TC Minutes 12-09-2008MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD DECEMBER 9, 2008
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One
Lake Street, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 5:40 PM. A roll call was taken and Council
members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds,
and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks,
Director Administrative Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town
Manager Community Development Eric Heidemann, Police Chief Brian Kozak and Public Works
and Transportation Director Jenny Strehler as well as members of the public.
APPROVAL OF AGENDA AND DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
There were no conflicts of interest identified. It was noted that the Resolution addressing the
Incentive Policy would be discussed separately from the vote on the consent agenda.
COMMUNITY INPUT
Amy Phillips, Councilor and Jill Paradise presented information related to the Sister City
International Program, the value of participating in such a program and the prospects of
becoming a sister city with Pragelato Italy. Council appreciated receiving the information and
asked that additional information about the small town of Pragelato be submitted for their
review.
John Curutchet, Recreation Superintendent, presented a Recreation Center Special Events
Update with a focus on a preview of Icing on the Lake Event on December 20t.
NEW BUSINESS
At this time, Mayor Wolfe presented Resolution No. 08-54, Series of 2008, Resolution to Adopt
an Economic Incentive Policy and highlighted some of the earlier discussion on the topic as
follows:
✓ Is it a stand alone document or part of master plan or municipal code
✓ Plan outlines financial possibilities between public & private partnerships
✓ Is the document helping to position the town for redevelopment
Eric Heidemann made several suggestions as to how to move forward with the resolution and
guidelines as follows:
✓ Adopt resolution and document that stands alone for the first year so that if necessary,
revisions can be made
✓ The document could be adopted then as a part of the comprehensive plan in 2010.
✓ The suggested revisions are not enough to delay adopting the resolution
There was some discussion about the need to adopt the resolution now and it was noted that if
it were adopted at this time, it might provide some guidance for developers and an opportunity
to see how the process might works with potential partnerships. It was suggested to continue to
review the document throughout the next year for any modifications. Councilor Dantas moved
to approve Resolution No. 08-54, Series of 2008, Resolution to Adopt an Economic Incentive
Policy; Councilor Phillips seconded the motion and it passed unanimously.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tern Sipes moved to
approve the consent; Councilor Phillips seconded the motion and it passed unanimously.
a. Minutes from November 11, 2008 and December 2, 2008
b. Resolution No. 08-53, Series of 2008, Resolution to Approve a Request for Allocation of PEG
Funds Appropriated in the Town of Avon 2008 Budget (Scott Wright, Assistant Town Manager
Finance) Review of request for funding from Public Access 5 Television for upgrades to system
d. Consent and Waiver of Conflict of Interest (Eric Heil, Town Attorney) Information related attorney
professional conduction issue that addresses in writing conflict of interest when representing
multiple clients
e. Service Agreement with Eagle River Fire Protection District (Dan Higgins, Fleet Manager)
f. Service Agreement with Eagle County Hazmat Team (Dan Higgins, Fleet Manager)
g. Service Agreement with Town of Redcliff (Dan Higgins, Fleet Manager)
h. Service Agreement with Western Eagle County Ambulance District (Dan Higgins, Fleet Manager)
i. Service Agreement with Town of Minturn (Dan Higgins, Fleet Manager)
j. Service Agreement with Beaver Creek Metro District Public Works (Dan Higgins, Fleet Manager)
k. Service Agreement with Eagle County Ambulance District (Dan Higgins, Fleet Manager)
1. Service Agreement with Greater Eagle Fire Protection District (Dan Higgins, Fleet Manager)
m. Service Agreement with Eagle River Water & Sanitation District (Dan Higgins, Fleet Manager)
n. Service Agreement with Vail Valley Foundation (Dan Higgins, Fleet Manager)
o. Letters related to Village at Avon pending litigation (This item was added to the agenda).
