TC Minutes 04-09-2019Avon
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 4:03 p.m. A roll call was taken, and Council members
present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon, Tamra Underwood, and Councilor
Wolf. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Finance Director Scott Wright,
Recreation Director John Curutchet, Public Works Director Gary Padilla, Town Engineer Justin Hildreth,
Acting Town Manager Preston Neill and Town Clerk Brenda Torres.
2. WORK SESSION
2.1. OVERVIEW OF TOWNS OUTSTANDING DEBT (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)
Scott Wright, Assistant Town Manager/Finance Director, gave a presentation on the types of
municipal debt, as well as the Town's outstanding debt.
3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING
(MAYOR SMITH HYMES)
4. ACTION TO RESUME THE COUNCIL PUBLIC MEETING (MAYOR SMITH HYMES)
5. APPROVAL OF AGENDA
Mayor Smith Hymes asked for item 9.5.1 and 9.5.2 to be pulled from the Consent Agenda and taken up
after the presentation items. Councilor Wolf asked for items 9.5.3 and 9.5.4 to be pulled from the
Consent Agenda. Councilor Prince asked for items 9.5.7 and 9.5.8 to be pulled from the Consent
Agenda. Councilor agreed to take up item 9.5.7 after the presentation items and they agreed to take
up items 9.5.3, 9.5.4 and 9.5.8 after item 9.4.
6. PUBLIC COMMENT— COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
7. PRESENTATIONS
7.1. PROCLAMATION IN APPRECIATION OF SERVICE OF VALERIE BARRY (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR
SCOTT WRIGHT)
Scott Wright, Assistant Town Manager/Finance Director, read a proclamation honoring Valerie Barry for
her years of service to the Town of Avon. Valerie recently retired from her position of Finance Manager.
She has worked in the Town's Finance Department for the last 36 years.
7.2. PROCLAMATION IN APPRECIATION OF SERVICE OF WILLIAM GRAY (PLANNING DIRECTOR MATT PIELSTICKER)
Matt Pielsticker, Planning Director, read a proclamation honoring Willey Gray for his years of service to
the Town of Avon. Willey has served as the Chief Building Official for the Town of Avon since June 21,
2002.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
COUNCIL MOVED TO ITEM 9.5.1.
9.5.1. ACTION ON HAHNEWALD BARN PHASE I PROJECT ACTING TOWN MANAGER PRESTON NEILL)
Mayor Smith Hymes read a statement about the outcome of the Hahnewald Barn Phase 1
Project Survey. Mayor Smith Hymes made a motion to rescind the action that was taken at
the February 12, 2019 Town Council meeting to proceed with Phase 1 of Scheme B of the
Hahnewald Barn Project. Furthermore, she moved to take no further action on the
Hahnewald Barn Project and direct staff to thank the Eagle River Water and Sanitation
District for their outstanding patience and cooperation and to inform them that the Town of
Avon will not further pursue acquisition of the Hahnewald Barn. Mayor Smith Hymes
opened up the floor for public comments, but no comments were made. Mayor Pro Tem
Phillips seconded the motion and the motion passed unanimously.
COUNCIL MOVED TO ITEM 9.5.2.
9.5.2. APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT WITH ERIC HEIL ACTING TOWN MANAGER
PRESTON NEILL)
Mayor Smith Hymes made a statement about the town manager recruitment process and
the Council's decision to offer the town manager job to Eric Heil. Councilor Underwood
moved to approve the Town Manager Employment Agreement with Eric Heil. Mayor Pro
Tem Phillips seconded the motion. Kathy Ryan, Michael Cacioppo, Tom Ruemmler and Paula
O'Leary commented on this item. Councilor Wolf explained why he was going to vote no on
the Town Manager Employment Agreement with Eric Heil. The motion passed on a vote of 6
to 1. Councilor Wolf voted no.
COUNCIL MOVED TO ITEM 9.5.7.
9.5.7. RESOLUTION 19-09 APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT AND
TRENCH, CONDUIT, AND VAULT AGREEMENT ON TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION
(TOWN ENGINEER JUSTIN HILDRETH)
Council discussed this item and there was consensus to not move forward with the project.
Councilor Prince moved to deny Resolution 19-09, Approving Holy Cross Energy
Underground Right -Of -Way Easement and Trench, Conduit, and Vault Agreement on Tract G,
Benchmark at Beaver Creek Subdivision. Mayor Pro Tem Phillips seconded the motion and
the motion carried unanimously.
8. WORK SESSION
8.1. DIRECTION ON AVON LIVE!/LAKE STREET MARKET EVENTS (ACTING TOWN MANAGER PRESTON NEILL)
Lisa Mattis and Kathy Ryan commented on this item. Council gave direction to staff to concentrate on
the Avon LIVE! Concert Series this summer and to hold off on putting on the Lake Street Market.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
COUNCIL MOVED TO ITEM 9.5.4.
9.5.4. APPROVAL OF RESOLUTION 19-04 APPROVING 2019 SPECIAL EVENTS (ACTING TOWN MANAGER PRESTON
N EILL)
Council discussed this item and gave direction to staff to bring this item back on April 30th
with more information about which non-profit organizations the outside event producers
are planning to have apply for special event permits. Council did not take action on this
item.
9. ACTION ITEMS
9.1. PUBLIC HEARING RESOLUTION 19-07, CAPITAL PROJECTS FUND BUDGET AMENDMENT (ASSISTANT TOWN
MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)
Council questioned staff about several proposed budget amendments. Mayor Pro Tem Smith Hymes
opened the public hearing and no comments were made. Councilor Underwood moved to approve
Resolution 19-07, A Resolution Amending the 2019 Capital Projects Fund Budget, with the changes
noted by Scott Wright. Mayor Pro Tem Phillips seconded the motion and the motion carried
unanimously.
