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TC Minutes 07-09-2019AVON REGULAR MEETING MINUTES TUESDAY, JULY 9, 2019 Avon AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620'COLORADO 1. CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 5:01 p.m. A roll call was taken, and Council members present were Amy Phillips, Jennie Fancher, Tamra Underwood, and Scott Prince. Councilors Chico Thuon and Jake Wolf were absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Deputy Police Chief Coby Cosper, Town Engineer Justin Hildreth, Finance Director Scott Wright, Deputy Town Manager Preston Neill and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA (MAYOR SMITH HYMES) Councilor Underwood moved to approve the agenda as presented. Councilor Fancher seconded the motion and the motion passed unanimously by Council members present. Councilor Wolf and Councilor Thuon were absent. 3. PUBLIC COMMENT Michael Cacioppo requested the addition of an agenda item for a discussion about constructing a convention center in Avon. Mayor Smith Hymes replied that his request would be taken under consideration. Rocky Mountain 4H Club representatives invited Council to their upcoming Auction and Barbeque on July 27th. Councilor Thuon arrived at 5:04 p.m. 4. BUSINESS ITEMS 4.1. RESOLUTION NO. 19-13 APPOINTING PAUL WISOR AS THE TOWN ATTORNEY AND APPROVING THE AGREEMENT FOR LEGAL SERVICES WITH GARFIELD & HECHT, P.C. (TOWN MANAGER ERIC HEIL) Councilor Prince moved to approve Resolution 19-13 Appointing Paul Wisor as the Town Attorney and Approving the Agreement for Legal Services with Garfield & Hecht, P.C. Councilor Underwood seconded the motion and the motion passed unanimously by Council members present. Councilor Wolf was absent. 4.2. FIRST READING OF ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION (TOWN MANAGER ERIC HEIL) Michael Cacioppo commented on this item. Councilor Underwood moved to continue consideration of first reading of Ordinance 19-05 to the August 13th Council meeting. Councilor Fancher seconded the motion and the motion passed unanimously by Council members present. Councilor Wolf was absent. Various direction was provided to staff to update the ordinance for the August 13th Council meeting. 4.3. INITIATE ZONING AMENDMENT FOR LOT 16, BENCHMARK SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Councilor Prince moved to initiate the Rezoning of Lot 16, Block 2, Benchmark at Beaver Creek Subdivision, from Residential High Density (RHD) to either the Park (P) zone district or Public Facilities (PF) zone district or any other type of zoning district the Planning and Zoning Commission recommends to Council. Councilor Thuon seconded the motion and the motion carried on a vote of 4 to 2. Mayor Pro Tem Phillips and Councilor Underwood voted no. Councilor Page 1 AVON REGULAR MEETING MINUTES TUESDAY, JULY 9, 2019 Avon AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 COLORADO Wolf was absent. 4.4. RESOLUTION 19-15 APPROVING AD HOC CITIZEN FINANCE COMMITTEE (TOWN MANAGER ERIC HEIL) Councilor Wolf arrived at 6:42 p.m. Councilor Fancher moved to approve Resolution 19-15 Approving An Ad Hoc Finance Committee. Councilor Underwood seconded the motion. Several suggestions were made by Council to amend the resolution. Councilor Fancher canceled her original motion and Councilor Underwood canceled her second to the original motion. Councilor Underwood moved to approve Resolution 19-15 Approving An Ad Hoc Finance Committee, with several amendments that she listed in full detail. Councilor Wolf seconded the motion and the motion passed unanimously. 4.5. RESOLUTION 19-16 APPROVING AD HOC CITIZEN COMMITTEE FOR HEALTH, RECREATION PROGRAMMING AND RECREATION CENTER DESIGN (TOWN MANAGER ERIC HEIL) Councilor Underwood and Mayor Pro Tem Phillips provided suggested several edits to the Resolution. Councilor Prince moved to approve Resolution 19-16 Approving an Ad Hoc Health and Recreation Committee, with the edits provided by members of Council. Councilor Wolf seconded the motion and the motion passed unanimously. 4.6. AUTHORIZATION FOR NOTICE OF AWARD FOR BENCHMARK ROAD PARKING PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Councilor Wolf moved to authorize Staff to issue a Notice of Award for construction of the West Benchmark Road on Street Parking and Water Quality Vault Project if the lowest qualified bidder is within the construction budget of $581,000 as discussed at the April 30, 2019 Town Council meeting. Mayor Pro Tem Phillips seconded the motion. Mayor Smith Hymes explained why she would be voting no as she questioned the need for additional parking. The motion passed on a vote of 6 to 1. Mayor Smith Hymes voted no. 4.7. WORK SESSION: REVIEW AND DISCUSSION OF TOWN CODE OF ETHICS (TOWN ATTORNEY PAUL WISOR) Various direction was provided to staff. Consensus among Council members was to not pursue any amendments to the current Code of Ethics. 