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TC Minutes 03-22-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 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 5:35 PM. A roll call was taken and Council members present were, Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, and Amy Phillips. 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, 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 to further discuss the topics on the agenda. Town Attorney Eric Heil noted that there was no conflict of interest at that time. COMMUNITY & CITIZEN INPUT a. Janet Rinaldi presented a Comcast services update on the following: ✓ Vail Technical Audit ✓ Status of New Product Launches ✓ Customer Service Initiative ✓ Community Investment b. Written Public Comments on the "Snowball Music Festival" / Emails Only c. Avon residents as follows: Robert Edlebeck and Kathy Ryan addressed the council regarding their concerns on noise and trash pickup from the Snowball Music Festival and other miscellaneous items about the weekend. Mayor Carroll thanked them for their comments and reminded everyone about a Snowball follow -up report at the next Council Meeting on April 121h CONSENT AGENDA Mayor Carroll asked for a motion on the consent agenda. Mayor Pro Tern Ferraro moved to approve the consent agenda; Councilor Phillips seconded the motion and it passed unanimously by those members present (Reynolds Absent). a. Minutes from March 8, 2011 b. 2011 Regional Hazardous Material Association of Eagle County Maintenance Agreement RESOLUTIONS Jane Burden, Transit Manager presented Resolution No. 11 -05, Series of 2011, A Resolution Authorizing the Town of Avon to Establish a ParaTransit Plan in Accordance with Regulations of the United States Department of Transportation, 49 Code of Federal Regulations Part 37. A review of the updated Paratransit Plan was given. Mayor Carroll opened the public hearing, no comments were made and the hearing was then closed. Councilor Phillips moved to approve Resolution No. 11 -05, Series of 2011, Resolution Authorizing the Town of Avon to Establish a ParaTransit Plan in Accordance with Regulations of the United States Department of Transportation, 49 Code of Federal Regulations Part 37. Councilor Goulding seconded the motion and it passed unanimously by those members present (Reynolds Absent). Kelly Huitt, Budget Analyst presented Resolution No. 11 -06, Series of 2011, A Resolution to amend the 2011 Town of Avon Budget and reviewed the proposed amendments to the General Fund, Fleet Maintenance Enterprise Fund, and Transit Fund as well as adjustments to the funds as related to personnel savings, additional expenditures, transfer, revenues, etc. Mayor Carroll opened the public hearing, no comments were made and the hearing was then closed. Mayor Pro Tern Ferraro moved to approve Resolution No. 11 -06, Series of 2011, A Resolution to amend the 2011 Town of Avon Budget. Councilor Phillips seconded the motion and it passed unanimously by those members present (Reynolds Absent). Scott Wright, Assistant Town Manager Finance presented Resolution No. 11 -07, Series of 2011, A Resolution to amend the 2011 Town of Avon Capital Projects Fund Budget. He made a review of the proposed capital projects fund supplemental budget amendment with changes to some of the following: ➢ Real Estate Transfer Tax Revenues, ➢ Carryover of Unexpended Project Funds from 2010, ➢ Operating Transfer Out — Debt Service Fund. ➢ 2011 CIP ➢ Project Future Fund Balances Mayor Carroll opened the public hearing, no comments were made and the hearing was then closed. Councilor Phillips moved to approve Resolution No. 11 -07, Series of 2011, Resolution to amend the 2011 Town of Avon Capital Projects Fund Budget. Councilor Goulding seconded the motion and it passed unanimously by those members present (Reynolds absent). Justin Hildreth, Town Engineer presented Resolution No. 11 -08, Series of 2011, A Resolution Authorizing the Town Manager of the Town of Avon to Establish a Written Procurement Policy. He reviewed the policy which is a document required by the Federal Transportation Administration for the Swift Gulch Project. He noted that the policy provides guidance to town employees on roles and responsibilities with respect to procurement. It was suggested that following revision be made to the last paragraph and then also remove the final Nos. 1 and 2: WHEREAS, the Town Manager; h= =-�$rµn M� f }nanEe En,,,. l,thOF Ze a - may amend the Procurement Policy from time to time as required, provided that the revisions meet