TC Minutes 02-14-2012MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 14, 2012
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, Community Development Director Sally Vecchio, Finance Director Scott Wright, Town
Engineer Justin Hildreth, Director PW &T Jenny Strehler, Deputy Town Clerk /HR Asst. Catherine Mythen,
Community Relations Officer Jaime Walker, as well as other staff members and the public.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
Mayor Carroll noted that he may have a conflict with 8b Resolution No. 12 -02, Series of 2012,
Resolution Approving the Intergovernmental Agreement between the Town of Avon and the State of
Colorado Department of Transportation Division of Transit and Rail for CDOT FASTER Project # STL
R300 -180 (18519) Avon Transit Op Facility Phase 1D, SAP 130#271001618 CMA# 12 HA3. After a
discussion, Council decided that it would not be a conflict. Mayor Carroll noted that the consent item
minutes from January 24th and January 31St, and Item B & E, and D would be voted on separately.
COMMUNITY & CITIZEN INPUT:
Email Only from Steve Coyer: re: Town Manager
Steve Linn, Paul Zoch on behalf of Jim Burnett with Western Enterprises thanked Larry Brooks for his
assistance over the years with the Avon 4th of July Fireworks.
NEW BUSINESS
Patty McKenny, Asst. Town Manager presented the following application for an Amplified Sound
Permit:
Public Hearing for Amplified Sound Permit (Patty McKenny, Asst. Town Manager)
Applicant Name: the Snowball, LLC
Event Name: the Snowball Music Festival
Event Managers: Chad Donnelly, Scott Stoughton, Rob Thomas
Location: Harry A. Nottingham Park
Event Dates & Times: Friday, March 2, 2012: noon until 10 pm, Saturday, March 3, 2012: noon
until 10 pm, Sunday, March 4, 2012: noon until 8:00 pm
Event Manager Rob Thomas reviewed the various event plans, transit, security, parking and ticket sales,
Mayor Carroll opened up the public hearing on the amplified sound permit, no comments were heard
and the public hearing was closed. Councilor Phillips moved to approve the Amplified Sound Permit for
the Snowball, LLC; Event Name the Snowball Music Festival Friday, March 2, 2012: noon until 10 pm,
Saturday, March 3, 2012: noon until 10 pm, Sunday, March 4, 2012: noon until 8:00 pm; Councilor
Ferraro seconded the motion and it passed unanimously.
b. Award of Avon Community Heat Recovery Expansion Feasibility Study to CDM Smith (Jeff Schneider,
Project Engineer) Review Professional Services Contract to conduct feasibility study to determine
feasibility and preliminary costs for certain system expansion options
Jeff Schneider, Project Engineer presented a review of the "Professional Services Contract" which was
to provide professional services to conduct a feasibility study to determine feasibility and preliminary
costs for certain system expansion options. Council considered awarding the Community Heat
Recovery Expansion Feasibility Study to CDM Smith. After some discussion, Councilor Phillips moved to
approve the Professional Services Contract to CDM Smith; Councilor Goulding seconded the motion
and it passed unanimously.
COUNCIL COMMITTEE AND STAFF UPDATE
a. Review Appointments to External Boards served by Town Manager (Rich Carroll, Mayor)
➢ Letter from Boards of Directors for EagleBend and Buffalo Ridge Apartments: Review request
from Board of Directors
➢ 1 -70 Coalition Appointment: Executive Board & Full Board
➢ Colorado Municipal League Policy Committee
➢ Airport Master Planning Board
Rich Carroll, Mayor, reviewed the request for the appointments to the external boards served by the
town manager. After some discussion, the Council agreed that Larry Brooks should continue on the
boards until there is a new town manager hired.
b. Town of Avon Website Redesign Update and Contract (Jaime Walker, Community Relations Officer)
Review website redesign elements; approved in 2012 budget
Jaime Walker, Community Relations Officer gave a brief update on the Civic Plus Redesign Contract and
reviewed the terms and conditions for the redesign of the town's website approved in 2012 budget.
Councilor Dantas moved to approve the Civic Plus Redesign Contract; Mayor Pro Tern Ferraro seconded
the motion and it passed unanimously by those present
c. Update on the Suicide Prevention Coalition / Speakup Reachout Program (Greg Daly, Lieutenant,
Meredith VanNess, Eagle River Youth Coalition) Update on Work Program
Greg Daly Lieutenant and Meredith VanNess, Eagle River Youth Coalition gave an update on the Suicide
Prevention Coalition / Speakup Reachout Work Program in Eagle County.
d. Performance Measurements and Budgeting (Scott Wright, Finance Director) Review "Performance
Measurement System" as framework to use for town budgeting process
Scott Wright, Finance Director reviewed the Performance Measurements system and Budgeting Review
which is beginning this year as framework to use for town budgeting process. After some discussion it
was decided that this topic would be a work session item on an upcoming agenda for further
discussion.
