TC Minutes 08-09-2016AV 0n
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016
AVON TOWN HALL, ONE LAKE STREET
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:12 p.m. A roll call was taken and Council members
present were Sarah Smith Hymes, Scott Prince, Megan Burch, Buz Reynolds and Jake Wolf. Matt
Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning
Director Matt Pielsticker, Recreation Director John Curutchet, Police Chief Greg Daly, Town Engineer
Justin Hildreth, Assistant Town Manager Scott Wright, Fleet Director Rego Omerigic, Transit Director
Jane Burden, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Mayor Fancher requested the addition of the following to the agenda:
1. Action to authorize staff to approve the 2o16 Slurry Seal Project.
2. Executive Session items to determine positions relative to matters that may be subject to
Negotiations, Developing Strategy For Negotiations, and /or Instructing Negotiators, under C.R.S.
§24- 6- 402(2)(e) in Regards to Providing Services for a Swim Program; New Road Development,
Concerning a Commercial Development Partnership, and Event Funding.
Council agreed to the additions.
3. PUBLIC COMMENT
Michael Cacioppo and Jackie Anthony commented.
4. ACTION ITEMS
START TIME: 00:22:37
4.1. PUBLIC HEARING SECOND READING OF ORDINANCE 16 -16, APPROVING A FRANCHISE AGREEMENT WITH COMCAST
OF COLORADO VII, LLC FOR THE PROVISION OF CABLE SERVICES IN THE TOWN OF AVON
(TOWN ATTORNEY ERIC HEIL)
Mayor Fancher opened the Public Hearing and Jackie Anthony and Michael Cacioppo commented.
Mayor Pro Tern Wolf moved to approve on second and final reading Ordinance No. 16 -16 approving a
Franchise Agreement with Comcast of Colorado VII, LLC for the provision of cable services in the
Town of Avon; Councilor Smith Hymes seconded the motion and it passed unanimously by those
present. Councilor Gennett was absent.
4.2. REVIEW AND ACTION ON AN APPEAL OF A DENIAL OF A REAL ESTATE TRANSFER TAX APPLICATION FOR PRIMARY
RESIDENCE EXEMPTION — MALAIDE LLC (BUDGET ANALYST KELLY HUITT)
Councilor Gennett arrived at 5:39 p.m.
Tom Ruemmler, Michael Cacioppo and Peter Buckley commented.
Mayor Fancher moved to approve Mr. Tom Ruemmler's appeal for the refund of real estate transfer
tax paid in error; Councilor Reynolds seconded the motion and it passed unanimously by those
present.
FINAL -Avon Council Meeting o8- og -2016 Minutes Page 1
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TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016
AVON TOWN HALL, ONE LAKE STREET
5. WORK SESSION
START TIME: 00:53:27
5.1. REVIEW OF OPTIONS AND DIRECTION FOR DEVELOPING A MANAGED PARKING PROGRAM FOR AVON PUBLIC PARKING
SPACES FOR 20162017 SKI SEASON PLANNING DIRECTOR MATT PIELSTICKER)
Nick Antuna, Kristen Pryor, Robin Oldershaw, Ron Tartre, Michael Cacioppo and Jackie Anthony
commented.
5.2. REVIEW OF BOOTING PRACTICES IN AVON AND COMPARABLE COLORADO MUNICIPALITIES FOR DIRECTION
(EXECUTIVE ASSISTANTTO THETOWN MANAGER PRESTON NEILL)
Nick Antuna, Jeff Lineback, Michael Smith, Andrei Litviakou, Ron Tartre, Chris Doyle, Brian
Hejtmanek, Dave Dantas and Karen S. commented.
6. ACTION ITEMS
START TIME: 00:00:04
6.1. ACTION TO SUBMIT A LETTER TO THE UNITED STATES FOREST SERVICE IN REGARDS TO USFS ROAD 779 TOWN
MANAGER VIRGINIA EGGER)
Lance Trujillo, Dave Dantas, Louis Boris and Michael Cacioppo commented.
Councilor Reynolds moved to authorize Mayor Jennie Fancher to submit the letter provided in
Attachment A to the United States Forest Service with the following stipulations: 1) In the first
sentence of the third paragraph in the letter, change the word "provide" to "propose ", and 2) Strike
the second sentence of the third paragraph in the letter. Council also approved a motion for the
Town Attorney to evaluate whether the Town can appeal the United States Forest Service's 2011
decision to close the USFS 7 -779 access point to motorized vehicles as part of its "travel
management plan." Mayor Pro Tern Wolf seconded the motion and it passed unanimously by those
present.
6.2. FIRST READING OF ORDINANCE 16 -14, APPROVING CODE TEXT AMENDMENTS FOR PUBLIC FACILITIES AND TOWN
CENTER ZONE DISTRICTS PLANNING DIRECTOR MATT PIELSTICKER)
MICHAEL CACIOPPO COMMENTED
Councilor Reynolds moved to approve the first reading of Ordinance 16 -14, approving code text
amendments for Public Facilities and Town Center Zone Districts with the following stipulation: 1)
strike bullet three of section 2 of the ordinance; Councilor Gennett seconded the motion and it
passed unanimously by those present.
6.3.ACTION ON RESOLUTION 16 -22 AUTHORIZING THE SUBMITTAL OF A GOCO GRANT APPLICATION AND CERTIFYING
THE TOWN OF AVON FUNDING MATCH FOR A NEW PLAYGROUND AT HARRY A. NOTTINGHAM PARK (RECREATION
DIRECTOR JOHN CURUTCHET)
Councilor Reynolds moved to approve Resolution 16 -22 approving the application for a GOCO
playground grant and matching Town funds from the Capital Projects Fund; Mayor Pro Tern Wolf
seconded the motion and it passed unanimously by those present.
