TC Minutes 03-12-2019Avo n
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken, and Council members
present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon and Tamra N. Underwood. Councilor
Wolf arrived at 5:02 p.m. Also present were Acting Town Manager Preston Neill, Town Attorney Eric Heil,
Police Chief Greg Daly, Finance Director Scott Wright, Planning Director Matt Pielsticker, Recreation Director
John Curutchet, Mobility Director Eva Wilson, Town Engineer Justin Hildreth and Acting Town Clerk Brenda
Torres.
2. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON
THE VILLAGE (AT AVON) DEVELOPMENT AGREEMENT AND 2012 SETTLEMENT UNDER CRS §24-6-402(2)(6)
Mayor Smith Hymes moved to convene into Executive Session for a conference with the town attorney
for the purpose of receiving legal advice on the Village (at Avon) Development Agreement and 2012
Settlement under C.R.S. §24-6-402(2)(b). Councilor Underwood seconded the motion and the motion
passed on a vote of 4 to 0. Councilor Prince arrived at 4:12 p.m. Councilor Fancher and Councilor Wolf
were absent. The time was 4:01 p.m. Executive Session ended at 4:43 p.m.
3. APPROVAL OF AGENDA
Councilor Underwood asked to discuss the February 26th Regular meeting minutes (item 6.5.1.) and the
February 271h Special meeting minutes (item 6.5.3.).
4. PUBLIC COMMENT— COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
No public comments were made.
S. PRESENTATIONS
5.1. RIVER HEALTH AND WATER QUALITY MONITORING UPDATE
(SETH MASON, LOTIC HYDROLOGICAL, AND DAVE REES, TIMBERLINE AQUATICS
Seth Mason of Lotic Hydrological and Dave Rees of Timberline Aquatics gave an update to Council
on county -wide water quality data collection and analysis efforts with a focus on macro -
invertebrate health in Gore Creek and the Eagle River. Direction was provided to staff to hold a
work session at one of the April Council meetings to discuss what is currently being done to help
restore water quality in the Eagle River and to potentially lay out a series of actions that will help
to restore water quality and ensure that it is never again cited on the list of impaired waterways.
5.2. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY ADVISORY COMMITTEE UPDATE
(DOUG JIMENEZ AND KIM BELL WILLIAMS)
Doug Jimenez and Kim Bell Williams gave an update to Council about housing in Eagle County and
the work of the Eagle County Housing & Development Authority Advisory Committee. A discussion
took place about the Down Payment Assistance Program and how it is projected that those funds
will run out at some point in 2019. Kim Bell Williams announced that in the coming months, she
will make a formal request to all communities throughout Eagle County to make a contribution to
the Down Payment Assistance Program in order to keep in going.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
5.3. BROADBAND PRESENTATION (ED BARRETT, HR GREEN, INC.)
Ed Barrett with HR Green Inc. gave a presentation regarding broadband and options for studying
community-based broadband. Council provided direction to staff to schedule a work session at
one of the April Council meetings to further discuss broadband and narrow in on a direction on
how to proceed with a vision and strategy for broadband.
6. ACTION ITEMS
6.1. FIRST READING ORDINANCE 19-03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY HOUSING
REQUIREMENTS AND DEVELOPMENT BONUS (PLANNING DIRECTOR MATT PIELSTICKER)
Ruth Borne, speaking on behalf of Points of Colorado, Inc., commented on this item. Councilor
Underwood made a motion to continue action items 6.1 and 6.3 (Ordinance 19-03 and Ordinance
19-01) to the April 9th Council meeting. Mayor Pro Tem Phillips seconded the motion and the
motion passed unanimously.
6.2. PUBLIC HEARING SECOND READING ORDINANCE 19-02 AMENDING CHAPTER 3.08 SALES TAX AND ENACTING
CHAPTER 3.10 CIGARETTE EXCISE TAX (TOWN ATTORNEY ERIC HEIL)
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Prince
moved to approve second and final reading Ordinance 19-02 Amending Chapter 3.08 Sales Tax
and Enacting Chapter 3.10 Cigarette Excise Tax. Councilor Fancher seconded the motion and the
motion passed unanimously.
