27;" Mayor Pro Tern Sipes seconded the motion and it passed unanimously. OTHER BUSINESS John Dunn was available to answer questions regarding the voting rules as the Town Charter depicts. TOWN MANAGER Lary Brooks announced that Governor Ritter has appointed Brian to the State Board for POST Certification for law enforcement. The Town Manager also noted that the staff did a great job on 4th of July with the fireworks and the event. MAYOR 'REPORT Councilor Underwood mentioned the nomination petitions are available on August 5th for the 3 seat that are coming available on the Town Council. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent,Agenda. Councilor Carroll moved to approve the consent,agenda below; Councilor Phillips seconded the motion and it passed unanimously by those member present. a. Resolution No. 08-23, Series of 2008, Resolution Authorizing the Town of Avon to Participate in the Coordinated Election of November 4, 2008 (Patty McKenny, Director Administrative Services) Regular Council Meeting Page 3 of 4 08-07-08 There being no further business to come before the Council, the meeting was adjourned at 8:25 PM-. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes RESPECTFULLY SUBMITTED: L ' Catherine Haynes, Deput Town Clerk s Tamra Underwood Ron Wolfe Regular Council Meeting 08-07-08 Page 4 of 4