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TC Minutes 08-12-2014,ovo n TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 4:0o pm at the Regional Transit Operations Facility. A roll call was taken and Council members present were Chris Evans, Matt Gennett, Dave Dantas, Jennie Fancher, Jake Wolf and Buz Reynolds. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Director of Finance Scott Wright and Executive Assistant Preston Neill. 2. WORK SESSION 2.1. COUNCIL PRIORITIES FOR WORK TO BE COMPLETED PRIOR TO NOVEMBER 26, 2014 2.2. DRAFT 2015 -16 STRATEGIC PLAN 2.3. COMMUNICATION PROTOCOLS Councilor Reynolds moved to meet in Executive Session at 4:52 p.m. for a conference with the Town Attorney to receive Legal Advise under CRS 24- 6- 402(2)(b) and to discuss the purchase, acquisition, lease, transfer or Sale of Real, Personal or other Property Interest Under CRS 24- 6- 204(2)(a). Councilor Wolf seconded the motion and it passed unanimously. Councilor Dantas moved to end Executive Session; Councilor Wolf seconded the motion and it passed unanimously. Executive Session adjourned at 6:07 p.m. 3. ADJOURN TO AVON TOWN HALL COUNCIL CHAMBERS AT 6:15 PM 4. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 6:4o pm. A roll call was taken and Council members present were Jake Wolf, Buz Reynolds, Matt Gennett, Jennie Fancher, Chris Evans, and Dave Dantas. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Director of Finance Scott Wright, Director of Economic Initiatives Susan Fairweather, Executive Assistant Preston Neill and Town Clerk Debbie Hoppe as well as members from the public. 5. APPROVAL OF AGENDA There were no changes to the agenda. 6. PUBLIC COMMENT Avo n TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET 7. WORK SESSION 7.1. FUNDING PLAN AND BALLOT ISSUE FOR RECREATION CENTER/IMPROVEMENTS AT NOTTINGHAM PARK (PARKS AND RECREATION DIRECTOR JOHN CURUTCHET & DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) Comments were made by Dee Wisor. 8. ACTION ITEMS 8.1. PUBLIC HEARING ON RESOLUTION 14 -13, SERIES OF 2014, A RESOLUTION DENYING THE MINOR PUD AMENDMENTTO PERMIT SHORT TERM RENTALS DURING THE 2015 AWSC IN THE WILDRIDGE SUBDIVISION (PLANNING MANAGER MATT PIELSTICKER) Mayor Carroll opened the discussion to the public for their comments, and the following commented: Brent Schoen and Scott Blackett. Councilor Evans moved to approve Resolution 14 -13, Series of 2014, A Resolution Denying the Minor PUD Amendment to permit Short Term Rentals during the 2015 AWSC in the Wildridge Subdivision; Councilor Gennett seconded the motion and it passed 5 to 2, with Councilor Dantas and Mayor Pro Tern Fancher voting no. 8.2. PUBLIC HEARING SECOND READING OF ORDINANCE 14 -13 APPROVING THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN -OWNED RIGHT -OF -WAY AND PROPERTY AT CHRISTY SPORTS FOR DEVELOPMENT OF ADDITIONAL PUBLIC PARKING (TOWN MANAGER VIRGINIA EGGER) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to continue to August 26th Ordinance 14 -13 Approving the Grant of a Revocable Encroachment License to Install, Construct and Maintain Private Improvements on Town -Owned Right -of -Way and Property at Christy Sports for Development of Additional Public Parking; Mayor Pro Tern Fancher seconded the motion and it passed 6 to 1, with Councilor Reynolds voting no. 8.3. