TC Minutes 10-22-2013TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 22, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5 PM. A roll call was taken and Council members present were
Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, and Jake Wolf. Buz Reynolds was absent. Also
present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager /Town
Clerk Patty McKenny, as well as members from the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
4. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Councilor Evans moved to convene into Executive Session for purpose noted below; Councilor Dantas
seconded the motion and the executive session began at 5:30 pm.
4.1. 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 3
Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as
stated 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,
Town Attorney Eric Heil, Town Manager Virginia Egger and Assistant Town Manager /Town Clerk Patty
McKenny. (Councilor Jake Wolf was not present).
Councilor Evans excused himself from the meeting at 6 pm. The Executive Session adjourned at 6:30
pm and Mayor Carroll noted that regular meeting reconvened and asked if any 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 their objection at this time. There were no objections
stated at this time.
5. PUBLIC COMMENT
Scott Prince, Avon resident, asked about swimming in the lake as an amenity, and it was noted that
there would be a beach area on the north side of lake near volleyball courts.
6. ACTION ITEMS (ESTIMATED AT 6:15 PM)
6.1. Proclamation Supporting December 10, 2013 as "Colorado Gives Day" (Marian McDonough,
Catholic Charities)
Marion McDonough and Jason Denhart, representing the local nonprofits charities in Eagle County
presented their request for supporting "Colorado Gives Day on December 10 with the reading of the
Proclamation. The Proclamation was read by Mayor Carroll and Councilor Fancher moved to approve
the Proclamation supporting December 10, 2013 as "Colorado Gives Day "; Mayor Pro Tern Goulding
seconded the motion and it passed unanimously by those present (Councilor Evans and Councilor Wolf
absent).
Avon Council Meeting 13.10.22 Minutes FINAL page 1
AVON
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 22, 2013
AVON TOWN HALL, ONE LAKE STREET
6.2.Approval of Intergovernmental Agreement between Town of Avon and Eagle River Water and
Sanitation District for Leased Office Space at the Swift Gulch Modular Building (Virginia Egger,
Town Manager)
The IGA was presented that outlined the terms and conditions for ERWSD to lease office space at the
Swift Gulch Modular Building. There was unanimous support for this effort to lease the space no
longer being used by the town to another agency for a period of five years with a renewing clause.
Councilor Dantas moved to approve the Intergovernmental Agreement between Town of Avon and
Eagle River Water and Sanitation District for Leased Office Space at the Swift Gulch Modular Building;
Mayor Pro Tern Goulding seconded the motion and it passed unanimously by those present (Councilor
Evans and Councilor Wolf absent).
6.3.Minutes from October 8, 2013 Meeting
Mayor Pro Tern Goulding moved to approve the October 8 2013 minutes; Councilor Fancher seconded
the motion and it passed unanimously by those present (Councilor Evans and Councilor Wolf absent).
7. WORK SESSION
7.1. Review of 2014 Proposed Budgets: (Virginia Egger, Town Manager & Scott Wright, Finance
Director)
7.1.1. General Fund
7.1.2. Avon Town Center West Fund
7.1.3. Transit Fund
7.1.4. Fleet Fund
Councilor Evans returned to the meeting at 6:5o pm. Town Manager and Staff presented the 2014
proposed budgets. The council packet memo noted the prior work session dates and budget input
received at the meeting; a review of each department and fund was included. The budget components
were highlighted with the revisions made to revenues, personnel, and outside funding requests. It was
noted that the 2014 budget had been balanced in light of creating a contingency fund. Some
comments were made related to the reserves and some discussion occurred about how to fund a stage
if the election funding question were to pass or fail. Finance Director Scott Wright led the budget
presentation noting that the public hearing and final adoption would occur on November 26th. There
was a review of each department program. Council requested to review the following items at future
meetings:
✓ The snow plowing schedule at the next meeting
✓ The fund balance policy to discuss including a stabilization balance as part of the budget
Overall there was support of the 2014 budget presented.
6. ACTION ITEMS (ESTIMATED AT 6:15 PM)
Village of Avon Update (Eric Heil, Town Attorney)
1.1.1. Public Hearing and Second Reading for Ordinance No. 13 -13, Series of 2013, Ordinance
Amending the Consolidated and Amended and Restated Annexation and Development
Agreement for the Village (at Avon)
it was noted in summary, that there were comments and revisions to the water tank agreement, the
Add on Retail Sales FEE collection agreement, an update about how to proceed or not on an extension
Avon Council Meeting 13.10.22 Minutes FINAL page 2
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AV O'N
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 22, 2013
AVON TOWN HALL, ONE LAKE STREET
of the outside date. Town Attorney Eric Heil presented a slideshow presentation that addressed the
following:
Background with adopting legislation
Existing Agreements
✓ 1997 Water Service Agreement to 2012 Traer Creek Water Storage Tank Agreement
✓ 2012 Tank Agreement Financing Arrangement
✓ Development Agreement Amendments: financing & repayment of water tank terms
New Proposal:
✓ 1997 Water Agreement to 2013 Traer Creek Water Storage Tank Agreement
✓ New Proposed 2013 Tank Agreement Financing Arrangement
✓ Development Agreement Amendments : financing & repayment of water tank terms; review
of revised and new sections
Priority Use of District Revenues (the waterfall of payments)
TC -RP Financing Comparisons dated October 22, 2013
TC -RP Financing Comparison — Use of Funds against the Total Credit PIF Cap
There were some discussions about the following topics:
• When town would take over maintenance of roads and landscaping
• Update on implementation of add -on retail sales fee November 1
• Ordinance takes effect 3o days after publication of notice of vested
Mayor Carroll opened the public hearing, no comments were made and the hearing was closed.
Mayor Pro Tern Goulding moved to approve Ordinance No. 13 -13, Series of 2013, Ordinance Amending
the Consolidated and Amended and Restated Annexation and Development Agreement for the Village
(at Avon). Councilor Dantas seconded the motion and it passed with a five to one vote (Mayor Carroll —
nay; Councilor Wolf absent).
1.1.1. Approval of Resolution No. 13 -28, Series of 2013, Resolution Approving Amended and
Restated Traer Creek Water Tank Agreement — MOVE TO NOVEMBER 12T"
Resolution No. 13 -28 was not reviewed at this time because the matter was still being discussed; it
would be moved to the November 12 2013 meeting
1.1.2. Approval of Interim Add -On Retail Sales Fee Collection Service Agreement — REVISED AND
TOWN IS NO LONGER A PARTY TO THE AGREEMENT
The Add -On Retail Sales Fee Agreement would no longer require Town of Avon involvement and would
not be included a party to the agreement.
1.1.3. Action, by motion and vote, on Extension of the Outside Date in the Closing Escrow
Agreement
This discussion and action on the outside date extension was going to be delayed until the November
12 2013 meeting.
Avon Council Meeting 13.1 0.22 Minutes FINAL page 3
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 22, 2013
AVON TOWN HALL, ONE LAKE STREET
EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Mayor Pro Tern Goulding moved to convene into Executive Session for purpose noted below; Councilor
Dantas seconded the motion and the executive session began at 9:10 pm.
1. Meet Pursuant to Colorado Revised Statute §24 -6- 402(4) (f) for the purpose of discussing
personnel matters related to the annual performance review of the Town Manager
Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as
stated 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 Attorney Eric Heil, Town Manager Virginia Egger and Assistant Town Manager.
The Executive Session adjourned and Mayor Carroll noted that regular meeting reconvened and asked
if any 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 their objection at this time.
There were no objections stated at this time.
There being no further business to come before the Council, the regular meeting adjourned around 11 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
Avon Council Meeting 13.10.22 Minutes FINAL page 4