TC Minutes 05-13-2014J
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY MAY 13, 2014
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Rich Carroll called the meeting to order at 5:19 p.m. A roll call was taken and Councilors present were
Jennie Fancher, Buz Reynolds, Todd Goulding, Chris Evans, and Jake Wolf via cell phone. Dave Dantas was
not present. After discussion with the Town Attorney, due to an absence in the Town's policy regarding a
Councilor's participation via cell phone; the consensus of the Council was to have Jake Wolf not participate
via cell phone and Councilor Wolf remained absent from the meeting.
Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Records Administrator/
Deputy Town Clerk Richelle Curran, Assistant Town Manager Scott Wright, Planning Manager Matt
Pielsticker, Director of Economic Initiatives Susan Fairweather, as well as members from the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
4. ACTION ITEMS
4.1. PRESENTATION AND COUNCIL ACCEPTANCE BY MOTION AND VOTE OF THE 2013 YEAR END AUDIT
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Councilor Fancher motioned to approve the 2013 Year -end Audit; Councilor Goulding seconded the
motion, and it passed unanimously by those present. (Councilor Dantas, and Councilor Wolf absent)
5. WORK SESSION
5.1. REVIEW AND DIRECTION TO AMEND WILDRIDGE PUD TO ALLOW SHORTTERM RENTALS DURING THE 2015 WASC
(PLANNING MANAGER MATT PIELSTICKER)
Council directed Town staff to permit a Minor PUD amendment for short term rentals in Wildridge only from
February 2nd -15th, 2015 during the WASC.
6. ACTION ITEMS
6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 14 -06 AN ORDINANCE AMENDING SECTION 5.04.45,
SECTION 7.08.010, AND TABLE 7.24 -01 OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA
ESTABLISHMENTS AND MARIJUANA CLUBS (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER)
Councilor Goulding motioned to approve Ordinance 14 -o6; Councilor Evans seconded the motion, and it
passed unanimously by those present. (Councilor Dantas and Councilor Wolf absent)
6.2 REVIEW AND COUNCIL DIRECTION ON GENERAL, WATER, TRANSIT, FLEET AND WATER FUND BUDGETS & ESTIMATED
CAPITAL PROJECTS FUNDING SOURCES
(ASSISTANTTOWN MANAGER SCOTT WRIGHT & TOWN MANAGER VIRGINIA EGGER)
Council agreed to schedule a site walk of the Eagle Valley Trail Project to confirm priority and
understanding of Phase I, Phase II, and Phase III construction plans and costs.
FINAL -Avon Council Meeting 05 -13 -2014 Minutes Page 1
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY MAY 13, 2014
AVON TOWN HALL, ONE LAKE STREET
6.3 ACTION ON A PROFESSIONAL SERVICES AGREEMENT WITH MOMENTUM FORTH E CONSTRUCTION OF MOUNTAIN BIKE
TRAILS IN WILD RIDGE AND THE WEST AVON PRESERVE
(PLANNING MANAGER MATT PIELSTICKER)
Mayor Carroll opened the discussion to the public for their comments, and the following commented: Bob
Mender, Angelo Loera, John Ship, Greta Brettmyer, Darcy Buster, Glen Wyse, Peter Warren, Charlie
Sherwood, John Thierfelder, Paula O'Leary, Larry Davis, Lee Ryenol, Das Wilson, Jake Wells, Michelle Wolf,
Ron Grubber, Brett Donaldson, Jack Gardner, Dave Bosar, Jason Russell, Grant Smith, Jared Sal, Keith Wyse,
Pat Campbell, Rick Smith, Ryan Hoyt, John Maeve, Bev Benjamin, and Scott Gunn.
Councilor Goulding moved to approve the construction of the mountain bike trails in Wildridge and the West
Avon Preserve; Councilor Reynolds seconded the motion, and it was passed unanimously by those present.
(Councilor Dantas and Councilor Wolf absent)
6.4 AVON LOGO & TAGLINE APPROVAL
(ECONOMIC DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER)
Due to the absence of Councilor Dantas and Councilor Wolf, whose input the Council wanted to hear,
the Council asked that this item be placed again on the May 27, 2014, meeting; no action was taken.
