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TC Minutes 08-26-2014,ovo n .. '.DL U 1A U0 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 26, 2014 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Pro Tern Fancher called the meeting to order at 4:00 pm at the Swift Gulch conference room. A roll call was taken and Council members present were Buz Reynolds, Matt Gennett, Dave Dantas, Jake Wolf and Chris Evans. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, and Executive Assistant Preston Neill. (Mayor Carroll arrived late.) 2. WORK SESSION 2.1. DRAFT 2015 -16 STRATEGIC PLAN 2.2. COMMUNICATION PROTOCOLS 3. ADJOURN TO AVON TOWN HALL COUNCIL CHAMBERS AT 6:oo PM 4. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 6:25 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, Assistant Town Manager Scott Wright, 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 Michael Cacioppo, Wayne Hanson, Betty Todd and Tom Beaver commented. 7. ACTION ITEMS 7.1. PUBLIC HEARING ON APPEAL, IN ACCORDANCE WITH AVON MUNICIPAL CODE §7.16.160, APPEALS, FOR A PZC DECISION TO DENY A MINOR DEVELOPMENT PLAN APPLICATION FOR 230 AND 245 CHAPEL PLACE, CHAPEL SQUARE SUBDIVISION — HOFFMANN COMMERCIAL REAL ESTATE (PLANNING MANAGER MATT PIELSTICKER) Mayor Carroll opened the Public Hearing and the following persons commented: Jeff Meier, Wayne Hanson, Bette Todd, and Todd Frye. Councilor Dantas moved to meet in Executive Session at 7:18 pm 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 Hoffmann Commercial Real Estate Minor Development Plan appeal; Councilor Reynolds seconded the motion and it passed unanimously by those present. Pagel ,ovo n ::0L L; 'i AUU TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 26, 2014 AVON TOWN HALL, ONE LAKE STREET Councilor Reynolds moved to end Executive Session; Councilor Wolf seconded the motion and it passed unanimously. Executive Session adjourned at 7:55 pm. Councilor Gennett moved to uphold the Planning and Zoning Commission Decision to deny the Appeal Application and made the following findings: 1. The Avon Town Council considered the Planning and Zoning Commission's decision made on May 6, 2014; considered the application materials; considered all correspondence between the Applicant and Town Staff; considered written comments in the Council packet; and all public testimony at the public hearings; and 2. The Application does not comply with §7.16.ogo(f)(1), Design Review, which reads "The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole "; 3. The Avon Town Council finds that the "surrounding community" includes Buildings A, B, and C of the Chapel Square PUD; and 4. The architectural style of this design element (shutters and exterior doors) is not representative of the contemporary architectural style of the buildings; and 5. By only adding this design element to Buildings A and C, Buildings A, B, and C would not have a consistent architectural style; and 6. The Avon Town Council has considered the applicable review criteria contained in §7.16.o8o(f), Development Plan, Avon Municipal Code, and finds that the application does not comply with §7.16.o80(f)(4); specifically the building elevations as proposed are not "consistent with a previously approved... planned development, or any other precedent plan or land use approval for the property." Councilor Wolf seconded the motion and it passed unanimously by those present. Councilor Dantas left meeting at 9:20 pm and did not return. 7.2. 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 — CONTINUED FROM AUGUST 12, 2014 MEETING (TOWN MANAGER VIRGINIA EGGER) Mayor Carroll opened the Public Hearing, no comments were made. Mayor Carroll moved to continue Public Hearing Second Reading of Ordinance 14 -13 to the September 9th meeting; Councilor Evans seconded the motion and it passed unanimously by those present. (Councilor Dantas was absent.) 7.3. RESOLUTION N0. 14 -20, SERIES OF 2014, REFERRING A BALLOT QUESTION FOR THE RECREATION CENTER EXPANSION AND REFURBISHMENT AND ASSOCIATED SURFACE PARKING (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Page 2 ,ovo n TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 26, 2014 AVON TOWN HALL, ONE LAKE STREET Council Members are not in favor of a Ballot Question for the Recreation Center Expansion and Refurbishment and associated Surface Parking at this November's election and no action was taken. 7.4. REVIEWAND DIRECTION ON RESPONSES TO PAVILION FINANCING TERM SHEET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 7.3. REVIEW OF FAIR CAMPAIGN PRACTICES TOWN ATTORNEY ERIC HEIL) 7.6. ACTION ON PURCHASE AND SERVICE AGREEMENT FOR KRONOS TIME KEEPING SYSTEM (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Mayor Pro Tern Fancher moved to approve Action on Purchase and Service Agreement for KRONOS Time Keeping System; Councilor Evans seconded the motion, and it was approved unanimously by those present. 7.7. MINUTES FROM AUGUST 12, 2014 MEETING TOWN CLERK DEBBIE HOPPE) Mayor Carroll asked to make a change under Call to Order and Roll Call to insert `at the Swift Gulch Conference Room'. Councilor Evans moved to approve the Minutes as modified by Mayor Carroll; Councilor Wolf seconded the motion and it passed unanimously by those present. 8. WORK SESSION 8.1. UPDATE ON METCALF ROAD BIKE CLIMBING LANE CONSTRUCTION COSTS AND SCHEDULE TOWN ENGINEERJUSTIN HILDRETH) 8.2. REVIEW AND DIRECTION REGARDING RULES AND REGULATIONS IN THE WEST AVON PRESERVE PLANNING MANAGER MATT PIELSTICKER) Prentice & Carol O'Leary, Mary Ann Scherpf, and Lisa Curry commented. 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 10. COUNCIL COMMENTS 11. MAYOR REPORT AND FUTURE AGENDA ITEMS 12. WRITTEN REPORTS 12.1. FINANCIAL REPORT 13. EXECUTIVE SESSION 13.1. 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 Page 3 Avo n TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 26, 2014 AVON TOWN HALL, ONE LAKE STREET Mayor Pro Tern Fancher moved to meet in Executive Session at 1o:41 pm for a 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 by those present. Councilor Evans moved to end Executive Session; Councilor Wolf seconded the motion and it passed unanimously. Executive Session adjourned at 10:59 pm. 14. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 11:oo pm. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Albert "Buz" Reynolds Jake Wolf Matt Gennett RESPECTFULLY SU ITTED: Debbie Hoppe, Town Urk Page 4