TC Minutes 06-11-2013VON
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 11, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:05 PM. A roll call was taken and Council members present
were Dave Dantas, Chris Evens, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present
were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Town Clerk Debbie Hoppe, Finance
Director Scott Wright, Senior Planner Matt Pielsticker and Planner II Jared Barnes, Town Engineer Justin
Hildreth, as well as other staff members and the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. EXECUTIVE SESSION
At 5:05 pm Mayor Carroll moved to convene to an Executive Session to discuss the following:
a. For the purpose of receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b)
related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 20o8 CV 0385
and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316
The motion was seconded by Councilor Reynolds and the members met in Executive Session. Mayor Carroll
noted that the discussion would be confined only to the purposes of the executive session as stated above
and that if at any time during the executive session anyone believes that the discussion does not concern the
topic and purpose of the executive session, to please raise your objection immediately. The following
people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor
Chris Evans, Councilor Jennie Fancher, Mayor Pro Tern Todd Goulding, Councilor Buz Reynolds, Councilor
Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Finance Director Scott Wright. Town
Engineer Justin Hildreth, Town Clerk /Asst. Town Manager Patty McKenny. Town Attorney Eric Heil noted
that this executive session was for the purpose of providing legal advice on specific legal questions, and
requested that the Town Clerk cease recording the executive session at this time.
Mayor Carroll noted that the executive session adjourned at 6:10 PM and the meeting was now reconvened
in regular session. He asked if any Town Council member believed that any discussion in executive session
was inappropriate and not related to the topic and purpose of the executive session to please state the
objections at this time; there were no objections.
4. AVON URBAN RENEWAL AUTHORITY (SEE URA MINUTES)
5. AVON LIQUOR AUTHORITY MEETING (SEE LIQUOR AUTHORITY MINUTES)
6. AVON TOWN COUNCIL TO RECONVENE AT 6:00 P.M. OR AS SOON THEREAFTER AS POSSIBLE
7. PUBLIC COMMENT
Lee Rimel & Tess Christensen from Volunteers for Outdoor Colorado addressed the council with regard
to a request for volunteers to help with a new trail construction on the new West Avon Preserve open
space parcel. The community was invited to attend this weekend to construct the trail.
8. ACTION ITEMS
Avon Council Meeting 13.o6m.Minutes
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AV0 N
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 11, 2013
AVON TOWN HALL, ONE LAKE STREET
8.1. Letter of Agreement for a $7,500 Contribution to the Vail Leadership Institute in support of the
Entrepreneurs BaseCamp (Patty McKenny, Assistant Town Manager)
The Letter of Agreement with Vail Leadership Institute was presented as a manner in which the Town
of Avon could support the new educational initiative called the Entrepreneurs Basecamp with seed
funding. Currently the group is proposed to move to the Avon Season's Building. It was noted there
were no budget ramifications since the funding was included in the 2013 budget but through an
investment type structure. After some discussion, Mayor Pro Tern Goulding moved to approve the
Letter of Agreement with the Vail Leadership Institute with funding support of $7,500; Councilor
Reynolds seconded the motion and it passed unanimously.
8.2.Public Hearing on Second Reading of Ordinance 13 -o6, Series of 2013, An Ordinance Approving a
Final PUD Amendment for Brookside Park Lot 1, Brookside Park PUD, Eaglewood Subdivision,
Town of Avon, Eagle County, Colorado (Jared Barnes, Planner II)
There was nothing additional to the Brookside Park PUD application; Rick Pyleman, representing the
applicant Riverview Park Associates, was present to answer questions. Mayor Carroll opened the
public hearing, no comments were made, the hearing was closed. Councilor Evans moved to approve
Ordinance 13 -o6, Series of 2013, An Ordinance Approving a Final PUD Amendment for Brookside Park
Lot 1, Brookside Park PUD, Eaglewood Subdivision, Town of Avon, Eagle County, Colorado. Councilor
Dantas seconded the motion and it passed unanimously.
8.3.Public Hearing on Second Reading of Ordinance 13 -07, Series of 2013, An Ordinance Approving a
Minor PUD Amendment for June Creek Corner on Lot 25, Block 2, Wildridge Subdivision, Town
of Avon, Eagle County, Colorado (Matt Pielsticker, Senior Planner)
There were a couple of conditions included in the Ordinance for the second reading for the June Creek
Corner Minor PUD Amendment submitted by George Plavec, as follows:
1) the building footprints limited to 3,600 gross sq. ft (including garage)
2) building separation will be at least fifteen feet (15') between structures
Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor
Dantas moved to approve Ordinance 13 -07, Series of 2013, An Ordinance Approving a Minor PUD
Amendment for June Creek Corner on Lot 25, Block 2, Wildridge Subdivision, Town of Avon, Eagle
County, Colorado. Councilor Evans seconded the motion and it passed unanimously.
8.4. Public Hearing on Resolution No. 13 -19, A Resolution to amend the 2013 Town of Avon Budget
(Kelly Huitt, Budget Analyst)
There was a review of the supplemental budget amendment with highlights presented on the General
Fund, the Transit Enterprise Fund, the Fleet Maintenance Enterprise Fund, and the Equipment
Replacement Fund. Mayor Carroll opened the public hearing, no comments were made, the hearing
was closed. Councilor Evans moved to approve Resolution No. 13 -19, A Resolution to amend the 2013
Town of Avon Budget; Councilor Fancher seconded the motion and it passed unanimously.
