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TC Minutes 01-10-2017Avo n 1 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 335 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Amy Phillips and Megan Burch. Council members Matt Gennett, Scott Prince and Jake Wolf were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Police Chief Greg Daly, Planning Director Matt Pielsticker, Fleet Director Rego Omerigic, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. Councilor Matt Gennett and Councilor Scott Prince arrived at 3:37 p.m. 2. APPROVAL OF AGENDA Mayor Fancher noted that the Eaglebend Housing consultant, Andrea Davis, would not be able to physically attend the meeting due to inclement weather and poor driving conditions. Council agreed to let Ms. Davis attend the meeting via Skype. Councilor Phillips asked to remove item 9.5.3 from the Consent Agenda for further discussion and clarification. Councilor Phillips also requested to add an additional sentence to the Executive Session motion to be read at the time of the Executive Session item. Mayor Fancher moved to approve the agenda with the modifications, as discussed. Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Wolf was absent. 3. PUBLIC COMMENT There were no public comments. Mayor Fancher stated the Council fully appreciates input from the public. She asked that anyone from the public that would like to speak on items on the agenda to please wait until the public comment period is open for that topic. She also requested members of the public to only speak once. 4. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) RELATED TO SUCH REAL PROPERTY DISCUSSION AND FOR THE PURPOSE OF DETERMINING 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) Mayor Fancher made a motion to go into Executive Session for the Purpose of Receiving Legal Advice under C.R.S. §24-6-402(2)(6) related to such Real Property Discussion and for the Purpose of Determining 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). Councilor Phillips read the following additional sentence into the motion: "This is concerning potential public private partnerships for Avon affordable housing projects." Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Wolf was absent. The time was 339 p.m. Councilor Prince recused himself from the second executive item. Page 1 Avon COLOqADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Council convened into Executive Session at 3:39• Councilor Wolf arrived at 4:35 p.m. Executive Session ended at 4:41 P.M. Council reconvened into regular session at 4:47 Pm S. MAYOR'S STATEMENT REGARDING ALLEGATIONS REPORTED IN THE VAIL DAILY ARTICLE "AVON SWIM PROGRAM DRAWS CONTROVERSY" MAYOR JENNIE FANCHER) Mayor Fancher read a prepared statement regarding allegations reported in the Vail Daily article "Avon Swim Program Draws Controversy." Councilor Wolf stated that there a lot of people who are concerned about what occurred during the transition, as it gave off a vision of impropriety. Mayor Fancher said "Councilor Prince excused himself from every conversation." Mayor Fancher asked John Curutchet, Director of Recreation, if Councilor Prince was involved in the hiring of the new swim team coach. John responded that he was no. He also stated that it was a lengthy and comprehensive process that started in December, 2015. Parents came forth, Councilor Prince being one of the parents, and asked for a review of the swim program. 6. WORK SESSION Start Time: 00:12:53 Part 1 6.1. REVIEW OF THE TOWN OFAVON 2017-2015 STRATEGIC PLAN TOWN MANAGER VIRGINIA EGGER) Councilor Phillips asked what the status is in regard to the updating of the comprehensive plan. Virginia Egger, Town Manager, advised that staff is waiting on the results of this work session. After the work session, staff will get to it and identify a date for completion. Matt Pielsticker, Planning Director, advised that the Planning and Zoning Commission is currently reviewing a strike -through copy of the comprehensive plan. He estimated three more meetings with the Commission before holding a work session with the Council. The first quarter of 2017 is the goal to get it in front of Council. Councilor Phillips recommended adding the language "and adopt into the updated comprehensive plan." She also asked about the evaluation and expansion of the heat recovery system. Mayor Pro Tem Smith Hymes expressed appreciation that the Climate Action Plan for the Eagle County Community is called out as a tier 1 priority. Mayor Pro Tem Smith Hymes recommended beefing up the language in order to make it more urgent. Also, she expressed interest in seeing specific goals of the Plan called out as priorities. Mayor Pro Tem Smith Hymes asked Council if there is any interest in exploring a sister city relationship. Consensus was that it is worth exploring and should be identified as a tier 2 priority. Finally, she said she would like to see the whitewater park fixed and activated. Page 2 A Avon COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Council Prince asked that the bike share program be moved from a tier 2 priority to a tier 1 priority. The majority of Council supported the move. Councilor Prince also offered a small revision to one of the bullets in the Strategic Plan to make it read more clearly. Mayor Fancher asked staff to look into the possibility of creating a rail bike system on the portion of Union Pacific's railroad that runs through the Town of Avon. Mayor Fancher added that