TC Minutes 08-27-2013AVON bo
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 4 PM. A roll call was taken and Council members present were
Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present were
Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager /Town Clerk Patty McKenny,
Finance Director Scott Wright, Senior Planner Matt Pielsticker and Planner II Jared Barnes, Town Engineer
Justin Hildreth, Interim Recreation Director John Curutchet, as well as other staff members and the public.
2. APPROVAL OF AGENDA
Town Attorney Eric Heil requested the addition of language to the executive session as follows:
Meet Pursuant to Colorado Revised Statute §24- 6- 402(4)(e) for the purpose of determining
positions relative to matters that may be subject to negotiations; developing strategy for
negotiations; and instructing negotiators, related to discussions about 3.2) engagement of legal
service for water attorney, 3.3) retaining independent legal counsel attorney for the investigation of
alleged violations of the code of ethics as requested by the public
Michael Cacioppo, resident, inquired as to why Executive Sessions were held in between meetings as
he thought the community would be served better if these were held at the end of the meeting.
3. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Mayor Carroll moved to meet in Executive Session for the purpose of receiving legal advice pursuant to the
following:
3.1. Meet with Town Attorney 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, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon
2010 CV 316
3.2. Meet Pursuant to Colorado Revised Statute §24- 6- 402(4)(e) for the purpose of determining
positions relative to matters that may be subject to negotiations; developing strategy for
negotiations; and instructing negotiators related to discussion about engagement of legal
services for water attorney
3.3. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado
Revised Statute §24- 6- 402(4)(b) and to meet pursuant to Colorado Revised Statute §24-6 -
402(4)(e) for the purpose of determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing negotiators related to
discussion about retaining independent legal counsel for the investigation of alleged violations
of Code of Ethics related to Councilor
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, Town Engineer Justin Hildreth.
The executive session was adjourned at 6 pm and Mayor Carroll noted that the meeting 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
Avon Council Meeting 13.08.27 Minutes Page i
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013
AVON TOWN HALL, ONE LAKE STREET
objections at this time; there were no objections.
4. MAYOR COMMENT
4.1 Update on Investigation in regards to Residency and Claims of Impropriety
Mayor Carroll spoke about the special August 28th meeting that has been called in order to interview
four attorneys which result in the hiring of legal counsel to investigate at the public requests the
violations of the code of ethics. He noted the meeting is slated to begin at 5:30 pm.
5. PUBLIC COMMENT
There were no comments at this time.
6. ACTION ITEMS
6.1. Public Hearing Second Reading of Ordinance No. 13 -11, Series of 2013, Ordinance Establishing a
Temporary Moratorium on the Operation of Marijuana Cultivation, Product Manufacturing and
Testing Facilities, Retail Marijuana Stores and Marijuana Clubs
(Patty McKenny, Assistant Town Manager)
There was additional information presented on Amendment 64 for consideration of the Ordinance on
second reading. Mayor Carroll opened the public hearing with the following public input:
1. Jaime Ariana, resident of Avon, does not support moratorium for either licensing and noted that he
should be able to access this kind of business in Avon, he cited numerous reasons in support of
licensing this type of business
2. Robert Takata, Eagle Vail resident, presented information in support of licensing these businesses
3. Michelle Stecker, Eagle River Youth Coalition and Avon resident, expressed several concerns about
Amendment 64 and licensing these business
4. Dakota Carlson, spoke about the positive medical marijuana impacts expressing her support of
licensing in this regard.
Mayor Carroll closed the public hearing. Council comments were heard at this time and included some
of the following highlights:
✓ Education for kids will be important either way
✓ The town should move forward more quickly with establishing regulations and licensing
✓ Try to create a win -win situation for the town and the residents who supported the measure
✓ Take more time to study the topic, understand the facts and information about all aspects of
Amendment 64
✓ Consider asking the public through a vote if there is interest in licensing these establishments
Councilor Dantas moved to approve Ordinance No. 13 -11, Series of 2013, Ordinance Establishing a
Temporary Moratorium on the Operation of Marijuana Cultivation, Product Manufacturing and Testing
Facilities, Retail Marijuana Stores and Marijuana Club, with an end date of June 1, 2013. Councilor Reynolds
seconded the motion and it passed with a six to one vote (Councilor Wolf — nay). It was noted that town
legislation should be reviewed no later than May 2014.
