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TC Minutes 10-10-2017Avo C 0 L 0 R A D 0 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 10, 2017 AVON TOWN HALL, ONE LAKE STREET 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:07 p.m. A roll call was taken and Council members present were Scott Prince, Jake Wolf, Megan Burch and Sarah Smith Hymes. Matt Gennett and Amy Phillips were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Deputy Town Manager Preston Neill, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Councilor Prince said he would like the minutes pulled off of the Consent Agenda. He made a motion to remove the September 26, 2017, Meeting Minutes from the Consent Agenda. Mayor Pro Tem Smith Hymes seconded the motion and the motion passed unanimously by Council members present. Councilor Gennett and Councilor Phillips were absent. 3. MEETING PROCEDURES FOR THE MEETING OF OCTOBER 10, 2017 4. PUBLIC COMMENT- COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Michael Cacioppo requested an additional minute for public comment. Councilor Burch made a motion to add one minute to Mr. Cacioppo's allotted time. Councilor Wolf seconded the motion. The result of the vote was 2 to 2 with Councilor Prince not voting and Councilor Gennett and Councilor Phillips absent. Councilor Prince suggested that Mr. Cacioppo make his comments in three minutes, at which time, the Council would decide whether to allow for an additional minute. Mr. Cacioppo made comments about events that occurred at the September 26, 2017, Council meeting. 5. PRESENTATION 5.1. SWEARING IN OF PATROL OFFICER BAL HERRERA POLICE CHIEF GREG DALY) Chief Daly introduced and Brenda Torres swore in Balmore Herrera as Avon's newest police officer. After the presentation, Mayor Pro Tem Smith Hymes made a motion for a quick, five- minute recess for photos. Councilor Wolf seconded the motion and the motion passed unanimously by those present. Councilor Gennett and Councilor Phillips were absent. 6. ACTION ITEMS 6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 17-o8, 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 FOR THE COLLECTION AND DESIGNATION OF SUCH FEE DEPUTY TOWN MANAGER PRESTON NEILL) Mayor Fancher opened the public hearing and Todd Rohr and Michael Cacioppo commented on the proposed ordinance. They both expressed that they do not agree with what is proposed. Maria deSimone thanked the Council for taking on this initiative and encouraged the Council to approve second reading. Mayor Pro Tem Smith Hymes asked for a small edit to be applied to one of the "Whereas" statements in Ordinance 17-o8. Council agreed to the change. Mayor Pro Tem Smith Hymes made a motion to approve Second Reading of Ordinance 17-o8, thereby Page 1 f Avo n TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 10, 2017 AVON TOWN HALL, ONE LAKE STREET 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 for the collection and designation of such fee. The motion included the selection of alternate language Option A (Upon the effective date, Retailers shall be required to remit one hundred percent (loo%) of the Disposable Paper Bag Fee to the Town) with a change to include that "For the first twelve (12) months following the effective date of the Disposable Paper Bag Fee, each Retailer may retain twenty percent (20%) of the Disposable Paper Bag Fee to be taken as a Retailer credit against the Disposable Paper Bag Fee due to the Town. The remaining eighty percent (8o%) of the Disposable Bag Fee shall be remitted to the Town. Thereafter the entirety of all collected Disposable Bag Fees shall be remitted to the Town." Council Gennett seconded the motion and the motion passed on a vote of 4 to 2, with Councilor Wolf and Councilor Burch voting no. Councilor Phillips was absent. Councilor Gennett joined the meeting during this item. 6.2.PUBLIC HEARING SECOND READING OF ORDINANCE 17-14, APPROVING A CODE TEXT AMENDMENT APPLICATION AMENDING TITLE 7 AND THE DEFINITION OF FAMILY (PLANNING DIRECTOR MATT PIELSTICKER) Mayor Fancher opened the public hearing and no comments were made. Councilor Burch made a motion to approve Second Reading of Ordinance 17-14, thereby approving a Code Text Amendment Application amending Title 7: Development Code, and the definition of Family. Mayor Pro Tem Smith Hymes seconded the motion and the motion passed unanimously by those present. Councilor Phillips was absent. 6.3. FIRST READING OF ORDINANCE 17-15 FOR CAPITAL LEASE PURCHASE (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Michael Cacioppo commented on this item. Councilor Gennett made a motion to approve First Reading of Ordinance 17-15, an ordinance authorizing the execution and delivery of a state and municipal lease/purchase agreement dated October 5, 2017 between the Town of Avon and Commerce Bank to purchase a lift truck and plow truck pursuant to Exhibit A of such agreement. Mayor Pro Tem Smith Hymes seconded the motion and the motion failed on a vote Of 3 to 3, with Councilor Prince, Councilor Burch and Councilor Wolf voting no. Councilor Phillips abstained from the vote. Councilor Prince made a motion to direct staff to purchase the two pieces of equipment with cash and to submit a budget amendment to