TC Minutes 08-27-2019AVON REGULAR MEETING MINUTES
TUESDAY, AUGUST 27, 2019 4von
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 5:07 p.m. A roll call was taken, and Council members
present were Amy Phillips, Jennie Fancher, Scott Prince, Tamra Underwood, Chico Thuon, and Jake Wolf.
Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly,
Recreation Director John Curutchet and Deputy Town Manager Preston Neill.
2. APPROVAL OF AGENDA
Audio start time: 12:05
Town Manager Eric Heil requested that the 2020 Town of Avon Community Grant Program Update Written
Report be removed from Written Reports to become a discussion item. Mayor Pro Tem Phillips moved to
approve the agenda with the requested change. Councilor Fancher seconded the motion and the motion
passed on a vote of 6 to 1. Councilor Wolf voted no.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Audio start time: 12:42
Town Attorney Paul Wisor stated that conflict of interest waivers for Councilor Fancher, Councilor Thuon,
and Mayor Pro Tem Phillips related to the Development Agreement with Colorado World Resorts, LLC, that
were approved at the August 13, 2019 Council meeting would carry over to this meeting. Councilor Prince
requested recusal from the Colorado World Resorts Development Agreement item. He characterized his
situation as unique as his employer has requested that he recuse himself from any item if there is any
appearance of impropriety, even in the case of an approved conflict of interest waiver by Council. Councilor
Fancher moved to accept Councilor Prince's recusal from the Colorado World Resorts Development
Agreement item. Councilor Underwood seconded the motion and the motion passed unanimously.
4. PUBLIC COMMENT
Audio start time: 17:50
Matt Scherr, Eagle County Commissioner, introduced himself and announced that earlier in the day,
the Eagle County Commissioners passed two resolutions, one increasing the legal purchasing age for
tobacco products to 21 and enacting tobacco licensing regulations, and the other referring a ballot
issue to Eagle County voters asking about imposing a $4 tax on cigarettes and a 40% tax on all other
tobacco products.
5. BUSINESS ITEMS
5.1. PRESENTATION: EAGLE VALLEY BEHAVIORAL HEALTH (CHRIS LINDLEY, EAGLE VALLEY BEHAVIORAL HEALTH)
Audio start time: 31:00
Chris Lindley, Executive Director of Eagle Valley Behavioral Health, gave a presentation on the
steps that have been taken and the collaborations that have been established recently to address
the behavioral health crisis in Eagle County.
5.2. PRESENTATION: VAIL SEGWAY AND PARK CABIN
Audio start time: 1:09:00
Seth Valentine from Vail Segway Tours presented a proposal to conduct Segway tours on Avon
recreation trails. The consensus among Council members was to have the town manager proceed
with entering into a License Agreement with Vail Segway Tours, for the town manager to work with
Seth on determining a safe and appropriate route for the tours, and for the trial period to take
place next summer (summer 2020). At the end of next summer, Council will review the outcomes
of the trial period and determine how to proceed.
AVON REGULAR MEETING MINUTES
TUESDAY, AUGUST 27, 2019 avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
5.3. APPROVAL OF CONDITIONAL BILL OF SALE, AVON LANDING, VILLAGE AT AVON
(TOWN ATTORNEY PAUL WISOR AND TOWN ENGINEER JUSTIN HILDRETH)
Audio start time: 1:39:40
Mayor Smith Hymes invited the public to comment and no comments were made. Councilor
Underwood moved to approve the Conditional Bill of Sale, Avon Landing, Village at Avon. Mayor
Pro Tem Phillips seconded the motion and the motion passed unanimously.
5.4. APPROVAL OF DEVELOPMENT AGREEMENT WITH COLORADO WORLD RESORTS, LLC
(PLANNING DIRECTOR MATT PIELSTICKER)
Audio start time: 1:45:35
Mayor Smith Hymes invited the public to comment and no comments were made. Councilor
Underwood moved to approve Development Agreement with Colorado World Resorts, LLC. Mayor
Pro Tem Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor Prince
recused himself from the item.
5.5. APPROVAL OF LETTER REGARDING VILLAGE (AT AVON) WATER TANK CONSTRUCTION AND DEFERRING COMMUNITY
PARK CONSTRUCTION (TOWN MANAGER ERIC HEIL)
Audio start time: 1:50:00
Councilor Fancher moved to approve the letter to Traer Creek agreeing to defer the requirement
to construct 50% of the community park on Planning Area P3, with the amendments provided in
the updated letter that was handed out to Council members. Councilor Prince seconded the motion
and the motion passed unanimously.
