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TC Minutes 04-12-2016.4Y 1 [ TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 3:18 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Megan Burch, Buz Reynolds, and Jake Wolf. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Police Chief Bob Ticer, Recreation Director John Curutchet, Planning Director Matt Pielsticker, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Mayor Fancher asked to add Resolution 16 -14 in support of Colorado HB 1336 "Concerning the Creation of a Single Geographic Rating Area for Health Insurers to use when Establishing Rates for Individual Health Insurance Plan." Mayor Fancher also asked to add a proclamation honoring Phil Struve's years of service on the Planning and Zoning Commission. The agenda was approved with suggested changes. 3. PUBLIC COMMENT Tom Ruemmler asked to provide additional public comment at 8:30 p.m. David Strandiord and Peter Buckley commented. 4. ACTION ITEMS START TIME: 00:19:47 4.1. MOUNTAIN STAR WATER TANK 4.1.1 PUBLIC HEARING SECOND READING OF ORDINANCE 16 -04, AN ORDINANCE APPROVING THE ANNEXATION OF THE MOUNTAIN STAR TANK PROPERTY TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved to approve Ordinance No. 16 -04 Annexing the Mountain Star Water Storage Tank Site Property on first reading; Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.1.2 PUBLIC HEARING SECOND READING OF ORDINANCE 16 -05, AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND THE ZONING OF THE MOUNTAIN STAR TANK PROPERTY IN THE PUBLIC FACILITIES ZONE DISTRICT TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved to approve second and final reading Ordinance No. 16 -o5 Approving Amendments to the Town of Avon comprehensive plan and rezoning application for the Mountain Star Tank Site Property in the Public Facilities Zone District; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Prince requested a maintenance agreement. Mayor Pro Tern Wolf agreed with the request for a maintenance agreement. Councilor Gennett was absent. 4.1.3 PUBLIC HEARING ON A 1041 PERMIT FOR THE CONSTRUCTION OF THE MOUNTAIN STAR WATER STORAGE TANK PLANNING DIRECTOR MATT PIELSTICKER) FINAL - Avon Council Meeting 04- 12-2oi6 Minutes Page i J/ Avon TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016 AVON TOWN HALL, ONE LAKE STREET Mayor Fancher opened the Public Hearing and no comments were made. Councilor Smith Hymes moved to approve the 1041 Permit for construction of the Mountain Star Water Storage Tank as described in the application materials dated February 12, 2o16, and to strike the year 2016 to add 2017, with the following findings and conditions: Findings 1. The Application was reviewed in accordance with Avon Municipal Code Chapter 7.40, 1041 Regulations, and found to be in conformance with the mandatory review criteria outlined in Matt Pielsticker's Staff Report dated April 12, 2016. Conditions 1. Prior to construction a Grading and /or Building Permit will be obtained from the Community Development Department. 2. Permit is valid from April 15, 2016 to November 15, 2o16. Councilor Reynolds seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.2. RESOLUTION 16 -08 TO SET NUMBER AND LOCATIONS FOR MOBILE VENDOR CARTS IN NOTTINGHAM PARK (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Councilor Reynolds moved to approve Resolution 16 -o8, A Resolution Establishing the Locations for two (2) Mobile Vendor Carts in Harry A. Nottingham Park; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.3.FIRST READING OF ORDINANCE 16 -07, AN ORDINANCE ALLOWING FOOD TRUCKS TO OPERATE ON TOWN RIGHT -OF -WAYS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Councilor Smith Hymes moved to approve Ordinance No. 16 -07, an Ordinance Allowing Food Trucks to Operate on Town Right -of -Ways; Councilor Prince seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.4•FIRST READING OF ORDINANCE 16 -08 AMENDING SECTION 