TC Minutes 08-23-2011MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD AUGUST 23, 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: Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds. Dave Dantas
was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Deputy Town
Clerk/ HR Asst. Catherine Mythen, 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, as well as other staff members and the public.
AGENDA APPROVAL & DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Town Attorney Eric Heil noted that there was a conflict of interest to report on one topic, item (b,)
under New Business Final Design Approval Extension request. Councilor Reynolds would recuse himself
on this topic.
COMMUNITY & CITIZEN INPUT
Councilor Reynolds wanted to extend his thanks to the Eagle Water and Sanitation District for
extending the hydrants on the south part of Wildridge.
CONSENT AGENDA
Mayor Carroll asked for a motion on the Consent Agenda. Councilor Evans moved to approve the
consent agenda; Councilor Reynolds seconded the motion and it passed unanimously by those present.
(Dantas Absent and Ferraro Abstained from approving the August 9, 2011 minutes).
a. Minutes from August 9, 2011
b. World Triathlon Corporation Contract Host Venue Sponsorship Agreement between World
Triathlon Corporation and Town of Avon for IronKids event taking place on September 3 & 4, 2011
NEW BUSINESS
Public Hearing on Amplified Sound Permit
a. Applicant Name: World Triathlon Corporation IronKids
Event Name: IronKids Triathlon
Event Location: Harry A. Nottingham Park
Event Date and Time: September 3, 2011; 8 am until 4 pm / September 4, 2011; 7 am Race
Announcement
Mayor Carroll opened the public hearing no comments were heard and the public hearing was closed.
Councilor Ferraro moved to approve the Amplified Sound Permit for World Triathlon Corporation
IronKids; Councilor Phillips seconded the motion and it passed unanimously by those present. (Dantas
Absent)
Final Design Approval Extension Request from Beowulf, Western Sage Subdivision
Councilor Reynolds recused himself from the meeting at this time due to a conflict of interest on the
Final Design Approval Extension Request from the Applicant: Beowulf Lot 7, LLC, Lot 7, Western Sage
Subdivision, 5771 Wildridge East. Matt Pielsticker, Planner II, presented this request of the extension
on the application for a two year extension for design on this property; which expires November 16,
2011. Councilor Phillips moved to approve the Final Design Approval Extension Request until
November 16, 2013 with the following conditions:
• Applicant shall resolve the outstanding conditions of approval prior to submittal of a building
permit application
• Applicant shall submit an updated land survey of the property depicting the location of the bike
lane, utility easements, and any other encumbrances recorded against the property since the
original approval, prior to the submittal of a building permit application
• The final design shall be revised if an updated land survey of the property reveals new conditions
which will affect the functionality of the driveway access from Wildridge Road East and the location
and size of the retaining walls.
Councilor Ferraro seconded the motion and it passed unanimously by those present. (Dantas Absent)
Notice of Award for Construction Manager at Risk Service for the 1 -70 Regional Transportation
Operations Facility Project
Jeff Schneider, Project Engineer, presented the Notice of Award for Construction Manager at Risk
Service for the 1 -70 Regional Transportation Operations Facility Project. He gave a brief recap of how
the selection committee came to the decision on awarding the contract to Construction Manager at
Risk Service. Councilor Evans moved to approve Notice of Award for Construction Manager at Risk
Service for the 1 -70 Regional Transportation Operations Facility Project to FCI Constructors, Inc. (FCQ
Councilor Ferraro seconded the motion and it passed unanimously by those present. (Dantas Absent)
ORDINANCES
Sally Vecchio, Assistant Town Manager Community Development, presented Ordinance No. 11 -10,
Series of 2011, Second Reading, Ordinance Amending Title 7 of the Avon Municipal Code for the
Purpose of Clarifying the Duration and Expiration Requirements of Section 7.16.100 Special Review
Use. She noted that the proposed legislation addresses the purpose of clarifying the duration and
expiration requirements of the Avon Development Code, Section 7.16.100(f). Councilor Evans moved
to Approve Ordinance No. 11 -10, Series of 2011, Second Reading, Ordinance Amending Title 7 of the
Avon Municipal Code for the Purpose of Clarifying the Duration and Expiration Requirements of Section
7.16.100 Special Review Use. Councilor Reynolds seconded the motion and it passed with a four to one
vote (Evans, Goulding, Phillips, Reynolds — aye; Ferraro nay). (Dantas Absent)
PROPOSED BALLOT QUESTIONS FOR NOVEMBER 1, 2011 ELECTION:
Jenny Strehler, Public Works / Transit Director, presented Ordinance No. 11 -11, Series of 2011, Second
Reading, An Ordinance Referring a Ballot Question to the November 1, 2011 Election Regarding Sales
Tax Increases and Accommodations for the Avon Sustainable Transit Project. She reviewed the
proposed ballot question that would increase sales taxes in order to fund Avon's Sustainable Transit
Project and Special Events Project. Some of the suggestions from the presentation are as follows:
• 0.25% sales tax, cap of $620,000 (for partial system improvements)
• 0.35% sales tax, cap of $875,000 (for ski season improvement plan)
• 0.48% sales tax, cap of $1,183,600 (for year -round improvement plan)
Mayor Carroll opened the public hearing at this time and the following comments were made:
• Mike Bennett General Manager, Beaver Creek West supported a .35 % tax increase as
discussed in the presentation.
• Jeff Burrell, Director of Operations, Westin Riverfront supported the .25 % sales tax but does
not support the accommodations tax.
Regular Council Meeting Page 2 of 5
Minutes 11.08.23
• David Stranjor does not support any tax increase.
