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TC Minutes 09-12-2017Avo n 1, TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:05 p.m. A roll call was taken and Council members present were Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips, Megan Burch and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Deputy Police Chief Coby Cosper, Recreation Director John Curutchet, Deputy Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. MEETING PROCEDURES FOR THE MEETING OF SEPTEMBER 12, 2017 4. PUBLIC COMMENT- COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 05:10 Steve Coyer recommended Council pass a statement of support for Deferred Action for Childhood Arrivals (DACA) participants. Michael Cacioppo spoke against a statement of support for DACA participants. ACTION ITEMS Start time: 11:58 5.1. FIRST READING OF ORDINANCE 17-08, ADOPTING A NEW CHAPTER 8.38 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND PROVIDING FORTHE COLLECTION AND DESIGNATION OF SUCH FEE (DEPUTYTOWN MANAGER PRESTON NEILL) Michael Cacioppo spoke against the plastic bag ban. Rob Gunther, Walter Dandy, Hannah Irwin, Peter Suneson, Bob Moroney, Maria DeSimone, Kory Pryor, Tanner Pryor, Chad Steele and Kya spoke in favor of the plastic bag ban. Ronda Neiderhauser, Charles Frey and Tom Beaver expressed that they have a concern about the proposed $o.10 fee on paper bags. Shawn Bruckman with Vail Honeywagon spoke on behalf of Vail Honeywagon. She offered various facts about recycling. Councilor Gennett moved to approve first reading of Ordinance 17-08, with modifications thereby adopting a new Chapter 8.38 of Title 8 of the Avon Municipal Code establishing disposable bag requirements, including a disposable paper bag fee and not providing for the collection and designation of such fee. The modifications are as follows: • Enact a ban on plastic bags but roll it out to all retailers at the same time. • Make the effective date May 1, 2o18. • Impose a $o.10 fee on each paper bag consumed at the point of sale, but the entirety of the revenue collected from the fee will remain with the retailers and no portion shall be remitted to the Town. Page 1 Avon COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAYS SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET Councilor Wolf seconded the motion and it passed with a vote of 6 to 1. Councilor Burch voted no. 5.2. FIRST READING OF ORDINANCE 17-1o, ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING PROVISIONS REGARDING BAN ON USE OF POLYSTYRENE FOAM (DEPUTY TOWN MANAGER PRESTON NEI LL) Start time: 135:39 Mayor Pro Tem Smith Hymes moved to continue first reading of Ordinance 17-10, thereby adopting a new Chapter 8.40 of Title 8 of the Avon Municipal Code establishing provisions regarding ban on use of polystyrene foam, to March 13, 2018. Councilor Phillips seconded the motion and it passed with a vote of 5 to 2. Councilor Prince and Councilor Wolf voted no. Direction was provided to staff to conduct a large amount of public outreach leading up to the March 13, 2o18 Council meeting and to hold a work session on the Reduce, Reuse, Recycle campaign. Direction was also given to make the Ordinance reflect that the ban would only apply to food that is sold and not apply to meals that are given away or donated. 5.3. PUBLIC HEARING SECOND READING OF ORDINANCE 17-12, AMENDING THE TOWN'S LANDSCAPE CODE (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 146:51 Mayor Fancher opened the public hearing for comments. Derek George asked a question related to irrigation. Councilor Phillips moved to approve second reading of Ordinance 17-12, thereby approving Title 7: Development Code Amendments; and Title 8: Health and Safety Amendments. Councilor Gennett seconded the motion and it passed unanimously by Council members present. 5.4.PUBLIc HEARING SECOND READING OF ORDINANCE 17-11, ANNEXING THE EASTAVON PRESERVE (TOWN ATTORNEY ERIC HEIL) Start Time: 15153 Mayor Fancher opened the public hearing and there were no comments made. Councilor Gennett moved to approve second and final reading of Ordinance 17-11, annexing the East Avon Preserve. Councilor Phillips seconded the motion and it passed unanimously by Council members present. 