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TC Minutes 02-14-2017p Avon TOWN OF AVON COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017 AVON TOWN HALL, ONE LAKE STREET A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:23 p.m. A roll call was taken and Council members present were Scott Prince, Jake Wolf, Amy Phillips, Sarah Smith Hymes, and Megan Burch. Council member Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Sergeant Matt Jamison, Judge Buck Allen, Planning Director Matt Pielsticker, Fleet Director Rego Omerigic, Town Engineer Justin Hildreth, Director of Festivals & Special Events Danita Dempsey, Executive Assistant to the Town Manager Preston Neill and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Start time: oo:08:32 Town Attorney Eric Heil requested the addition of an Executive Session item as follows: Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S. §24-6-402(2)(6) and to discuss potential acquisition to Real Property interest under C.R.S. §24-6-402(2)(E) concerning a potential affordable housing project. Mayor Fancher moved to approve the agenda with the amendment. Mayor Pro Tem Smith Hymes seconded the motion and it passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Gennett was absent. 3. PUBLIC COMMENT - COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 00:09:51 Kathy Ryan, an Avon resident, commented on Item 5.5 listed below. Mayor Fancher asked Ms. Ryan to provide her remaining comments during the item and she agreed. 4. WORK SESSION Start time: 00:17:04 4.1 REVIEW OF SCOPE OF 1-70 UNDERPASS SAFETY PROJECT TOWN ENGINEER JUSTIN HILDRETH) Pedro Campos, Landscape Architect and Land Planner with Zehren and Associates, presented a preliminary study that summarized current conditions and suggested potential solutions that could improve existing conditions. Councilor Prince asked a question about the existing concrete slab and how it relates to ice build-up. Mayor Fancher asked if a new solar -operated technology has been developed to melt snow. Mayor Fancher expressed how she likes the landscaping, lighting, and how this project will make it pedestrian friendly. Councilor Burch closed this review commenting, "I'm really happy with the direction this is going. This will be a better, more attractive use of the space." Council directed Town staff and Zehren and Associates to move forward with the project. Page 1 Av n TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017 AVON TOWN HALL, ONE LAKE STREET 5. ACTION ITEMS Start time: 00:40:38 5.1 CONSENT AGENDA 5.1.1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON REGARDING THE AVON STATION ECO TRANSIT SHELTER (TOWN ENGINEER JUSTIN HILDRETH) Councilor Phillips moved to approve the Consent Agenda with only the Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of Avon. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 5.1.2 APPROVAL OF THE JANUARY 24, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) Mayor Fancher corrected a minor misspelling in the minutes. Councilor Phillips moved to approve the minutes from January 24, 2017. Councilor Burch seconded the motion and it passed unanimously by those present. Mayor Pro Tem Smith Hymes abstained from the vote. Councilor Gennett was absent. 5.2 PUBLIC HEARING SECOND READING OF ORDINANCE 17-01, ACCEPTING A DONATION OF THE EAGLEBEND PROPERTY, AUTHORIZING THE CONVEYANCE OF SUCH REAL PROPERTY, AND APPROVING A PROJECT AGREEMENT (TOWN ATTORNEY ERIC HEIL) Start time: 00:42:27 Tamra Underwood spoke on behalf of the Eaglebend Affordable Housing Corporation (EBAHC). She explained the refinancing desired by EBAHC. EBAHC desires to refinance existing debt on the Eaglebend Affordable Housing Property with an approximately current outstanding balance of $11,965,000 in order to accelerate capital improvements to the Property, to take advantage of low interest rates, and to provide for more favorable amortization of the debt. EBAHC proposes refinancing by and through the Colorado Housing and Finance Authority (CHFA), which would require conveyance of the Property to the Town of Avon by donation, then conveyance to CHFA as gift. CHFA would then do a final conveyance back to EBAHC. Michael Cacioppo and Patricia Coffin made comments about the issuance of new debt. Mayor Pro Tem Smith Hymes moved to approve the second and final reading of Ordinance No. 17-01 with the following conditions: 1. New debt shall not exceed $29 million 2. New debt shall not incur an interest rate exceeding 4.5% 3. EBAHC shall seek to have a term where the pre -payment penalty is reasonable 4. Town Manager, Town Attorney, and Councilor Burch shall be added to the review Councilor Phillips seconded the motion and it passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Gennett was absent. Page 2 p1 4, Avo n TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017 AVON TOWN HALL, ONE LAKE STREET 5.3 PUBLIC HEARING SECOND READING OF ORDINANCE 17-02, TO REZONE LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION FROM PUD TO PUBLIC FACILITIES (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 00:111:18 Mayor Pro Tem Smith Hymes moved to approve Ordinance 2017-02 (Exhibit A), thereby approving second and final reading of an Ordinance rezoning Lots 4, Mountain Vista Resort Subdivision, from PUD to PF. Councilor Phillips seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 5.4 PUBLIC HEARING AEG LIVE ROCKY MOUNTAINS PERMIT APPLICATION FOR AMPLIFIED SOUND SYSTEM FOR LYLE LOVETT AND HIS LARGE BAND ON JULY 23, 2017 (DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY) Start time: 00:113:01 AEG Live Rocky Mountains made an offer to Lyle Lovett and His Large Band, and if it is accepted, the ticketed event will be produced by AEG Live Rocky Mountains, with an expected crowd size of 4,000 to 4,500. The ticket price is $55.00 - $60.00. No funding is requested from the Town of Avon. Kathy Ryan made a comment about the permit lasting until 10:0o p.m. Councilor Phillips moved to approve an Amplified Sound Permit for the Lyle Lovett and His Large Band concert on Sunday, July 23, 2017, until 10:0o p.m. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 5.5 ACTION ON AD HOC SPECIAL EVENTS COMMITTEE'S RECOMMENDATIONS FOR 2017 FREE EVENTS (DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY) Start time: 00:118:06 Kathy Ryan, Ruthie Stanley and Michael Cacioppo commented on the recommended events. Councilor Phillips moved to approve the Ad Hoc Special Events Committee's recommendations for 2017 Free Events and appropriate funding of $53,619 from the 2017 General Fund Special Events Assigned Fund Balance. Councilor Wolf seconded the motion and it passed unanimously by those present. Councilor Burch was out of the room and Councilor Gennett was absent. Councilor Gennett arrived at 9:11 p.m. 5.6 FIRST READING OF ORDINANCE 17-03, AMENDING AVON MUNICIPAL CODE SECTIONS 5.12.090, 110, AND 120 CONCERNING VEHICLE IMPOUNDMENT (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Start time: 00:00:02 Part Two Ordinance 17-03 was presented, which, if approved through two readings, will enact the following amendments: Page 3 ,cavo n U Q L 00 4 V 0 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017 AVON TOWN HALL, ONE LAKE STREET • Permit payment by credit card in addition to payment by cash. • Clarify grounds for finding a lack of "moral character" that would justify suspending or revoking a license. • Change the standard to uphold a vehicle immobilization from "probable cause" to actual violation of parking rules and compliance with all vehicle impoundment rules. • Change the minimum hearing cost from $1oo to an amount to be determined by the municipal court. • Permit the municipal court discretion to reverse or reduce an immobilization fee. • The owner of a vehicle shall first contact the owner of the property, or owner's agent, by e- mail or other means to request reversal or reduction of the immobilization fee. The parking enforcement company shall provide the e-mail address and telephone number of the property owner or property owner's agent, who shall not be anyone employed by or affiliated with the parking enforcement company. Mayor Pro Tem Smith Hymes questioned Chief Daly about booting companies delivering monthly reports to the PD. Chief Daly responded that it is part of the original ordinance and that the booting companies have delivered booting logs regularly. He explained that the logs help the Town to know how many vehicles are being booted. Sergeant Jamison said that information about a survey he prepared actually came from those monthly logs. Judge Buck Allen mentioned Municipal Court should be the last resource since Avon Municipal Court is primarily criminal, not for civil issues. He suggested that the first step for individuals whose vehicles have been booted should be to go to the property manager, then, if they cannot resolve the issue, send it to Avon Municipal Court. Andrei L. and Nick Antuna commented on the proposed amendments to the booting regulations. Councilor Gennett expressed his support for repealing the booting regulations established by Ordinance o9 -1o. Councilor Phillips moved to approve First Reading of Ordinance 17-03, as presented. Mayor Pro Tem Smith Hymes seconded the motion and it passed on a vote of 5 to 2. Councilor Wolf and Councilor Gennett voted no. 5.7 APPROVAL OF RESOLUTION 17-03 ADOPTING THE 2017-18 TOWN OFAVON STRATEGIC PLAN UPDATE TOWN MANAGER VIRGINIA EGGER) Start time: oo:98:23 Part Two Council reviewed the 2017-2o18 Town of Avon Strategic Plan Update and provided various edits and modifications to Town Manager Virginia Egger. Councilor Phillips moved to approve Resolution 17-03 Adopting the Town of Avon 2017-18 Strategic Plan with the agreed upon modifications. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by those present. Page 4 Avon 0RAVC'+ TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017 AVON TOWN HALL, ONE LAKE STREET 5.8 REVIEW AND APPROVAL OF A LETTER TO THE EAGLE COUNTY REGIONAL TRANSIT AUTHORITY REGARDING THE PROPOSED 2017 SUMMER SCHEDULE (MAYOR PRO TEM SARAH SMITH HYMES) Start time: 00:151:01 Part Two Council reviewed the proposed summer bus schedule from ECO Transit and provided feedback to improve routes. Councilor Burch moved to support Mayor Fancher to send a Letter to the Eagle County Regional Transit Authority (ECRTA), offering the following comments on the 2017 ECRTA Summer Bus Schedules: 1. Increase frequency between 7:Oo and 9:oo a.m. Eastbound and 4:oo and 6:oo p.m. Westbound to meet worker demand 2. Provide Support to Immediate Family Members of Children on the Reduced/Free Lunch Program 3. In addition to these additional routes, Avon would like to work with ECRTA to evaluate other opportunities to expand service, including the addition of late night loops this summer until 1:oo a.m., as offered during the winter. Councilor Gennett seconded the motion and it passed unanimously by those present. 6. WORK SESSION Start time: 00:159:00 Part Two 6.1 REVIEW AND DIRECTION ON BUSINESS LICENSE CHANGES, STATE OF COLORADO UNIFORM SALES TAX DEFINITIONS & PANHANDLING (TOWN ATTORNEY ERIC HEIL/ASSISTANT TOWN MANAGER SCOTT WRIGHT) Town Attorney Eric Heil and Assistant Town Manager Scott Wright presented proposed revisions and updates to the definitions in the Sales Tax regulations, proposed amendments to business licensing requirements, and changes to the peddling and solicitation regulations to address permissible panhandling regulations. Assistant Town Manager Scott Wright commented that definitions have evolved and they are looking to standardize definitions according to what other municipalities and the Colorado Municipal League have. Council provided direction to staff to move forward with the preparation of an ordinance. 6.2 LIQUOR LICENSING WORKSHOP (TOWN ATTORNEY ERIC HEIL) This item did not take place. 7. WRITTEN REPORTS 7.1 STATE OF COLORADO INDEPENDENT ETHICS COMMISSION RULING ON HOME RULE AUTHORITY REGARDING GIFT BAN (TOWN ATTORNEY ERIC HEIL) 7.2 HARRY A. NOTTINGHAM PARK LIGHT REPLACEMENT PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Page 5 Ava nt'1), TOWN OFAVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAYS FEBRUARY 14, 2017 AVON TOWN HALL, ONE LAKE STREET 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: oo:165:41 Part Two Councilor Burch followed up on an invitation from Erik Williams about the Workforce Housing Coalition meeting. Councilor Phillips asked for the Workforce Housing Coalition meeting to be publicly posted. Councilor Burch also invited Council members to participate in the Family Leader Training Institute. She explained that she participated in the program last year. Mayor Fancher asked Councilor Wolf about answering texts or emails from other Council members. He answered he has not been given the proper tools to check Council -related emails. Mayor Pro Tem Smith Hymes moved to replace Councilor Wolf as the primary appointee to the ECO Transit Board with Councilor Phillips. Councilor Burch seconded the motion and it passed on a vote of 4 to 2. Councilor Gennett and Councilor Wolf voted no. Councilor Phillips abstained from the vote. Councilor Wolf made a motion to terminate immediately the employment of Town Manager Virginia Egger. The motion did not receive a second, so the motion failed. Councilor Wolf left the meeting at 11:oo p.m. Mayor Fancher moved to convene into Executive Session 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 discuss potential acquisition to Real Property interest under C.R.S. §24-6-402(2)(E) concerning a potential affordable housing project. Councilor Phillips seconded the motion and it passed unanimously by those present. Councilor Wolf was absent. The time was 11:12 P.M. Councilor Prince recused himself from Executive Session due to a conflict. Council convened into Executive Session at 11:20 P.M. Executive Session ended at 11:49 p.m. Council reconvened into regular session at 11:51 p.m. 9. ADJOURNMENT Start time: 00:178:oo Part Two There being no further business to come before the Council, Councilor Phillips moved to adjourn the regular meeting. Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Wolf was absent. The time was 11:52 P.M. Page 6 Avo n Rf TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 14, 2017 AVON TOWN HALL, ONE LAKE STREET 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 SUB Brenda Torres, Depu n Clerk f, 4 Page 7