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TC Agenda 11-23-2010 Revised AgendaTOWN OF AVON, COLORADO REVISED AGENDA AVON WORK SESSION MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 4:15 PM AVON TOWN HALL, ONE LAKE STREET Revised Avon Council Meeting.10.11.23 Page 1 of 4 PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. UTOWN STAFF TOWN ATTORNEY: ERIC HEIL T OWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER NO. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 3:15 PM – 4:15 PM 1. EXECUTIVE SESSION: MOVED TO THE REGULAR MEETING a. Receiving legal advice 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 b. Receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statutes §24-6-402(4)(d) regarding Grant Funding for Swift Gulch Project 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:15 PM – 4:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. 1. US Forest Service Multi Party Land Exchange (Ron Wolfe, Mayor) 2. Open Space Advisory Committee Appointment (Ron Wolfe, Mayor) Update and discussion about next council member appointment to the Open Space Advisory Committee b. I-70 Noise Berm Update (Justin Hildreth, Town Engineer) Memo only c. Financial Matters (Finance Department) Memo only d. Avon Wastewater Treatment Facility National Pollution Discharge Elimination System Comments to Colorado Department of Public Health & Education (Jenny Strehler, Director PW&T) Analysis & review of the draft permit / Memo Only e. Funding Partnership for the Eagle River Monitoring and Assessment Program (Larry Brooks, Town Manager) Review status of funding proposal and response from Eagle River Watershed Council / Memo only f. Advisory Team Appointment from Town of Avon to review 1996 Eagle River Watershed Plan (“ERWP”) (Larry Brooks, Town Manager) Review request from Eagle County to appoint Avon representative to advisory team who will help propose amendments to the ERWP / Memo only g. Eagle River Water Quality: Regional Storm Water Discussion (Jenny Strehler, Director PW&T) review of storm water and impacts to the town / Memo only 4:30 PM – 5:00 PM 4. STONE CREEK CHARTER SCHOOL AND SWIFT GULCH CONSTRUCTION (Larry Brooks, Town Manager John Goldstein, Vice President, SCCS) Update on Stone Creek Elementary School per SCCS’s revised proposal 5:00 PM 5. ADJOURNMENT TOWN OF AVON, COLORADO AVON URBAN RENEWAL AUTHORITY MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 5 PM AVON TOWN HALL, ONE LAKE STREET Revised Avon Council Meeting.10.11.23 Page 2 of 4 PRESIDING OFFICIALS CHAIRMAN RON WOLFE VICE CHAIRMAN BRIAN SIPES COMMISSIONERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO, AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. USTAFF EXECUTIVE DIRECTOR / SECRETARY: LARRY BROOKS TREASURER: SCOTT WRIGHT AUTHORITY CLERK: PATTY MCKENNY ALL URBAN RENEWAL MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. RESOLUTIONS a. Resolution No. 10-03, Series of 2010, Resolution to Amend the Avon Urban Renewal Authority Budget for 2010 (Scott Wright, Treasurer) b. Resolution No. 10-04, Series of 2010, Resolution to Adopt the Avon Urban Renewal Authority Budget for 2011 (Scott Wright, Treasurer) 4. CONSENT AGENDA a. Minutes from September 28, 2010 b. Minutes from October 12, 2010 c. Minutes from November 9, 2010 5. ADJOURN AT 5:15 PM TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Revised Avon Council Meeting.10.11.23 Page 3 of 4 PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. UTOWN STAFF TOWN ATTORNEY: ERIC HEIL T OWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER NO. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER 2. ROLL CALL 3. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 5. COMMUNITY INPUT a. Stone Creek Charter School Public Input Letters 6. CONSENT AGENDA a. Minutes from November 9, 2010 7. PUBLIC HEARING: COMCAST FRANCHISE AGREEMENT a. Presentation from Janet Rinaldi, Comcast Cable Services Representative 8. RESOLUTIONS a. Resolution No. 10-22, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget (Scott Wright, Asst. Town Manager Finance) b. Resolution No. 10-23, Series of 2010, Resolution to Amend the 2010 Town of Avon Capital Projects Fund Budget (Scott Wright, Asst. Town Manager Finance) c. Resolution No. 10-24, Series of 2010, Resolution to Adopt the 2011 Town of Avon Budget (Scott Wright, Asst. Town Manager Finance) d. Resolution No. 10-25, Series of 2010, Resolution to Accept the proposed Town of Avon Long Range Capital Program and Simultaneously adopt the Year 2011 Capital Projects Fund Budget (Scott Wright, Asst. Town Manager Finance) e. Resolution No. 10-26, Series of 2010, Resolution Levying