TC Minutes 04-13-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD APRIL 13, 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, Kristi Ferraro, Amy Phillips, Buz Reynolds and Brian Sipes.
Dave Dantas was absent. Also present were Town Attorney Eric Heil, Town Manager Larry
Brooks, Asst. Town Manager Mgmt Services Patty McKenny, Town Engineer Justin Hildreth,
Assistant Town Manager Finance Scott Wright, Assistant Town Manager Community
Development Sally Vecchio, Recreation Director Meryl Jacobs, Community Relations Officer
Jaime Walker as well as members of the public.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
There were no changes to the agenda and no conflict of interest topics.
COMMUNITY/ CITIZEN INPUT
Rick Sackbauer noted the May 4th election for the ERWSD Board and asked for everyone's
consideration in electing him to another term.
Carole Warren, Avon resident, read a letter addressing the booting ordinance and various
related topics.
Tambi Katieb, Eagle River Watershed Council, Submit invitation to April 14th State of the Rivers
Report Open House to be held at Avon's Town Hall
Peter Dann, Executive Vice President Director of Operations East West Resorts, presented a
funding request on behalf of the Xterra Mountain Cup Event to be held July 17, 2010. He
requested a waiver of certain fees as outlined in the town council packet memo. The Town
Council agreed that this was the type of event Avon would like to host & waived the $125 of
permit fees. There was consensus that the funding of the event should be included with the
"marketing" type groups in the budget, similar to IronKids. It was suggested that the topic of
funding events and community organizations would likely need to be addressed during the 2011
budgeting cycle.
Jaime Walker, Community Relations Officer, presented an update to the Connect Avon Now
"CAN" Focus Group Comments. She highlighted the next steps in moving the proposal forward
with ballot questions. It was noted that many of the respondents indicated a vote of support on
the proposal. The next public meeting is slated for April 29, 2010.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tern Sipes moved to
approve the consent agenda; Councilor Ferraro seconded the motion and it passed
unanimously by those present ( Dantas absent and Carroll abstained from voting on the
minutes):
a. Minutes from March 23, 2010
b. Nottingham Lake Fishing Pier Project Construction Contract Award to Thrasher, LLC
(Shane Pegram, Engineer II) Proposal to award professional services agreement to Thrasher,
LLC for the construction of the Nottingham Lake Fishing Pier project
c. Avon Community Heat Recovery Construction Contract Award to GE Johnson, Inc. (Jeff
Schneider, Project Engineer) Proposal to award professional services agreement to GE Johnson
Inc for the construction of the heat recovery facility
d. Resolution No 10 -13, Series of 2010, A Resolution of Support for a Colorado
Department of Transportation (CDOT) Grant Application for Construction of Recreational
Trail Improvements Along Highway 6 between Avon Road and the Eagle Vail Interstate
70 Interchange, Town of Avon, Eagle County, Colorado (Jeff Schneider, Project Engineer)
Support of a CDOT Grant application in partnership with EOC trails and Eagle County to continue
the Eagle Valley Core Trail along the Highway 6 corridor
NEW BUSINESS
Eric Heil, Town Attorney, presented the information related to the appeal on the denial of the
real estate transfer tax exemption application. The chain of events were outlined by Mr. Joseph
Frasco. After some discussion between the Town Council and Mr. Frasco, it was agreed that
denying the exemption would unduly penalize Mr. Frasco and the Town Council supported the
applicants appeal to deny the decision. It was suggested by the Town Attorney that some
proposed changes to the Town's Municipal Code would be drafted in order to prevent future
confusion on the matter. He also advised that if the council took no action the appeal would be
upheld. Therefore Mayor Wolfe asked for a motion to either approve or deny the matter; no
motion was made, and it was noted that the town would consider the appeal.
RESOLUTIONS
Scott Wright, Assistant Town Manager Finance, presented Resolution No 10 -12, Series of 2010,
A Resolution to Amend the Town of Avon Capital Projects Fund Budget. He made a review of
the supplemental budget amendment for the Capital Fund which addressed carryover of
unspent appropriations from the prior year. He noted that the changes resulted in an over $3M
fund balance for the CIP Fund. Mayor Wolfe opened the public hearing, no comments were
made, and the hearing was closed. Councilor Ferraro moved to approve Resolution No 10 -12,
Series of 2010, A Resolution to Amend the Town of Avon Capital Projects Fund Budget.
Councilor Carroll seconded the motion and it passed unanimously by those members present
(Dantas absent).
ORDINANCES
Jenny Strehler, Director PW &T, presented Ordinance No 10 -06, Series of 2010, Ordinance
Enacting Weed Control Regulations. She noted the proposed amendments would provide for
current and clearer language associated with weed control which would improve the town's
ability to regulate the problem of noxious weeds. Her presentation included definitions, result
and abatement procedures. The discussion and feedback resulted in the decision to delete the
nuisance weed portion of the text from the ordinance and return with a separate proposal to
address the nuisance weed. It was noted that the action would involve amending the
"International Property Maintenance Code (2009) ". Councilor Phillips moved to approve
Ordinance No 10 -06, Series of 2010, Ordinance Enacting Weed Control Regulation. Councilor
Ferraro seconded the motion and it passed unanimously by those present (Dantas absent).
Matt Jamison, Police Services Officer, presented Ordinance No 10 -07, Series of 2010, First
Reading, An Ordinance Repealing and Reenacting Avon Municipal Code Chapter 8.32 Wildlife
Protection Regulations. He reviewed the proposed amendments to the wildlife protection
regulations and noted that the language better defines what is required of residential and
commercial property owners. Mayor Pro Tern Sipes moved to approve Ordinance Repealing
and Reenacting Avon Municipal Code Chapter 8.32 Wildlife Protection Regulations. Councilor
Carroll seconded the motion and it passed unanimously by those present (Dantas absent).
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Mayor Pro Tern Sipes thanked the Avon Police Department for their efforts with the recent
incident at the Boat Building recognizing that because of their work and coordination a potential
disaster was avoided.
There being no further business to come before the Council, the regular meeting adjourned at
7:30 PM.
RESPECTFULLY SUBMITTED:
Q &mac
Patty B. MCK y, Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynol
Brian Sipes
Ron Wolfe
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