5.5• PUBLIC HEARING SECOND READING OF ORDINANCE 17-13, APPROVING PUBLIC FACILITIES AND PARKS ZONING FOR THE EASTAVON PRESERVE (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 152:46 Mayor Fancher opened the public hearing and there were no comments made. Mayor Pro Tem Smith Hymes moved to approve Ordinance 2017-13 (Attachment A), thereby approving PF and P zoning for the East Avon Preserve property. Councilor Gennett seconded the Page 2 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET motion and it passed unanimously by Council members present. 5.6. APPROVAL OF MINUTES FROM AUGUST 22, 2017 COUNCIL MEETING Start time: 15353 Councilor Burch moved to approve the August 22, 2017 minutes. Councilor Wolf seconded the motion and it passed with a vote of 6. Mayor Pro Tem Smith Hymes abstained from the vote. 6. WORK SESSION COUNCIL DISCUSSION REGARDING WHETHER TO PROVIDE DIRECTION TO THE PLANNING & ZONING COMMISSION TO EXPAND THE SHORT TERM RENTAL OVERLAY DISTRICT TO RESIDENTIAL UNITS ALONG NOTTINGHAM ROAD (PLANNING DIRECTOR MATT PIELSTICKER) Start time: 15423 The majority of Council agreed to initiate the outreach process and rezoning application to expand the Short Term Rental (STR) Overlay District to Nottingham Road residential properties. Nancy Adam and Russell Granger spoke in opposition of expanding the STR Overlay District to Nottingham Road. Kevin Hyatt, Derek George, Sye Curtis, Michael Cacioppo, Erin Green and Steve Smith spoke in favor of expanding the STR Overlay District to Nottingham Road. 7. WRITTEN REPORTS 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start Time: 19938 Councilor Phillips gave an update on the EGE Air Alliance and announced that the EGE Air Alliance is in the process of finalizing year round daily flights to Dallas. Mayor Pro Tem Smith Hymes updated Council on her attendance of the Water 1o1 Workshop. She also expressed her support for completing the white water park renovation sooner rather than later. Councilor Prince gave an update about his attendance at the Eagle County Home Buyer Assistance Committee meeting. He said the minimum loan amount from the loan fund has changed from $10,000 to $15,0oo. He also gave an update for the Vail Valley Trials Connection. He said that next month the International Mountain Bike Association (IMBA) will be in town to judge us as destination community. Mayor Fancher talked about the Zagster movement and said she would like to see the program extended beyond Avon. She also talked about affordable housing, the upcoming broadband ballot question, and CareerWise. Councilor Burch gave an update on Eagle County's ballot question that will ask voters if they are willing to add local sales and excise taxes to local marijuana retail sales and cultivation and spend as much as $1.2 million of that new tax money on mental health programs. Page 3 Vn COLC3G@AVQ TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, SEPTEMBER 12, 2017 AVON TOWN HALL, ONE LAKE STREET Councilor Wolf said he went on a tour of the Eagle County Materials Recovery Facility (MRF) and it was very informative. He also gave thanks to Officer Jeff Briggs for his service to the Avon community. Lastly, he gave an update about the Ad Hoc Special Events Committee meeting and how there are 2017 funding requests from the Vail Valley Foundation for the Birds of Prey event, and from Man of the Cliff for their Man of the Cliff event. Mayor Fancher said she recommends discussing the funding for Birds of Prey and Man of the Cliff at the next Council meeting on Tuesday, September 26tH Michael Cacioppo asked if the Eagle County marijuana tax will apply to medical marijuana. Council responded that it will only apply to recreational marijuana. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. The time was 8:57 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www.highfivemedia.org. APPROVED: Jennie Fancher Sarah Smith Hymes Jake Wolf Megan Burch Matt Gennett Scott Prince Amy Phillips RESPECTFULLY SUBMITTED: k),2 � &, LL -4 d) 11 Debbie Hoppe, Town CI rk Page 4