TC Minutes 01-14-2014AqW-111
-VON,
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 14, 2014
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:15 PM. A roll call was taken and Council members present
were Dave Dantas (arrived at 5:35 pm), 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, as well as members from the
public.
2. APPROVAL OF AGENDA
Mayor Pro Tern Goulding noted that he would recuse himself from discussion on item 4.2.
3. PUBLIC COMMENT
Mayor Carroll noted their heartfelt condolences to the Seibert family for the loss of Tony Seibert.
4. ACTION ITEMS
4.1. Approval of Agreement for Legal Services Special Water Counsel Jay Montgomery
(Town Attorney Eric Heil)
Councilor Evans arrived at this time. Eric Heil presented a brief synopsis of what transpired with the
need to amend the retainer agreement for Jay Montgomery who will now serve as legal counsel in light
of the departure of Patricia DeChristopher. There was request to review water related topics during
the 1" quarter of 2014 in order to fully understand the town's water rights and augmentation programs.
Mayor Pro Tern Goulding moved to approve the Agreement for Legal Services; Councilor Reynolds
seconded the motion and it passed unanimously.
4.2. PUBLIC HEARING on First Reading of Ordinance 14 -01, Series of 2014, An Ordinance Amending
Section 7.24.04o, Table of Allowed Uses and Table 7.24 -1, Allowed Uses, Avon Development
Code to List Medical and Dental Offices and Clinics as a Special Review Use in the Public
Facilities Zone District (Planning Manager Matt Pielsticker)
Councilor Evans and Mayor Pro Tern Goulding recused themselves at this time due to conflict of
interest. A summary of the application was presented by staff; Jill Kovacevich, Doctors Plus, Inc.
Executive Director also provided information about their business and future plans to expanding their
services. The public hearing was opened, no comments were made, the hearing was closed. There was
some discussion about parking, the use of a public facility for this business, and the approval process in
place per the town code. Councilor Wolf moved to approve on first reading Ordinance 14 -01, Series of
2014, An Ordinance Amending Section 7.24.040, Table of Allowed Uses and Table 7.24 -1, Allowed Uses,
Avon Development Code to List Medical and Dental Offices and Clinics as a Special Review Use in the
Public Facilities Zone District. Councilor Reynolds seconded the motion and it passed unanimously by
those present (Evans and Goulding abstained due to conflict of interest).
4.3•First Reading of Ordinance No. 14 -02, Series of 2014, An Ordinance Amending Chapter 2.32 of
the Avon Municipal Code Regarding Residency of Council Members
(Town Attorney Eric Heil)
Avon Council Meeting 01 -14 -2014 Minutes.doc Page 1
Auox
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 14, 2014
AVON TOWN HALL, ONE LAKE STREET
Town Attorney Eric Heil presented a summary of the criteria outlined in the council memo. Amy
Phillips, Avon resident, provided some input about the criteria as well, with some input about using
financial information for proving residency. It was noted that enforcement and review provides
challenges when identifying criteria to use. The ordinance is drafted in an effort narrow and provide
for clear criteria without the need for subjective analysis. Mayor Carroll noted a letter submitted by
Kristi Ferraro, Avon resident, as well as supported by other Avon residents Joe Walker & Laurie Adler.
Mayor Pro Tern Carroll moved to approve Ordinance No. 14 -02, Series of 2014, An Ordinance Amending
Chapter 2.32 of the Avon Municipal Code Regarding Residency of Council Members with revisions as
follows:
2.32.090 was amended to include the phrase "including but not limited to"
2.32.090 was amended to delete (f) participation of the affected member in meetings and
affairs of the Council and Town." As relevant evidence criteria.
Councilor Dantas seconded the motion and it passed unanimously. It was noted the public hearing was
scheduled for January 28, 2014.
4.4• Resolution No. 14 -01, Series of 2014, Resolution Approving the Locations for Posting Notices of
Public Meetings
(Assistant Town Manager /Town Clerk Patty McKenny)
After some discussion there was consensus to include the town's website www.avon.org officially as a
posting location. Councilor Dantas moved to approve Resolution No. 14 -01, Series of 2014, Resolution
Approving the Locations for Posting Notices of Public Meetings; Mayor Pro Tern Goulding seconded
the motion and it passed unanimously.
4.5•Council Appointments to Boards, Committees and Commissions
(Assistant Town Manager /Town Clerk Patty McKenny)
There was some discussion and agreement for setting some criteria for appointments to committees
and boards including a two year appointment that would run with the election cycle. It was also
agreed that the Town Manager would appoint a staff designee only if it were appropriate. There was a
review made of the current appointments with clarification made that Buz Reynolds is serving with
Councilor Fancher and Town Manager on VVF meetings. There was one addition made to include the
Eagle River Fire Protection District on the list. Councilor Dantas moved to approved the appointments
to Boards, Committees and Commissions; Councilor Wolf seconded the motion and it passed
unanimously.
