TC Minutes 09-24-2013,AV O'N
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:30 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, and Assistant Town
Manager /Town Clerk Patty McKenny.
2. APPROVAL OF AGENDA
There were some minor changes to the agenda related to the order of items considered.
3. PUBLIC COMMENT
Public input was given by Avon resident Amy Phillips who was present to ask some questions about the
investigation, a public records request, ask that the agenda would identify a time to "Disclose Potential
Conflict of Interests ".
4. Action Items
4.1. Special Water Counsel Action on Agreement to Retain Special Water Counsel (Virginia Egger,
Town Manager)
There was a brief review of the submitted letter of engagement by law firm Moses, Wittemyer,
Harrison and Woodruff, P.C. to provide special water counsel to the Town of Avon. Attorney Patricia
deChristopher was present. It was noted that two smaller groups made up of council members, town
attorney, and town manager interviewed both Jay Montgomery (currently retiring water attorney) and
Ms. deChristopher who would be serving in this role as water attorney for their firm. Councilor
Fancher moved to authorize the Mayor to execute the Letter of Engagement with Moses, Wittenmyer,
Harrison and Woodruff, dated September 19, 2013; Councilor Wolf seconded the motion and it passed
unanimously by those present (Councilors Dantas, and Evans absent).
4.2.Review an Appeal, in accordance with Avon Municipal Code §7.16.16o, Appeals, for a Planning
and Zoning Commission decision to not approve a portion of a color change application for Lot
65 -13, Block 2, Benchmark at Beaver Creek Subdivision (aka "Annex Building ") — Jon White,
President, Hoffmann Commercial Real Estate. A quorum of the Planning and Zoning
Commission will be present for this item. (Jared Barnes, Planner 11)
There was a review of the council packet memo that addressed the appeal of a PZC decision to not
approve the proposed color "Monterey white" as the base color to the Annex Building, pursuant to
§7.16.16o, Avon Municipal Code. The letter was submitted by Greg Hoffmann, Principal of Hoffmann
Commercial Real Estate on August 21, 2013. There were several people present for this matter and
input was given by John White, attorney representing the Hoffmann group, and all of the PZC
members.
Some of the discussion on the appeal focused on the following items:
• Overall support for improvements being made by Hoffmann Commercial Real Estate
• Description of PZC review of the minor design and development plan application and why there
was not approval for the "alternative equivalent compliance" request, i.e. the choice of the paint
color that was used without approval. The specific code referenced was 7.28.ogo(c)(v) as the
premise for their decision not to approve the request.
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TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
• Discussion about the design review guidelines and what was allowed over time, and through the
approval of the new development code
• Discussion about how they got to a 70 "LRV" and support for reviewing this value again
There was Council input and a decision was made to allow them to keep the current color through the
winter and ask that PZC review the language determining the color values for buildings in the town.
There were some procedural comments made by the Town Attorney who noted the following options
for the decision at this time: 1) take no action, 2) extend the appeal, 3) direct staff and PZC to evaluate
the "LRV" component of the code during the extended appeal timeframe. Councilor Wolf move to
table the public hearing and final decision on the appeal until April 22, 2014 provided that the applicant
agrees to the extended review timeframe for this matter. Mr. White agreed to the proposed timeline.
Councilor Fancher seconded the motion and it passed unanimously by those present (Councilors
Dantas, and Evans absent).
4.3•Public Hearing - Second Reading of Ordinance 13 -12, Series 2013, Amending the Avon Municipal
Code for Personal Possession of Marijuana (Eric Heil, Town Attorney)
Mayor Pro Tern Todd Goulding joined the meeting at 5:50 pm. It is noted that while he arrived earlier
he did not participate on the Appeal matter due to a conflict of interest. Town Attorney Eric noted
there were no changes to the ordinance on first reading. There was some discussion about the amount
one could have in personal possession as well as the number of plants that could be grown at home.
Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Councilor
Wolf moved to approve Ordinance 13 -12, Series 2013, Amending the Avon Municipal Code for Personal
Possession of Marijuana. Mayor Pro Tern Goulding seconded the motion and it passed unanimously by
those present (Councilors Dantas and Evans absent).
