TC Minutes 01-25-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 25, 2011
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 Rich Carroll called the meeting to order at 5:45 PM A roll call was taken and Council members
present were, Dave Dantas , Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds.
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 Carroll noted that an executive session would be reconvened at the end of the regular meeting
And Committee Updates would be added to the regular meeting as item (d). The Town Attorney noted
that there was a business conflict with Councilor Dantas in the selection of the planning and zoning
Commissioner.
COMMUNITY INPUT
a. Richard Burnham, Transit Services, Email Only
CONSENT AGENDA
Mayor Carroll asked for a motion on the consent agenda. Councilor Evans moved to approve the
consent agenda; Councilor Goulding seconded the motion and it passed unanimously by those present.
a. Minutes from December 14, 2010
NEW BUSINESS
Mayor Carroll opened and presented the applicants that were interviewed at the Work Session, John
Minervini, Paul Siemonsma, and Timothy Losa.
Sally Vecchio, Asst Town Mgr Com Dev gave an overview of the criteria required in the selection
process of the New Planning & Zoning Commissioner.
• Registered Electors residing in Eagle County shall be eligible for Appointment, but a t least 5
members shall be registered electors of the Town at the time of their appointment to the P &Z.
• Registered electors of the Town of Avon should be preferred over persons who are not
registered electors. Persons having special skills and experience of particular value to the PZC
should be preferred over persons who do not
Sally Vecchio reviewed the current PZC membership as follows:
• 6 members - 5 residing in the Town at the time of their appointment, 1 residing in Eagle Vail
• Industry Professionals: 1 Architect, 1 Civil Engineer, 4 lay people ( all Avon residents)
Eric Heil addressed the public comment that was made at the beginning of the meeting earlier
regarding conflict of interest per the town's code of ethics 2.30.080 states that when there is a conflict
of interest the council member shall leave the room during the discussion and return for the next
agenda item.
The votes were turned in and Patty McKenny, Assistant Town Manager- Mgmt Services
Timothy Losa was selected as Avon's New Planning and Zoning Commissioner with a Four to two vote
as follows:
In Favor of Timothy Losa: Ferraro, Carroll, Goulding, Evans
In Favor of John Minervini, Reynolds
In Favor of Paul Siemonsma, Phillips
Justin Hildreth, Town Engineer presented the Contract Approval and Notice to Proceed for Professional
Services Agreement on the 1 -70 Transportation Operations Facility Project Review of the materials and
professional services agreement to proceed with the next phase of the design of the project some of
the items presented were: The project overview is as follows and some of the issues are as follows:
✓ Target Schedule
✓ Project Financial Planning
✓ Grant Funding
✓ Built Green Considerations
✓ Consultant Selection Process
✓ Previous Performance
✓ This Contract total value not to exceed 1,300,000
✓ Approval of PSA
Bob Armstrong, PIC Camp Dresser and McKee and Travis McIntosh, PE offered details regarding the
project, and the financial and phasing plan
Comments from Council members included the following:
Review of the contract regarding the comments on
✓ 5.1 b. Comprehensive General Liability insurance
✓ 6.0 Ownership
✓ 8.0 Remedies
✓ Include an updated project schedule
✓ Contract language revision with Eric Heil, Town Attorney
No motion is needed and the revised contact will be reviewed at the next council meeting
Patty McKenny, Asst Town Manager Mgmt Services presented the Snowball Music Festival Event
Update & Public Hearing for Amplified Sound Permit and reviewed the requirements of an amplified
sound permit.
Chad Donnelly, Scott Stoughton, and Rob Thomas presented a review of everything that they are
planning on this event. Rob Thomas Director of Operations gave an overview of how the event will
work. Councilor Dantas and Evans had concerns about transportation in the town for the event and it
was mentioned that there were working with places to get parking and there will be buses.
Chad Donnelly mentioned that 4,500 tickets have been sold so far and a 10 page welcome package
guide to promote businesses in Avon and the surrounding area are being put together for the event
Mayor Carroll asked about the noise factor and the applicants will orientate the stage so it is directed
towards the recreation center.
Councilor Evans addressed concerns brought to him regarding any explicit lyrics in the acts
Concerns regarding the ice was mentioned and the applicants mentioned they are working with Danita
Chirichillo, Special Events Coordinator on fulfilling these needs.
Mayor Carroll opened the public hearing, comments were made by the following people: Richard
Wheelock, Agave, Kent from Loaded Joes, Greg, Vinn 48, Jim Herman, Avondale, Susan Swimm,
Paddy's, Maggie Parker, Finnegans Wake, Randy Guicci, Jaime Fisher, Westin, Michael Cappico and Dan
Avon Bakery all were in favor of the snowball festival. Nick Antuna representing West Beaver Creek
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Blvd requested that people respect the signs posted regarding parking. Kristin McKnight mentioned
that she hand a good working relationship with Scott Stoughton in the past the public hearing was
closed. Councilor Ferraro moved to approve the Snowball Music Festival. Councilor Dantas seconded
the motion and it passed unanimously.
