TC Minutes 09-10-2013VO N
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 4:05 PM. A roll call was taken and Council members present
were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, and Jake Wolf. Buz Reynolds arrived at 4:10
pm. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Scott Wright, Finance Director
and Assistant Town Manager /Town Clerk Patty McKenny.
2. APPROVAL OF AGENDA
It was suggested to convene to the Urban Renewal Authority meeting earlier in order accommodate
some schedules.
3. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Councilor Fancher moved to meet in Executive Session at 4:10 pm 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) 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
Councilor Wolfe seconded the motion and it passed unanimously by those present.
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 Evans, Councilor Jennie Fancher, Mayor Pro Tern Goulding, Councilor Buz Reynolds, Councilor Jake
Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager /Town Clerk Patty
McKenny.
The executive session was adjourned at 5:20 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 objections at this time; there were no objections.
4. PUBLIC COMMENT
There were no comments at this time.
5. WORK SESSION [EXPECTED TO BEGIN AT 5:15 P.M-1
5.1. Meeting with the Eagle River Fire Protection District Board of Directors
5.1.1. ERFP Near and Long Term Facility Needs
5.1.2. Seasonal Wildland Fire Protection in Wildridge
5.1.3. Opportunities for Collaboration
Avon Council Meeting 13.09.10 Minutes Page 1
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
Introductions were made of both the Avon Town Council members and the ERFPD board members as the
work session began at 5:30 pm. Present were Jennifer CarmelloHays, John McCaulley, Darrell Wegert, Clark
Shively, Clint Janssen, and in addition Mike Brown and Linda Tillson representing the Eagle Library District
(Avon Public Library). Karl Bauer, Fire Chief, spoke about the following topics:
1. ERFPD New & Long Term Facility Needs / Facility needs as Avon grows and district grows / Training space
needs possibly share with APD
2. Seasonal Wildland Fire Protection in Wildridge: Status of Wildridge neighborhood's fire protection and
how to increase community's participation to mitigate fire
3. Identify Opportunities for Collaboration between district and town / combine their planning w/ town
planning
There was consensus from members to appoint one or two elected officials to work together on fire
protection issues and collaboration opportunities.
5.2. Update on the 2013 EGE Air Alliance Outcomes and 2014 Program
(Chris Romer, CEO; Mike Brown & Kent Myers, Vail Valley Partnership)
Mike Brown presented information about the EGE Air Alliance, trends, consolidations, impacts of plane
retirement of 757. Chris Romer, VVP, spoke about various airport volume trends, several different
competitive funding structures, etc. They noted that the EGE Air Alliance fund raising goal is $76oK
with a split of 1) Governments & BCRC for a total of $26oK and 2) Businesses for $3ooK. They hope to
continue Houston flight of $47o Revenue guarantee, Chicago summer service, and Washington DC
winter service. The next steps continue to be: 1) review long term funding models that would create a
long term sustainable revenue stream collections at about $1.8 to $2.4 M, 2) work with Eagle County
Airport management, 3) work w/ communities and businesses to encourage their support of this
program. Michael Caccioppo, noted his frustrations with knowing where the market is for the locals.,
he thought it would be important and meaningful to find out what the number is for locals using the
airport.
5.3• Presentation of new a utility access road for the Traer Creek Water Tank — Alignment and
Retaining Walls (Dan Leary, Traer Creek Metropolitan District)
Dan Leary presented highlights of the utility access road. Two handouts were provided 1) photos of
the site, 2) Traer Creek Road Grading Plan Civil Construction Plans dated July 2013. Leary noted that
the retaining wall would be low visibility and that with the new road alignment the tank would not be
viewed that often. Tom Marcin, Marcin Engineering, presented information about the road as well.