4.6. Minutes from December 10, 2013 Meeting (Town Clerk Patty McKenny)
Councilor Evans moved to approve the December 10 2013 minutes; Councilor Reynolds seconded the
motion and it passed unanimously.
5. WORK SESSION
5.1. Village at Avon Update (Town Attorney Eric Heil)
Town Attorney's update was included in the council packet memo. It was noted that there would need
to be consideration given to extending the outside date again in light of some delays in getting the
bond documents and water tank agreement finalized.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 14, 2014
AVON TOWN HALL, ONE LAKE STREET
5.2. 2014 Council Regular Meeting Schedule
5.2.1. Retreat Date and Potential Agenda Items
5.2.2. Dates to meet with PZC and Eagle County Commissioners
There was some discussion about the meeting schedule, retreat dates and potential agenda items. The
following table reflects the decisions discussed:
2014 Town Council Meeting Dates (the 2nd & 4th Tuesday)
unless otherwise noted
January 14, 2014
July 8, 2014
No meeting this date due to
July 4th Holiday
January 28, 2014
July 22, 2014
February 11,
Retreat to be held at Transit
August 12, 2014
2014
Facility
February 25,
August 26, 2014
2014
March 11, 2014
September 9,
2014
March 25, 2014
Meet with Eagle County
September 23,
Commissioners
2014
April 8, 2014
October 14, 2014
April 22, 2014
October 28, 2014
May 13, 2014
November 11, 2014
May 27, 2014
Tentatively Cancelled pending
November 25,
Swear In New Council
meeting activity
2014
Members
June 10, 2014
Meet with Planning & Zoning
December 9, 2014
Dec includes 5 Tuesdays
Commission
June 24, 2014
December 23,
No meeting in observance
2014
of holidays
5.3- Council Meeting Rules & Procedures (Town Attorney Eric Heil)
The Town Attorney presented a draft of simplified meeting rules and procedures which is an item
referenced in the Town's Charter as reviewed annually at is first organizational meeting. After some
discussion there was agreement to adopt such rules as drafted. This would be presented at the next
meeting for consideration and action.
5.4.Councii and Management Authority for Contracts, Expenditures, Leases and Licenses (Town
Attorney Eric Heil)
The council packet memo outlined both council and management authority for decision making related
to contracts, expenditures, leases and licenses. There was unanimous support of the structure
presented in the memo.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 14, 2014
AVON TOWN HALL, ONE LAKE STREET
5.5• Review and Discussion of Staff Special Topic Presentations (Town Manager Virginia Egger)
There was unanimous support of the topics listed in the memo to present to the town council as time
on meeting allowed.
6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
6.1. EGE Air Alliance Update (Mayor Rich Carroll)
Mayor Carroll presented an update about the flights coming into Eagle Airport.
7. COUNCIL COMMENTS
There was some discussion about the closure of the road to USFS property from upper Wildridge Road.
Staff was asked to continue reviewing the matter to better understand what documents were
executed that impacted the trail closures throughout the year.
8. STAFF UPDATES — REPORTS ONLY
8.1. Police Department Disposition on Forfeited Properties for 2013 (Police Chief Bob Ticer)
APD will purchase jackets with some additional funds provided by their department budget
8.2.Town Code Requirement for Gift Reporting and Disclosure Report (Assistant Town Manager
Patty McKenny)
8.3.Update on US Highway 6 Shoulder Widening (Town Engineer Justin Hildreth)
9. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Councilor Fancher move to meet in Executive session at 7:37 pm to meet to discuss the following items;
Councilor The motion was seconded by Councilor Wolf.
9.1. 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 Municipal Judge
9.2. 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 Dantas, Councilor
Chris Evans, Councilor Jennie Fancher, Mayor Pro Tern Todd Goulding, Councilor Buz Reynolds, Councilor
Wolf, and Town Manager Virginia Egger and Municipal Judge Buck Allen.
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.
1o. Action on Amendment to Town Manager Employment Agreement (Town Manager Virginia Egger)
This item was removed from the agenda.
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V ON"
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 14, 2014
AVON TOWN HALL, ONE LAKE STREET
There being no further business to come before the Council, the regular meeting adjourned after the
executive session adjourned.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
Avon Council Meeting 01 -14 -2014 Minutes.doc Page 5