General Property Taxes for the Year 2008, to help defray the costs of government for the Town of Avon, Colorado, for the 2010 Budget Year (Scott Wright, Asst. Town Manager Finance) f. Resolution No. 10-27, Series of 2010, Resolution Levying General Property Taxes for the Year 2009, to help defray the Costs of government for the Town of Avon General Improvement District No. 1, Avon, Colorado, for the 2010 Budget Year (Scott Wright, Asst. Town Manager Finance) g. Resolution No. 10-28, Series of 2010, Resolution to Approve a Request for Allocation of PEG Funds (Scott Wright, Asst. Town Manager Finance) h. Public Hearing on Resolution No. 10-29, Series of 2010, Resolution of the Town Council of the Town of Avon Consenting to the Dissolution of the Gates Metropolitan District (Eric Heil, Town Attorney) TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Revised Avon Council Meeting.10.11.23 Page 4 of 4 8. RESOLUTIONS - CONTINUED i. Resolution No. 10-30, Series of 2001, Resolution Appointing Municipal Judge j. Resolution No. 10-31, Series of 2010, A Resolution in Appreciation of Mayor Pro Tem Brian Sipes’ Years of Service k. Resolution No. 10-32, Series of 2010, A Resolution in Appreciation of Mayor Ron Wolfe’s Years of Service 9. OLD BUSINESS: ORDINANCES a. Public Hearing on Ordinance No. 10-19, Series of 2010, Second Reading, Ordinance Approving Chateau St. Claire PUD Amendment (Matt Pielsticker, Planner II) Review proposed ordinance amending PUD to remove requirement that prohibits dogs on the property 10. READING OF THE NAMES OF NEWLY ELECTED AVON COUNCIL MEMBERS (PATTY MCKENNY, TOWN CLERK) COUNCIL ELECT: RICH CARROLL, DAVE DANTAS, CHRIS EVANS, TODD GOULDING 11. SWEARING IN AND SEATING OF NEW COUNCIL MEMBERS (BUCK ALLEN, AVON MUNICIPAL JUDGE) 12. NOMINATE & ELECT A TEMPORARY CHAIRPERSON 13. NOMINATE & ELECT MAYOR AND MAYOR PRO TEM 14. ROLL CALL OF NEW COUNCIL 15. EXECUTIVE SESSION a. Receiving legal advice 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 b. Receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statutes §24-6-402(4)(d) regarding Grant Funding for Swift Gulch Project 16. ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS: DECEMBER 14TH: Grant Contract Award for Swift Gulch, Resolution Adopting DBE Policy, Resolution Adopting Community Development Fees, Reception for Outgoing Council Members DECEMBER 28TH: MEETING CANCELLED JANUARY 11TH: Community Heat Recovery Project: Ribbon Cutting Celebration TOWN OF AVON, COLORADO AVON WORK SESSION MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 3:15 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting.10.11.23 Page 1 of 4 PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. UTOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER NO. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 3:15 PM – 4:15 PM 1. EXECUTIVE SESSION a. Receiving legal advice 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 b. Receiving legal advice pursuant to Colorado Revised Statute §24-6- 402(4)(b) and for developing a strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statutes §24-6-402(4)(d) regarding Grant Funding for Swift Gulch Project 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:15 PM – 4:30 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. 1. US Forest Service Multi Party Land Exchange (Ron Wolfe, Mayor) 2. Open Space Advisory Committee Appointment (Ron Wolfe, Mayor) Update and discussion about next council member appointment to the Open Space Advisory Committee b. I-70 Noise Berm Update (Justin Hildreth, Town Engineer) Memo only c. Financial Matters (Finance Department) Memo only d. Avon Wastewater Treatment Facility National Pollution Discharge Elimination System Comments to Colorado Department of Public Health & Education (Jenny Strehler, Director PW&T) Analysis & review of the draft permit / Memo Only e. Funding Partnership for the Eagle River Monitoring and Assessment Program (Larry Brooks, Town Manager) Review status of funding proposal and response from Eagle River Watershed Council / Memo only f. Advisory Team Appointment from Town of Avon to review 1996 Eagle River Watershed Plan (“ERWP”) (Larry Brooks, Town Manager) Review request from Eagle County to appoint Avon representative to advisory team who will help propose amendments to the ERWP / Memo only g. Eagle River Water Quality: Regional Storm Water Discussion (Jenny Strehler, Director PW&T) review of storm water and impacts to the town / Memo only 4:30 PM – 5:00 PM 4. STONE CREEK CHARTER SCHOOL AND SWIFT GULCH CONSTRUCTION (Larry Brooks, Town Manager John Goldstein, Vice President, SCCS) Update on Stone Creek