Scott Green, Green Construction, spoke about his company constructing the road. It was noted that
staff has requested information about the following items related to this project:
• Status of the State of Colorado Stormwater Discharge Permit;
• Drainage report for the utility road;
• Technical specifications for the construction plan;
• Calculations for the retaining wall; and
• The Scott Green Construction Agreement
There were also discussions about access to the park site with new road alignment and positive impact
to the park, as well as road slopes and grades. Staff had not yet received all the materials to complete
the application.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
6. ACTION ITEMS
6.1. Review and Action on Second Assignment and Assumption of Development Agreement
between Guggenheim Partners and Wyndham Vacation Resorts — Nathan Battle, Guggenheim
Partners & Dominic Mauriello for Wyndham Hotel (Eric Heil, Town Attorney)
Mayor Pro Tern Goulding and Councilor Evans left the room at this time due to a conflict of interest.
Eric Heil, Town Attorney, explained the request from Guggenheim Partners & Wyndham Vacation
Resorts for the town's consent for two assignments of the development Agreement related to the
financing for the Wyndham project. The council memo included in the packet provided an explanation
of the transaction and the two assignments proposed (Wyndham to NEWCO and NEWCO back to
Wyndham). The forms of the assignment agreements were provided. The Town Manager revealed her
family's ownership in Guggenheim units, with the comment that there is no management role and no
power to influence decisions in any way. Nathan Batt, Gugenheim Partners, confirmed this as well.
Mayor Carroll moved to authorize the Town Attorney to provide written consent on behalf of the Town
for the assignment of the Lot 61 Development Agreement from Wyndham to NEWCO and from NEWCO
to Wyndham in the form of assignment submitted to the Town subject to further review by the Finance
Director and the Town Attorney of the Completion Purchase Agreement and finances of NEWCO.
There was a motion with unanimous approval to recess the regular meeting and convene to the Urban
Renewal Authority meeting at 8 pm. There was a motion with unanimous approval to reconvene back
to the Regular Meeting at 8:30 pm.
6.2. Resolution No 13 -25, Series of 2013, Resolution Setting Forth Review And Design Considerations For
All Future Art Locations (Jared Barnes, Planner 11)
There was information presented about prior resolutions that addressed some guidelines for art
maintenance. In light of the new property owners, Hoffmann Group's request to place art on private
property and public right of ways, this resolution was drafted to address these considerations, and place the
authority to review new public art locations to the Planning and Zoning Commission. It was noted that a
minor design and development plan application would be required for this request and would be reviewed
by PZC if approved. Councilor Evans moved to approve Resolution No 13 -25, Series of 2013, Resolution
Setting Forth Review And Design Considerations For All Future Art Locations. Councilor Dantas seconded
the motion and it passed unanimously.
6.3.First Reading of Ordinance 13 -12, Series of 2013, An Ordinance Amending Chapter 9.16 of the
Avon Municipal Code Regarding Marijuana Possession and Use (Eric Heil, Town Attorney)
Information was presented about the ordinance which amends Chapter 9.16 concerning possession,
use, transfer and sale of marijuana. It was noted that the ordinance was presented in an effort to
reconcile the Avon Municipal Code with the constitutional amendments enacted by Amendment 64
which legalized marijuana possession and consumption. There was support from council members to
organize a group continue discussing how Avon should move forward with implementing marijuana
sale. It was noted that this topic has become part of the economic development work plan in the 2014
strategic plan. Mayor Pro Tern Goulding moved to approve Ordinance 13 -12, Series of 2013, An
Ordinance Amending Chapter 9.16 of the Avon Municipal Code Regarding Marijuana Possession and
Use. Councilor Fancher seconded the motion and it passed unanimously. It was noted that a public
hearing would be noticed for September 24tH
Avon Council Meeting 13.09.10 Minutes Page 3
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
6.4. Appointment of a Town Representative to serve on Boards of Directors for the Buffalo Ridge
Affordable Housing Corporation, Eaglebend Affordable Housing Corporation and Kayak
Crossing Affordable Housing Corporation (Patty McKenny, Assistant Town Manager)
Councilor Evans stepped down at this time due to a conflict of interest. There was discussion about
appointing the Town Manager to serve on the housing boards. At this time it as noted that if
appointed, the Town Manager would designate a staff member to assume this role, possibly staff from
Community Development Department. There were council members who preferred that she serve on
the housing boards. After some further discussion, Councilor Dantas moved to review this
appointment at the September 24th meeting during an Executive Session; Councilor Fancher seconded
the motion and it passed unanimously.