ORDINANCES
Brian Kozak, Police Chief, presented Ordinance No. 08-11, Series of 2008, Second Reading,
An Ordinance Amending Title 10 Of The Avon Municipal Code To Enact A Schedule Of Fines
For Parking Violations, Enact Authority To Boot And Impound Vehicles With Parking Violations,
And Establish A Commercial Core For Increased Parking Fines. Chief Kozak noted that the
Parking ordinance revisions are to help designate a commercial core area in Avon with
enhanced penalties. He highlighted the content of the ordinance as outlined in the council
packet memo. It was noted that a public relations effort would be underway the first of the year
with the hiring of a new staff member in the police department; the position is a civilian officer
and will assist with the enforcement of the ordinance. . Mayor Wolfe opened the public hearing,
no comments were made, the hearing was closed. Councilor Ferraro moved to approve
Ordinance No. 08-11, Series of 2008, Second Reading, An Ordinance Amending Title 10 Of
The Avon Municipal Code To Enact A Schedule Of Fines For Parking Violations, Enact
Authority To Boot And Impound Vehicles With Parking Violations, And Establish A Commercial
Core For Increased Parking Fines. Councilor Phillips seconded the motion and it passed
unanimously.
RESOLUTIONS
Shane Pegram, Engineer II, presented Resolution 08-51, Series of 2008, Resolution Approving
the Final Plat, A Resubdivision of Lot 69, Block 4, Wildridge, Town of Avon, Eagle County,
Colorado (5351 Ferret Lane). He noted that this Final Plat resubdivides Lot 69, Block 4,
Wildridge into two distinct lots, Lot 69A and 69B, and creates an access easement across 69B
for the benefit of 69A. With no further comments, Councilor Ferraro moved to approved
Resolution 08-51, Series of 2008, Resolution Approving the Final Plat, A Resubdivision of Lot
69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5351 Ferret Lane). Councilor
Carroll seconded the motion and it passed unanimously.
Regular Council Meeting Page 2 of 4
08.12.09
Matt Gennett, Planning Manager, presented Resolution No. 08-52, Series of 2008; Resolution
Adopting a new Master Plan for the Hann A. Nottingham Park. Pedro Campos from VAg, Inc.
reviewed the master plan document. It was noted that the plan was reorganized to include
phasing, with three tiers of recommendations.
Mayor Pro Tem Sipes moved to approve Resolution No. 08-52, Series of 2008, Resolution
Adopting a new Master Plan for the Harry A. Nottingham Park; Councilor Ferraro seconded the
motion and it passed unanimously.
TOWN MANAGER REPORT
Larry Brooks, Town Manager, noted that the town would be becoming a member of the' Rocky
Mountain Rail Authority, an organization whose mission; is -to,, establish a structure and
opportunity for the member to define, promote and implement mass transportation services and
solutions to Colorado's growing transportation infrastructure needs and to facilitate- rail service.
The documents would be included on the January 13th agenda.
TOWN ATTORNEY REPORT
Eric Heil provided updates to the suits pending with the, Village at. Avon. He noted that a
.response to the TCMD has been filed as of last Thursday. As:_related to the vested rights suit,
mediation continues with a deadline of, December 1914..1-'-He noted, there are still pending past
due invoices with TCMD for the Nottingham Puder Ditch maintenance costs.. The Town
communicated with TCMD to move forward with the improvements" to E. Beaver Creek Blvd;
they will likely respond with financial information and ability to pay for those improvements. The
construction of the water tank agreements between the ERWSD, the, town, were. drafted,
however, the town has not yet heard any comments back from the Village at Avon, Traer Creek.
And the subdivision expires in June 2009. Snow will be stored on the ERFPD site; confirmed
with an email. It was also noted that a certified letter was sent to the Village at Avon stating that
they are in violation of the agreement with the parking that has been occurring on RMF 1.
MAYOR REPORT
Mayor Wolfe asked about 09 committee assignments "and whether or not there should be
assigned a council member to serve as a liaison to that group. Town Attorney Heil noted that it
would be appropriate but that those parties should be mindful of the litigation pending. This item
would be scheduled for discussion at the January 13th meeting. The topic of the need for a new
revenue source for transportation was raised . especially in light of proposed bus service to
Wildridge and Village at Avon. It was noted that staff would need to identify the status of the
unresolved issue with the school site location and the Village at Avon. And finally he noted that
the Eagle Valley Land Exchange continued to be addressed by all parties and hopefully soon
there will be a plan and architecture of the deal.
--SIGNATURE PAGE FOLLOWS:--
Regular Council Meeting Page 3 of 4
08.12.09
There being no further business to come before the Council, the meeting was adjourned at
7:15 PM.
RESPECTFULLY SUBMITTED:
Patty McKenn wn Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reyni
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 4 of 4
08.12.09