Dave Dantas departed the meeting at 7:30 pm.
UNFINISHED BUSINESS
Jeff Schneider, Project Engineer presented the Community Heat Recovery Project Design Services
contract Change Order 01 for Contract with Camp, Dresser, and McKee Review of CO that increases the
design services contract because of additional manpower & travel expenses related to programming,
testing & troubleshooting of the system
Jeff Schneider, Project Engineer presented the Community Heat Recovery Project Construction
Contract Change Order 03 for Contract with GE Johnson Review CO that will decrease construction
contract because of some changes in costs related to the system
Mayor Pro tem Ferraro moved to approve the Community Heat Recovery Project Design Services
contract Change Order 01 for Contract with Camp, Dresser, and McKee Community Heat Recovery
Project Construction Contract and Change Order 03 for Contract with GE Johnson Councilor Goulding
seconded the motion and it passed unanimously by those present ( Dantas Absent).
Jenny Strehler, Director PW &T reviewed the status of Avon's revised Fleet Services Agreements with
area agencies and questions from Councilor Goulding were regarding the contacts and there is no
guarantee to sign but discussions have been held with the area agencies. Town manager would be
authorized to make changes. A motion was made to approve the existing contracts by Councilor
Phillips and seconded by Councilor Evans A motion was made to amend the original signed agreements
by Mayor Pro Tern Ferraro and Seconded by Councilor Phillips and it passed unanimously by those
present (Dantas Absent)
ORDINANCES
Eric Heil, Town Attorney presented Ordinance No. 11 -01, Series of 2011, Second Reading, Ordinance
Accepting Lot 2, Chateau St. Claire. He reviewed the resolution that would accept the Quit Claim Deed
for Lot 2, Chateau St Claire Subdivision.
Mayor Carroll opened the public hearing, no comments were made and the hearing was closed.
Councilor Phillips moved to approve Ordinance No. 11 -01, Series of 2011, Second Reading, Ordinance
Accepting Lot 2, Chateau St. Claire. Mayor Pro Tern Ferraro seconded the motion and it passed
unanimously.
Sally Vecchio, Assistant Town Manager Community Development presented Ordinance No. 11 -02,
Series of 2011, First Reading, Ordinance Amending the Zoning Classifications of Certain Properties
Owned by the Town of Avon and Approval of Other Updates to the Official Zone District Map of the
Town of Avon follow -up legislation to the adoption of the Avon Development Code and to account for
zoning amendments that have been adopted since March 2008. The short term rentals need to be
included on the maps.
Mayor Carroll opened the public hearing no comments were made, the hearing was closed. Councilor
Goulding moved to approve Ordinance No. 11 -02, Series of 2011, First Reading, Ordinance Amending
the Zoning Classifications of Certain Properties Owned by the Town of Avon and Approval of Other
Updates to the Official Zone District Map of the Town of Avon follow -up legislation to the adoption of
the Avon Development Code and to account for zoning amendments that have been adopted since
March 2008 with the addition of any short term rentals to be included on the Map. Mayor Pro tem
Ferraro seconded the motion and it passed unanimously.
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Jenny Strehler, Director PW &T presented Ordinance No. 11 -03, Series of 2011, First Reading, Ordinance
Amending Local Designation of Noxious Weed Legislation that would amend the noxious weed plan
with one additional weed called the absinth wormwood. Councilor Reynolds moved to approve
Ordinance No. 11 -03, Series of 2011, First Reading, Ordinance Amending Local Designation of Noxious
Weed Legislation that would amend the noxious weed plan with one additional weed called the absinth
wormwood. Councilor Goulding seconded the motion and it passed unanimously.
Town Manager Report
Larry Brooks noted that the Mayor and he were invited to a meeting with the Eagle commissioners
Forest Service State Land Board on March 15`h
MAYORS REPORT
Mayor Carroll mentioned the OSAC meeting had been cancelled.
EXECUTIVE SESSION
Councilor Phillips moved to reconvene the Executive Session at 7:10 PM; Mayor Pro tem Ferraro
seconded the motion and it passed unanimously by those members present ( Dantas absent). The
following reasons were noted for the discussion:
a. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to pending
litigation regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer
Creek, LLC, et.al. v Town of Avon 2010 CV 316
b. Receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b)related to Colorado
Open Records Act request submitted on behalf of Traer Creek, LLC
The Executive Session adjourned at 9:45 PM and convened to the regular meeting.
There being no further business to come before the Council, the meeting adjourned at 9:45 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynold;
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