TC Minutes 09-24-2019AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 4:00 p.m. A roll call was taken, and Council members
present were Jennie Fancher, Scott Prince, and Tamra Underwood. Council members Jake Wolf, Amy
Phillips, and Chico Thuon were absent. Also present were Town Manager Eric Heil, Town Attorney Paul
Wisor, Police Chief Greg Daly, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Deputy
Town Manager Preston Neill and Town Clerk Brenda Torres.
2. STUDY SESSION: REVIEW OF CIP PLAN AND EXISTING TOWN PLANS
Start time: 00:00:20 Part One
A review on current and proposed town improvement plans was presented by Town Manager Eric Heil.
Mayor Pro Tem Phillips arrived at 4:49 p.m.
Councilor Wolf arrived at 4:57 p.m.
3. APPROVAL OF AGENDA
Start time: 00:50:09 Part One
Mayor Smith Hymes requested the addition of a discussion on the Colorado Classic and whether Council has
interest in serving as a host city next year. Council agreed to add the item as Business Item 6.8. Mayor Smith
Hymes asked for the presentation item by Eagle County Paramedic Services to be removed from the agenda.
Council discussed discussing the Project THOR Written Report at an upcoming Council meeting. Councilor
Underwood moved to amend and approve the agenda as noted. Councilor Fancher seconded the motion
and the motion passed on a vote of 5 to 0. Councilor Wolf was out of the room. Councilor Thuon was absent.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
No conflicts of interest related to the agenda were disclosed.
PUBLIC COMMENT
No public comments were made.
6. BUSINESS ITEMS
6.1. PRESENTATION: EAGLE COUNTY PARAMEDIC SERVICES AND THE GALLAGHER AMENDMENT
(CHRIS MONTERA, EAGLE COUNTY PARAMEDIC SERVICES)
This presentation did not take place.
6.2. PUBLIC HEARING: SECOND READING ORDINANCE 19-06 ADDING COMMUNITY HOUSING ASA USE BY RIGHT TO THE
LIGHT INDUSTRIAL AND COMMERCIAL EMPLOYMENT (IC) ZONE DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 00:53:58 Part One
Mayor Smith Hymes opened the public hearing and no comments were made. With the amendment to
clarify the max density residential explanation of 4 ADU's per acre but not less than 4 ADU's per lot at the
discretion of the owner, Councilor Underwood moved to approve Second Reading of Ordinance 19-06,
thereby amending Sections 7.08, 7.20.080, and Table 7.20-13 of the Avon Municipal Code to permit
Community Housing as a use by right in the Light Industrial and Commercial Employment Zone District.
Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by Council members
present. Councilor Thuon was absent.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019 avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
6.3. PUBLIC HEARING: FIRST READING ORDINANCE 19-08 APPROVING A REZONING OF LOT 16, BLOCK 2, BENCHMARK AT
BEAVER CREEK SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 01:11:34 Part One
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Fancher moved
to reject the first reading of Ordinance 19-08, thereby maintaining the zoning of Lot 16 Block 2 Benchmark
at Beaver Creek as Residential High Density based on nonconformance with Code Section 7.16.050(c),
Review Criteria, specifically numbers (1), (5), (8), and (11); and nonconformance with the stated purposes
of the Development Code, specifically (e), (g), and (m). Mayor Pro Tem Phillips seconded motion and the
motion failed on a split vote of 3 to 3. Councilor Thuon was absent. Councilor Prince, Mayor Smith Hymes
and Councilor Wolf voted no. Councilor Prince moved to continue the Public Hearing and First Reading
of Ordinance 19-08 to the October 10, 2019 Council meeting. Councilor Wolf seconded the motion and
the motion passed on a vote of 4-2. Mayor Pro Tem Phillips and Councilor Underwood voted no. Councilor
Thuon was absent.
6.4. WORK SESSION: PARK RULE ENFORCEMENT, DOGS AT SPECIAL EVENTS, SPECIAL EVENT SECURITY (POLICE CHIEF GREG
DALY, RECREATION DIRECTOR JOHN CURUTCHET, EVENTS MANAGER DANITA DEMPSEY)
Star time: 00:00:03 Part Two
Various direction was given on the enforcement of park rules. The event -related discussions on event
security and dogs at special events were continued to a time when CASE Manager Danita Dempsey is
available to attend the meeting.