After some discussion Councilor Ferraro moved to Approve Ordinance No. 11 -11, Series of 2011,
Second Reading, An Ordinance Referring a Ballot Question to the November 1, 2011 Election Regarding
Sales Tax Increases for the Avon Sustainable Transit Project in the amount of $875,000 or .35 %.
Councilor Goulding seconded the motion and it passed with a four to one vote (Evans, Ferraro
Goulding, Phillips, aye; Reynolds nay). (Dantas Absent)
Jenny Strehler, Public Works/ Transit Director presented Ordinance No. 11 -12, Series of 2011, Second
Reading, An Ordinance Referring a Ballot Question to the November 1, 2011 Election Regarding
Accommodations Tax Increase for the Avon Special Events Project. She reviewed the proposed ballot
questions that would increase sales and accommodations taxes in order to fund Special Events
Projects. Mayor Carroll opened the public hearing at this time and the following comments were
made:
➢ Mike Bennett Beaver Creek West Supports the .35 % tax increase but not the accommodations tax
➢ Westin Riverfront Jeff Burrell Director of Operations supports the .25 % sales tax but does not
support the accommodations tax.
➢ David Stranjor does not support any tax increase.
After some discussion the council members decided this was not the appropriate timing to bring this
question to the voters, Ordinance No. 11 -12, Series of 2011, An Ordinance Referring a Ballot Question
to the November 1, 2011 Election Regarding Accommodations Tax Increase for the Avon Special Events
Project. Therefore, no motion was made on the ordinance.
At this time Chris Romer, Executive Director, Vail Valley Partnership, elaborated on the benefits and
events that they help bring to the valley, and noted that it would be very beneficial to the Town of
Avon to participate with the VVP, through their support and funding of the Economic Development
Program. Councilor Goulding has suggested that the town participate with VVP in this effort, and asked
that the Council consider funding the program in the amount of $50,000. Further discussion on the
matter would occur during the budgeting process.
Eric Heil, Town Attorney, presented Ordinance No. 11 -13, Series of 2011, Second Reading, An
Ordinance of the Town Council of the Town of Avon Referring for Referendum an Amendment to the
Avon Home Rule Charter. He explained what the proposed housekeeping charter amendments
included that would hopefully clean up the charter and help align some of the language with State
Statutes. He highlighted the proposed changes and why the language was revised. There was support
to include this question to the voters on the November ballot. Councilor Ferraro moved to approve
Ordinance No. 11 -13, Series of 2011, Second Reading, An Ordinance of the Town Council of the Town of
Avon Referring for Referendum an Amendment to the Avon Home Rule Charter with the changes
presented by the Town Attorney. Councilor Evans seconded the motion and it passed unanimously by
those present. (Dantas Absent)
Eric Heil, Town Attorney, presented Ordinance No. 11 -14, Series of 2011, First Reading. An Ordinance
Amending Section 2.08.040 (a) of the Avon Municipal Code to Increase Municipal Court Fees. He noted
that this proposed legislation increases court fees from $15 to $25 and is consistent with statewide fee
amounts. Councilor Phillips moved to approve Ordinance No. 11 -14, Series of 2011, Second Reading.
An Ordinance Amending Section 2.08.040 (a) of the Avon Municipal Code to Increase Municipal Court
Fees. Councilor Goulding seconded the motion and it passed unanimously by those present. (Dantas
Absent)
Regular Council Meeting Page 3 of 5
Minutes 11.08.23
RESOLUTIONS
Scott Wright, Assistant Town Manager Finance presented Resolution No. 11 -13, Series of 2011,
Resolution of the Town of Avon Authorizing the Execution and Delivery of a Master Equipment Lease -
Purchase Agreement and Separate Lease Schedule with Respect to the Acquisition, Purchase, Financing
and Leasing of Certain Equipment for the Public Benefit; Authorizing the Execution and Delivery of
Documents Required in Connection Therewith; and Authorizing the Taking of All Other Actions
Necessary to the Consummation of the Transactions Contemplated by this Resolution. This Proposed
Master Tax - Exempt Lease /Purchase Agreement is used to help with the purchase of capital equipment.
He noted the equipment being purchased is to replace a Gillig transit bus and a large plow truck a total
of $90,000 for the equipment. He mentioned that these would be going to auction this year. Councilor
Ferraro moved to approve Resolution No. 11 -13, Series of 2011, Resolution of the Town of Avon
Authorizing the Execution and Delivery of a Master Equipment Lease - Purchase Agreement and
Separate Lease Schedule with Respect to the Acquisition, Purchase, Financing and Leasing of Certain
Equipment for the Public Benefit; Authorizing the Execution and Delivery of Documents Required in
Connection Therewith; and Authorizing the Taking of All Other Actions Necessary to the Consummation
of the Transactions Contemplated by this Resolution. Councilor Phillips seconded the motion and it
passed unanimously by those present. (Dantas Absent)
Jenny Strehler, Director Public Works transportation gave a recap on the noxious weed management
plan. She noted that the notices are required by state statute to be sent certified. Town Manager Larry
Brooks stated that the program has been very effective and mentioned if there were any areas noticed
with noxious weeds please inform town staff so they can take care of them.
MAYORS REPORT
Mayor Carroll had 2 items to mention as follows:
• He will not be available for the budget retreat on September 13th
• He also mentioned that Walking Mountains is now open to the Public.
EXECUTIVE SESSION
The executive Session reconvened at 9:00 pm Council Phillips moved to meet in Executive Session to
continue the discussion from the earlier meeting; Councilor Ferraro seconded the motion and it passed
unanimously by those present. (Dantas absent)
a. Meet with Town Attorney for the purpose of receiving legal advice to specific legal questions
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
Regular Council Meeting Page 4 of 5
Minutes 11.08.23
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" Reynolds
Regular Council Meeting Page 5 of 5
Minutes 11.08.23