6.3. FIRST READING ORDINANCE 19-01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE WAIVERS AND TAX
EXEMPTIONS FOR AFFORDABLE HOUSING PROJECTS (TOWN ATTORNEY ERIC HEIL)
6.4. REVIEW AND ACTION ON PROPOSED UPDATE TO CC4CA POLICY AGENDA
(ACTING TOWN MANAGER PRESTON NEILL)
Councilor Underwood moved to support the proposed update to the "solid waste reduction" section of
the CC4CA Policy Agenda 2018-2019. Mayor Pro Tem Phillips seconded the motion and the motion
passed unanimously.
6.5. CONSENT AGENDA
6.5.1. APPROVAL OF MINUTES FROM FEBRUARY 26, 2019 REGULAR COUNCIL MEETING (ACTING TOWN CLERK BRENDA
TORRES)
Councilor Underwood provided various edits to the minutes. Councilor Underwood made a
motion to approve the minutes from the February 26, 2019 Regular Council meeting, with the
changes provided. Councilor Fancher seconded the motion and the motion passed on a vote of 6
to 1. Councilor Wolf voted no.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
6.5.2. APPROVAL OF MINUTES FROM FEBRUARY 26, 2019 SPECIAL COUNCIL MEETING (ACTING TOWN MANAGER
PRESTON NEILL)
Councilor Underwood made a motion to approve the only remaining item on the Consent
Agenda (item 6.5.2). Councilor Fancher seconded the motion and the motion passed on a
vote of 5 to 1. Councilor Wolf voted no and Council Thuon abstained from the vote. Both
Councilor Wolf and Councilor Thuon were absent from the February 26th Special Council
meeting.
6.5.3. APPROVAL OF MINUTES FROM FEBRUARY 27, 2019 SPECIAL COUNCIL MEETING (ACTING TOWN MANAGER
PRESTON NEILL)
Councilor Underwood provided an edit to the minutes. Councilor Underwood made a
motion to approve the minutes from the February 27, 2019 Special Council meeting, with
the change provided. Mayor Pro Tem Phillips seconded the motion and the motion passed
on a vote of 5 to 0. Councilor Thuon and Council Wolf abstained from the vote because
they were absent from the February 27th Special Council meeting.
7. WRITTEN REPORTS
7.1. POLAR PLUNGE EVENT UPDATE (POLICE CHIEF GREG DALY)
7.2. REAL ESTATE TRANSFER TAX ANALYSIS (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)
7.3. UPPER EAGLE REGIONAL WATER AUTHORITY FEBRUARY 28, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Councilor Fancher asked staff a question about the Town's Opportunity Zone designation and what
progress staff has made with regard to Opportunity Zone opportunities. Councilor Fancher also asked
staff to explore the option of providing a compost bin at the Avon Recycling Center. Preston Neill
explained that the Town recently partnered with Vail Honeywagon for placement of a compost drop -
site dumpster at the Avon Recycling Center. He explained that residents who are interested in
participating in the compost program must sign up through Vail Honeywagon for a drop -site
membership. Councilor Thuon emphasized the importance for members of our community to recycle.
9. EXECUTIVE SESSION 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) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER
C.R.S. §24-6-402(2)(6) CONCERNING A SPECIAL EVENT
Mayor Smith Hymes moved to convene into Executive Session 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) and for a conference with the town attorney for
the purpose of receiving legal advice under C.R.S §24-6-402(2)(B) concerning a special event. Councilor
Underwood seconded the motion and the motion carried on a vote of 6 to 0. Mayor Pro Tem Phillips
was out of the room. Executive Session began at 8:59 p.m. Executive Session ended at 9:47 p.m.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, MARCH 12, 2019
AVON TOWN HALL, 100 MIKAELA WAY
10. ADJOURNMENT
There being no further business to come before Council, the Regular meeting adjourned at 9:49 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.highfivemedic.org.
APPROVED:
Sarah Smith Hymes
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra N. Underwood
RESPECTFULLY SUBMITTED:
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Brenda Torres, Acting Town Clerk
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