3.98.050(3) OF THE AVON MUNICIPAL CODE TO EXEMPT GOVERNMENTAL INSTITUTIONS FROM SALES TAX ON CONSTRUCTION MATERIALS (TOWN ATTORNEY ERIC HEIL) Councilor Prince moved to approve Ordinance 16 -o8 Amending Section 3.98.050(3) of the Avon Municipal Code to Exempt Governmental Institutions from Sales Tax on Construction Materials on first reading and set a public hearing on May 10, 2016 for second reading; Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.5.PUBLIc HEARING ON RESOLUTION 16 -12 APPROVING A MINOR PUD AMENDMENT TO THE MINERVINI PUD (PLANNING DIRECTOR MATT PIELSTICKER) Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved to approve Resolution 16 -12, A Resolution approving File #PUD16002, an Application for a FINAL - Avon Council Meeting 04- 12 -2o16 Minutes Page 2 Avon r.f�1AU-iADO TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 12, 2016 AVON TOWN HALL, ONE LAKE STREET Minor PUD Amendment to the Minervini PUD; Councilor Prince seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.6. PUBLIC HEARINGS — REVIEW AND ACTION ON RECOMMENDED 2016 AMENDED BUDGETS 4.6.1. RESOLUTION 16 -10 TO AMEND THE 2016 TOWN OF AVON GENERAL, EQUIPMENT REPLACEMENT AND WATER FUNDS BUDGETS (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Councilor Gennett arrived at 4:40 p.m. Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved to approve Resolution 16 -10 to amend the 2016 Town of Avon, General, Equipment Replacement and Water Funds Budgets; Councilor Burch seconded the motion and it passed unanimously by those present. 4.6.2. PRESENTATION OF TOWN OF AVON 2016 CAPITAL PROJECTS UPDATE TOWN ENGINEER JUSTIN HILDRETH) 4.6.3. RESOLUTION 16 -11, TO AMEND THE 2016 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Tab Bonidy and Peter Buckley commented. Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved to approve Resolution 16 -11 to amend the 2016 Town of Avon Capital Projects Fund Budget; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. 4.7.REVIEW AND ACTION ON A CONSTRUCTION CONTRACT FOR THE REGIONAL TRAIL COMPLETION TOWN ENGINEER JUSTIN HILDRETH) Councilor Reynolds moved to authorize issuance of Notice of Award for the Eagle Valley Trail — Beaver Creek to Stonebridge Drive project contract to the low bidder, Ewing Trucking & Construction, LLC, in the amount of $2,189,611; Councilor Burch seconded the motion and it passed unanimously by those present. 4.8. REVIEW AND ACTION FOR A PRE - APPROVAL OF THE METCALF ROAD BIKE CLIMBING LANE TOWN ENGINEER JUSTIN HILDRETH) Councilor Prince moved to preauthorize issuance of Notice of Award for the Metcalf Road Bicycle Climbing Lane Project contract, provided the low bid is within budget, as approved in the Town of Avon 2o16 Capital Projects Fund; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Agenda item addition: Resolution 16 -14 in Support of Colorado H B 1336 "Concerning the Creation of a Single Geographic Rating Area for Health Insurers to use when Establishing Rates for Individual Health Insurance Plan" Peter Buckley commented. FINAL -Avon Council Meeting 04- 12 -2oi6 Minutes Page 3 A on TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAYS APRIL 12, 2016 AVON TOWN HALL, ONE LAKE STREET Councilor Prince moved to approve Resolution 16 -14 in Support of Colorado H 1336 "Concerning the Creation of a Single Geographic Rating Area for Health Insurers to use when Establishing Rates for Individual Health Insurance Plan." Councilor Burch seconded the motion and it passed unanimously by those present 4.9• UPDATE ON VAIL VALLEY TRAILS CONNECTION (RICH CARROLL) 4.10. REVIEW AND ACTION ON A LETTER OF SUPPORT FOR THE VAIL VALLEY TRAILS CONNECTION APPLICATION IN SUPPORT OF AN IM BA RIDE CENTER DESIGNATION (RICH CARROLL) Councilor Burch moved to approve the letter of support for the Vail Valley Trails Connection Application in support of an IMBA Ride Center Designation with Councilor Smith Hymes' edit; Councilor Gennett seconded the motion and it passed unanimously by those present. 