4.4• Council Review and Direction for Amendments to the Water Authority Master Agreement
(Todd Goulding, Councilor)
Mayor Pro Tern Goulding presented this memo and requested direction from the Town Council on how
to proceed with reviewing a number of topics that need to be addressed in the Water Authority Master
Service contract. He noted that the items need attention in order to align the Service Contract with
current practices and procedures of the UERWA. The items are interrelated and show be considered
together as follows:
I. Withdrawal by a Contracting Party
II. Distributions on Termination
III. Policy and Procedures for using or distributing "Unallocated Water Rights ", which have been
purchased over time by the UERWA with customer revenues; and
IV. Consideration of water restrictions due to low snowfall periods, including consumptive water rights
V. Town of Avon SFE calculations — conversion evaluation and formula for additional SFE purchases
After some discussion there was unanimous Council support to review the five topics together and
move forward with one amendment that would address all of them.
4.5•Resolution 13 -26, Series of 2013, Resolution Establishing a Special Event Admission Ticket Fee
for the purposes of Equipment Investments and for Defraying Town Costs ( Danita Dempsey,
Special Events Coordinator)
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TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
There was unanimous support to establish the special event admission ticker fee in an effort to help
offset the costs of events, and a motion was made by Councilor Wolf to approve Resolution 13 -26,
Series of 2013, Resolution Establishing a Special Event Admission Ticket Fee for the purposes of
Equipment Investments and for Defraying Town Costs. Councilor Fancher seconded the motion and it
passed unanimously by those present (Councilors Dantas and Evans absent).
4.6. Resolution No. 13 -27, Series of 2013, Resolution to Adopt the Town of Avon 2013 -2014 Strategic
Plan Update (Virginia Egger, Town Manager)
Town Manager Virginia Egger noted some revisions to the document. Some suggestions were made
about including the PZC review of the "LRV" standards in first quarter Economic Development
category, 2) add a category called ongoing efforts, 3) review quarterly, 4) evaluate if it is too
aggressive, 5) contemplate adding a section that contributes more to enhancing the "community" of
Avon. Mayor Carroll moved to approve Resolution No. 13 -27, Series of 2013, Resolution to Adopt the
Town of Avon 2013 -2014 Strategic Plan Update; Councilor Reynolds seconded the motion and it passed
unanimously by those present (Councilors Dantas and Evans absent).
4.7.Appointment of Town Council members to serve on a Town of Avon /Eagle River Fire Protection
District Task Force
Councilor Wolf moved to appoint Councilor Reynolds and Councilor Fancher as the members to the
ERFPD and Town of Avon Task Force; Mayor Pro Tern Goulding seconded the motion and it passed
unanimously by those present (Councilors Dantas and Evans absent).
4.8. MINUTES FROM SEPTEMBER 10, 2013 MEETING
Mayor Pro Tern Goulding moved to approve the minutes; Councilor Wolf seconded the motion and it
passed unanimously by those present (Councilor Dantas and Evans absent).
4.9• COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
✓ Upper Eagle Regional Water Authority Board Meeting (Todd Goulding, Mayor Pro Tem)
presented an update on a tour, instream flows decreased, water rights case for USFS,
✓ EGE Air Alliance (Rich Carroll, Mayor) update from last presentation
✓ Leadership Conference Meeting Update (Jake Wolf, Councilor) Met w/ Eric Sale — regarding the
possibility of sponsoring a leadership conference with loo CEOs attending
✓ Senator Gail Schwart (Rich Carroll, Mayor)
5. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Both Councilors Dantas and Evans arrived at this time. Mayor Carroll moved to meet in Executive
Session at 6:30 pm for the following matters:
5.1. Meet with Special Counsel for the purpose of receiving legal advice pursuant to Colorado
Revised Statute §24- 6- 402(4) (b) related to the investigation of alleged ethics violation and
review of residency requirements.
Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as
stated below 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
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TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas,
Councilor Jennie Fancher, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger and
Scott Krobs, Special Counsel for the Investigation. (Councilors Evans and Goulding were not present).
Mayor Carroll noted that the next discussion would be confined only to the purposes of the executive
session as stated below 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 Councilor Buz Reynolds,
Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Town Clerk Patty McKenny.
5.2. 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, 2oo8 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV
316.
5.3. Meet Pursuant to Colorado Revised Statute §24- 6- 402(4) (f) for the purpose of discussing
personnel matters related to the appointment of the Town Manager as representative to
certain Housing Boards. (Councilor Evans stepped out of the room at this time due to conflict
of interest).
The executive session was adjourned at 9:25 pm and Mayor Carroll noted that the meeting now
reconvened in regular session at 9:30 pm. 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.
