TC Minutes 11-12-2013, AVON
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:3o PM. A roll call was taken and Council members present
were Dave Dantas, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Chris Evans was absent.
Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town
Manager /Town Clerk Patty McKenny, Senior Planner Matt Pielsticker, Planner II Jared Barnes, as well as
members from the public.
2. APPROVAL OF AGENDA
Mayor Carroll noted that the first Executive Session was cancelled.
3. PUBLIC COMMENT
Amy Phillips, Avon resident, spoke about 1) that slideshow presentations were highlighted on Channel
5 with the meeting coverage, 2) questioned if the town reviewed the 20o6 West Town Center Plan
related to pedestrian or vehicle use of the mall supporting the retail in that area.
4. ACTION ITEM
4.1. Resolution No. 13 -30, Series of 2013, Replenishment Resolution, Authorization of the 2013
Cooperation Agreement between the Town and the Avon Urban Renewal Authority (Finance
Director Scott Wright)
Kim Crawford, representing Sherman & Howard Law Firm, presented the Resolution as an agreement
that requires both Avon Town Council and Avon Urban Renewal Authority's authorization and provides
additional security for the Authority's Series 2013 Bonds. The Resolution directs the Town Manager to
appropriate funds for the replenishment of the reserve account of the URA and if at any time the
reserve account falls below required levels are replenished by town funds. Mayor Pro Tern Goulding
moved to approve Resolution No. 13 -30, Series of 2013, Replenishment Resolution, Authorization of the
2013 Cooperation Agreement between the Town and the Avon Urban Renewal Authority; Councilor
Reynolds seconded the motion and it passed unanimously by those present (Councilor Evans absent).
5. WORK SESSION (ESTIMATED START TIME 5:30 P.M. —END TIME 7:30 PM)
5.1. Planning & Zoning Commission /Council Six Month Joint Work Session (Senior Planner Matt
Pielsticker)
5.1.1. Mall /Avon Rd. Planning Update (Pedro Campos)
All members of the Planning and Zoning Commission were present as well as Pedro Campos with Zehren and
Associates and designer of the 2012 Mall Improvement Plans. He presented the plans with an expanded
scope for the project to include the entire length of the Mall, Avon Road, and pedestrian and bicycle access
along Benchmark Road to Avon Road. It was noted that the Avon Road medians, roundabouts, and way
finding are included in the design work, with emphasis on new landscaping and implementation of
pedestrian and bicycle accommodations to increase safety, encourage ridership and strengthen north -south
and east -west traffic flow. Pedro presented design concepts for the project, seeking input and direction that
would facilitate the development of schematic designs, which would then proceed through the public
process for approval. It was noted that the design program and concepts have been developed by Pedro
with Town of Avon staff, including representatives from planning, engineering and parks and recreation.
Planning and Zoning Commissioners Phil Struve and Tab Bonidy have also joined this group. A meeting on
the design was held with the adjoining property owners on November 11t ", with two open house sessions
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013
AVON TOWN HALL, ONE LAKE STREET
planned after the Tuesday's Work Session - one at Town Hall on December 3rd and a second on December 4t"
at the Fire Station in Wildridge. The estimated timeline taking into account construction coinciding with
Wyndham landscaping work in summer 2014, was that the schematic plan needed to be completed by
February 1st and construction documents and bidding set for a contract to be signed in time for Avon Road
improvements to be completed prior to July 3rd and the Mall finished by early fall. There was a dialogue with
the group about the presentation. There was consensus to attend the December 17 PZC meeting in order to
participate in the final review of the Mall and Avon Road designs.
5.1.2. "Business Friendly" Review Environment
There was some discussion about this topic that was raised at the February 26, 2013 joint session, per the
Council's desire to open a "business friendly" review environment. There was a review of the 2013 -14
Strategic Plan that listed Economic Development as a high priority, including "working closely with the PZC
to understand respective roles so that developers have a good sense of what can and what cannot be
negotiated." There was support from council about the work conducted by the commission, noting that
there is always a balance to achieve with the development community. It was noted that pre planning
meetings have been helpful and applications are then at a better review stage.
5.1.3.Appeal Process
Members of PZC requested that the appeals process be discussed, and specifically, when a decision of PZC is
appealed is Town Council applying the same guidelines /standards as PZC and /or evaluating the process by
which PZC reviewed the application; or is Council conducting in essence a new and independent review of
the application? What ability does the Council have that PZC may not have in approving a project which fall
outside of the guidelines /standards? There was a conversation about the appeal process and whether or not
the council acts as a judicial or legislative body when making decisions. Eric Heil, Town Attorney, reviewed
the Municipal Code, noting that the review is DE novo which means they take a "new" review of the
complete application.
