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TC Minutes 02-26-2019Avo U 0 L 0 R A V 0 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019 AVON TOWN HALL, 100 MIKAELA WAY 1. CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 5:01 p.m. A roll call was taken, and Council members present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon, Tamra N. Underwood and Jake Wolf. Also present were Acting Town Manager Preston Neill, Town Attorney Eric Heil, Police Chief Greg Daly, Finance Director Scott Wright, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Town Engineer Justin Hildreth and Acting Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Councilor Fancher requested the addition of an action item, specifically a motion to put the Hahnewald Barn Project to a vote by way of a special election or polling of all registered voters in the Town of Avon. Council agreed to add the item to the agenda as item 7.4. Mayor Pro Tem Phillips requested written report 10.1 be discussed in conjunction with the survey question. item. Councilor Underwood requested to discuss written reports 10.3 and 10.6. Councilor Fancher made a motion to approve the agenda with the requested changes. Councilor Underwood seconded the motion and the motion passed unanimously. 3. PUBLIC COMMENT Michael Cacioppo commented on the new Town Hall. Kathy Ryan expressed concern about floral growth at the bottom of Nottingham Lake. Tom Ruemmler commented on the Town's Real Estate Transfer Tax. 4. PRESENTATIONS 4.1. NORTHWEST COLORADO SMALL BUSINESS DEVELOPMENT CENTER (LYNDSEY BROZYNA, NORTHWEST SBDC REGIONAL DIRECTOR) Lyndsey Brozyna, Acting Regional Director of the Northwest Colorado Small Business Development Center (Northwest SBDC), gave a presentation to Council about Northwest SBDC. 4.2. COLORADO CITY & COUNTY MANAGEMENT ASSOCIATION 2018 ASSISTANT OF THE YEAR AWARD (TIM GAGEN, CCCMA SENIOR ADVISOR) Tim Gagen, CCCMA Senior Advisor, presented the CCCMA 2018 Assistant of the Year Award to Preston Neill, Acting Town Manager. 4.3. SWEARING IN OF PATROL OFFICER ALAN HERNANDEZ (POLICE CHIEF GREG DALY) Alan Hernandez -Martinez took his oath as Avon's newest Police Officer. 4.4. ADDED ACTION ITEM HAHNEWALD BERN PROJECT VOTE Tom Ruemmler, Kathy Ryan, Pam Warren, Marty Golembiewski, Jason Denhardt, Buz Ditier, Jack Gardner, Chuck Bunting, Peter Warren, Chadd Ziegler, Michael Cacioppo and Greg Loshak commented on this item. Councilor Wolf made a motion "to stop spending any money on the Barn until a real vote, conducted by the County, in conjunction with our Town, is sent out to the people with signature verification, the envelopes, and the real check and balance that we deserve as the people of this Town." Councilor Thuon seconded the motion. Councilor Wolf amended his motion Page 1 A- - A--. M fir../ n COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019 AVON TOWN HALL, 100 MIKAELA WAY by moving to "stop spending any money on this Barn from this point forward until a vote of the public, that can be signature certified, is cast." Councilor Thuon seconded the motion. Town Attorney Eric Heil attempted to interpret Councilor Wolf's motion by summarizing that he made a motion to "hold a special election on the Barn, not to spend any more money on the project, except the cost associated with a special election." Councilor Wolf confirmed Attorney Heil's interpretation. Councilor Thuon seconded the interpreted motion. The motion failed on a vote of 3 to 4. Councilor Fancher, Mayor Pro Tem Phillips, Councilor Underwood and Mayor Smith Hymes voted no. Councilor Fancher made a motion to have an "unofficial election or survey vote with the language that has been presented, get any input that we can, and complete in as timely a fashion as possible with the intent to get the results back by March 27th." Councilor Fancher added to her motion that she would like to see secrecy sleeves used, as well as signature verification, and the expectation is that all members of Council will respect the outcome of the vote. Moreover, the ballots should go out to all registered voters. Councilor Prince seconded the motion. The motion passed on a vote of 6 to 1. Councilor Underwood voted no. 5. WORK SESSION 5.1. OVERVIEW OF COUNCIL PROCEDURES TOWN ATTORNEY ERIC HEIL) Eric Heil, Town Attorney, provided a brief overview of Council procedures, including the Avon Home Rule Charter and the Avon Town Council Simplified Rules of Order. 6. ACTION ITEMS 6.1. PUBLIC HEARING MAJOR DEVELOPMENT PLAN FOR TWO DUPLEXES ON LOT S, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Councilor Prince, Councilor Fancher, and Councilor Thuon recused themselves from the item. Councilor Underwood moved to waive Councilor Thuon's potential conflict of interest. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 4 to 0. Councilor Thuon, Councilor Prince and Councilor Fancher did not vote. Councilor Underwood moved to waive Mayor Pro Tem Phillips' potential conflict of interest. Councilor Thuon seconded the motion and the motion passed on a vote of 4 to 0. Mayor Pro Tem Phillips, Councilor Prince and Councilor Fancher did not vote. The applicant and Town staff delivered a presentation to Council regarding the Major Development Plan. Mayor Smith Hymes opened up the public hearing and no comments were made. After Council discussion, Councilor Underwood moved to approve "the application for the Major Design and Development Plan for Lot 5 Riverfront Subdivision, as presented tonight, and including conditions as recommended by staff, insomuch as we have determined that it satisfies the findings required by the Development Code of Avon". Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 0. Councilor Prince and Councilor Fancher did not vote on the item since they had recused themselves. 6.2. FIRST READING ORDINANCE 19-01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE WAIVERS AND TAX EXEMPTIONS FOR AFFORDABLE HOUSING PROJECTS TOWN ATTORNEY ERIC HEIL) Page 2 Avon COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019 AVON TOWN HALL, 100 MIKAELA WAY Various comments were made on the ordinance. Mayor Smith Hymes opened it up for public comment. Betty Todd commented on this item. Mayor Pro Tem Phillips moved to continue this item to March 12, 2019 Council meeting. Councilor Fancher seconded the motion and the motion passed unanimously. 6.3. RESOLUTION 19-05 APPROVING A CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE (ACTING TOWN MANAGER PRESTON NEILL) Councilor Underwood asked for "the implementation of in provision 1(a) of "Exhibit A: Cultural, Arts and Special Events Committee Authority and Procedures" to be deleted. Councilor Prince moved to approve, including the modification provided by Councilor Underwood, Resolution 19-05 approving a Cultural, Arts and Special Events Committee. Councilor Fancher seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. 6.4. FIRST READING ORDINANCE 19-02 AMENDING CHAPTER 3.08 SALES TAX AND ENACTING CHAPTER 3.10 CIGARETTE EXCISE TAX (TOWN ATTORNEY ERIC HEIL) Councilor Prince moved to approve on first reading Ordinance No. 19-02 Amending Chapter 3.08 Sales Tax and Enacting Chapter 3.10 Cigarette Excise Tax. Councilor Fancher seconded the motion and the motion passed unanimously. 6.5. APPROVAL OF MINUTES FROM FEBRUARY 12, 2019 REGULAR COUNCIL MEETING (ACTING TOWN CLERK BRENDA TORRES) Councilor Underwood provided minor edits to the minutes. Councilor Fancher moved to approve the minutes from the February 12, 2019 Regular Council Meeting with the edits provided. Councilor Underwood seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. 6.6. APPROVAL OF MINUTES FORM FEBRUARY 19, 2019 SPECIAL COUNCIL MEETING (ACTING TOWN MANAGER PRESTON NEILL) Councilor Wolf moved to approve the minutes from the February 19, 2019 Special Council Meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 0. Councilor Underwood and Councilor Thuon abstained from the vote. 7. WRITTEN REPORTS 7.1. UPDATE ON PHASE I HAHNEWALD BARN PROJECT (TOWN STAFF) The "Update on Phase 1 Hahnewald Barn Update" written report was discussed by Council. Councilor Prince made a motion to direct staff to issue an RFP for barn moving services. Councilor Wolf seconded the motion and the motion passed on a vote of 6 to 1. Councilor Underwood voted no. 7.2. POLICE DEPARTMENT DISPOSITION ON FORFEITED PROPERTIES FOR 2018 (POLICE CHIEF GREG DALY) Page 3 Avon COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019 AVON TOWN HALL, 100 MIKAELA WAY 7.3. UPDATE ON BEAVER CREEK BOULEVARD STREETSCAPE PROJECT TOWN ENGINEER JUSTIN HILDRETH) Councilor Underwood had some comments and questions related to this report. 7.4. MONTHLY FINANCIALS REPORT SENIOR ACCOUNTANT NELLY BURNS) 7.5. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST RELATED TO AVON PERFORMANCE PAVILION TOWN ATTORNEY ERIC HEIL) Councilor Wolf made a comment on this written report. Councilor Underwood moved to waive Amy Phillips' conflict of interest related to the Avon Performance Pavilion. No second was received. 7.6. TOWN OF AVON NEWSLETTER (ACTING TOWN MANAGER PRESTON NEILL) Council provided direction to prepare and distribute a quarterly newsletter. 7.7. ABSTRACT FROM FEBRUARY 19, 2019 PLANNING AND ZONING COMMISSION MEETING PLANNING DIRECTOR MATT PIELSTICKER) 8. MAYOR He COUNCIL COMMENTS & MEETING UPDATES Councilor Fancher mentioned the upcoming Polar Plunge event on March 30th. She requested that it be highlighted during the March 12th Council meeting. She recognized the success of the Avon Rec Center swim team, the Narwhals. She asked that the team be recognized at a future Council meeting. She also asked for staff to meet with Kathy Ryan about her concern about Nottingham Lake. She asked for the recently completed Fiscal Analysis to be sent to Tom Ruemmler. The Fiscal Analysis compares the Town of Avon's revenue structure, budget, and services to other peer communities, and assesses the Town's real estate transfer tax impacts. She asked for the topic of community outreach to be discussed in more detail at a future Council meeting. Councilor Thuon said he was approached by Donna Lang, an Avon business owner who expressed that she's interested in purchasing Rec Center memberships for her 12 employees. She does not want to pay the out-of-town rate and has inquired about paying the resident rate for those memberships. Staff committed to putting Ms. Lang in touch with Recreation Director John Curutchet to discuss available Avon Rec Center membership options. Councilor Wolf asked for future agenda items to be identified at the bottom of each Regular Council meeting agenda. 9. ADJOURNMENT There being no further business to come before the Council, Councilor Wolf moved to adjourn the regular meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by Council members present. The time was 10:23 p.m. Page 4 Avon COLORADO TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, FEBRUARY 26, 2019 AVON TOWN HALL, 100 MIKAELA WAY 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.hiqhflvemedia.org RESPECTFULLY SUBMITTED: Bre'rfda Torres, Acting Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra N. Underwood 1�n IVAA )-IfrJ� Page 5