6. VILLAGE OF AVON UPDATE (ERIC HEIL, TOWN ATTORNEY)
6.1. Public Hearing Second Reading of Ordinance 13 -13, Series of 2013, Ordinance Amending the
Consolidated and Amended and Restated Annexation and Development Agreement for the
Village at Avon (Eric Heil, Town Attorney)
Town Attorney, Eric Heil, presented an update to the negotiations occurring for the amendments to
the Village at Avon Development Agreement. Munsey Ayers (Otten Johnson Robinson Neff Ragonetti),
Brandy Caswell (Faegre Baker Daniels) representing BNP Parribas, Mary Jo Dougherty, Kathy Kanda
(McGeady Sisneros), Marcus Lindholm, and Michael Lindholm were present. There were some
comments made by Mr. Ayers and Ms. Caswell. There were discussions about some further revisions to
the amendments for the CARADA related to the TC -RP financing proposal for the water tank. Some of
the proposed revisions that were discussed and acceptable included the following:
■ Water tank cost overruns would be the responsibility of TC -RP and would not be reimbursable
by TCM D or Town
Interest wouldn't accrue on the construction funds between the time the funds are provided by
TCRP & the time the Water Authority accepted the water tank
The interest rate calculation and that would not count against the Credit PIF Cap, and the
language used to define this formula
That the portion of the water tank project included construction of a road on Planning Area J,
identified in the capital projects list in the CARADA, so that this amount would reduce the
amount reserved to finish this project on the list
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TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
AVON TOWN HALL, ONE LAKE STREET
There was a preference to delay second reading so that these business points could be drafted into the
document and allow some time for council and the public to review the materials. There were some
comments made about when the bond closing would take place, and December was identified as a
possible date for closing. Mayor Carroll opened the public hearing; no comments were made, the
hearing was closed. It was noted that the presentation in October should provide details about the
proposed changes to the financial component of the CARADA, in summary an analysis about the costs
of the components of the new deal in comparison to the settlement term sheet including that of the
water tank. Councilor Reynolds moved to continue second reading and public hearing of Ordinance 13-
13, Series of 2013, Ordinance Amending the Consolidated and Amended and Restated Annexation and
Development Agreement for the Village (at Avon) until October 22. Mayor Pro Tern Goulding seconded
the motion and it passed with a six to one vote (Councilor Dantas - nay). Councilor Dantas' nay vote
was because of his frustration with the last minute changes and that the deal should have been closed
months ago.
6.2.Approval of Amendments to the Traer Creek Water Tank Agreement, including Pledge
Agreement Terms (Eric Heil, Town Attorney) (May be continued)
There were no updates provided on this item for consideration.
7. 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 conflict of interest. After some discussion, Councilor
Dantas moved to name Town Manager as designee to the Housing Boards, Mayor Pro Tern Goulding
seconded the motion and it passed unanimously.
8. Appoint Council Members to Town Manager Evaluation Committee
Mayor Carroll noted this item as an addition to the agenda. After a nomination by Councilor Evans and
seconded by Councilor Reynolds, Mayor Carroll and Councilor Fancher were chosen and agreed to
serve as the "ad hoc committee" to begin the process for the town manager evaluation, serving to
gather information and facilitate the process.
9. WORK SESSION
9.1. Budget Work Session - Council Review and Direction on recommended:
9.1.1. Employee Compensation Package, including Salary Market Analysis and Health Insurance
Premium Contributions (Virginia Egger, Town Manager)
Town Manager Virginia Egger presented the memo addressing the prposed Employee compensation
and Benefits Program and estimated 2014 costs. There were three sections to the memo that were
discussed as 1) Salary, 2) Avon's Health Plan, and 3) Economic Recovery Payment. There was
information presented about Avon's new culture statement, high performing employees and the salary
structure that would align with the performance of the employees through a Step program. There was
Council support to continue to provide superior benefits package as part of the total reward package.
There was support for each of the three components described at the 2014 levels.
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TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, SEPTEMBER 24, 2013
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9.1.2.Town Attorney and Special Counsel Budgets, including Water Counsel (Virginia Egger,
Town Manager)
Virginia Egger, Town Manager, reviewed the memo that outlined the proposed 2014 budgets for the
legal services provided by Heil Law and Elizabeth Pierce - Durance. There was support to include these
estimates in the budget.
9.2. Fiscal Year 2013 Financial Report dated September 24, 2013 (Report Only from Finance)
There being no further business to come before the Council, the regular meeting adjourned at 10:45 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
REP U 5 BMITTED:
ZQk
Patty cKei �o t Clerk
_/P
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