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TC Minutes 04-24-2012MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD APRIL 24, 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 Pro Tem Ferraro called the meeting to order at 5:35 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Todd Goulding, Amy Phillips and Buz Reynolds. Carroll absent. Also present were Town Attorney Eric Heil, Interim Town Manager Patty McKenny, 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 The Town Attorney noted that there were no conflicts of interest to report. Mayor Pro Tem noted that the order of the regular agenda would be revised slightly in light of some attendees in the audience (ERFPD representatives); the new order is as follows ✓ Mtrips Report & Update ✓ Eagle River Fire Protection District Discussion ✓ Appointment of New Planning and Zoning Commissioner Members ✓ IGA Upper Eagle Regional Water Authority, Traer Creek Metropolitan District, BNP Paribas, Traer Creek LLC, Traer Creek -RP LLC, Village Metropolitan District. COMMUNITY AND CITIZEN INPUT Karl Bauer Eagle River Fire Protection District followed up with some additional Eagle River Fire Protection District Budget Documents. These items include: • ERFPD adopted 2012 Budget Revenue and Expense Summary • Budgeted Revenue and Projected Revenue 2012 -2014 • Graph of ERFPD financial projections without additional cuts • Graph of ERFPD financial projections with additional cuts Peter Cuccia, Village Warehouse Wines, asked about the public improvement fund tax that will be added and the timeframe that would go into effect. CONSENT AGENDA Mayor Pro Tem Ferraro asked for a motion on the Consent Agenda. Councilor Dantas moved to approve the Minutes from April 10, 2012, Councilor Phillips seconded the motion and it passed unanimously by those present. (Carroll Absent) ➢ Minutes from April 10, 2012 Regular Council Meeting NEW BUSINESS a. MTRiP Report & Update (Katie Barnes, MTRiP, Kelly Huitt, Budget Analyst) Review first performance report from MTRiP from Avon's lodging community Katie Barnes Sales Manager for Mtrips, gave the first update on the MTRiP program. She gave a brief program overview which consisted of some of the following topics: ➢ Participation ➢ Data collection ➢ Reservation Activity outlook ➢ Multi Destination ➢ Comparative Market Intelligence pack It was noted that the sales were up by 45% in December. Councilor Phillips wanted to ask the lodging community if they would be interested in attending and reporting on the increases and where they are. b. Level of Service from Eagle River Fire Protection District Discussion (Buz Reynolds, Councilor) Discuss ERFD service levels as provided at 4110112 meeting Councilor Reynolds expressed concern about the level of service from the fire protection district in the community. He asked if the town could meet with the fire district to discuss other opportunities that might exist in order for the town to obtain adequate service. . It was decided that Councilor Reynolds and Councilor Dantas would meet with the fire district officials Jennifer Cartwell Hayes, ERFPD Treasurer, noted that it has been a very tough decision to make and that their Board would support meeting with the council members to review the levels of service. c. Appointment of New Planning & Zoning Commission Members (Kristi Ferraro, Mayor Pro Tem) Appoint four new members to serve on the PZ Commission Councilor Dantas moved to approve Phil Struve, John Minervini, Scott Prince, Tim Losa new Planning & Zoning Commission Members, Councilor Reynolds seconded the motion and it passed unanimously by those present. (Carroll Absent) d. Intergovernmental Agreement between Upper Eagle Regional Water Authority, Traer Creek Metropolitan District, BNP Paribas, Traer Creek LLC, Traer Creek -RP LLC, Village Metropolitan District (Eric Heil, Town Attorney) Review Proposed Water Tank Agreement between above parties Eric Heil, Town Attorney, presented and provided an overview of the Water tank Agreement. This Agreement was a part of the 1998 PUD agreement to provide water services to the project. Approval of this agreement would be required in order to proceed with implementation of the Settlement Term Sheet in October 2011. The agreement also addresses a dedicated funding source for the Upper Eagle Regional Water Authority, as well as shifts the construction of the water storage tank from Traer Creek to the Water Authority. He noted that there were some final exhibits that were not included in this package, but would be presented for approval once received. There was some concern expressed that the wetland mitigation requirement was not being met per the agreement. After some further discussion, Councilor Dantas moved to approve the Intergovernmental Water Tank Agreement between Upper Eagle Regional Water Authority, Traer Creek Metropolitan District, BNP Paribas, Traer Creek LLC, Traer Creek -RP LLC, Village Metropolitan District, Councilor Evans seconded the motion and it passed with a five to one vote. (Ferraro Nay; Carroll Absent). COUNCIL & STAFF UPDATES e. Update on the I - 70 Transportation Operations Facility Project (Justin Hildreth, Town Engineer) Review status of project schedule Jeff Schneider presented an update on what has been happening during the last few weeks with regard to the 1 -70 construction project located at the Town's Public Workers Facility at 500 Swift Gulch Road. He noted that it had reached the 95 percent design phase, the general contractor and FCI constructors were soliciting subcontractor bids, and staff is reviewing plan and specifications of the project. He Regular Council Meeting Page 2 of 5 Minutes 12.04.24 noted that the town hopes to complete the negotiations for a Guaranteed Maximum Price (GMP) no later than the first week of May. Again they are hopeful to begin construction mid June. f. Budget 2013: Calendar Update (Scott Wright, Finance Director) Review budget calendar and related budget topics Kelly Huitt, Budget Analyst, noted that the