5.2. Discussion of Funding Request for Augustana Senior Care Facility (Lisa Pease, Augustana Care,
Tori Franks, Eagle County)
Mery Lapin, community resident, presented information about the Castle Peak Senior Care Community
Facility with a review of the capital funds that have been raised towards the $4.4 M. It was noted that
Commissioner Sara Fisher, and former Commissioners John Stavney, Peter Runyon supported the
endeavor with the land purchase. Jill Kottleson, Eagle County Housing Director, presented additional
information about Augustana Care, the nonprofit organization involved in the project. Doris Detton
and Dr. Tom Steinberg spoke about their support of the project. There was a request for an Avon
council member to serve on their honorary committee. There were some discussions and there was
general support from the Town Council for building this facility for the Eagle County community. The
need to balance the spending for town initiated projects and county projects were discussed with a
review of how the town has supported other county projects. The Town Manager was directed to
budget WK expenditure in the Housing Fund as Avon's contribution to the capital campaign for the
Augustana Care project. The council members did not commit to or want to encumber future councils
with other funding payments from the housing fund for following years. The final budget would be
presented at the November 26 meeting.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013
AVON TOWN HALL, ONE LAKE STREET
6. EXECUTIVE SESSION (The Executive Session was cancelled.)
7. ACTION ITEMS
7.1. License Agreement with Hoffmann Commercial Real Estate, Approving Construction and On-
Going Maintenance of a Retaining Wall in Hurd Lane Right -of -Way (Senior Planner Matt
Pielsticker)
Mayor Pro Tern Goulding stepped down at this time due to a conflict of interest on this matter. The
Town Council considered a revocable license agreement (Exhibit A) for landscaping improvements on Town
Right -of -Way. It was noted that the improvements included replacing river rock boulder walls with a stone
clad vertical retaining wall, stone columns on either side of Hurd Lane, as well as groupings of native grasses,
boulders, and planting beds. All of the improvements would be constructed and maintained by the adjacent
property owner, Hoffmann Commercial Real Estate. Staff noted that they provided the applicant with the
standard Town of Avon License Agreement for review and comment. The landscape plan indicated the
extent of the improvements (Exhibit B of council packet). Stephanie McClerk, Landscape Architects, spoke
about the Hoffman Commercial Real Estate Company's general overview for town improvements with the
following highlights: goals & objectives, the southern master plan concepts (matching walls towards
Westin), review of Hurd Lane intersection improvements and pedestrian circulations, Stone Wall concepts
along Hurd Lane, review of gateway & railway opportunities, review of Christy Sports Building & parking
area, review of northern master plan concept, review of vignettes for intersection /roadways, Annex building
and Benchmark building enhancements to name a few. Councilor Dantas moved to approve the License
Agreement with Hoffmann Commercial Real Estate, Approving Construction and On -Going
Maintenance of a Retaining Wall in Hurd Lane Right -of -Way. Councilor Reynolds seconded the motion
and it passed unanimously by those present. (Mayor Pro Tern Goulding abstained due to conflict of
interest; Councilor Evans absent).
7.2.Approval of a Two -Year Extension of the Development Plan Approval for Beowulf Lot 7,
Western Sage, pursuant to §7.16.020(h), AMC. - Reynolds Development Corporation
(Senior Planner Matt Pielsticker)
Mayor Pro Tern Goulding returned to the meeting at this time. Councilor Reynolds stepped down at
this time due to a conflict of interest. It was noted that Community Development received a request for
an extension of the Final Design approval for single - family house on Lot 7 of the Western Sage Subdivision in
Wildridge. The Final Design was originally approved by the Planning and Zoning Commission (PZC) on
November 18, 20o8. It was noted that prior to the expiration of the approval, the property owner requested
and received a one (1) year extension from PZC until November 16, 2011. A second extension, this time for
two (2) years, was approved by the Town Council on August 23, 2011, which is set to explr_e_on November 1_6,
z According to the Municipal Code, the Council may approve multiple extensions. For reference, the
subject Design plans are attached as Exhibit B. The PZC unanimously approved the Final Design for this
project subject to re- reviewing items prior to the issuance of a building permit (identified in council memo).
Staff requested that the request is before the Town Council again so that they can determine whether an
additional extension to this Final Design approval is appropriate given the amount of time that has elapsed
since original approval. After some discussion, Councilor Fancher moved to approve the request for a Two -
Year Extension of the Development Plan Approval for Beowulf Lot 7, Western Sage until November 16,
2015, with the following conditions
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AVO o o
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013
AVON TOWN HALL, ONE LAKE STREET
1. The car turning radius out of the garage doors must be reviewed and approved by Staff with the review
of an auto -turn analysis;
z. An improved Landscape Plan must be approved by PZC to address the landscaping below the lowest set
of retaining walls
3. Grey Color is not approved and an alternate color must be approved by PZC.
4. Revised light fixtures must be reviewed and approved by Staff.
5. The PZC must re- review and approve the lowest retaining wall.
6. Applicant shall submit an updated land survey of the property depicting the location of the bike lane,
utility easements, and any other encumbrances recorded against the property since the original
approval, prior to the submittal of a building permit application.