6.5. Minutes from Meetings on August 13, 2013, August 27, 2013 and August 28, 2013
Mayor Pro Tern Goulding moved to approve the August minutes; Councilor Dantas seconded the
motion to approve the minutes. The minutes were approved with a voice vote by members and Mayor
Pro Tern Goulding and Councilor Evans abstained on voting on the August 28th meeting as they were
not present.
7. WORK SESSION
7.1. 2014 Budget Work Session:
7.1.1. Update of the 2013 -2014 Strategic Plan (Virginia Egger, Town Manager)
Time was spent reviewing the proposed 2014 work plan with some recommendations made by council
members to the following
✓ Business Like Practices: complete surveys earlier in the year so PZC can evaluate comp plan
discussion with that community information
✓ Add to Economic Development:
1. complete town survey of vacancies in buildings, create a report that summarizes
information about status of buildings and leasing rates,
2. create an Avon sales package that can be given to prospective businesses
3. review and evaluate the ability and structure of creating an Arts District in Avon
The plan would be modified and Council action would be requested at September 24th meeting.
7.1.2. Situational Analysis, 3 -Year Revenue Projections; Fees and Charges; Fund
Balances /Contingency Levels (Scott Wright, Finance Director)
Town Manager Virginia Egger and Finance Director Scott Wright presented a number of items that
would move the 2014 budgeting process forward. The Town Council was supportive of the analysis and
three year projections, proposals for fees and information presented about fund balance and
contingency levels. The Town Council packet materials presented the details for this discussion.
7.2. Review of Process for Recruiting and Hiring a Director of Economic Initiatives
(Virginia Egger, Town Manger)
The Town Council supported moving forward with the proposal to hire this position.
Avon Council Meeting 13.09.10 Minutes Page 4
CVO 'N'
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
8. VILLAGE AT AVON UPDATE
There were no other comments at this time.
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9.1. Upper Eagle Regional Water Authority Board Meeting (Todd Goulding, Mayor Pro Tem) / this
was postponed to the next meeting
EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Mayor Carroll moved to meet in Executive Session at 11 pm for the purpose of receiving legal advice pursuant
to the following:
9.2. 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
Councilor Reynolds seconded the motion and it passed unanimously.
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,
Mayor Pro Tern Goulding, Councilor Evans, Councilor Jennie Fancher, Councilor Buz Reynolds, Councilor Jake
Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager /Town Clerk Patty
McKenny.
The executive session was adjourned at 12:o8 am 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 objections at this time; there were no objections.
Mayor Carroll asked to add an agenda item based on the work session regarding the utility access road
for the Traer Creek Water Tank construction related to the issuance of a grading permit by the town of
Avon. Councilor Reynolds moved to give direction to Town Engineer, to include as conditions for the
final approval of the grading permit the following items:
✓ The grading permit is only for a utility access road for TraerCreek Water Storage tank.
✓ Any application to further improve the road shall be subject to town's road building procedures
and standards
✓ There is no assurance that the town would accept the road in the future as a public street
✓ That the settlement pending litigation is not yet finalized and subject to further amendments to
development agreement
✓ That applicant accepts risk of all expenditures related to the permit
✓ Applicant will not pursue any other legal action again town related to the grading permit
expenditures
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
✓ Grading permit must be compliant with state and federal laws, including stormwater discharge
permit from CDPHE
✓ Must obtain wetlands permit from Army Corps of Engineers
✓ A site stabilization bond must be collected
✓ The review process follows the Avon Municipal Code
Councilor Dantas seconded the motion and it passed unanimously.
There being no further business to come before the Council, the regular meeting adjourned at 12:10 AM on
September 11, 2013.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
Avon Council Meeting 13.09.10 Minutes Page 6