she liked the idea of connecting communities and would like to see a cross county track set up on the railroad tracks. Mayor Fancher emphasized the importance of tackling an initiative like a plastic bag ban. She also said she would like to see increased outreach to the business community. Councilor Burch asked if the Town has an incentive for beautification of existing structures. Virginia Egger, Town Manager, suggested expanding the language on page 5, tier 2 priorities. Councilor Burch also asked for an update on the playground project. John Curutchet, Recreation Director, advised the GOCO Grant was submitted and the Town should be notified in February if it is awarded. Councilor Burch suggested when the new website goes live that Liz Wood, Communications Manager, set up a presentation for Council. Councilor Burch also suggested more engagement with the public by Council members. Councilor Burch asked that the tier 2 priority under effective government labeled "Nottingham Road assessment" be moved to a tier 1 priority. Councilor Burch asked what the status of the 1-70 under lighting changes. Justin Hildreth, Town Engineer, responded it should be happening within the next couple of weeks. Councilor Gennett commented on the comprehensive plan update, listed as a tier 1 priority. He suggested looking into alternative equivalent compliance in the development code. Councilor Gennett also suggested giving more incentives for the climate action plan and housing plan. Councilor Wolf said he would like to see a creative arts district listed as a priority in the Strategic Plan. Councilor Wolf suggested soliciting a title sponsor for the Pavilion, adding a plaque to the Pavilion, adding the Avon bus schedule to Google, resurrecting a regular Tipsy Taxi service, getting going on the pianos around town project, putting musical instruments on the Main Street Mall, making it easier for business to do business in Avon, exploring the tiny home model, fixing the sound system in Council Chambers, exploring the possibility of applying Recreation Center discounts for Eagle -Vail residents, allowing cross country skiing on the tracks, adding a learning area on the north west corner of the Nottingham Lake, reviewing an initiative to ban the use of plastic bags, updating the social media policy, implementing a "ski with elected officials day", and maximizing all assets to reduce the burden to taxpayers. 6.2 REVIEW AND DISCUSSION OF THE DRAFT TOWN OF AVON EMPLOYEE HOUSING VISION & PHILOSOPHY TOWN MANAGER VIRGINIA EGGER) Councilor Burch asked, "What is the Town's priority"? Mayor Pro Tem Smith Hymes asked, "Who are we serving"? Councilor Gennett agreed that the document needs to be more clearly defined. Councilor Phillips suggested drafting a survey. Town Manager Virginia Egger suggested the Page 3 Avo n C O L O R A D O TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET formation of a small work group of Council members and Town staff to continue discussing and developing the policy. Councilor Burch, Councilor Phillips and Mayor Pro Tem Smith Hymes volunteered to participate in the work group. Councilor Phillips requested that the work group meetings be publicly posted. 9.5.3. APPROVAL OF THE DECEMBER 13, 2o16 REGULAR MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) COUNCILOR PHILLIPS ASKED FOR SEVERAL CHANGES TO THE AGENDA. Councilor Prince requested the time on page 2 item 5 be changed to 7:49 p.m. Councilor Prince suggested that tape time would be most beneficial for those viewing. Councilor Phillips suggested moving item 7.4. Councilor Prince recommended striking out who was responsible for items if they were not at the meeting. Councilor Prince moved to approve the December 13, 2016 regular meeting minutes as amended. Councilor Phillips seconded the motion and it passed unanimously by those present. 6.3.REPORT ON FINANCING OPTIONS FOR EAGLEBEND AND KAYAK CROSSING AFFORDABLE HOUSING PROGRAMS (COUNCILOR SCOTT PRINCE) Councilor Prince recused himself due to a conflict of interest. Andrea Davis, a consultant to the Town, presented financing alternatives for the Eaglebend Apartments and provided information for including Kayak Crossing in 4% Low Income Housing Tax Credit (LIHTC) issue. Ms. Davis presented the financing options remotely, via Skype. Craig Ferraro, Gerry Flynn, Tamara Underwood, Mike Brown and Jill Klosterman made comments. Mr. Flynn spoke at length about his opposition to the LIHTC proposal. He also expressed the need to preserve the valuable resources provided under state and federal housing programs to produce new affordable rentals throughout Eagle County. Councilor Gennett made a motion to move forward with the original financing option. Councilor Wolf seconded the motion and it passed unanimously by those present. Councilor Prince abstained from the vote. 6.4. REVIEW AND DIRECTION CONCERNING TERMINATION OF THE BENCHMARK PROTECTIVE COVENANTS (TOWN ATTORNEY ERIC HEIL) This item took place after the Urban Renewal Authority Meeting at 9:o1 p.m. See page 5. 7. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE LIQUOR LICENSING AUTHORITY AND A MEETING OF THE URBAN RENEWAL AUTHORITY Page 4 A Avon coLoaADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET 8. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING Mayor Fancher called the meeting to order at 9:o1 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips and Megan Burch. 