Elementary School per SCCS’s revised proposal 5:00 PM 5. ADJOURNMENT TOWN OF AVON, COLORADO AVON URBAN RENEWAL AUTHORITY MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 5 PM AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting.10.11.23 Page 2 of 4 PRESIDING OFFICIALS CHAIRMAN RON WOLFE VICE CHAIRMAN BRIAN SIPES COMMISSIONERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO, AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. USTAFF EXECUTIVE DIRECTOR / SECRETARY: LARRY BROOKS TREASURER: SCOTT WRIGHT AUTHORITY CLERK: PATTY MCKENNY ALL URBAN RENEWAL MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. RESOLUTIONS a. Resolution No. 10-03, Series of 2010, Resolution to Amend the Avon Urban Renewal Authority Budget for 2010 (Scott Wright, Treasurer) b. Resolution No. 10-04, Series of 2010, Resolution to Adopt the Avon Urban Renewal Authority Budget for 2011 (Scott Wright, Treasurer) 4. CONSENT AGENDA a. Minutes from September 28, 2010 b. Minutes from October 12, 2010 c. Minutes from November 9, 2010 5. ADJOURN AT 5:15 PM TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Avon Council Meeting.10.11.23 Page 3 of 4 PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT “BUZ” REYNOLDS, JR. UTOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER NO. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER 2. ROLL CALL 3. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 5. COMMUNITY INPUT a. Stone Creek Charter School Public Input Letters 6. CONSENT AGENDA a. Minutes from November 9, 2010 7. PUBLIC HEARING: COMCAST FRANCHISE AGREEMENT a. Presentation from Janet Rinaldi, Comcast Cable Services Representative 8. RESOLUTIONS a. Resolution No. 10-22, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget (Scott Wright, Asst. Town Manager Finance) b. Resolution No. 10-23, Series of 2010, Resolution to Amend the 2010 Town of Avon Capital Projects Fund Budget (Scott Wright, Asst. Town Manager Finance) c. Resolution No. 10-24, Series of 2010, Resolution to Adopt the 2011 Town of Avon Budget (Scott Wright, Asst. Town Manager Finance) d. Resolution No. 10-25, Series of 2010, Resolution to Accept the proposed Town of Avon Long Range Capital Program and Simultaneously adopt the Year 2011 Capital Projects Fund Budget (Scott Wright, Asst. Town Manager Finance) e. Resolution No. 10-26, Series of 2010, Resolution Levying General Property Taxes for the Year 2008, to help defray the costs of government for the Town of Avon, Colorado, for the 2010 Budget Year (Scott Wright, Asst. Town Manager Finance) f. Resolution No. 10-27, Series of 2010, Resolution Levying General Property Taxes for the Year 2009, to help defray the Costs of government for the Town of Avon General Improvement District No. 1, Avon, Colorado, for the 2010 Budget Year (Scott Wright, Asst. Town Manager Finance) g. Resolution No. 10-28, Series of 2010, Resolution to Approve a Request for Allocation of PEG Funds (Scott Wright, Asst. Town Manager Finance) h. Public Hearing on Resolution No. 10-29, Series of 2010, Resolution Dissolving the Gates Metropolitan District (Eric Heil, Town Attorney) TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 23, 2010 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Avon Council Meeting.10.11.23 Page 4 of 4 8. RESOLUTIONS - CONTINUED i. Resolution No. 10-30, Series of 2001, Resolution Appointing Municipal Judge j. Resolution No. 10-31, Series of 2010, A Resolution in Appreciation of Mayor Pro Tem Brian Sipes’ Years of Service k. Resolution No. 10-32, Series of 2010, A Resolution in Appreciation of Mayor Ron Wolfe’s Years of Service 9. OLD BUSINESS: ORDINANCES a. Public Hearing on Ordinance No. 10-19, Series of 2010, Second Reading, Ordinance Approving Chateau St. Claire PUD Amendment (Matt Pielsticker, Planner II) Review proposed ordinance amending PUD to remove requirement that prohibits dogs on the property 10. READING OF THE NAMES OF NEWLY ELECTED AVON COUNCIL MEMBERS (PATTY MCKENNY, TOWN CLERK) COUNCIL ELECT: RICH CARROLL, DAVE DANTAS, CHRIS EVANS, TODD GOULDING 11. SWEARING IN AND SEATING OF NEW COUNCIL MEMBERS (BUCK ALLEN, AVON MUNICIPAL JUDGE) 12. NOMINATE & ELECT A TEMPORARY CHAIRPERSON 13. NOMINATE & ELECT MAYOR AND MAYOR PRO TEM 14. ROLL CALL OF NEW COUNCIL 15. TOWN MANAGER REPORT 16. TOWN ATTORNEY REPORT 17. MAYOR REPORT 18. ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS: DECEMBER 14TH: Grant Contract Award for Swift Gulch, Resolution Adopting DBE Policy, Resolution Adopting Community Development Fees, Reception for Outgoing Council Members DECEMBER 28TH: MEETING CANCELLED JANUARY 11TH: Community Heat Recovery Project: Ribbon Cutting Celebration