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TC Minutes 01-12-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JANUARY 12, 2010 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 5:30 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, Assistant Town Manager Management Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Police Chief Brian Kozak, Assistant Town Manager Community Development Sally Vecchio and Public Works and Transportation Director Jenny Strehler as well as members of the public. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Mayor Wolfe noted that he would recuse himself from discussion on Ordinance No. 09 -20, Approving the Mountain Star Conservation Easement. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tem Sipes moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously; Councilor Ferraro abstained on voting on the minutes due to her absence from the meeting. a. Minutes from December 8, 2009 b. Resolution No. 10 -01, Series of 2010, Resolution approving the locations for posting the notices of public meetings (Patty McKenny, Town Clerk) c. Monroe & Newell Engineers, Inc. — Nottingham Lake Fishing Pier Design Proposal (Shane Pegram, Engineer II) Approval of MNE's proposal to provide construction documents and construction observation for the Nottingham Lake Fishing Pier ORDINANCES Mayor Wolfe stepped down at this time due to a conflict of interest. Eric Heil, Town Attorney, presented Ordinance No. 09 -20, Series of 2009, Second Reading, Ordinance Approving and Accepting Mountain Star Conservation Easement. It was noted the modifications of the existing conservation easement is applied to open space areas but not to Tract AA which was dedicated to the Town for municipal purposes. He also noted that the Mountain Star homeowners have approved this easement. Mayor Pro Tem Sipes opened the public hearing, no comments were made, the hearing was closed. Councilor Dantas moved to approve Ordinance No. 09 -20, Series of 2009, Second Reading, Ordinance Approving and Accepting Mountain Star Conservation Easement; Councilor Ferraro seconded the motion and it passed unanimously. Eric Heil, Town Attorney, presented Ordinance No. 10 -01, Series of 2010, Ordinance Declaring a Moratorium on Medical Marijuana Dispensaries for 180 days and Declaring an Emergency. He explained the reason behind the emergency legislation and noted that he would ask for 200 days timeframe in order to better coincide with the council meeting dates. He noted that the proposed emergency moratorium ordinance addresses the issuance of business licenses for medical marijuana dispensaries until some regulations can be drafted and reviewed by the council. It was noted that the effective date of the legislation was eight days after adoption; Mr. Heil noted that the town does not need to approve an application if submitted prior to the effective date. TOWN MANAGER REPORT Larry Brooks, Town Manager, presented updates to the work being done by the Rocky Mountain Rail group and the 1 -70 Coalition. There would be an update on the odor problem occurring in Avon at a future meeting as well. TOWN ATTORNEY REPORT Eric Heil, Town Attorney, noted that there will be an update at the next meeting on proposed URA legislation. There being no further business to come before the Council, the executive session and the regular meeting adjourned at 6:20 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reyl Brian Sipes Ron Wolfe RESPECTFULLY SUBMITTED: r r Patty McKen Town Clerk Regular Council Meeting Page 2 of 2 10.01.12.doc