Councilor Chico Thuon arrived at 6:25 p.m.
6.5. WORK SESSION: PLASTIC REGULATIONS (DEPUTY TOWN MANAGER PRESTON NEILL)
Start time: 00:59:47 Part Two
Kim Schlaepfer with the Climate Action Collaborative and Melissa Kirr with the Walking Mountains
Science Center gave a presentation about Environmental Impacts of Plastics and Polystyrene in Waste
Streams.
Councilor Wolf moved to 1) Direct staff to implement rules banning plastic and polystyrene -based
products for purchase and use on Town property, 2) Draft an ordinance, conditioned on the removal of
the local government preemption in C.R.S. 25-17-104, that would ban the use of polystyrene in the Town
of Avon, and 3) Initiate the process of contacting state legislators and other community leaders to
encourage the removal of the local government preemption in C.R.S. 25-17-104 and to encourage efforts
to reduce the use of plastic and polystyrene -based products. Councilor Fancher seconded the motion and
the motion passed unanimously.
6.6. FIRST READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS
(DEPUTYTOWN MANAGER PRESTON NEILL)
Start time: 02:06:19 Part Two
Mayor Smith Hymes invited the public to comment and no comments were made. Councilor Underwood
moved to approve, with the correction of the typo noted, First Reading of Ordinance 19-07, Enacting
Chapter 1.14 of Title 1 of the Avon Municipal Code Pertaining to Campaign Finance. Mayor Pro Tem
Phillips seconded the motion and the motion passed on a vote of 5 to 2. Councilor Wolf and Councilor
Thuon voted no.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019 Avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
6.7. APPROVAL OF MINUTES FROM SEPTEMBER 10, 2019 REGULAR COUNCIL MEETING
(TOWN CLERK BRENDA TORRES)
Start time: 02:35:07 Part Two
Councilor Fancher moved to approve the minutes from the September 10, 2019 Regular Council meeting.
Mayor Pro Tem Phillips seconded the motion and the motion carried on a vote of 6 to 1. Councilor Wolf
voted no.
6.8. MEETING ADDED ITEM: 2020 COLORADO CLASSIC DISCUSSION
Start time: 02:35:26 Part Two
Eric Heil said the organizers of the Colorado Classic bike race recently announced that they are planning
to do the event next year. The organizers asked Eric to gauge Council interest in Avon serving as a host
city for next year's race. Consensus among Council was to support the race coming back to Avon next
year.
7. WRITTEN REPORTS
7.1. PROJECT THOR UPDATE (IT MANAGER ROBERT MCKENNER)
7.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
7.3. ABSTRACT FROM SEPTEMBER 17, 2019 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 02:47:49 Part Two
Councilor Underwood gave a reminder about the next Council meeting being held on Thursday, October
10th.
Councilor Fancher thanked staff for their efforts to put on the recent Community Picnic. She also gauged
Council interest in pursuing a ban on flavored vape cartridges. The majority of Council did not favor
pursuing a ban at this time.
Councilor Wolf read a quote from lyricist Robert Hunter who recently passed away.
Mayor Smith Hymes reported on the Mountain Pact and her recent trip to Washington DC to lobby for
the Land and Water Conservation Fund.
9. EXECUTIVE SESSION
Start time: 02:52:52 Part Two
9.1. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTER THAT MAY BE SUBJECT TO
NEGOTIATIONS RELATED TO GRANTING OF ECONOMIC DEVELOPMENT INCENTIVES PURSUANT TO C.R.S. SECTION 24-
6-402(4)(E)
9.2. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS RELATED TO THE
WILDRIDGE PROTECTIVE COVENANTS PURSUANT TO C.R.S. SECTION 24-6-402(4)(6)
Executive Session began at 8:49 p.m. and ended at 9:29 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 24, 2019 !111L
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
10. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:30 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:
&W"62,717-11 otWA
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood