TC Minutes 08-13-2019AVON REGULAR MEETING MINUTES
TUESDAY, AUGUST 13, 2019 . v o n
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO C O L O R A D O
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 5:16 p.m. A roll call was taken, and Council members
present were Amy Phillips, Jennie Fancher, Tamra Underwood, Chico Thuon, and Jake Wolf. Councilor
Scott Prince was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police
Chief Greg Daly, Town Engineer Justin Hildreth, Transit Director Eva Wilson, Recreation Director John
Curutchet, Deputy Town Manager Preston Neill and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Mayor Smith Hymes requested the removal of Executive Session item 8.3 from the agenda. Councilor Fancher
moved to approve the agenda with the requested change. Mayor Pro Tem Phillips seconded the motion and
the motion passed on a vote of 5 to 1. Councilor Wolf voted no. Councilor Prince was absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Mayor Pro Tem Phillips, Councilor Fancher and Councilor Thuon explained that they may have a
potential conflict of interest related to item 5.2 "Approval of Development Agreement with Colorado
World Resorts, LLC." Councilor Underwood made a motion to waive any potential conflict of interest
for Mayor Pro Tem Phillips with respect to item 5.2. Councilor Thuon seconded the motion and the
motion passed on a vote of 5 to 0. Mayor Pro Tem Phillips did not vote and Councilor Prince was
absent. Councilor Underwood made a motion to waive any potential conflict of interest for Councilor
Fancher with respect to item 5.2. Councilor Wolf seconded the motion and the motion passed on a
vote of 5 to 0. Councilor Fancher did not vote and Councilor Prince was absent. Councilor Underwood
made a motion to waive any potential conflict of interest for Councilor Thuon with respect to item 5.2.
Councilor Wolf seconded the motion and the motion passed on a vote of 5 to 0. Councilor Thuon did
not vote and Councilor Prince was absent.
4. PUBLIC COMMENT
No public comments were made.
5. BUSINESS ITEMS
5.1. APPROVAL OF CONDITIONAL BILL OF SALE, AVON LANDING, VILLAGE AT AVON
(TOWN ATTORNEY PAUL WISOR AND TOWN ENGINEER JUSTIN HILDRETH)
Staff answered several questions posted by various Council members on the Conditional Bill of
Sale. Through the discussion, various edits to the Conditional Bill of Sale were suggested by
members of Council and staff agreed to apply the edits. Mayor Smith Hymes invited the public to
comment on the item but no comments were made. Mayor Pro Tem Phillips moved to continue
the Conditional Bill of Sale, Avon Landing, Village at Avon, to the August 27, 2019 Council meeting.
Councilor Wolf seconded the motion and the motion carried unanimously by Council members
present. Councilor Prince was absent.
5.2. APPROVAL OF DEVELOPMENT AGREEMENT WITH COLORADO WORLD RESORTS, LLC
(PLANNING DIRECTOR MATT PIELSTICKER)
Various edits to the Development Agreement were suggested by members of Council. Mayor Smith
Hymes invited the public to comment on the Development Agreement. Mayor Pro Tem Phillips
moved to continue the Development Agreement with Colorado World Resorts, LLC, to the August
27, 2019 Council meeting. Councilor Fancher seconded the motion and the motion passed
unanimously by Council members present. Councilor Prince was absent.
AVON REGULAR MEETING MINUTES
Al
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TUESDAY, AUGUST 13, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
Council then discussed rearranging the agenda by moving directly to item 5.6. Councilor Fancher
moved to rearrange the agenda, as discussed. Mayor Pro Tem Phillips seconded the motion and the
motion carried on a vote of 6 to 0. Councilor Prince was absent.
5.6. PUBLIC HEARING: APPEAL OF PLANNING AND ZONING COMMISSIONS DECISION DATED JUNE 4, 2019, DENYING A
VARIANCE APPLICATION FOR BUILDING IMPROVEMENTS OUTSIDE A PLATTED BUILDING ENVELOPE ON LOT 111C,
BLOCK 1, WILDRIDGE (TOWN ATTORNEY PAUL WISOR)
Councilor Prince arrived at 6:28 p.m.
Town Attorney Paul Wisor outlined the process for this appeal item. Tom Ruemmler and Judy
Douglas (appellant) delivered a presentation. Mayor Smith Hymes opened the public hearing and
comments were made by Dave Scherpf, Walt Bruschard, Richard Hoch, Dan, Lisa Currey and
MaryAnn Scherpf. Council discussed the matter. Mayor Pro Tem Phillips moved to approve Findings
of Fact and a Record of Decision denying the application, and she proceeded to read the findings in
their entirety. Councilor Underwood seconded the motion and the motion passed unanimously.
Councilor Wolf moved to continue item 5.5 "Public Hearing: Avon Application to Amend Municipal
Code to Permit Community Housing in the Industrial Commercial Zone District by Special Review
Use" and item 5.7 "First Reading Ordinance 19-05 Increasing Primary Residence RETT Exemption"
to the August 27, 2019 Council meeting. Councilor Underwood seconded the motion and the motion
passed unanimously.
Jack McBrian commented on the Nottingham Park Landscape Plan and encouraged more
community input before implementation.
5.3. RESOLUTION 19-17 ADOPTING THE 2019 COLORADO COMMUNITIES FOR CLIMATE ACTION POLICY STATEMENT
(DEPUTY TOWN MANAGER PRESTON NEILL)
Councilor Underwood moved to approve Resolution 19-17 Adopting the 2019 Colorado
Communities for Climate Action Policy Statement. Mayor Pro Tem Phillips seconded the motion and
the motion passed unanimously.
5.4. RESOLUTION 19-18 APPOINTING ERIC HEIL AS SECOND ALTERNATE TO THE UPPER EAGLE REGIONAL WATER AUTHORITY
(TOWN MANAGER ERIC HEIL)
Councilor Wolf moved to move to approve Resolution 19-18 Appointing Town Manager Eric Heil
as the Second Alternate to the Upper Eagle Regional Water Authority. Councilor Fancher
seconded the motion and the motion passed unanimously.
5.5. PUBLIC HEARING: AVON APPLICATION TO AMEND MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING IN THE
INDUSTRIAL COMMERCIAL ZONE DISTRICT BY SPECIAL REVIEW USE (PLANNING DIRECTOR MATT PIELSTICKER)
Continued to the August 27, 2019 Council meeting.
5.7. FIRST READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION (TOWN MANAGER ERIC HEIL)
Continued to the August 27, 2019 Council meeting.
AVON REGULAR MEETING MINUTES
TUESDAY, AUGUST 13, 2019 n
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
5.8. APPROVAL OF MINUTES FROM JULY 9, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Councilor Underwood moved to approve the minutes from the July 9, 2019 Regular meeting. Mayor
Pro Tem Phillips seconded the motion and the motion carried on a vote of 6 to 1. Councilor Wolf
voted no.
6. WRITTEN REPORTS
6.1. NOTTINGHAM PARK LANDSCAPE PLAN (PLANNING DIRECTOR MATT PIELSTICKER)
6.2. ABSTRACTS FROM JULY 16, 2019 & AUGUST 6, 2019 PLANNING AND ZONING COMMISSION MEETINGS
(PLANNING DIRECTOR MATT PIELSTICKER)
6.3. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
6.4. OVERVIEW OF THE SALUTE TO THE USA EVENT (CASE MANAGER DANITA DEMPSEY)
6.5. 1-70 COALITION UPDATE (MOBILITY DIRECTOR EVA WILSON)
7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Councilor Wolf encouraged viewers to attend the Avon LIVE! Concert on Wednesday, August 141H
Mayor Smith Hymes encouraged viewers to attend the Colorado Classic road bike race on August 23 rd.
Mayor Pro Tem Phillips went into detail about the Colorado Classic, including volunteer needs and event
impacts.
Councilor Prince recapped the Open Water Championship that took place on August 10th and 11th in
Nottingham Lake. He requested that it be considered as a formal special event in the future due to its potential
to grow and become an economic driver -type event.
Councilor Wolf said Circus Bella will be in Nottingham Park this weekend starting on Friday.
8. EXECUTIVE SESSION
8.1. FOR THE PURPOSE OF LEGAL ADVICE WITH TOWN ATTORNEY REGARDING AVON PAVILION REPAIRS PURSUANT TO
C.R.S. §24-6-402(4)(6)
8.2. FOR THE PURPOSE OF LEGAL ADVICE WITH TOWN ATTORNEY REGARDING AVON WHITE WATER PARK REPAIRS
PURSUANT TO C.R.S. §24-6-402(4)(B)
8.3. FOR DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(4)(F)
Executive Session item 8.3 was removed from the agenda.
Executive Session began at 8:47 p.m.
Executive Session ended at 9:39 p.m.
9. ADJOURNMENT
There being no further business before Council, Councilor Fancher made a motion to adjourn the Regular
meeting. Councilor Wolf seconded the motion and the motion passed unanimously. The time was 9:39 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY, AUGUST 13, 2019
Avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
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 Underwood
RESPECTFULLY SUBMITTED:
lots
Brenda Torres, Town Clerk