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 14 -09, SERIES OF 2014, AN ORDINANCE AMENDING AVON MUNICIPAL CODE SECTION 7.16.080 (D) & 7.16.090(D), PUBLIC HEARINGS FOR DESIGN AND DEVELOPMENT REVIEW APPLICATIONS (PLANNER BRIAN GARNER) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Evans moved to approve Ordinance No. 14 -09, Series of 2014, An Ordinance Amending Avon Municipal Code Section 7.16.o8o (d) & 7.16.o9o(d), Public Hearings for Design and Development Review Applications; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. 8.4. DIRECTION REGARDING A REQUEST FOR A REVOCABLE ENCROACHMENT LICENSE AGREEMENT WITH HOFFMANN COMMERCIAL PROPERTIES FOR THE CONSTRUCTION AND ON -GOING MAINTENANCE OFA PEDESTAL AND BRONZE SCULPTURE IN HURD LANE RIGHT -OF -WAY (PLANNING MANAGER MATT PIELSTICKER) Councilor Gennett moved to give Hoffmann Commercial Properties direction that Council does not want to see the sculpture on Town property as proposed; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. Page 2 Avo n ; TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET 8.5. ACTION ON A MEMORANDUM OF UNDERSTANDING WITH CDOT FOR MAINTENANCE OF CDOT SIDEWALK IMPROVEMENTS ASSOCIATED WITH BIKE LANE ADDITIONS ON US6 (TOWN ENGINEER JUSTIN HILDRETH) Councilor Dantas moved to approve a Memorandum of Understanding with CDOT for Maintenance of CDOT Sidewalk Improvements Associated with Bike Lane Additions on US6; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. 8.6. ACTION OF INTERGOVERNMENTAL AGREEMENT FOR THE EAGLE-VAIL RECREATIONAL TRAIL PROJECT (TOWN ENGINEERJUSTIN HILDRETH) Mayor Pro Tern Fancher moved to approve Action of Intergovernmental Agreement for the Eagle -Vail Recreational Trail Project; Councilor Evans seconded the motion, and it was approved unanimously by those present. 8.7. PUBLIC HEARING ON SECOND READING OF ORDINANCE NO. 14 -11, SERIES OF 2014, AN ORDINANCE APPROVING THE DEED OF EASEMENT FOR A PARCEL OF LAND, PE -1 AND PE -2, LOCATED AT LOT 1, RIVERSIDE, TOWN OF AVON, COLORADO FOR CONSTRUCTION OF THE EAGLE VALLEY TRAIL (TOWN ENGINEER JUSTIN HILDRETH) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to approve ORDINANCE N0. 14 -11, SERIES OF 2014, An Ordinance Approving the Deed of Easement for a Parcel of Land, PE -1 and PE -2, Located at Lot 1, Riverside, Town of Avon, Colorado For Construction of the Eagle Valley Trail Resolution 14 -13, Series of 2014; Councilor Gennett seconded the motion, and it was approved unanimously by those present. 8.8. PUBLIC HEARING ON SECOND READING OF ORDINANCE NO. 14 -12, SERIES OF 2014, AN ORDINANCE APPROVING THE DEED OF EASEMENT FOR A PARCEL OF LAND, LOCATED AT LOT 2, RIVERSIDE AND LOT 1, EAGLE RIVER AT AVON, TOWN OF AVON FOR THE PURPOSE OF CONSTRUCTING THE EAGLE VALLEY TRAIL (TOWN ENGINEER JUSTIN HILDRETH) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to approve Ordinance No. 14 -12, Series of 2014, An Ordinance Approving the Deed of Easement for a Parcel of Land, Located at Lot 2, Riverside and Lot 1, Eagle River at Avon, Town of Avon for the Purpose of Constructing the Eagle Valley Trail; Councilor Dantas seconded the motion, and it was approved unanimously by those present. 8.9. PUBLIC HEARING RESOLUTION No. 14 -16 APPROVING THE THIRD AMENDMENT TO WATER SERVICE AGREEMENT (TOWN ENGINEER JUSTIN HILDRETH) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Reynolds moved to approve Resolution No. 14-16 Approving the Third Amendment to Water Service; Councilor Dantas seconded the motion, and it was approved unanimously by those present. (Councilor Evans recused himself.) Page 3 Avo n , -)LC +ACG TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET 8.10. PUBLIC HEARING RESOLUTION NO. 2014 -17 AMENDING THE GENERAL FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to approve Resolution No. 2014 -17, a Resolution Amending the General Fund Budget; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. 