e. Monthly Transit Update for January 2012 (Jane Burden, Transit Superintendent) Update on transit
services provided per the Agreement with Beaver Creek Resort Company /Memo only
Monthly Transit Update for January 2012 Update on transit services provided per the Agreement with
Beaver Creek Resort Company / Memo only
CONSENT AGENDA
Mayor Carroll asked for a motion on the following topics.
a. Minutes from January 24, 2012
Councilor Reynolds moved to approve the Minutes from January 24; Councilor Phillips seconded
the motion and it passed unanimously. (Councilor Goulding and Councilor Ferraro abstained since
they were not at the meeting).
b. Minutes from January 31, 2012
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Councilor Goulding moved to approve the Minutes for January 31, 2012; Councilor Phillips
seconded the motion and it passed unanimously. (Councilor Ferraro abstained as she was not at
the meeting).
c. Fireworks Production Contract between Town of Avon and Western Enterprise for Salute to USA
( Danita Chirichillo, Special Events Supervisor) Contract for Fireworks Display & Personnel Action
Form for Acting Town Manager Salary adjustment for Acting Town Manager Patty McKenny
effective March 1, 2012
Councilor Phillips moved to approve the above two items; Councilor Dantas seconded the motion
and it passed unanimously
d. Employment Agreement (Eric Heil, Town Attorney) Revised employment agreement for Larry
Brooks.
Mayor Pro Tern Ferraro moved to approve the Employment Agreement; Councilor Evans seconded
the motion and it passed unanimously.
RESOLUTIONS
a. Public Hearing on Resolution No. 2012 -04, Series of 2012, Resolution Approving Amendments to
Avon's Trails Recreation Master Plan (Matt Pielsticker, Planner 11) Review recommended
amendments from Commission as initiated by Town Council on September 27, 2011
Matt Pielsticker, Planner II presented Resolution No. 2012 -04, Series of 2012, Resolution Approving
Amendments to Avon's Trails Recreation Master Plan. It was noted that the review by the PZC
recommended several amendments as directed by Town Council on September 27, 2011. There were
several opportunities to provide public input on the document, and the PZC di conduct some trail site
visits. A review was made of the criteria used in evaluating the amendments. Upon completion of the
staff update, Mayor Carroll opened the Public Hearing and the follow people made comments:
✓ Wildridge Resident Sally Irten spoke about parking and the trails at Beaver Creek Point
✓ Wildridge resident Laurie Baker spoke about her continued dissatisfaction about the parking
across form her house at Beaver Creek Point
✓ Wildridge resident Phil Struve also commented on the parking at Beaver Point
Mayor Carroll closed the Public hearing at this time and a there was some further discussion about the
location of parking at the point and how the USFS land exchange impacts this trail & parking system.
Councilor Phillips moved to approve Resolution No. 2012 -04, Series of 2012, Resolution Approving
Amendments to Avon's Trails Recreation Master Plan; Councilor Dantas seconded the motion and it
passed unanimously.
b. Resolution No. 12 -02, Series of 2012, Resolution Approving the Intergovernmental Agreement
between the Town of Avon and the State of Colorado Department of Transportation Division of
Transit and Rail for CDOT FASTER Project # STL R300 -180 (18519) Avon Transit Op Facility Phase 1D,
SAP PO #271001618 CMA# 12 HA3 (Jeff Schneider, Project Engineer) IGA that provides the 1M grant
funding for site construction and utility work for 1 -70 Regional Transportation Operations Facility
Project
Jeff Schneider, Project Engineer, presented Resolution No. 12 -02, Series of 2012, Resolution Approving
the Intergovernmental Agreement between the Town of Avon and the State of Colorado Department
of Transportation Division of Transit and Rail for CDOT FASTER Project # STL R300 -180 (18519) Avon
Transit Op Facility Phase 1D, SAP PO #271001618 CMA# 12 HA3. He noted that the IGA provides the
1M grant funding for site construction and utility work for 1 -70 Regional Transportation Operations
Facility Project. Councilor Phillips moved to approve Resolution No. 12 -02, Series of 2012, Resolution
Approving the Intergovernmental Agreement between the Town of Avon and the State of Colorado
Department of Transportation Division of Transit and Rail for CDOT FASTER Project # STL R300 -180
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(18519) Avon Transit Op Facility Phase 1D, SAP PO #271001618 CMA# 12 HA3. Mayor Prop Tern Ferraro
seconded the motion and it passed unanimously
UNFINISHED BUSINESS
a. Mountain Travel Trip Program ( "MTRiP ") Client Agreement (Kelly Huitt, Budget Analyst, Todd
Goulding, Councilor) Review agreement that outlines participation in the MTRiP Program which
provides lodging performance benchmarking to mountain resorts
Kelly Huitt, Budget Analyst, presented the Mountain Travel Trip Program ( "MTRiP ") Client Agreement
by reviewing the agreement that outlines participation in the MTRiP Program which provides lodging
performance benchmarking to mountain resorts. It was noted that there were some basic
governmental revisions made. The council memo highlighted the types of reports that would be
provided. There was some concern about whether or not the hotels would participate; it was noted
that some arrangements were already made. It was noted the town budgeted almost $8K in funds that
the town would receive from the hotels to participate in this program, however, if the town would
impose this funding requirement on the lodges, they may not participate in the program. There was
some information provided by MTRiPs representative, Katie Barnes, about program implementation,
reporting, etc. Councilor Evans moved to approve Mountain Travel Trip Program ( "MTRiP ") Client
Agreement; Councilor Goulding seconded the motion and it passed with a six to one vote (Dantas -
Nay).