8.5.Action on Fee Waiver for Garden Fencing in Wildridge (Jared Barnes, Planner II)
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 11, 2013
AVON TOWN HALL, ONE LAKE STREET
There was some discussion about how to move forward with this topic and consensus was to create a
short term and long term approach as well as solution. After some discussion, Councilor Evans moved
to keep the approval process in place per the Avon Municipal Code Chapter 7.28 with regard to Avon's
Design Guidelines, but ask that the town waive the fee which is allowed for in Chapter 7-05-loo as a
way to work with the neighbors who just want to erect a fence for gardening purposes. Councilor
Fancher seconded the motion and it passed unanimously. Staff was directed to suggest alternate
approaches to processing this type of request with a future code amendment.
8.6. Approval of Minutes from May 28, 2013
Councilor Evans moved to approve the May 28, 2013 minutes; Mayor Pro Tern Goulding seconded the
motion and it passed unanimously.
9. WORK SESSION
9.1. Discussion about Eaglebend Dowd Affordable Housing Corporation (Kayak Crossing) Proposed
Multifamily Revenue Bond Refinancing (Gerry Flynn, Polar Star Properties)
Councilor Evans stepped down from the Council at this time due to a conflict of interest as his spouse
currently serves as a Board member. Gerry Flynn, Polar Star Property, presented a list of topics to
address with the Town Council as follows:
✓ The current financial situation of the project
✓ The nonprofit structure of EDAHC
✓ The parameters of the refinancing proposal
✓ The formal request to refinance the bonds
✓ EBDAHC would pay for legal review of the refinancing documents ((to be completed by Sherman &
Howard)
There were some questions and discussion around the long term condition of the property, what kinds
of capital items would be completed in the future, the terms of the financing as well as some historical
performance operations information related to leasing, type of units, market needs, and finally
information about the subordinate debt ramifications. It was noted that final documents would be
presented either at the June 25th or July 9th meeting.
9.2. Discussion in regards to filling Town of Avon Board of Director vacancy for the Buffalo Ridge
Affordable Housing Corporation, EagleBend Affordable Housing Corporation and Eaglebend
Dowd Affordable Housing Corporation (Kayak Crossing ) (Patty McKenny, Assistant Town
Manager)
There was some discussion and at this time there was Council consensus to review this matter in
August.
9.3.Council Review and Direction on Recommended 2014 Budget Process and 5 Year Capital
Improvement Program, including Scheduling of Council Retreat(s) (Virginia Egger, Town
Manager)
There was discussion surrounding the proposed 2014 budget schedule and process per the council
packet information. Council provided some input to the schedule and process with general agreement
on the information that was presented. There was consensus to schedule a budget retreat on August
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 11, 2013
AVON TOWN HALL, ONE LAKE STREET
13th and not include a special meeting on September 18th. There was some discussion about getting
community input on town services from both residents & businesses.
10. VILLAGE AT AVON
1o.1. Settlement Update (Eric Heil, Town Attorney)
The memo outlining the settlement update was reviewed and included updates on the status
conferences wth the court, the water tank bids, the snow storage agreement and other documents.
10.2. Resolution No. 13 -18, Series of 2013, A Resolution approving several documents related to The
Village (at Avon) Litigation settlement, including: the Access Easement Agreement; the Wet
Well Easement Agreement; the Raw Water Special Warranty Deed; the Raw Water System
Operations and Maintenance Agreement; the Amended and Restated Nottingham Dam
Easement and Assignment Agreement; the Special Warranty Deed for Tract G, Filing 3; the Bill
of Sale for the Nottingham Gulch Storm Sewer; and the Bill of Sale for the Nottingham Gulch
Energy Dissipater
There was a review and discussion of the numerous documents included with Resolution No. 13 -18.
Councilor Evans moved to approve Resolution No. 13 -18, Series of 2013, A Resolution approving several
documents related to The Village (at Avon) Litigation settlement, including: the
a. Access Easement Agreement as Exhibit A; accepting all language except the utilities wording
which would be revised to include the right to install communication utilities within the
easement area
b. the Wet Well Easement Agreement as Exhibit B
c. the Raw Water Special Warranty Deed as Exhibit C
d. the Raw Water System Operations and Maintenance Agreement as Exhibit D
e. the Amended and Restated Nottingham Dam Easement and Assignment Agreement as Exhibit
E; this agreement was not to be included with this resolution
f. the Special Warranty Deed for Tract G, Filing 3 as Exhibit F
g. the Bill of Sale for the Nottingham Gulch Storm Sewer as Exhibit G
h. the Bill of Sale for the Nottingham Gulch Energy Dissipater as Exhibit H
There was an amendment to the motion that included providing the Mayor authorization to make any
minor changes with the Town Attorney regarding this resolution. Mayor Pro Tern Goulding seconded
the motion as well as the amendment and it passed unanimously.
11. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
Mayor Carroll spoke about the EGE Air Alliance continued effort to raise funding for their program.
12. COUNCIL COMMENTS
Councilor Wolfe spoke about summer kid's music camps he is sponsoring that are held at State
Bridge.
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AvoR
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JUNE 11, 2013
AVON TOWN HALL, ONE LAKE STREET
There being no further business to come before the Council, the regular meeting adjourned at 9:20 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
RESPCTFULLY SUBMITTED:
tJ�' G
Path M Ke wn Clerk
Avon Council Meeting 13.o6.11.Minutes
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