7. The Final Design shall be revised if an up -dated land survey of the property reveals new conditions which
will affect the functionality of the driveway access from Wildridge Road East and the location and size of
the retaining walls.
Councilor Dantas seconded the motion and it passed unanimously by those present. (Councilor
Reynolds abstained due to conflict of interest; Councilor Evans absent).
7.3-Village of Avon Update (Eric Heil, Town Attorney)
7.3.1.Action, by Motion and Vote, on Extension of the Outside Date in the Closing Escrow
Agreement
Councilor Reynolds returned to the meeting at this time. The Town Attorney presented the Village at
Avon updates related to the following topics:
Water Tank Agreement: agreement is not ready at this time as the parties are continuing to work on
revisions, including the form and amount of financial security and the timing of the conveyance of
water rights as topics still being negotiated.
Bond Closing: the closing has been set for 12/19/13 as the date to execute documents; documents have
not yet been distributed to date.
Extension of Outside Date: With the approval of the Master Receipt & Escrow Agreement ( "Closing
Escrow Agreement ") there is identified an outside date of November 13, 2013 that provides that either
parties agree to extend this outside date or the closing escrow agreement and all other settlement
documents approved to date would be automatically voided. It was noted that the proposed
extension of the outside date is now proposed for January 31 2014 which allows the Town Council to
consider the circumstances and status of settlement at its two regular meetings in January. He noted
that currently tomorrow, 11/13/13, is the expiration of the outside date so an extension of the outside
date is required so that the settlement can remain in progress. He noted that the town has received
signed copies of the extension from all other parties. It was also noted that the suggested time frame
provides ample time through the holidays for finishing the agreements; the add on retail sales fees are
in place; and to take necessary steps to start the refinancing process. Mayor Pro Tern Goulding moved
to approve the Extension of the Outside Date in the Closing Escrow Agreement to January 31, 2014;
Councilor Fancher seconded the motion and it passed unanimously by those present (Councilor Evans
absent).
Avon Council Meeting 13.11.12 Minutes Page 4
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013
AVON TOWN HALL, ONE LAKE STREET
7.4. Consent Calendar
7.4.1. Minutes from October 22, 2013 Meeting (Town Clerk Patty McKenny)
7.4.2. Approval of 2013 Audit Engagement Letter (Finance Director Scott Wright)
Councilor Fancher moved to approve the consent calendar; Mayor Pro Tern Goulding seconded the
motion and it passed unanimously by those present (Councilor Evans absent).
8. WORK SESSION
8.1. Presentation of 2014 Snow Plow Routes & Hours of Operation (Road & Bridge Superintendent
Gary Padilla & Interim Parks & Recreation Director John Curutchet)
John Curutchet, Interim Recreation Director, presented the snowplow schedule & plans for 2013 -2014
winter season noting the differences per the council packet memo. There was full support of the
schedule.
8.2. Review of the 2014 Proposed Budget Capital Fund: Final 2014 Projects, including a Nottingham
Park Stage
Town Manager Virginia Egger noted that the Memo does not recommend any changes from the
proposed budget, and a brief review was made of some of the key improvements as listed. There was
some discussion about the stage and it was agreed to review the topic at a separate work session and
possibly address the use of the land in the park area including the fire station town hall.. There were
further comments made about creating a special arts district, the need to plan for the entire area,
funding options for improvements, use of community enhancement funds.
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
❖ Mayor Carroll presented an update on the Mayor /Managers meeting
❖ Town Manager Egger presented an update on a Manager's meeting
❖ Councilor Wolf noted the music lineup for WinterWonderGrass
❖ Mayor Carroll noted a meeting with representative who are interested in bringing a CEO
leadership training conference to Avon
❖ Town Manager Egger noted an update from CGI marketing /advertising firm retained by
national league of cities to provide some videa on the town's website
❖ Town Manager Egger presented a brief update on the branding effort taking place, more to
come.
❖ Town Manager Egger presented an update to ERFPD meetings that are ongoing
10. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) EXECUTIVE SESSION (THIS MEETING IS NOT OPEN
TO THE PUBLIC)
Mayor Carroll moved to convene into Executive Session at 9:45 pm for purpose noted below; Councilor
Goulding seconded the motion and the executive session began at 9:10 pm.
✓ 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, ,
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AV R D O
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, NOVEMBER 12, 2013
AVON TOWN HALL, ONE LAKE STREET
Councilor Jennie Fancher, Mayor Pro Tern Todd Goulding, Councilor Buz Reynolds, Councilor Wolf, Town
Manager Virginia Egger. Councilor Chris Evans was absent.
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 and the regular meeting adjourned.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
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