4.11. PRESENTATION BY HOLY CROSS ENERGY OF 2015 COMMUNITY ENHANCEMENT FUND REBATE (MANAGER OF MEMBER SERVICE STEVE CASEY) 4.12. INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION MEMBERS (MAYOR JENNIE FANCHER) Martin Golembiewski, Kenneth Howell and John Minervini were appointed for 2 year terms. Jared Barnes was appointed for a 1 year term. 4.13• PUBLIC HEARING SECOND READING OF ORDINANCE 15-11, AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TABLE 7.16 -1 AND SECTION 7.16.060(H)(1) CONCERNING AMENDMENTS TO WILDRIDGE PUD APPLICATIONS (PLANNING DIRECTOR MATTPIELSTICKER) Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved to approve Ordinance 15 -11 (Exhibit A), thereby approving Case #CTA150o1, an application for a code text amendment pertaining to the Wildridge Subdivision, to add a new Section 7.16.o6o(h)(1)(iii) Amendments to Wildridge PUD to the Avon Development Code and edit Table 7.16 -1 accordingly, together with the findings of fact; Councilor Prince seconded the motion and it passed on a 4 to 3 vote. Councilor Burch, Councilor Gennett and Mayor Pro Tern Wolf voted no. 4.14• PUBLIC HEARING SECOND READING OF ORDINANCE 16 -o6, APPROVING A PURCHASE AND SALE AGREEMENT OF THE PHASE 113 OFFICE BUILDING, MOUNTAIN VISTA RESORT SUBDIVISION (TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the Public Hearing and Tab Bonidy, Peter Buckley, Kenneth Powell and Clark Shively commented. Councilor Reynolds moved to approve second and final reading of Ordinance 16 -o6 Approving the Purchase and Sale Agreement for Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Colorado; Mayor Pro Tern Wolf seconded the motion and it passed on a 5 to 2 vote. Councilor Prince and Councilor Gennett voted no. FINAL - Avon Council Meeting 04- 12 -2oi6 Minutes Page 4 rl ,, AV o f 1 -4 ,' Q TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL I2, 2016 AVON TOWN HALL, ONE LAKE STREET 4.15.PUBLIC HEARING SECOND READING OF ORDINANCE 16 -o3, AMENDING CHAPTER 3.o8 OF THE AVON MUNICIPAL CODE TO ENACT SECTION 3.08.037 TO PROVIDE A TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION OF RENEWABLE ENERGY COMPONENTS TOWN ENGINEER JUSTIN HILDRETH) Mayor Fancher opened the Public Hearing and no comments were made. Councilor Prince moved to move to approve Ordinance 16 -03, An Ordinance Amending Chapter 3.o8 of the Avon Municipal Code to Enact Section 3.o8.037 to provide a Temporary Sales Tax Credit for the Components for Production of Energy from Renewable Sources and a waiver of planning review and building permit fees for renewable energy projects. Councilor Prince also moved to make the credit effective on April 13, 2016; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. 4.16. CONSENT AGENDA START TIME: 06:02:19 4.16.1. RESOLUTION 16 -13, DELEGATING AUTHORITY TO APPOINT ELECTION JUDGES TO THE AVON TOWN CLERK TOWN CLERK DEBBIE HOPPE) 4.16.2. APPROVAL OF BUS PURCHASE AGREEMENT BETWEEN THE TOWN OF AVON AND GILLIG, LLC TRANSIT DIRECTOR JANE BURDEN) 4.16.3. MINUTES FROM MARCH 22, 2016 MEETING TOWN CLERK DEBBIE HOPPE) Councilor Burch moved to approve the Consent Agenda; Councilor Gennett seconded the motion and it passed unanimously by those present. WRITTEN REPORTS 5.1.2016 -17 TOWN AVON STRATEGIC PLAN QUARTERLY UPDATE ( TOWN MANAGER VIRGINIA C. EGGER) 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1.AFFORDABLE HOUSING BOARD UPDATE (COUNCILOR MEGAN BURCH) 7. MAYOR & COUNCIL COMMENTS FINAL - Avon Council Meeting 04- 12 -2oi6 Minutes Page 5 Avo n C0L 1 > TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, APRIL 112,2o16 AVON TOWN HALL, ONE LAKE STREET 8. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:25 p.m. APPROVED: Jennie Fancher Jake Wolf Matt Gennett Megan Burch Albert "Buz" Reynolds Scott Prince Sarah Smith Hymes RESPECTFULLY SUBMITTED: E),2 I h-� q::ao og=:� Debbie Hoppe, Town dleryk FINAL - Avon Council Meeting 04- 12 -2oi6 Minutes Page 6