b. Review "Request for Proposals" for Selection of Firm /s to Conduct Community Assessment of Town
of Avon and to Assist with Recruitment of Town Manager (Rich Carroll, Mayor) Review proposals
and make final determination about each
Rich Carroll, Mayor, gave a review on the "Request for Proposals" for Selection of Firm /s to Conduct
Community Assessment of Town of Avon and to Assist with Recruitment of Town Manager. There were
some suggested changes to include on the RFP for the Manager, and there was not full consensus to
move forward with the RFP for a community assessment. After some further discussion, it was agreed
that the Town would move forward with releasing the proposal for the town manager executive
search. The following timeline was agreed upon:
➢ March 1 deadline to collect proposals for the Request for Proposals for the recruitment of the
Town Manager.
➢ Review the proposals at March 13`n meeting
➢ Interviewing the recruitment firms in the regular meeting on March 27tH
ORDINANCES
a. Public Hearing on Ordinance No. 12 -01, Series of 2012, Second Reading, Ordinance Amending
Chapter 2.30 Town Code of Ethics of the Avon Municipal Code (Eric Heil, Town Attorney) Review
proposed amendments to the Code pertaining to conflict of interest and code of ethics / Continued
from January 24, 2012 meeting
Eric Heil, Town Attorney, presented Ordinance No. 12 -01on second reading reviewing the language
that revised the Avon Municipal Code with proposed amendments that primarily adopt language in the
State Code of Ethics, set forth in C.R.S. 24 -18 -101 et. Seq. and address the option of a home rule
municipality to supersede Article XXIX of the Colorado Constitution. Some of the specific additions and
revisions addressed the following topics (see memo for details):
✓ Definition of Confidential Information
✓ Definition of Officer
✓ Definition of Substantial Financial Interest (additional amendment)
✓ Exemptions
✓ Disclosure of Conflict
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✓ Voting when Conflict Exists
✓ Enforcement
It was noted that there was still opposition to the language by Councilors Evans and Goulding that
required council members with conflict to leave the room for any discussions on the topic. Mayor
Carroll opened the public hearing and no comments were made and the public hearing was closed.
Councilor Dantas moved to approve Ordinance No. 12 -01, Series of 2012, Second Reading, Ordinance
Amending Chapter 2.30 Town Code of Ethics of the Avon Municipal Code to the February 14, 2012
meeting. Councilor Phillips seconded the motion and it passed with a five to two vote (Councilor Evans
and Goulding— nay).
b. Ordinance No. 12 -02, Series of 2012, First Reading, Ordinance Approving Amendments to Title 7,
Avon Development Code, To Allow Childcare Centers as Special Review Uses in the Industrial
Commercial (IC),and Public Facilities (PF) Zone Districts; and Adding Use - Specific Regulations (Jared
Barnes, Planner I) Proposed recommendations from Planning & Zoning Commission regarding
amendment to the Code to include Child Care Centers as special review uses in certain zone districts
/Continued from January 24, 2012 meeting
Jared Barnes, Planner I, presented the Ordinance No. 12 -02 with the proposed recommendations from
Planning & Zoning Commission regarding amendment to the Code to include Child Care Centers as
special review uses in certain zone districts. He reviewed some of the following elements of the topic:
✓ Definition of child care
✓ Definitions of zone districts & review of the Zone District Map
✓ The addition of "Use Specific Regulations" for Child Care related to safety issues, recommendations
that were building code and planning related principles
✓ Summarized the review criteria
Councilor Goulding moved to approve Ordinance No. 12 -02, Series of 2012, First Reading, Ordinance
Approving Amendments to Title 7, Avon Development Code, To Allow Childcare Centers as Special
Review Uses in the Industrial Commercial (IC), and Public Facilities (PF) Zone Districts; and Adding Use -
Specific Regulations with the revised Section 3 as presented, which includes the removal of subsection
(c)(2)(i)(A) and (c)(2)(iv) and the addition of "Preschool and Nursery schools, and Child Care in home"
as special review uses to Section 2. Councilor Phillips seconded the motion and it passed unanimously.
MAYOR REPORT
Mayor Carroll gave a brief update on the following items: 1) Mayor/ Managers report, 2) Leadville
Railway feasibility, 3) Dowd Junction USF land sale of 13 acres, and 4) Vail Valley Partnership
There being no further business to come before the Council, the meeting adjourned at approximately
9:25 pm.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
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Minutes 12.02.14
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