8.11. ACTION TO APPROPRIATE $37,125 FOR CONSTRUCTION OF THE 2.15 MILE WILD WEST TRAIL FROM THE UNENCUMBERED FUND BALANCE OF THE CAPITAL IMPROVEMENT FUND (TOWN MANAGER VIRGINIA EGGER) Eric Alexander commented. Council agreed to bring back with a finalized amount. 8.12. ACTION ITEMS ASSOCIATED WITH CERTIFICATES OF PARTICIPATION FOR NOTTINGHAM PARK PAVILION (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 8.12.1. APPROVAL OF ENGAGEMENT LETTER WITH BUTLER SNOW LLP AS BOND COUNSEL Mayor Pro Tern Fancher moved to approve Engagement Letter with Butler Snow LLP as Bond Council; Councilor Wolf seconded the motion, and it was approved unanimously by those present. (Councilor Evans recused himself.) 8.12.2. APPROVAL OF PRIVATE PLACEMENT ENGAGEMENT LETTER WITH PIPER JAFFREY Mayor Pro Tern Fancher moved to approve Private Placement of engagement letter with Piper Jaffrey; Council Wolf seconded the motion, and it was approved unanimously by those present. (Councilor Evans recused himself.) 8.12.3. RESOLUTION 14 -18 REIMBURSING THE CAPITAL IMPROVEMENT FUND FROM CERTIFICATES OF PARTICIPATION PROCEEDS FOR THE NOTTINGHAM PARK PAVILION Mayor Pro Tern Fancher moved to approve Resolution 14 -18 Reimbursing the Capital Improvement Fund from Certificates of Participation Proceeds for the Nottingham Park Pavilion; Council Wolf seconded the motion, and it was approved unanimously by those present. (Councilor Evans recused himself.) 8.13. ACTION ON IGA WITH EAGLE COUNTY CONCERNING ADMINISTRATION AND CONDUCT OF NOVEMBER 4, 2014, GENERAL MAIL BALLOT ELECTION (TOWN CLERK DEBBIE HOPPE) Councilor Gennett moved to approve an IGA with Eagle County Concerning Administration and Conduct of November 4, 2014, General Mail Ballot Election; Councilor Wolf seconded the motion, and it was approved unanimously by those present. 8.14. MINUTES FROM JULY 22, 2014 MEETING (TOWN CLERK DEBBIE HOPPE) Page 4 A Avon COLORADO TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET Councilor Wolf moved to approve the minutes; Councilor Evans seconded the motion and it passed unanimously by those present. 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 10. COUNCIL COMMENTS Councilor Wolf asked for help to construct a couple of elements for Man on the Cliff. Mayor Carroll presented a plaque from Walking Mountains Science Center for a donation made by the Town of Avon. 11. MAYOR REPORT AND FUTURE AGENDA ITEMS 12. EXECUTIVE SESSION 12.1. DISCUSSION TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND /OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6 - 402(2)(E) RELATED TO THE UPPER EAGLE REGIONAL WATER AUTHORITY MASTER AGREEMENT Mayor Pro Tern Fancher moved to meet in Executive Session at 9:19 p.m. to Discussion to Determine Positions relative to Matters that may be subject to Negotiations, Developing Strategy For Negotiations, and /or Instructing Negotiators, under C.R.S. §24- 6- 402(2)(e) related to the Upper Eagle Regional Water Authority Master Agreement; Councilor Gennett seconded the motion and it passed unanimously. Executive Session adjourned at 9:25 p.m. 13. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:25 pm. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Albert "Buz" Reynolds Jake Wolf Matt Gennett RESPECTFULLY SUBMITTED: too D Debbie Hoppe, To Clerk Page 5