FINAL -Avon Council Meeting o8- o9 -2o16 Minutes Page 2
Avo n
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016
AVON TOWN HALL, ONE LAKE STREET
6.4. FIRST READING OF ORDINANCE 16 -17 TO AMEND DRINKING WATER LEASE WITH THE UPPER EAGLE REGIONAL
WATER AUTHORITY TOWN ATTORNEY ERIC HEIL)
Councilor Smith Hymes moved to approve first reading of Ordinance 16 -17 approving the first
amendment to the Ground Lease on Tract P, Benchmark at Beaver Creek, Avon, Colorado; Councilor
Gennett seconded the motion and it passed unanimously by those present.
6.5. ACTION ON RESOLUTION 16 —21 TO AMEND THE 2016 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Councilor Reynolds moved to approve Resolution 16 -21, a Resolution summarizing expenditures and
revenues by fund and amending the 2o16 Capital Projects Fund Budget for the Town of Avon for the
calendar year; Mayor Pro Tern Wolf seconded the motion and it passed on a vote Of 5 to 2. Councilor
Smith Hymes and Councilor Gennett voted no.
6.6. ACTION TO AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT TO RETAIN ARCHITECTURAL AND ENGINEERING
SERVICES FOR THE NEWTOWN HALL (TOWN ENGINEER JUSTIN HILDRETH)
Councilor Reynolds moved to authorize Mayor Jennie Fancher to execute a Professional Service
Agreement for architecture, engineering and price estimating services for the New Town Hall, with
Davis Partnership Architects in the amount of $200,000.00; Councilor Burch seconded the motion
and it passed unanimously by those present.
6.7. CONSENT AGENDA
6.7.1. RESOLUTION 16 -23 APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT -OF -WAY EASEMENT ACROSS
LOT B, BUCK CREEK SUBDIVISION, AVON COLORADO AND TRENCH, CONDUIT AND VAULT AGREEMENT
TOWN ENGINEER JUSTIN HILDRETH)
6.7.2. APPROVAL OFTHEJULY 26, 2016 MINUTES TOWN CLERK DEBBIE HOPPE)
Councilor Burch moved to approve the consent agenda; Councilor Gennett seconded the motion and
it passed unanimously by those present.
7. WORK SESSION
7.1. REVIEW AND DIRECTION ON REVENUE PROJECTIONS FOR THE 2017 -18 BUDGET AND ALLOCATION TARGET OF UP TO
$205,000 FOR COMMUNITY GRANTS (ASSISTANT TOWN MANAGER SCOTT WRIGHT/ EXECUTIVE ASSISTANT TO THE
TOWN MANAGER PRESTON NEILL)
8. WRITTEN REPORTS
8.1. GIFT REPORTING — 2016 OUTLAWS & LEGENDS FESTIVAL PASSES
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9.1. U ERWA (COUNCILOR SARAH SMITH HYMES)
9.2. CLIMATE ACTION PLAN STAKEHOLDERS (COUNCILOR SARAH SMITH HYMES)
FINAL -Avon Council Meeting 08- 09 -2oi6 Minutes Page 3
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016
AVON TOWN HALL, ONE LAKE STREET
9.3.AFFORDABLE HOUSING BOARD (COUNCILOR MEGAN BURCH)
10. MAYOR & COUNCIL COMMENTS
11. TOWN MANAGER UPDATE
12. EXECUTIVE SESSION FOR THE FOLLOWING PURPOSES:
1. To Determine Positions Relative to Matters that may be subject to Negotiations, Developing Strategy
for Negotiations, and /or Instructing Negotiators, under C.R.S. §24- 6- 402(2)(e) in Regards to the
WinterWonderGrass Festival,
2. To discuss the Purchase, Acquisition, Lease, Transfer, or Sale of Real, Personal, or Other Property
Interest under C.R.S. §24- 6- 402(2)(a) and to Determine Positions Relative to Matters that may be subject
to Negotiations, Developing Strategy For Negotiations, and /or Instructing Negotiators, under C.R.S. §24-
6-402(2)(e) concerning Conservation of Certain Town Owned Property.
3. For a Conference with the Town Attorney for the Purpose of Receiving Legal Advice under C.R.S. §24-
6-402(2)(b) and to Determine Positions Relative to Matters that may be subject to Negotiations,
Developing Strategy For Negotiations, and /or Instructing Negotiators, under C.R.S. §24- 6- 402(2)(e)
concerning Eagle Bend Affordable Housing.
4. To Determine Positions Relative to Matters that maybe subject to Negotiations, Developing Strategy
For Negotiations, and /or Instructing Negotiators, under C.R.S. §24- 6- 402(2)(e) in Regards to Providing
Services for a Swim Program; New Road Development, Public- Private Partnerships and Event Funding.
Council convened into Executive Session at 10:48 p.m.
Councilor Prince and Councilor Reynolds left Executive Session at 11:45 P.M.
Executive Session ended at 12:01 a.m.
Council reconvened into regular session at 12:o1 a.m.
Council unanimously authorized staff to approve the 2016 Slurry Seal Project.
13. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 12:03 p.m.
FINAL -Avon Council Meeting o8- o9 -2oi6 Minutes Page 4
APPROVED:
Jennie Fancher
Jake Wolf
Matt Gennett
Megan Burch
Albert "Buz" Reynolds
Scott Prince
Sarah Smith Hymes
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016
AVON TOWN HALL, ONE LAKE STREET
RESPECTFULLY SUBMITTED:
I h -0 �m a)
Debbie Hoppe, To n Jerk
FINAL -Avon Council Meeting 08- 09 -2oi6 Minutes page 5