transfer funds so that Real Estate Transfer Tax dollars are used to buy the equipment. Councilor Wolf seconded the motion and the motion failed on a vote of 3 to 3, with Mayor Fancher, Mayor Pro Tem Smith Hymes and Councilor Gennett voting no. Councilor Phillips abstained from the vote. Councilor Gennett made a motion to approve First Reading of Ordinance 17-15, an ordinance authorizing the execution and delivery of a state and municipal lease/purchase agreement dated October 5, 2017 between the Town of Avon and Commerce Bank to purchase a lift truck and plow truck pursuant to Exhibit A of such agreement. Councilor Wolf seconded the motion and the motion passed on a vote of 4 to 2, with Councilor Prince and Councilor Burch voting no. Councilor Phillips abstained from the vote. Councilor Phillips joined the meeting during this item. Page 2 Avo n i; E3 i. 4. �'i F. Ci (.; TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 10, 2017 AVON TOWN HALL, ONE LAKE STREET 6.4. RESOLUTION 17-21 IN SUPPORT OF EAGLE COUNTY'S BALLOT QUESTION 1A DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Wolf made a motion to approve Resolution 17-21, in Support of Eagle County's Ballot Question 1A. Councilor Gennett seconded the motion and the motion passed unanimously. 6.5. REVIEW AND ACTION TO SOLICIT PRIVATE BUSINESSES FOR LEASING FIRE STATION #7 FOR INTERIM EMPLOYEE HOUSING (PLANNING DIRECTOR MATT PIELSTICKER) Councilor Wolf made a motion to authorize the Town Manager to solicit private businesses for leasing portions of Fire Station #7 for interim employee housing, selection by lottery of the successful firm and lease execution; and authorization of $16,000.00 from the Affordable Housing Fund for improvements at the next budget amendment, with all rents being accounted for in the Affordable Housing Fund. Councilor Wolf also added a condition to cap the rents at $700 per month. Councilor Gennett seconded the motion. Councilor Prince made a suggestion to include add "and all expenses" to the second bullet of the motion. Councilor Wolf amended his motion to include the suggested language. Councilor Gennett accepted the amended motion. The motion passed on a vote of 6 to 1 with Councilor Phillips voting no. 6.6. CONSENTAGENDA 6.6.1. APPROVAL OF RESOLUTION 17-22 SUPPORTING THE GRANT AGREEMENT BETWEEN THE TOWN OF AVON, ACTING AS FISCAL AGENT, ON BEHALF OF WALKING MOUNTAINS SCIENCE CENTER AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND DEPUTY MANAGER PRESTON NEILL) Councilor Gennett made a motion to approve the Consent Agenda, without item 6.6.2 "Approval of Minutes from September 26, 2017 Council Meeting." Councilor Wolf seconded the motion and the motion passed unanimously. 6.6.2. APPROVAL OF MINUTES FROM SEPTEMBER 26, 2017 COUNCIL MEETING DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Prince and Councilor Burch provided various edits to the minutes. Councilor Burch moved to approve the minutes with the edits provided. Mayor Pro Tem Smith Hymes seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. 7. WORK SESSION 7.1. REVIEW AND DIRECTION IN REGARDS TO 2018 SPECIAL EVENTS FUNDING, AS RECOMMENDED BY THE AD HOC SPECIAL EVENTS COMMITTEE (AHSEC CHAIR BOBBY BANK Bobby Bank, Ad Hoc Special Events Committee Chair, presented this item. Michael Cacioppo, Tom Dobrez, Ruthie Stanley, and Tom Butz commented. Council provided direction to staff to move forward as presented. Additional direction was provided to staff to continue working to invest in capital equipment to lower costs to producers. Finally, direction was provided to the Town Manager to write into special event agreements two general admission tickets for each Page 3 Avo n 4f €3 1. (r �i A V 0 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 10, 2017 AVON TOWN HALL, ONE LAKE STREET Council member and each member of the Ad Hoc Special Events Committee. Councilor Gennett left the meeting during this item. 7.2. REVIEW AND DIRECTION IN REGARDS TO 2018 COMMUNITY GRANT PROGRAM FUNDING, AS RECOMMENDED BY THE AD HOC REVIEW COMMITTEE DEPUTY TOWN MANAGER PRESTON NEILL) Michael Cacioppo commented on this item. Council provided direction to staff to move forward with the recommended award amounts, as presented. Direction was also given to staff to have non -profits identify on future applications what their liquor permit proceeds have been. 8. WRITTEN REPORT 8.1. REVIEW OF LAW REGARDING REMOVAL OF A DISRUPTIVE CITIZEN(S) AND DIRECTION TO THE AVON TOWN ATTORNEY FOR ANY MODIFICATIONS TO PROCEDURES Michael Cacioppo and Todd Rohr commented on this written report. 9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Councilor Phillips remarked that the EGE Air Alliance recently held a board retreat. 10. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. Councilor Phillips seconded the motion and the motion passed unanimously by those present. Councilor Gennett was absent. The time was 9:27 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. Page 4 APPROVED: Jennie Fancher Sarah Smith Hymes Jake Wolf Megan Burch Matt Gennett Scott Prince Amy Phillips Avo n TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, OCTOBER 10, 2017 AVON TOWN HALL, ONE LAKE STREET RESPECTFULLY SUBMITTED: Preston eill, Deputy Town Manager Page 5