6.2. Review and Possible Action on an Unlimited Tax General Obligation Voter Question for the
Avon Council Meeting 13.08.27 Minutes Page 2
AVON
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013
AVON TOWN HALL, ONE LAKE STREET
November 5, 2013 Ballot for Recreation Center Phase z Expansion and Recreational Amenities
(Estimated to begin at 6:30 PM)
6.2.1. Review of Facility and Improvements, including Program, Estimated Revenues and
Expenditures (Virginia Egger, Town Manager)
Councilor Evans raised the conflict of interest topic in light of his role on council and as a contractor.
Therefore, he asked whether or not he should step down from the conversation and asked for a council
decision about this question and this topic. There was a comment about the fact that there is a bidding
process for public sector projects. After some discussion Mayor Carroll moved to determine that there
would not be a conflict of interest if Councilor Evans participated in the conversation and vote of 6.2
Review and Possible Action on an Unlimited Tax General Obligation Voter Question for the November
5, 2013 Ballot for Recreation Center Phase 2 Expansion and Recreational Amenities. Councilor Wolf
seconded the motion and it passed unanimously by those voting (Mayor Pro Tern Goulding and
Councilor Evans abstained). Town Manager Virginia Egger presented another review of some updates
on the topic with revised estimates for both construction and programming an expanded facility. She
summarized the results from the recent survey conducted at the Recreation Center as overall support
for the proposal.
6.2.2. Resolution No. 13 -24, Series for 2013, A Resolution of the Town Of Avon Authorizing a
Tabor Election on November 5, 2013, Fixing the Ballot Title and Question, and Setting Forth
Other Details Relating Thereto (Scott Wright, Finance Director)
Scott Wright, Finance Director, noted that the ballot question per TABOR requirements has to ask the
question in the manner it was written in terms of continuing the tax, so the question was drafted
accordingly. He noted that the grid in the council packet memo shows 3 different terms for financing,
20 -25 -30 years. The language in the ballot proposal shows a financing up to the $12M; the debt issued
could be less than that and is determined once some of the plans are formalized. If the question is
approved, there would be a process to get input as to what the community would like, interaction on
the design and funding of the items. There was a brief presentation given by Frank Rowe, RP
Publishing, Inc. about possible campaign strategies. This effort would be done outside of town staff
and time. There were some suggestions to include in the language making "park improvements"
throughout town; staff noted the question could be changed to reflect that language. Mayor Pro Tern
Goulding moved to approve Resolution No. 13 -24, Series for 2013, A Resolution of the Town Of Avon
Authorizing a Tabor Election on November 5, 2013, Fixing the Ballot Title and Question, and Setting Forth
Other Details Relating Thereto. Councilor Evans seconded the motion and it passed with a six to one vote
(Councilor Wolf —nay).
6.3. Action on Letter of Engagement with Sherman & Howard Attorney Calvin Hansen for the
EagleBend Refinancing (Gerry Flynn, Executive Director EagleBend Housing Corporation)
Councilor Evans stepped down at this time due to a conflict of interest. Town Attorney Eric Heil noted
a change to the letter in the section of "conflicts of interest" with a recommendation to remove the
last sentence. Mayor Pro Tern Carroll moved to approve the Letter of Engagement with Sherman &
Howard Attorney Calvin Hansen for the EagleBend Refinancing with change suggested by Town
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kohmaNdo
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013
AVON TOWN HALL, ONE LAKE STREET
Attorney. Mayor Pro Tern Goulding seconded the motion and it passed unanimously by those voting
(Councilor Evans abstained due to conflict of interest).
6.4. Action on Request from the Vail Leadership BaseCamp for 1" Annual Corporate Leadership
Conference to be held in Avon /Beaver Creek in October (Ross Iverson, General Manager
Entrepreneurs BaseCamp)
Ross Iverson, Vail Leadership Institute, presented a request for sponsoring a Vail Leadership Institute
event on October 17 & 18 that promotes entrepreneurship within the community. There was a review
of the event in detail with overall support from council members in light of their strategic plan. It was
agreed to use the currently budgeted $75oo as support for this event since the Institute has not yet
committed to any office space in Avon. Councilor Evans moved to approve the funding of the $7500
for sponsorship for the Vail Leadership BaseCamp for 1St Annual Corporate Leadership Conference to be
held in Avon /Beaver Creek in October. Councilor Fancher seconded the motion and it passed
unanimously.