5.6. APPROVAL OF WATER TAP RATE INCREASES FOR THE UPPER EAGLE REGIONAL WATER AUTHORITY
(TOWN MANAGER ERIC HEIL)
Audio start time: 1:55:30
Jason Cowles with the Upper Eagle Regional Water Authority spoke about the proposed Water
System Impact Fee increase. Mayor Smith Hymes invited the public to comment and no comments
were made. Patrick Skanlan asked a question about when the impact fee increase would take effect
and Jason Cowles responded that they would go into effect on September 1, 2019. Councilor
Underwood moved to direct Avon's representative to the Upper Eagle River Water Authority to
vote in favor of and/or consent to the Water System Impact Fee increase recommended in the June
27, 2019 memorandum from Jason Cowles. Mayor Pro Tem Phillips seconded the motion and the
motion passed unanimously.
5.7. 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)
Audio start time: 2:06:22
Mayor Smith Hymes opened the public hearing. Ruth Borne commented. Consensus among members of
Council was to provide direction to staff to draft an ordinance that would add Community Housing as a
use by right in the IC Zone District instead of amending the Avon Municipal Code to permit Community
Housing in the IC Zone District by Special Review Use.
5.8. FIRST READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION
(TOWN MANAGER ERIC HEIL)
Audio start time: 3:13:28
Consensus among Council members was to amend the definition of Eagle County Employee to allow
for "gig" employees to be eligible for the primary residence exemption, to increase the primary
AVON REGULAR MEETING MINUTES
TUESDAY, AUGUST 27, 2019 Avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
residence exemption to $400,000, to make the period of primary residence three years, to make all
properties eligible (no cap on home price), and to allow for the short term rental of rooms as long
as the residence is owner occupied. In addition, Council asked for residents whose properties are
being conveyed between one year and three years of primary residence to be exempted from
paying the exempted tax to the Town. Staff agreed to make the changes before the public hearing
and second reading at the September 10, 2019 Council meeting. Staff agreed to make a concerted
effort to make the public aware of the proposed changes to the primary residence exemption.
Councilor Underwood moved to approve Ordinance 19-05 and she described in detail the proposed
changes to the ordinance. Mayor Pro Tem Phillips seconded the motion and the motion passed on
a vote of 5 to 1. Councilor Prince voted no and Councilor Fancher was absent. Councilor Prince
explained that he supports increasing the primary residence exemption, but he voted no because
he opposes an unlimited cap on the property price.
5.9. FIRST READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS
(DEPUTY TOWN MANAGER PRESTON NEILL)
Audio start time: 4:40:48
Councilor Underwood moved to continue First Reading of Ordinance 19-07 to the September 10,
2019 Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed on a
vote of 6 to 0. Councilor Fancher was absent.
6.1. 2020 TOWN OF AVON COMMUNITY GRANT PROGRAM UPDATE (DEPUTY TOWN MANAGER PRESTON NEILL)
Audio start time: 4:41:22
Town Manager Eric Heil asked if any members of Council would like to sit on this year's Ad Hoc
Review Committee when the Committee reviews community grant applications. Councilor Wolf and
Mayor Smith Hymes volunteered to participate.
5.10.APPROVAL OF MINUTES FROM AUGUST 13, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDATORRES)
Audio start time: 4:42:00
Councilor Underwood provided a couple of edits to the minutes from the August 13, 2019 Council
meeting. Mayor Pro Tem Phillips moved to approve the minutes with the edits provided by
Councilor Underwood. Councilor Prince seconded the motion and the motion carried on a vote of
5 to 1. Councilor Wolf voted no and Councilor Fancher was absent.
6. WRITTEN REPORTS
6.2. ABSTRACT AUGUST 20, 2019 PLANNING AND ZONING COMMISSION MEETINGS
(PLANNING DIRECTOR MATT PIELSTICKER)
6.3. GIFT REPORTING - CIRCUS BELLA VIP RINGSIDE TICKETS AND DREAMS FLOAT SPA FLOTATION THERAPY SESSION
(DEPUTY TOWN MANAGER PRESTON NEILL)
6.4. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Audio start time: 4:43:10
Mayor Smith Hymes announced that the reclaimed materials from the Hahnewald Barn are going to be sold
in the Avon Elementary School parking lot on Sunday, September 8" and Sunday, September 15th from 10:00
a.m. to 3:00 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY, AUGUST 27, 2019 ,avon
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO
Councilor Thuon commended Chief Daly for his 10 years of service to the Town of Avon.
Councilor Prince reiterated Commissioner Scherr's comments from earlier in the evening about the County's
new tobacco regulations.
Councilor Wolf plugged the August 28`h Avon LIVE! Concert and talked about the success of the Colorado
Classic.
8. ADJOURNMENT
Audio start time: 4:46:47
There being no further business before Council, Mayor Smith Hymes adjourned the Regular meeting. The
time was 9:48 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.
RESPECTFULLY SUBMITTED:
Preston Neill, Deputy Tow Manager
APPROVED:
Sarah Smith Hymes ► "'°
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood