TC Minutes 01-26-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 26, 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
Town Attorney Eric Heil noted a conflict of interest for Councilor Ferraro for the Red House
documents under Resolution & Ordinances.
COMMUNITY INPUT
a. Chris Kline, sixteen year resident of Avon on W. Beaver Creek Blvd., commented on his
recent correspondence from the town on his light fixture and his concern about imposing this
on residents. It was noted that the legislation was adopted five years ago and residents
would be required to comply. After some discussion, Council directed staff to return with a
proposal to extend the date for compliance.
b. Brian Kolso, Wildridge resident, commented on the recycling area in Avon as being a
"mess ". He noted that there were other locations that have a much better appearance. It
was noted that the Eagle Valley Alliance is the group responsible for maintaining the site.
Sally Vecchio, Assistant Town Manager, noted that the town has contacted the Alliance
about violations to the Municipal Code with regard to signage and the fence.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Councilor Dantas noted that he did not
agree with the proposal or manner in which to repair the Rec Center roof. He suggested that it
should be vented below to get rid of the moisture. There was discussion about a warranty
period and who would be responsible if problems reoccurred. Mayor Pro Tern Sipes moved to
approve the consent agenda; Councilor Ferraro seconded the motion and it passed
unanimously.
a. Minutes from January 12, 2010
b. 2009 Audit Engagement Letter (Scott Wright, Asst. Town Manager Finance) Contract with
McMahan and Associates for auditing services
c. Engagement Proposal from Heizer Paul LLP (Eric Heil, Town Attorney) Proposal for legal
services
d. Revised Engagement Letter from Heil Law and Planning LLC (Eric Heil, Town Attorney)
Revised proposal for legal services with revisions to insurance coverages
e. Resolution No. 10 -02, Series of 2010, Resolution authorizing a contract with the
Colorado Department of Natural Resources, Division of Wildlife related to Project FIF-
1659-10, Harry A. Nottingham Lake Fishing Pier, for Construction of a Fishing Pier and
Access Path (Shane Pegram, Engineer II)
f. bliss, Janey, Elstner Associates, Inc. (Shane Pegram, Engineer II) Proposal to complete
construction documents for the Recreation Center Roof Replacement and CMU Block Repair
RESOLUTION
Sally Vecchio, Assistant Town Manager Community Development, presented Resolution No.
10 -03, Series of 2010, Resolution Readopting a Temporary Fee Reduction and Waiver Program
for Zoning, Design Review and Building Permit Applications Collected by The Town of Avon.
She noted that this Resolution addressed the extension to the fee waiver program and noted
that if council did not want to proceed with adopting the resolution, there would be no action
taken because the current resolution expires on its own. Comments were made in both support
and opposition to extending the program. Councilor Ferraro moved to approve Resolution
Readopting a Temporary Fee Reduction and Waiver Program for Zoning, Design Review and
Building Permit Applications Collected by The Town of Avon. Councilor Reynolds secnded the
motion and it passed with a four to three vote (Dantas, Reynolds, Sipes, Wolfe — yea; Carroll,
Ferraro, Phillips — nay). It was noted that the program expires May 12, 2010, and staff was
directed to be proactive in getting the "word out" about this fee reduction.
Councilor Ferraro recused herself from the meeting at this time (6:30 PM) due to a conflict of
interest with the remainder of the agenda items.
Sally Vecchio, Assistant Town Manager Community Development, presented Resolution No.
09 -29, Series of 2009, Resolution Approving the Final Plat, Eagle River at Avon, A
Resubdivision of Lots 1 and 2, Exemption Plat, Red House, Section 12, Township 5 South,
Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado. She
noted that this was a Revised Final Plat for Red House Development. It was noted that was
tabled at the November 10 and December 8, 2009 Meetings. She reviewed in detail the
"Restrictive Covenants" as outlined in the council memo and noted on the final plat; both the
applicant and staff were in agreement with the language. Councilor Phillips moved to approve
Resolution No. 09 -29, Series of 2009, Resolution Approving the Final Plat, Eagle River at Avon,
A Resubdivision of Lots 1 and 2, Exemption Plat, Red House, Section 12, Township 5 South,
Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado. Mayor
Pro Tern Sipes seconded the motion and it passed unanimously by those present (Ferraro
recused).
Shane Pegram, Engineer II, presented Resolution No. 09 -30, Series of 2009, Resolution
Approving a Second Supplemental Water Lease Agreement With The Upper Eagle River Water
Authority. It was noted that this agreement increases the total SFE's that the Authority will
service to the Town by 15 SFE's to account for the Red House development and that the
Resolution was tabled at November 10 and December 8, 2009 Meetings. It was noted that this
Second Supplement Water Lease Agreement will update the Water Lease Agreement to include
the Red House Development, dedicating the appropriate water rights to serve the needs of the
project. Mayor Pro Tern Sipes moved to approve Resolution No. 09 -30, Series of 2009,
Resolution Approving a Second Supplemental Water Lease Agreement With The Upper Eagle
River Water Authority. Councilor Carroll seconded the motion and it passed unanimously by
those present (Ferraro recused).
ORDINANCES
Shane Pegram, Engineer II, presented Ordinance No. 09 -19, Series of 2009, Second Reading,
An Ordinance Approving a Landscape Construction and Maintenance Easement Agreement
between the Town and Vail Associates, Inc. He noted that this easement agreement is part of
the Development Agreement with The Vail Corporation d /b /a Vail Associates, Inc. for the Red
House Property and requires the owner to fulfill obligations to construct, install and maintain
certain landscape and irrigation improvements on the property.
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Mayor Wolfe opened the Public Hearing, no comments were made, the hearing was closed.
Councilor Carroll moved to approve Ordinance No. 09 -19, Series of 2009, Second Reading, An
Ordinance Approving a Landscape Construction and Maintenance Easement Agreement
between the Town and Vail Associates, Inc. Councilor Phillips seconded the motion and it
passed unanimously by those present (Ferraro recused).
TOWN MANAGER REPORT
Larry Brooks, Town Manager, presented updates on the following topics:
✓ NWCCOG membership, dues, and provided services with elevator maintenance
✓ Water Treatment Plant
MAYOR REPORT
Ron Wolfe, Mayor, presented updates on the following topics:
✓ Balancing the ECO budget with a reduction in service level
✓ US Forest Service Land Exchange
There being no further business to come before the Council, the regular meeting adjourned at
6:55 PM.
APPROVED
Rich Carroll
Dave Dantas
Kristi Ferrarc
Amy Phillips
Albert "Buz"
Brian Sipes
Ron Wolfe
RESPECTFULLY SUBMITTED:
Patty McKenny,/Ttn Clerk
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