6.5. Action on Intergovernmental Agreement with Eagle County for the Lease of Spaces in the 1 -70
Regional Transportation and Operations Facility (Jane Burden, Transportation Superintendent)
There were some final edits reviewed by the Town Attorney related to section 5, 6 and 11 (5. Budgeting
& Appropriation, 6. Variable Use Charges, 11. Termination). It was noted that there continues to be
discussion about leasing space to both ERFPD & ERWSD. There was support of the IGA in general and
working cooperatively with ECO on transit services. Councilor Reynolds moved to approve the revised
Intergovernmental Agreement with Eagle County for the Lease of Spaces in the I -7o Regional
Transportation and Operations Facility dated August 27, 2013 with revisions to Sections 5, 6, 9a, and 11
per the redline version presented. Councilor Wolf seconded the motion and it passed unanimously.
6.6. Public Hearing on Second Reading for Ordinance No. 13 -10, Series of 2013, Ordinance authorizing
the execution and Delivery of a State & Municipal Lease /Purchase Agreement dated August 27, 2013
between the Town of Avon and Commerce Bank to purchase a loader, forklift and sander pursuant
to the Exhibit A of such Agreement (Scott Wright, Finance Director)
It was noted there were no changes from first reading on this Ordinance. Mayor Carroll opened the
public hearing, there were no comments, and the hearing was closed. Councilor Dantas moved to
approve Ordinance No. 13 -10, Series of 2013, Ordinance authorizing the execution and Delivery of a State &
Municipal Lease /Purchase Agreement dated August 27, 2013 between the Town of Avon and Commerce
Bank to purchase a loader, forklift and sander pursuant to the Exhibit A of such Agreement. Mayor Pro Tern
Goulding seconded the motion and it passed unanimously.
6-7-VILLAGE AT AVON
6.7.1. Settlement Update (Eric Heil)
6.7.2. Remaining actions, if any, including but not limited to Bond Approval & Access Road
Eric Heil refered to his council packet memo and noted the last remaining issues as the bond issuance
and the construction of the water storage tank. There was a brief listing of the remaining docuemnts
for approval as well.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013
AVON TOWN HALL, ONE LAKE STREET
7. WORK SESSION
7.1. Establishment of September 10, October 8, 22 and 29 for Budget Work Sessions; and Public
(Hearing on November 261H (Virginia Egger, Town Manager)
There was a review of the 2014 budget schedule. After some discussion it was decided not to hold a
special meeting on October 29tH There was some discussion about the revised format of the budget
presentations.
7.2. Update on Bus Service to Buffalo Ridge Apartments
(Jane Burden, Transportation Superintendent)
There was a review of the newly proposed transit service to the Buffalo Ridge Apartments, with the
goal of providing service during morning and afternoon times per the exhibit provided in the council
packet. The Town Council was extremely supportive of this for its residents, and thanked those parties
who helped make it happen, including Jane Burden and Reggie O'Brian from the Apartment complex.
8. MINUTES FROM AUGUST 7, 2013 SPECIAL MEETING
Councilor Reynolds moved to approve the minutes; Councilor Evans seconded the motion and it passed
unanimously.
9. FINANCIAL REPORT FOR AUGUST 2013
10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
Two committee updates were presented, a Channel 5 board meeting update and a social media
regional collaboration meeting update.
11. COUNCIL COMMENTS
There were some further comments about the URA refinancing and mall improvements as well as
implementation of Amendment 64.
12. EXECUTIVE SESSION
Mayor Carroll moved to meet in Executive Session at 9:50 pm for the purpose of receiving legal advice
pursuant to the following:
12.1. Meet with Town Attorney 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, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon
2010 CV 316
12.2. Meet Pursuant to Colorado Revised Statute §24- 6- 402(4)(e) for the purpose of determining
positions relative to matters that may be subject to negotiations; developing strategy for
'negotiations; and instructing negotiators related to discussion about engagement of legal
services for water counsel
12.3. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado
Revised Statute §24- 6- 402(4)(b) and pursuant to Colorado Revised Statute §24- 6- 402(4)(e) for
the purpose of determining positions relative to matters that may be subject to negotiations;
developing strategy for negotiations; and instructing negotiators related to discussion about
retaining independent legal counsel for the investigation of alleged violations of Code of Ethics
Avon Council Meeting 13.08.27 Minutes Page 5
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013
AVON TOWN HALL, ONE LAKE STREET
Mayor Pro Tern Goulding seconded the motion and it passed unanimously. Mayor Pro Tern Goulding and
Councilor Evans left the room at 10 :10 pm prior to the discussion of item 12.3.
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.
The executive session was adjourned at 10:30 pm and Mayor Carroll noted that the Council did not
discuss the personnel matter at the executive session and that the meeting 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.
There being no further business to come before the Council, the regular meeting adjourned at 10:30 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
Avon Council Meeting 13.o8.27 Minutes Page 6