6.2 PUBLIC HEARING AND ACTION ON AMPLIFIED SOUND PERMIT WITH A REQUEST BY VAIL VALLEY CHARITABLE
FUNDS TO EXTEND THE HOURS OF AMPLIFIED SOUND IN NOTTINGHAM PARK JUNE 11, 2014, FOR THE RIDE THE
ROCKIES -EVENT MANAGER MAREN CERIMELE (DEPUTY TOWN CLERK RICHELLE CURRAN)
Mayor Carroll opened the Public Hearing, no comments were made. Councilor Evans moved to
approve the amplified sound permit; Councilor Reynolds seconded the motion, and it was approved
unanimously by those present. (Councilor Dantas and Councilor Wolf absent)
6.3 ACTION ON A RESOLUTION APPROVING A RESTRICTIVE COVENANT AGREEMENT FOR LOT 5, FILING 1,
VILLAGE (AT AVON), TOWN OF AVON, COLORADO (TOWN ATTORNEY ERIC HEIL)
Council took no action on Resolution 14 -10.
6.4 MINUTES FROM APRIL 22, 2014 MEETING (DEPUTY TOWN CLERK RICHELLE CURRAN)
Councilor Evans moved to approve the minutes from April 22, 2014; Councilor Goulding seconded the
motion, and it passed unanimously by those present. (Councilor Dantas and Councilor Wolf absent)
WRITTEN REPORTS
7.1. COLORADO CREATIVE INDUSTRIES SUMMIT RECAP (COUNCILORJENNIE FANCHER)
Councilor Fancher updated the Council on the Colorado District Certification Program. The Town of
Avon will be notified June 16, 2014, about whether Avon's candidacy application is approved.
8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
8.1. UERWA MEETING UPDATE ( MAYOR PRO TEAM TODD GOULDING)
8.2. MAYOR & MANAGERS MEETING UPDATE ( MAYOR RICH CARROLL)
8.3. CREATIVE DISTRICT SUMMIT UPDATE ( COUNCILOR JENNIE FANCHER)
FINAL -Avon Council Meeting 05 -13 -2014 Minutes Page 2
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY MAY 13, 2014
AVON TOWN HALL, ONE LAKE STREET
9. COUNCIL COMMENTS
10. MAYOR REPORT AND FUTURE AGENDA ITEM
11. EXECUTIVE SESSION: (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Mayor Carroll moved to meet in Executive Session at 1o:o8pm to discuss the following items; the
motion was seconded by Councilor Goulding.
11.1. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING THE
MOUNTAIN STAR WATER SYSTEM UNDER C.R.S. §24- 6- 402(2)(B);
11.2. TO DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY
INTEREST UNDER C.R.S. §24- 6- 402(2)(A) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE
OF RECEIVING LEGAL ADVICE RELATED TO SUCH PROPERTY INTEREST UNDER C.R.S. §24- 6- 402(2)(B);
11.3. FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAYBE SUBJECT TO NEGOTIATIONS,
DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24- 6- 402(2)(E)
AND FORA CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING
THE WATER AUTHORITY WATER MASTER AGREEMENT
11.4. FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAYBE SUBJECT TO NEGOTIATIONS,
DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24- 6- 402(2)(E)
AND FORA CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGALADVICE REGARDING
EAGLE AIR ALLIANCE
11.5. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S.
§24- 6- 402(2)(B) REGARDING THE VILLAGE (AT AVON) LITIGATION SETTLEMENT
Mayor Carroll stated the following people were present: Buz Reynolds, Chris Evans, Jennie Fancher, Todd
Goulding, Virginia Egger and Eric Heil. He also stated, "That all persons must confine the discussion to the
purposes of the Executive Session. If at any time during the Executive Session anyone believes that the
discussion does not concern the topic and purpose of the Executive Session, please raise your objection
immediately."
At 11:27p.m. Councilor Reynolds made a motion to end the Executive Session; seconded by Councilor
Evans, and it was approved unanimously. (Councilor Dantas and Councilor Wolf were absent)
Mayor Carroll stated the Regular Session was now reconvened and 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 his or her objection at this time. He then said, "Hearing no objections, the
meeting would proceed to any remaining business."
A motion was made by Mayor Pro Tern Goulding to approve a Motion to Dismiss with Prejudice and
General Release for the Village (at Avon) litigation as presented by the Town Attorney; seconded by
Councilor Evans and it was approved unanimously.
There being no further business to come before the Council the meeting adjourned at 11:29 P.M.
FINAL -Avon Council Meeting 05 -13 -2014 Minutes Page 3
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
TOWN OF AVON COLORADO
AVON MEETING MINUTES FOR TUESDAY MAY 13, 2014
AVON TOWN HALL, ONE LAKE STREET
RESPECTFULLX SUBMITTED:
Richelle Curran, Deputy Town Clerk
FINAL -Avon Council Meeting 05 -13 -2014 Minutes page 4