4.8. WORK SESSION: REVIEW AND DISCUSSION OF SHORT-TERM RENTAL TAX (TOWN ATTORNEY PAUL WISOR) Councilor Wolf disclosed why he may have a conflict of interest on this item. Councilor Prince moved to waive Councilor Wolf's conflict of interest. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor Wolf did not vote. Councilor Underwood disclosed a potential conflict of interest. Mayor Pro Tem Phillips moved to waive Councilor Underwood's conflict of interest. Councilor Prince seconded the motion and the motion passed on a vote of 6 to 0. Councilor Underwood did not vote. Councilor Fancher disclosed a potential conflict of interest. Councilor Underwood moved to waive Councilor Fancher's conflict of interest. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor Fancher did not vote. Ruthie Stanley commented on this item. While there was interest by the Page 2 AVON REGULAR MEETING MINUTES TUESDAY, JULY 9, 2019 .4von n AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 COLORADO majority of Council in further exploring draft ballot language to be submitted to voters for the adoption of a short-term rental tax, Council gave direction to hold off until 2020. 4.9. APPROVAL OF LETTER TO SENATOR KERRY DONOVAN REQUESTING FUNDS FOR COLORADO WATER PLAN (TOWN MANAGER ERIC HEIL) Councilor Fancher moved to approve sending a letter to Senator Donovan requesting her support for sustainable funding of the Colorado Water Plan. Councilor Thuon seconded the motion and the motion passed unanimously. 4.10. APPROVAL OF SIGNING AMICUS BRIEF WITH COLORADO MUNICIPAL LEAGUE CONCERNING INDEPENDENT ETHICS COMMISSION AND HOME RULE AUTHORITY (TOWN ATTORNEY PAUL WISOR) Councilor Underwood moved to direct staff to sign the Town on to the amicus brief to be filed by CML in Jones v. Dunafon. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 4.11. APPROVAL OF MINUTES FROM JUNE 25, 2019 COUNCIL RETREAT (DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Fancher moved to approve the minutes from the June 25, 2019 Council Retreat. Councilor Underwood seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Thuon abstained from the vote. After some discussion, Councilor Prince made a motion to approve the minutes with an edit to who was present at the Retreat. Councilor Underwood seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no and Councilor Thuon abstained from the vote. 4.12. APPROVAL OF MINUTES FROM JUNE 25, 2019 REGULAR COUNCIL MEETING (DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Prince provided an edit to the minutes. Councilor Prince moved to approve the minutes from the June 25, 2019 Regular Meeting with the edit he described. Councilor Underwood seconded the motion and the motion carried on a vote of 6 to 1. Councilor Wolf voted no. Councilor Underwood moved to waive Mayor Pro Tem Phillips' conflict of interest with regard to item 4.5 on the June 25, 2019 Regular meeting agenda: Public Hearing: Resolution 19-14, Final Plat for Lot 5, Riverfront Subdivision. Mayor Smith Hymes seconded the motion and the motion passed on a vote of 3 to 0. Mayor Smith Hymes, Councilor Underwood and Councilor Wolf voted yes. Mayor Pro Tem Phillips, Councilor Thuon, Councilor Prince and Councilor Fancher abstained from the vote. 5. WRITTEN REPORTS 5.1. ABSTRACT FROM JULY 2, 2019 PLANNING AND ZONING COMMISSION MEETING (PLANNING DIRECTOR MATT PIELSTICKER) 5.2. GIFT REPORTING - PURINA PRO PLAN INCREDIBLE DOG CHALLENGE VIP TICKETS, VAIL VALLEY BREW FEST TICKETS AND BEAVER CREEK RODEO SERIES VIP TICKETS (DEPUTY TOWN MANAGER PRESTON NEILL) Page 3 AVON REGULAR MEETING MINUTES Avon TUESDAY, JULY 9, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620 COLORADO 5.3. UPPER EAGLE REGIONAL WATER AUTHORITY JUNE 27, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 6. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Councilor Fancher commented on Habitat for Humanity Vail Valley, as well as the 2020 Census. Mayor Pro Tem Phillips announced that David Reid was recently named the new Director of Aviation at the Eagle County Regional Airport. Councilor Thuon and Councilor Underwood both made remarks about the success of the Salute to the USA event on July 3rd. They also thanked Town staff for their efforts in putting on the event. Councilor Wolf commented on the Salute to the USA event. Councilor Wolf and Councilor Thuon offered condolences to the family of Tayler Esslinger, Eagle County Deputy, who passed away in late June. Councilor Wolf brought up 5G and the effects it will have on our community. 7. ADJOURNMENT There being no further business before Council, Mayor Smith Hymes adjourned the Regular meeting. The time was 9:29 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.highfivemedio.org. RESPECTFULLY SUBMITTED: Bred Torres, Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra N. Underwood Page 4