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TC Minutes 06-25-2013y- 1FI CVO 111 V IN, TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 25, 2013 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:05 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evens, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Town Clerk Debbie Hoppe, Finance Director Scott Wright, Senior Planner Matt Pielsticker and Planner II Jared Barnes, Town Engineer Justin Hildreth, as well as other staff members and the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT There were no public comments at this time. 4. ACTION ITEMS 4.1. Notice of Award for Harry A. Nottingham Park Lake Liner Replacement Project Contract (Justin Hildreth, Town Engineer) The project was advertised with an excellent response. Six bids were submitted with a low bid from Ewing Trucking and Construction for $966,248. Staff recommended Ewing Trucking for the project. It was no noted that the town would receive rocks at no charge from the Village at Avon, with a saving of approximately $40,000 in project costs. There were discussions with Waling Mountains School about creating a wetland educational area on the northeast corner of the lake, with some the idea of creating a fish habitat and real beach. It was noted that the lake would start draining July 22, 2013; it would take a month for the drying period. After some discussion, Mayor Pro Tern Goulding moved to approve the contract for the Harry A. Nottingham Park Lake Liner Replacement Project; Councilor Fancher seconded the motion and it was passed unanimously. 4.2. Public Hearing on Second Reading of Resolution No. 13 -20, Series of 2013, Resolution Approving the 2013 Supplemental Capital Project Fund Budget Amendment (Justin Hildreth, Town Engineer) It was noted that this was the second amendment to the 2013 Capital Projects Fund this year in an effort to adjust summer projects that staff know more about. The results were a net decrease in $399,492 to the budget. Projects included upgrades to server room, Mezzanine office furniture, Forest Service Land Acquisition, improvement to the tennis courts, Stonebridge deck repair and 2013 Street improvement. It was noted that the Hwy 6 trail and Eagle River Pedestrian /Bike Bridge were delayed to 2014 because of complications in acquiring easements. Beaver Creek Overlook Trail Parking Improvements, Nottingham Lake liner and Digital Ticketing delayed to 2014. Also included are Town Facilities Planning and Parking and Transportation Task Force Study. This leaves a fund balance of $2,552,391 well above the minimum fund balance of $1,500,000 for the Capital Projects Fund. After some discussion, Mayor Pro Tern Goulding moved to approve Resolution 13 -2o Resolution Approving the 2013 Supplemental Capital Project Fund Budget Amendment with the following changes to eliminate the $50,000 for Parking Study and change expenditures to 13,921,142 with a fund balance of $2,602,391. Councilor Reynolds seconded the motion and it was passed unanimously. Avon Council Meeting 13-o6-25-Minutes Pagel AV DN I'll TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 25, 2013 AVON TOWN HALL, ONE LAKE STREET 4.3• Public Hearing on First Reading of Ordinance 13 -o8, An Ordinance Approving the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado (Justin Hildreth, Town Engineer) Councilors Goulding and Evans stepped down from the Council at this time due to a conflict of interest. This final plat will adjust the west property line by 16.38 feet thus narrowing Lettuce Shed Lane from 50 Ft to 33.62 Ft wide. Councilor Wolf moved to approve Ordinance 13 -8, Series of 2013, An Ordinance Approving the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek. Councilor Fancher seconded the motion and it was passed unanimously by those present (Goulding and Evans recused from voting). 4.4•Action on Sherman & Howard Letter of Engagement for Buffalo Ridge I Affordable Housing Refinance Transaction (Gerry Flynn, Buffalo Ride Vice - President) It was noted that this was a standard letter of engagement and the review work has already been accomplished. Mayor Pro Tern Goulding moved to approve the engagement letter from Sherman & Howard regarding Buffalo Ridge I Affordable Housing Refinance Transaction. Councilor Reynolds seconded the motion and it was passed unanimously. 4.5• Minutes from June 11, 2013 Meeting Councilor Dantas moved to approve the June 11, 2013 minutes; Councilor Reynolds seconded the motion and it passed unanimously. 5. WORK SESSION 5.1. Village at Avon Settlement Update (Eric Heil, Town Attorney) The bond counsel was not able to complete its review and provide an opinion in time for a June 27, 2013 bond closing; therefore, the closing has been delayed until July. There were some questions and discussion around the timing restraints. 5.2. Development Concepts for Capital Facilities on Town -Owned Properties: Locations, Funding Plans, Timeframes, and Public Process, including Community Outreach (Virginia Egger, Town Manager) The Eagle River Fire Protection District, the Avon Library, and Planning and Zoning members were present. There was discussion and information regarding various options for development concepts for Town Facilities presented. The Fire District would like to relocate but does not have the financial means for a new building. Library Board member Terry Smith, Trustee, did not envision moving from their location. 5.3• Discussion and Potential Council Position on Urban Development in Eagle County (Mayor Rich Carroll) Mayor Carroll led the discussion in consideration of regional development and the related effect of non -town- towns impacts on existing municipalities in Eagle County. Councilor Reynolds moved to approve Resolution No. 13 -21, A Resolution Stating the Position of The Avon Town Council Concerning Urban Development in Eagle County. Mayor Pro Tern Goulding seconded the motion and it passed unanimously. 5.4• Financial Matters — Report Only (Kelly Huitt, Budget Analyst) Avon Council Meeting 13.o6.25.Minutes Page 2 AV TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 25, 2013 AVON TOWN HALL, ONE LAKE STREET 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. CML — Councilor Jake Wolf presented updates on the CML Conference: 1) Connecting kids and council, 2) Non - profits role in art districts, 3) Amendment 64 7. EXECUTIVE SESSION At 9:17 pm Mayor Carroll moved to convene to an Executive Session to discuss the following: a. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 20o8 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316 The motion was seconded by Councilor Reynolds and the members met in Executive Session. Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Mayor Pro Tern Todd Goulding, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil. Town Attorney Eric Heil noted that this executive session was for the purpose of providing legal advice on specific legal questions, and requested that the Town Clerk cease recording the executive session at this time. Mayor Carroll noted that the executive session adjourned at 6:10 PM and the meeting was now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. 8. COUNCIL COMMENTS There being no further business to come before the Council, the regular meeting adjourned at 9 :45 PM. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Todd Goulding Albert "Buz" Reynolds Jake Wolf RESPECTFULLY SUBMITTED: Debbie Hoppe, Deody Town Clerk Avon Council Meeting 13-o6.25-Minutes Page 3