calendar included more detail topics for the 2013 budget process. Councilor Evans requested that a copy of the presentations be distributed to the council members for review the Friday before the budget retreat meeting to give everyone time to review the materials before the presentations. g. Stone Creek Charter School: Summary of Costs (Eric Heil, Town Attorney) Review town costs incurred related to removal of modular buildings from Lot 5 Eric Heil, Town Attorney, noted that the total legal cost related to the removal of the Modular buildings at Lot 5 to the town from the beginning of the year was $6,678.75. He noted that it was requested by the attorney for Stone Creek Charter School that both parties would cover their own attorney fees. After some discussion it was decided that the Town would deduct these legal costs from the $150,000 site restoration security deposit that the Town was holding. Councilor Phillips moved to approve returning the $150,000 to Stone Creek Charter School less the outlined legal fees s in the amount of $6,678.75 from the site restoration security deposit. Councilor Reynolds seconded and it passed with a four to two vote (Ferraro, Dantas, Phillips, Reynolds — aye; Evans & Goulding Nay; Carroll absent). h. Financial Matters (Kelly Huitt, Budget Analyst) Report Only ORDINANCES a. Ordinance No. 12 -05, Series of 2012, First Reading, Ordinance Amending Section 7.04.100 of the Avon Municipal Code to Allow the Town Council to Adopt Flat Fees Through the Community Development Fee Schedule (Jared Barnes, Planner 1) Review proposed amendments from PZC addressing Community Development Fees Jared Barnes, Planner 1, presented Ordinance No. 12 -05, First Reading, An Ordinance Amending Section 7.04.100 of the Avon Municipal Code to Allow the Town Council to Adopt Flat Fees through the Community Development Fee Schedule. He noted that Resolution No. 12 -06 Revising the Fee Schedule for Zoning Subdivision, and Design and Development Review Applications accompanied this item because they are inter - related is. It was noted that the adoption of title 7 of the Avon Municipal Code included changing how the Town of Avon billed and collected fees for staff review time. Prior to the adoption of Title 7, all fees charged were considered flat fees and did not change. During the adoption of Title 7, the P &Z Commission and Town Council discussed changing the process to require applicants to pay for the staff time during the development review process per council's request, this Ordinance is presented to update the language to allow the Town to charge flat fees as well as update the community development fee schedule. He also noted that they would be considered separately but should be considered for adoption together. Councilor Phillips moved to approve Ordinance No. 12 -05 Amending Section 7.04.100 of the Avon Municipal Code to Allow the Town Council to Adopt Flat Fees through the Community Development Fee Schedule. Councilor Dantas seconded the motion and it passed unanimously by those present. (Carroll Absent) RESOLUTIONS a. Resolution No. 12 -06, Series of 2012, Resolution Revising the Fee Schedule for Zoning, Subdivision and Design and Development Review Applications (Jared Barnes, Planner 1) Consider revision for Community Development Fee Schedule (See memo above to Ordinance No. 12 -05, Series of 2012 Regular Council Meeting Page 3 of 5 Minutes 12.04.24 In light of the above discussion, Councilor Phillips moved to table Resolution No. 12 -06, Series of 2012, Resolution Revising the Fee Schedule for Zoning, Subdivision and Design and Development Review Applications Councilor Reynolds seconded and it passed unanimously by those present. (Carroll Absent) UNFINISHED BUSINESS Town Manager Executive Search & Facilitation Services (Greg Morrison, The Morrison Group LLCJ Next steps discussion for services related to Town Manager Search & Facilitation Greg Morrison, The Morrison Group LLC gave an update on the Town Manager search process noting that there were three things needed in order to start the process: • Salary Range • Job Requirements and education Recommendation Bachelors/ Masters Degree preferred Years of experience • Closing date and selection process After some discussion the following decisions were made: • Closing date for applications is June 8tH • An executive session to review the applications would be scheduled for June 12tH • The candidate's pool would be narrowed down to several candidates at the June 26th meeting. • On site interviews would be scheduled for July 15th, 16th & 17th • Council's retreat date was scheduled for June 1St or May 31St as an alternative, for a full day meeting. The requirements for the town manger's advertisement would include: • Bachelor's Degree required/ Master's Degree preferred • 10 Years of experience required • Salary based on experience $135,000 - $165,000 • Contract Employee After a discussion on the facilitation services the following dates were chosen May 31St or May 29th as a second choice. It was agreed that May 14th through May -21st would be reserved for the one on one interview's with council members and the facilitator. TOWN ATTORNEY REPORT Eric Heil, Town Attorney, made a public announcement that the judge had vacated the trial that was to be held between Traer Creek and Town of Avon. He noted that at this time no new date had been set. MAYOR REPORT Mayor Pro Tem Ferraro spoke about future agenda items and the following were identified: ✓ Down Payment Assistance Program ✓ Snowball Music Festival recap at May 28th ✓ Council objectives for budgeting at May meeting or wait until retreat or at the June 12th T Regular Council Meeting Page 4 of 5 Minutes 12.04.24 There being no further business to come before the Council, the regular meeting adjourned at 8:15 PM. APPROVED: Rich Carroll Dave Dantas Chris Evans Kristi Ferraro Todd Goulding Amy Phillips Albert "Buz" Reyn RESPECTFULLY SUBMITT,EpD�:' Catherine Mythen, Deputy Town Clerk Regular Council Meeting Page 5 of 5 Minutes 12.04.24