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TC Minutes 02-22-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 22, 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 6:00 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, Director PW &T Jenny Strehler, Community Relations Officer Jaime Walker and Deputy Town Clerk Catherine Mythen, 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. Item (b) from the work session was added to the regular meeting as item 8 (b) under "Unfinished Business ", Gore Creek Water Quality Improvement Plan Funding Request. The Town Attorney noted that there were no conflicts of interest. COMMUNITY & CITIZEN INPUT Meryl Jacobs presented the promoters and event managers of the "Snowball Music Festival', Chad Donnelly, Scott Stoughton, and Rob Thomas reviewed the various event plans, transit, security, parking and ticket sales. Avon Staff: Danita Chirichillo, Meryl Jacobs, Greg Daly, Jenny Strehler, and Eagle River Fire District Staff were available to answer questions. Mayor Carroll mentioned that the town received an email from Tricia Gimble regarding the snowball festival and an email from Dave Whitman regarding the placement of Real Estate signs in the Town. CONSENT AGENDA Mayor Carroll asked for a motion on the consent agenda. Councilor Dantas moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously. a. Minutes from February 8, 2011 b. Community Heat Recovery Project Construction Contract Change Order 04 NEW BUSINESS Jane Burden, Transit Manager Town of Avon gave a review on the updated Paratransit Plan • Purpose of Plan update • ADA compliance • FTA oversight for plan content and implementation • Reviewed the current service area • Future expansion map proposed future transit expansion • How to obtain service • Certification Obligations She noted the public hearing would be scheduled for March 22, and the beginning of the 30 day public comment period is February 22 until March 2, 2011. She noted where comments could be sent, made via email, website, or submitted at the municipal building. Meryl Jacobs, Recreation Director and Adam Lueck, Operations Manager, Vail Valley Foundation presented the Agreement between Town of Avon and CBR, LLC designating Avon as a Host to Stage Start for the Quiznos Pro Challenge Bicycle Tour. They presented the contract and provided an update for event which takes place August 22 through August 28, 2011 (Bike Race Start in Avon on August 26, 2011). The agreement sets forth the rules of engagement for the following: ➢ Development of local sponsorship opportunities ➢ Ancillary events ➢ Other revenue generating opportunities such as concessions, merchandise, etc ➢ Use of Tour Marks ➢ Broadcast & Media rights ➢ Ownership of creative and intellectual property ➢ Indemnification requirements ➢ Terms for termination ➢ Insurance Requirements ➢ Force Majeure ➢ Cancellation or Postponement of Tour ➢ Arbitration Councilor Goulding move to approve the Quizno's Contract; Councilor Evans seconded the motion and it passed unanimously. Sally Vecchio, Assistant Town Manager Community Development, presented a request to initiate Avon Development Code Text Amendment to add a Temporary Use Permit Process. She reviewed procedures of the text amendment. It was noted that the P &Z Commission would have 75 days to schedule a public hearing, and then make its recommendation to the Council within 35 days of the hearing. The Council would render a final decision on the proposed amendments after conducting a public hearing. Councilor Reynolds moved to approve and directed staff to draft the amendments; Mayor Pro Tern Ferraro seconded the motion and it passed unanimously. ORDINANCES Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 11 -04, Series of 2011, First Reading, An Ordinance Amending Title 7 of the Avon Municipal Code. She reviewed the proposed code amendments which addressed topics of medical marijuana and historic preservation guidelines. Janette Hicks, President of the Historic Committee, discussed several items as follows: ➢ Confirmation that the Ordinance included in the old code would be retained in the new code ➢ Request that the Avon Historic Preservation Committees recommended changes would be included as follows: o changes to Section 5, 7.12.070 Duties: In addition to the above purposes, HPAC shall have the following functions and Duties: Additions: (3) Promote preservation through development of relationships with multiple nonprofit agencies, state or local governments, and academics, Regular Council Meeting Page 2 of 4 Minutes 11.02.22 (4) Develop resources: Researching private entities who can promote preservation through written documentation and media, ➢ Standards for Governing Development plans for Sites & Structures having Landmark Designation ■ Section 6 (e) Retain Secretary of Interior standards Town Attorney Eric Heil explained that the ordinance that was not in the code was an oversight. Dr. Karen Nagle reiterated the need for the historic ordinances. Councilor Reynolds moved to table the ordinance until the next meeting; Councilor Dantas seconded the motion and it passed unanimously. The historic preservation language was tabled in order that staff return with language that would address their concerns. Councilor Phillips moved to approve Ordinance No. 11 -04, Series of 2011, An Ordinance Amending Title 7 of the Avon Municipal Code without the Historic Preservation Guidelines language, but including the medical marijuana, the public notices and the tap fee language. Councilor Reynolds seconded the motion and it passed unanimously. Again, it was noted that the historic preservation language would return with the next code text amendment in order to give a chance to revise the section with a review by the committee members. UNFINISHED BUSINESS Jenny Strehler, Director PW &T, presented the "Funding Request" from Beaver Creek Resort Company. Larry Brooks, Town Manager, described the town's current financial position of not really being able to cut operations further, but rather taking the expenditure from the General Fund reserves. Some of the following items were discussed: ✓ the council packet included projected general fund reserves for the next four years ✓ The $140K amount is both the daytime and night time shuttle; previous years had been request for funding just the daytime service. ✓ The Westin has made a verbal commitment funding contribution of about $10K. ✓ Seek a permanent funding source ✓ The transit review discussion would occur on March 22nd ✓ Asked Tim Baker to return to his Board with a message about the maintenance work being done with the TOA in light of the town funding transit ✓ Would agree to help fund nominal amount because budget doesn't allow for funding Councilor Goulding moved to fund the Avon / Beaver Creek express shuttle, both daytime and nighttime service, and if the Westin Riverfront Resort & Spa contributes to this service, the difference would then be split between BCRC and TOA, with an amount not to exceed $70,152 for the ski season. Councilor Phillips seconded the motion and it passed with a four to two vote (Evans, Goulding, Phillips, and Reynolds — aye; Ferraro, Dantas nay). It was requested that a post season report from BCRC be made at the end of the season. There was council interest to find a permanent funding source for transit services. Regular Council Meeting Page 3 of 4 Minutes 11.02.22 Jenny Strehler, Director PW &T, presented additional information to the topic on the Funding Request for the "Gore Creek Water Quality Improvement Plan" (a project of the Urban Runoff Group). This topic was presented at the work session and then a request for a contribution to identify sources of urban runoff and set up a mechanism to fund specific corrective actions. It was agreed that all governmental agencies contribute to this program. Councilor Goulding moved to fund the request in the amount of $3,700 from the Water Fund; Councilor Evans seconded the motion and it passed unanimously. MAYORS REPORT Mayor Carroll noted that there would be a EVLEX meeting on 2/24/11 with Eagle County, etc. EXECUTIVE SESSION Mayor Pro Tern Ferraro moved to reconvene the Executive Session at 9:10 PM; Councilor Evans seconded the motion and it passed unanimously. The following reason was noted for the continued 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 The Executive Session adjourned at 10:00 PM and convened to the regular meeting. There being no further business to come before the Council, the meeting adjourned at 10:00 PM. APPROVED: Rich Carroll Dave Dantas Chris Evans Kristi Ferraro Todd Goulding Amy Phillips Albert "Buz" Reynolds RESPECTFULLY SUBMITTED: Regular Council Meeting Page 4 of 4 Minutes 11.02.22