the intent of the Policy and allow for fair and open competition in Town procurement activities. Councilor Goulding moved to approve Resolution No. 11 -08, Series of 2011, Resolution Authorizing the Town Manager of the Town of Avon to Establish a Written Procurement Policy along with a couple of changes as recommended by the Town Attorney as noted above. Councilor Phillips seconded the motion and it passed unanimously by those members present (Reynolds Absent). Jeff Schneider, Project Manager, presented Resolution No, 11 -03, Series of 2011, A Resolution Approving the Grant Agreement between the Town of Avon and the State Board of the Great Outdoors Colorado Trust Fund for Local Parks and Outdoor Recreation Special Opportunity Grant 11119 for the Eagle Valley Trail Bridge over the Eagle River at Avon Road. He made a review of the resolution that approves the grant agreement awarding $497K of GOCO funds for the construction of the bridge. It was also noted that this Resolution requires 2/3 majority vote for approval. The Town was appreciative of staff's effort to obtain this grant funding. Councilor Dantas moved to approve Resolution No, 11 -03, Series of 2011, Approving the Grant Agreement between the Town of Avon and the State Board of the Great Outdoors Colorado Trust Fund for Local Parks and Outdoor Recreation Special Opportunity Grant Regular Council Meeting Page 2 of 4 Minutes 11.03.22 11119 for the Eagle Valley Trail Bridge over the Eagle River at Avon Road. Mayor Pro Tern Ferraro seconded the motion and it passed unanimously by those members present (Reynolds Absent). NEW BUSINESS Jeff Schneider, Project Manager, presented the Intergovernmental Agreement between Town of Avon and Eagle County, Colorado noting that it was the Avon to Eagle -Vail Recreational Trail Project. He noted that the IGA forms the partnership in project funding, management of tasks, and project ownership. He described the project that constructs pedestrian and bicycle trail from Avon Road to Eagle Vail on north side of HWY 6, and bridge that will span Eagle River on east side of Avon Road Bridge. It was suggested to omit the word "intentional" in Section IV, 4.1 Indemnity. Mayor Pro Tern Ferraro moved to approve Intergovernmental Agreement between Town of Avon and Eagle County, Colorado, Concerning the Avon to Eagle -Vail Recreational Trail Project with the change made to omit "intentional" from the last sentence. Councilor Phillips seconded the motion and it passed unanimously by those members present (Reynolds Absent). COUNCIL AND STAFF UPDATES ➢ Councilor Goulding gave a Beaver Creek Update. ➢ Sally Vecchio, Assistant Town Manager Community Development, presented the Town of Avon Three Mile Planning Update with a review of statutory requirements, the elements, and the process for adopting the town's "Three Mile Plan" The following overview was presented: • Municipal Annexation Act • Avon's Annexation goals and policies • Purpose of Avon three mile plan • Planned growth areas • Urban Growth Boundaries • Resource Areas ➢ Update on CDOT response to the Town of Avon's 1 -70 Noise Berm Design/ Memo Only ➢ Financial Matters/ Memo only MAYORS REPORT Mayor Carroll reported on the following topics ➢ Eagle Valley Land Exchange Update ➢ Eagle County Open Space Advisory Committee Update ➢ Set Agenda for "Joint Meeting" on April 12`h with Eagle County Board of Commissioners to discuss the following: 3 Mile Plan, Joint Transit Discussions, Economic Development, EVLE, Affordable Housing Plan, Airport, Storm Water Management ➢ Town of Vail invited the Avon town council to a meeting on April 19 or May 3, a discussion between council members was held and May 3 was selected by all council members present. (Reynolds Absent) EXECUTIVE SESSION Councilor Phillips moved to reconvene the Executive Session at 7:S0 PM; Mayor Pro Tern Ferraro seconded the motion and it passed unanimously by those present (Reynolds Absent). The following reason was noted for the discussion: Regular Council Meeting Page 3 of 4 Minutes 11.03.22 a. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) discussion related to potential acquisition of real estate pursuant to Colorado Revised Statute §24- 6-402(4)(a) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(d) specifically related to the U.S. Forest Service Multi Party Land Exchange The Executive Session adjourned at 8:40 PM and convened to the regular meeting. There being no further business to come before the Council, the meeting adjourned at 8:40 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 11.03.22