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TC Minutes 10-23-2018TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 23, 201$ AVON TOWN HALL, ONE LAKE STREET 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:05 p.m. A roll call was taken, and Council members present were Megan Burch, Amy Phillips, Matt Gennett, Jake Wolf and Scott Prince. Sarah Smith Hymes was absent. Also present were Acting Town Manager Scott Wright, Town Attorney Eric Heil, Police Chief Greg Daly, Planning Director Matt Pielsticker, Recreation Director John Curutchet, Mobility Director Eva Wilson, Public Works Director Gary Padilla, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes made to the agenda. PUBLIC COMMENT: COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA There were no public comments. 4. PRESENTATIONS Start time: 04:00 4.1. SWEARING IN OF PATROL OFFICER CODY DUN FORD POLICE CHIEF GREG DALY) Mayor Fancher presided over the swearing in of Officer Dunford. The Oath of Office was administered by Town Clerk Debbie Hoppe. Council moved to item 5.3• 5.3. PUBLIC HEARING SECOND READING ORDINANCE 18-17, AUTHORIZING A FIRST AMENDMENT TO THE 2014B CERTIFICATES FOR BOND FINANCING TOWN ATTORNEY ERIC HEIL) Start time: 07:55 Mayor Fancher opened the public hearing and there were no comments. Councilor Phillips moved to approve second reading of Ordinance 18-17, Authorizing a First Amendment to a Previously Executed Lease Agreement, Site and Improvement Lease, and providing Other Materials Relating Thereto. Councilor Burch seconded the motion and it passed unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent. 5.4. FIRST READING ORDINANCE 18-18, AMENDING CHAPTER 5.08 OF THE AVON MUNICIPAL CODE, CONCERNING LIQUOR LICENSES TOWN ATTORNEY ERIC HEIL) Start time: 10:33 Councilor Phillips moved to approve fist reading of Ordinance 18-18, Amending Chapter 5.o8 - Liquor Licenses of the Avon Municipal Code and refer Ordinance 18-18 to a public hearing on November 13, 2018. Councilor Gennett seconded the motion and it passed unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent. 5.5. RESOLUTION 18-19, SUPPORTING PASSAGE OF EAGLE COUNTY BALLOT ISSUE 1A REGARDING VOTE AUTHORIZATION TO EXTEND THE MILL LEVY FOR THE EAGLE COUNTY OPEN SPACE PROGRAM Page 1 TOWN OFAVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAYS OCTOBER 23,2o18 AVON TOWN HALL, ONE LAKE STREET (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 17:25 Councilor Phillips moved to approve Resolution 18-19, supporting passage of Eagle County Ballot Issue 1A regarding voter authorization to extend the mill levy for the Eagle County Open Space Program. Councilor Gennett seconded the motion and it passed unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent. 5.6. CONSENTAGENDA Start time: 18:26 5.6.1 AUTHORIZATION FOR MAYOR, TOWN MANAGER AND TOWN ATTORNEY TO NEGOTIATE ANY FINAL REVISIONS AND EXECUTE AN INTERGOVERNMENTAL AGREEMENT REGARDING THE RECYCLING DROP OFF CENTER BETWEEN THETOWN OFAVON AND EAGLE COUNTY DEPUTY TOWN MANAGER PRESTON NEILL) 5.6.2. APPROVAL OF FINDINGS OF FACT AND RECORDS OF DECISION FOR TWO MAJOR DEVELOPMENT PLAN APPLICATIONS FOR RIVERFRONT FOR LOTS 4, 5, AND 6, RIVERFRONT SUBDIVISION PLANNING DIRECTOR MATT PIELSTICKER) 5.6.3. AUTHORIZATION FOR THE TOWN OF AVON TO BE ADDED AS A SIGNATORY TO A COMMENT LETTER TO THE AIR QUALITY CONTROL COMMISSION ENCOURAGING ADOPTION OF LOW EMISSION VEHICLE AND ZERO EMISSION VEHICLE STANDARDS IN COLORADO DEPUTY TOWN MANAGER PRESTON NEILL) 5.6.4. APPROVAL OF MINUTES FROM OCTOBER 9, 2o18 COUNCIL MEETING TOWN CLERK DEBBIE HOPPE) Councilor Burch moved to approve the Consent Agenda. Councilor Phillips seconded the motion and it passed unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent. Council moved to item 4.2. 4.2. NATIONAL NIGHT OUT RECOGNITION POLICE CHIEF GREG DALY) Start time: 22:18 Police Chief Greg Daly delivered a presentation on National Night Out 2018. On behalf of the Avon Police Department, Police Chief Greg Daly recognized the following community members and organizations/businesses for their participation and sponsorship: Alpine Bank Aspens Mobile Home Avon Chiropractic Avon Liquors Blue Moose Pizza Margarite" Maggie" Chavez Calvary Chapel Colorado Meat Co. Carrillo's Castaneda's City Market Columbine Bakery Dispatch DJ Antonio Perez DJ Sergio Jove DJ Manuel Fregoso DJ Eric Escalante Jesus Flores Miguel Avila Gisela Nunez Raul & Alejandra Rivera Domino's Eaglebend Apartments/ Polar Star Star Eagle River Fire District Gondola Green Elephant Page 2 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAYS OCTOBER 23, 2018 AVON TOWN HALL, ONE LAKE STREET Hybrid Nation Jazzy Nails Jeff Schiro Painting Just Cuts Kim Greene/Vail Health Loaded Joe's Lone Star SecuritY15M Nest No Se Hagan Bolas Revolution Yoga Sabor Mazatlan Sauce on the Creek Council moved to item 5.1. 