9.2. FINDINGS OF FACT AND RECORD OF DECISION FOR MAJOR DEVELOPMENT APPLICATION - LOT 5 RIVERFRONT
SUBDIVISION DUPLEXES (PLANNING DIRECTOR MATT PIELSTICKER)
Councilor Prince and Councilor Fancher recused themselves from this item. Councilor Underwood
moved to approve the Findings of Fact and Record of Decision on Major Development Plan Application
for Two Duplexes on Lot 5, Riverfront Subdivision. 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.
Councilor Prince left the meeting at 7:47 p.m.
9.3. FIRST READING ORDINANCE 19-03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY HOUSING
REQUIREMENTS AND DEVELOPMENT BONUS (PLANNING DIRECTOR MATT PIELSTICKER)
David McWilliams, Town Planner, presented to Council the proposed amendments for inclusionary
housing requirements and development bonus. Councilor Underwood moved to continue this
item to the May 141h Council meeting. Mayor Pro Tem Phillips seconded the motion and the
motion passed unanimously by Council members present. Councilor Prince was absent.
9.4. 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)
Council did not take action on this item. Direction was given to figure out a process for community
input on the proposed amendments.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
COUNCIL MOVED TO ITEM 9.5.3.
9.5.3. APPROVAL OF RETAINER AGREEMENT FOR INTERIM TOWN ATTORNEY SERVICES WITH HOFFMAN, PARKER,
WILSON, & CARBERRY, P.C. (ACTING TOWN MANAGER PRESTON NEILL)
Councilor Underwood made a motion to approve the Engagement Letter for Interim Town
Attorney services with Hoffman, Parker, Wilson, & Carberry, P.C. Mayor Pro Tem Phillips
seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no
and Councilor Prince was absent.
COUNCIL MOVED TO ITEM 9.5.8.
9.5.8. APPROVAL OF MINUTES FORM MARCH 12, 2019 REGULAR COUNCIL MEETING (ACTING TOWN CLERK
BRENDA TORRES)
Mayor Smith Hymes, on behalf of Councilor Prince who had left the meeting, provided an
edit to the minutes. Mayor Pro Tem Phillips moved to approve the minutes as amended.
Councilor Underwood seconded the motion and the motion passed unanimously by Council
members present. Councilor Prince was absent.
ADDED ITEM -JOINT COLUMN/LETTER
Mayor Smith Hymes asked if Council was in support of the Town being included in a jointly
written Vail Daily Column/Letter between the Town of Avon, Eagle County and Town of Vail
concerning climate action -related legislation. Councilor Fancher moved to approve the
letter. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by
Council members present. Councilor Prince was absent.
9.5. CONSENT AGENDA
9.5.5. AUTHORIZATION FOR MAYOR SMITH HYMES TO SIGN A LETTER OF SUPPORT TO SENATOR MICHAEL
BENNET AND REPRESENTATIVE JOE NEGUSE REGARDING THE COLORADO OUTDOOR RECREATION AND
ECONOMY ACT (ACTING TOWN MANAGER PRESTON NEILL)
9.5.6. APPROVAL OF WATER MAIN BILL OF SALE TO EAGLE RIVER WATER AND SANITATION DISTRICT FOR
NOTTINGHAM ROAD SIDEWALD PROJECT (PROJECT ENGINEER JIM HORSLEY)
9.5.9. APPROVAL OF MINUTES FORM MARCH 15, 2019 SPECIAL COUNCIL MEETING
(ACTING TOWN MANAGER PRESTON NEILL)
9.5.10. APPROVAL OF MINUTES FORM MARCH 20, 2019 SPECIAL COUNCIL MEETING
(ACTING TOWN MANAGER PRESTON NEILL)
Councilor Fancher moved to approve the remaining items on the Consent Agenda (9.5.5, 9.5.6,
9.5.9 and 9.5.10). Councilor Underwood seconded the motion and the motion passed on a vote
of 5 to 1. Councilor Wolf voted no and Councilor Prince was absent.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
10. WRITTEN REPORTS
10.1. UPDATE ON AVON'S OPPORTUNITY ZONE DESIGNATION (ACTING TOWN MANAGER PRESTON NEILL)
10.2. ZAGSTER BIKE SHARE PROGRAM UPDATE (MOBILITY DIRECTOR EVA WILSON)
10.3. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
10.4. ABSTRACTS FROM MARCH 19, 2019 AND APRIL 2, 2019 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
10.5. UPPER EAGLE REGIONAL WATER AUTHORITY MARCH 28, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
11. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Council Thuon congratulated Brenda Torres on her recent appointment to the Town Clerk position.
Mayor Pro Tem Phillips gave an update on the EGE Air Alliance and air service out of Eagle County
Airport. Mayor Smith Hymes thanked Preston Neill and Scott Wright for their service in the Acting
Town Manger role.
12. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING 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) CONCERNING A PROPOSED SPECIAL EVENT.
Executive Session for the purpose of determining 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) concerning a proposed special event began at 9:19 p.m. Executive Session ended at 9:37
p.m. Councilor Wolf left the room at 9:37 p.m.
13. ADJOURNMENT
There being no further business to come before Council, Mayor Pro Tem Phillips moved to adjourn the
regular meeting. Councilor Thuon seconded the motion and the motion passed unanimously by Council
members present. Councilor Wolf and Councilor Prince were absent. Regular meeting adjourned at 9:38
p.m.
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is0L0T ADC
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 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.highfivemedio.org.
APPROVED:
Sarah Smith Hymes
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra N. Underwood
RESPECTFULLY SUBMITTED:
Brenda Torres, Town Clerk
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