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TC Minutes 10-26-2010MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD OCTOBER 26, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Pro Tern Sipes 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 and Brian Sipes. Ron Wolfe and Buz Reynolds was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Patty McKenny, Assistant Town Manager Community Development Sally Vecchio, Assistant Town Manager Finance Scott Wright, Town Engineer Justin Hildreth, as well as other staff members and the public. AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Mayor Pro Tern Sipes noted that there were no additions or changes to the agenda. The Town Attorney noted that there were no conflicts of interest. COMMUNITY INPUT ✓ Chris Green, Wildridge resident, commented on his experience in choosing and dealing with cable, telephone and internet purchases. It was noted that public input would be sought after in the near future due to the current cable franchise agreement negotiations. CONSENT AGENDA Mayor Pro Tern Sipes asked for a motion on the consent agenda. Councilor Carroll moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously (Reynolds and Wolfe absent). a. Minutes from September 28 and October 12, 2010 b. Community Heat Recovery Project Change Order 02 with GE Johnson Construction Company (Jeff Schneider, Project Engineer) NEW BUSINESS Bob Ticer, Police Chief, presented the Appeal Letter from AAA Boot Services (Nick Antuna) on the Revised Rules & Regulations Governing Parking Enforcement and Towing Companies established by the Avon Police Chief. Nick Antuna commented that the charges related to this requirement would require him to raise his rates; he did not see a need to check the backgrounds of his spotters and ticket writers. Councilor Ferraro moved to deny the appeal request of AAA Boot; Councilor Carroll seconded the motion and it passed unanimously (Reynolds; Wolfe absent). Jenny Strehler, Director PW &T, presented an update on the Swift Gulch Project and related grants with a review of the council packet memo. ORDINANCES Jenny Strehler, Director PW &T, presented Ordinance No. 10 -18, Series of 2010, Second Reading, An Ordinance Adopting Local Designation of Noxious Weeds. It was noted that this item was continued from the last meeting. She presented a review of the proposed ordinance that allows for 30 day public notice period as well as amends the list to include several weeds designated by the State of Colorado for control or eradication. Mayor Pro Tern Sipes opened the Public Hearing and input was received from Michael Lindholm, Traer Creek RP, who made the following points: ■ that the charges for the public records request were too high • What does the "taking action" mean per the council memo paragraph 3 on page 2 • He walked and drove around town and noticed that there are many properties that are not in compliance with the weed ordinance Town Attorney Eric Heil reviewed the chain of events in drafting the ordinance, Councilor Phillips moved to approve Ordinance No. 10 -18, Series of 2010, Second Reading, An Ordinance Adopting Local Designation of Noxious Weeds with the following additions to the language: ✓ WHEREAS, the Town Council adopted Ordinance No. 10 -06 An Ordinance Enacting Noxious Weed Controls on April 27, 2010; and ✓ WHEREAS, the Town Council conducted public hearing on this Ordinance on September 28, 2010; October 12, 2010; and October 26, 2010; and Councilor Ferraro seconded the motion and it passed unanimously (Reynolds, Wolfe absent). Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel. Discussion ensued on the following two topics: • mandatory housing mitigation with information related to the review of the employee generation formula. Discussion ensued on the topic with some suggested changes to the language proposed. • The purpose of the driveway standards in relationship to other services provided by public works and engineering along with a review of the existing guidelines and the new development code; it was noted that the new standard is actually less strict; and there is Mayor Pro Tern Sipes opened the Public Hearing and the following people commented: ✓ Chris Evans, resident, commented on the housing mitigation ✓ Todd Goulding, Chairman P &Z Commission, commented on the driveway standards and suggested giving some language that would allow public works director room to make the decision; topic should be further reviewed by P &Z Commission ✓ Chris Green, resident & P &Z member, reviewed his letter with the council Mayor Pro Tern Sipes asked about whether or not there were written comments made by Councilor Reynolds; none were submitted however, he did speak with Matt Gennett regarding the driveway standards. Town Attorney Eric Heil addressed the comments submitted by Chuck Madison, East West Partners, Mayor Pro Tern Sipes asked Councilor Dantas about what other concerns he might have and he noted his concerns still existed about housing. Further discussion ensued and a following motion was made: Councilor Dantas moved to table Ordinance No. 10 -14; there was not a second to the motion. It was agreed to take a break in order that the Town Attorney compile the suggested changes. Eric Heil then presented a draft of the proposed changes that were discussed throughout the evening. Need to discuss further price restriction and the 10% mitigation. Regular Council Meeting Page 2 of 3 10.10.26 Councilor Phillips moved to approve Ordinance No. 10 -14, Series of 2010, Second Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel with the thirteen changes submitted by the town attorney (see attached notes). Councilor Ferraro seconded the motion and it passed with a three to of\e, vote ( Dantas — nay; Reynolds; Wolfe absent). Since there were not four votes in favor of the motion another motion was made by Councilor Ferraro to table Ordinance No. 10 -14, seconded by Councilor Carroll and approved unanimously. There being no further business to come before the Council, the regular meeting adjourned at 10 PM. APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reynol%AQ Brian Sipes Ron Wolfe RESPFULLY SUBMITTED: Regular Council Meeting Page 3 of 3 10.10.26