5. ACTION ITEMS Snow Barber Starbucks Sun and Ski Target Ticino Town of Avon Recreation Department Town of Avon Public Works Village Warehouse Walmart Wells Fargo Bank Start time: 32:48 5.1. PUBLIC HEARING, APPEAL OF PLANNING AND ZONING COMMISSION'S DECISION DATED SEPTEMBER 4, 2o18, DENYING PORTIONS OF A MINOR DEVELOPMENT PLAN APPLICATION FOR LOT 111 C, BLOCK 1, WILDRIDGE (TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the public hearing for comments. Hugh Joyce provided a picture to help clarify what is going on with the garage, deck and the roof. Hugh also addressed his concerns with the project. Rob Sperberg, the attorney for the Home Owners Association, discussed the memo he provided to Council. Paul Nowak voiced his concern that the property values will be negatively affected by the structure. Doug Currey mentioned the architect that designed the properties did a review of the proposal and it shows why the project does not all the meet the key design criteria. Dave Scherpf explained his concerns with the structure. Lisa Currey said her house faces the structure and she is concerned about the visual impact. Councilor Burch moved to deny the Malahide LLC Appeal thereby denying the application for a new shed roof structure addition over the deck and adopt the proposed Findings of Fact and Records of Decision. Council Phillips seconded the motion and it passed with a vote of 5 to 1. Councilor Wolf voted no. Councilor Prince read into the record item (f) of the Findings of Fact and Record of Decision: "Any proposal for a gable roof structure over the approved Phase I storage shed and Phase I I deck is a substantially different application and is required to submit a complete application to the Planning and Zoning Commission for Development Plan and Design Review." Mayor Pro Tem Smith Hymes was absent. 5.2. RESOLUTION 18-14, ADOPTING THE TOWN OF AVON 2019 STRATEGIC PLAN (DEPUTY TOWN MANAGER PRESTON NEILL) Start time: 1:51:01 Page 3 Avo n C5 x TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018 AVON TOWN HALL, ONE LAKE STREET Council members provided various modifications to the Town of Avon 2019 Strategic Plan. Councilor Burch moved to approve Resolution 18-14, Adopting the Town of Avon 2019 Strategic Plan, with the discussed changes. Councilor Wolf seconded the motion and it passed with a vote of 5. Councilor Gennett was out of the room. Mayor Pro Tem Smith Hymes was absent. 6. WORK SESSION Start time: 2:o8:05 6.1. BUDGET WORK SESSION FOR THE CAPITAL PROJECTS FUND AND LONG-RANGE CIP (ACTING TOWN MANAGER SCOTT WRIGHT/TOWN ENGINEER JUSTIN HILDRETH) Council members provided various recommendations for the final preparation of the 2019 Budget. 7. WRITTEN REPORTS 7.1. UPDATE ON THE HAHNEWALD BARN PROJECT AND SCHEDULE (TOWN ENGINEER JUSTIN HILDRETH/PLANNING DIRECTOR MATT PIELSTICKER) 7.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS) 7.3. ABSTRACT FROM OCTOBER 16, 2o18 PLANNING AND ZONING COMMISSION MEETING (PLANNING DIRECTOR MATT PIELSTICKER) 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 2:53:40 Councilor Wolf gave an update on the meeting with Freenotes Harmony Park and the initiative to place outdoor musical instruments in the Town core at Nottingham park. Councilor Burch asked if there was information regarding the Open House for the new Town Hall that will take place on November 1311 at 4:00 P.M. Councilor Prince shared news from the Colorado Office of Economic Development that Avon was the only community in our County to receive the Opportunity Zone designation. More information about Opportunity Zones is available at choosecolorado.com/oz. A work session about Opportunity Zones is scheduled for the January 8, 2o18 Council meeting. 9. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING VARIOUS PENDING LEGAL CLAIMS AGAINST THE TOWN UNDER C.R.S. §24-6-402(2)(6) Mayor Fancher made a motion to move into executive session for conference with the town attorney for the purpose of receiving legal advice regarding various pending legal claims against the Town under C.R.S. §24-6-402(2)(b). Councilor Gennett seconded the motion and it passed unanimously by Council members present. Mayor Pro Tem Smith Hymes was absent. The time was 8:12 p.m. Page 4 ,ovo n TOWN OFAVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 23, 2018 AVON TOWN HALL, ONE LAKE STREET Council convened into Executive Session at 8:20 P.M. Executive Session ended at 8:58 p.m. 10. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 8:59 p.m. APPROVED: Jennie Fancher Sarah Smith Hymes Jake Wolf Megan Burch Matt Gennett Scott Prince Amy Phillips RESPECTFULLY SUBMITTED: !1 W Page 5