6.2.REVIEW AND DIRECTION CONCERNING TERMINATION OF THE BENCHMARK PROTECTIVE COVENANTS TOWN ATTORNEY ERIC HEIL) Eric Heil, Town Attorney, recapped how this item has gotten to this point. He provided a summary of the issue and detailed a process for moving forward with consideration of terminating the Benchmark Covenants. He presented a draft version of a notice to property owners that would be mailed by the Town of Avon. Council provided direction to staff to proceed with the effort to terminate the Benchmark Covenants. Councilor Wolf said he is opposed to the direction. i�. ACTION ITEMS 1 Start Time oo:64:11 Part Two 9.1. REVIEW AND 2017 APPOINTMENTS TO BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS MAYOR JENNIE FANCHER) The following changes were made to the appointments document: • Councilor Wolf as the primary representative and Councilor Phillips as the alternate representative on ECO Transit & Trails • Mayor Pro Tem Smith Hymes as the alternate representative on the Eaglebend, Kayak Crossing & Buffalo Ridge Housing Corporations Councilor Prince moved to approve the appointments to committees, boards, authorities, etc., with the amendments as discussed. Councilor Gennett seconded the motion and it passed unanimously by those present. 9.2.REVIEW AND ACTION ON THE TOWN OF AVON 2017 FREE EVENTS PROGRAM AND REQUESTED FUNDING SUPPORT DIRECTOR OF FESTIVALS AND SPECIAL EVENTS DANITA DEMPSEY) Council reviewed and provided direction on elements of the 2017 Free Events Program, which includes $400,000 in seed funding appropriation. Council approved $8,000 in funding for an Eggroll event on April 15, 2017 and $25,000 for Wonderbound Dancing in the Park on July 31, 2017. Council opted not to support funding for Apres Avon concerts. 9.3.REVIEW AND APPOINTMENT OF AD HOC SPECIAL EVENTS COMMITTEE MAYOR JENNIE FANCHER) Councilor Gennett moved to approve the appointment of the 15 applicants to the Ad Hoc Special Events Committee for a one year term from February 1, 2017 - January 31, 2o18. Councilor Wolf seconded the motion and it passed unanimously by those present. Councilor Phillips recommended the meetings be noticed as public meetings. Page 5 Avon COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Councilor Wolf asked to be the liaison for the Ad Hoc Special Events Committee. Councilor Burch will join the committee meetings as a liaison, as time allows. Council agreed including Councilor Wolf and Councilor Burch to be listeners only on the committee. 9.4. REVIEW AND ACTION ON ANY CHANGES TO THE 2017 REGULAR AND RETREAT MEETING SCHEDULE TOWN MANAGER VIRGINIA EGGER) Mayor Fancher requested an additional meeting for February. Council agreed to add a Council meeting on Tuesday, February 28, 2017. Mayor Pro Tem Smith Hymes requested reconsideration of the March 21St Retreat date, as she will be out-of-town. Council agreed to remove the March 21" Retreat from the meeting schedule. Mayor Fancher recommended the meeting in August be held on the 22"d and not on 81h. Council agreed to the recommended change. 9.5• CONSENT AGENDA 9.5.1. APPROVAL OF RESOLUTION 17-01, DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 9.5.2. APPROVAL OF REQUEST TO EXPAND THE SPECIAL EVENT PRODUCTION ASSISTANT FROM A SEASONAL TO A FULL-TIME POSITION AND APPROVAL OF ADDITIONAL FUNDING FOR THE POSITION FROM THE 2017 GENERAL FUND CONTINGENCY LINE ITEM DIRECTOR OF FESTIVALS AND SPECIAL EVENT DANITA DEMPSEY) 9.5.3. APPROVAL OF THE DECEMBER 13, 2016 REGULAR MEETING MINUTES TOWN CLERK DEBBIE HOPPE) Councilor Phillips suggested changes to the minutes. This item took place after item 6.2, see page 4. 9.5.4. APPROVAL OF THE DECEMBER 20, 2016 SPECIAL MEETING MINUTES (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Councilor Gennett moved to approve the consent agenda minus item 9.5.3 December 13, 2o16 regular meeting minutes, as they were already approved. Councilor Phillips seconded the motion and it passed unanimously by those present. 10. WRITTEN REPORTS 10.1. WINTERTRANSIT PILOT PROGRAM Councilor Phillips asked to discuss the Written Report regarding the Winter Transit Pilot Program. Councilor Phillips questioned the Program having weekend rides on Hurd Lane when Hurd Lane has two stops with regular service. Page 6 A on U f? L TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Councilor Prince stated that a larger vehicle than a six passenger van needs to be utilized for these services. Virginia Egger, Town Manager, suggested a 14 passenger sprinter van. Councilor Prince was in favor of providing Wildridge to Skier Shuttle service on Friday, Saturday and Sunday. Mayor Fancher suggested Thursday through Sunday. Consensus was reached that the Wildridge to Skier Shuttle service will initially be provided 7 days per week using a large vehicle. Service will be monitored and reduced, if needed. Councilor Gennett left the meeting at 10:35 p.m. 10.2. PURCHASE AND USE POLICY FOR TOWN COUNCIL TABLETS UPDATE 10.3. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY DECEMBER 15, 2016, REGULAR BOARD MEETING 10.4. THE MOUNTAIN PACT: OUTDOOR REC ACT PRESS RELEASE J4. MAYOR & COUNCIL COMMENTS & MEETING UPDATES fZ. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. Councilor Wolf seconded the motion and it passed unanimously by those present. The time was 11:o6 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www.highfivemedia.org. APPROVED: Jennie Fancher Sarah Smith Hymes Jake Wolf Megan Burch Matt Gennett Scott Prince Amy Phillips RESPECTFULLY SUBMITTED: Debbie Hoppe, Town Cle Page 7