TC Minutes 04-09-2013TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 9, 2013 VON
AVON TOWN HALL, ONE LAKE STREET �, „ „ , „ 1,
1. CALL TO ORDER AND ROLL CALL
Mayor Carroll called the meeting to order at 5 :35 PM. A roll call was taken and Council members present
were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present
were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager /Town Clerk Patty
McKenny, Finance Director Scott Wright, Planners Matt Pielsticker and Jared Barnes, Community Relations
Officer Jaime Walker, as well as other staff members and the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
There were no comments at this time.
4. ACTION ITEMS
4.1. Approval of Minutes from March 12 and March 26, 2013
Mayor Pro Tern Goulding moved to approve the March 12, 2013 minutes; Councilor Reynolds seconded the
motion and it passed unanimously by those members voting (Evans abstained).
Councilor Evans moved to approve the March 26, 2013 minutes; Mayor Pro Tern Goulding seconded the
motion and it passed unanimously.
4.2. Fireworks Production Contract between Western Enterprises and Town of Avon For purchase of
Salute USA Fireworks ( Danita Dempsey, Special Events Supervisor)
John Curutchet, Recreation Director, presented the contract with Western Enterprises noting that the event
would take place Wednesday July 3rd Councilor Dantas moved to approve the Fireworks Production
Contract between Western Enterprises and Town of Avon for the purchase of Salute USA Fireworks;
Councilor Wolf seconded the motion and it passed unanimously.
4.3•Action by Motion and Vote to approve CenturyLink Metro Ethernet Contracts (Cindy Kershaw, IT
Administrator)
Cindy Kershaw, IT Administrator, addressed Council questions about the need to upgrade the facilities to this
connection. There was some discussion about the costs and need for the connections. Councilor Reynolds
moved to approve the CenturyLink Metro Ethernet Contracts. Councilor Dantas seconded the motion and it
passed unanimously.
4.4• Resolution 13 -12, Series of 2013, Resolution Revising the Fees Schedule for Construction Work Within
Public Right -of -Way, Town of Avon, Eagle County, Colorado (Gary Padilla, Road and Bridge
Superintendent)
Gary Padilla, Road and Bridge Superintendent, was present to address any questions related to the proposed
changes to the right of way fee structure per the memo. Council requested that further review be made of
the following:
✓ Unintended consequences of possible pedestrian way closures and how the town would minimize such
closures
✓ If costs cover the cost of doing business for the program
Councilor Evans moved to approve Resolution 13 -12, Series of 2013, Resolution Revising the Fees Schedule
for Construction Work Within Public Right -of -Way, Town of Avon, Eagle County, Colorado. Councilor
Reynolds seconded the motion and it passed unanimously.
Avon Town Council Meeting April 9, 2013
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 9, 2013 AVON
AVON TOWN HALL, ONE LAKE STREET
4.5• Public Hearing on Second Reading of Ordinance 13 -05, Ordinance Approving A Minor PUD
Amendment and Minor Subdivision for Wildridge Point on Lots 33 and 34, Block 4, Wildridge
Subdivision Town of Avon Eagle County Colorado (Jared Barnes, Planner 11)
Councilor Dantas recused himself at this time and left the council room. Dominic Mauriello, representing th
applicant, indicated there was no further presentation. Jared Barnes, Planner 11, presented a recap of action
taken on the project to date. Mayor Carroll opened the public hearing, no comments were made, and the
hearing was closed. Councilor Wolf moved to approve Ordinance 13 -05, Ordinance Approving A Minor PUD
Amendment and Minor Subdivision for Wildridge Point on Lots 33 and 34, Block 4, Wildridge Subdivision
Town of Avon Eagle County Colorado. Mayor Pro Tern Goulding seconded the motion and it passed
unanimously by those present (Councilor Dantas recused due to conflict of interest).
4.6.Action by motion and vote on Planning and Zoning Commission Recommendations:
4.6.1.Commence an Application by Town Council to Amend the Text of the Municipal Code on
Various Sections (Matt Pielsticker, Senior Planner)
Matt Pielsticker presented the request to the Town Council which included a list of town code amendments
suggested by town staff and members of the Planning & Zoning Commission. It was noted that the list was
created over the past two years in response to implementing the Town's Municipal Code, Title 7
Development Code with revisions that would address such sections as the following 1) PUD Amendments vs.
Minor Amendments, 2) Public Hearing Processing Requirements, 3) Natural Resources Protection, and 4)
Defined terms to name a few. . Mayor Pro Tern Goulding moved to commence applications to amend the
text of the Avon Municipal Code; Councilor Evans seconded the motion and it passed unanimously.
4.6.2. Planning and Zoning Commission Rules of Procedure (Jared Barnes, Planner 11)
Jared Barnes presented the PZC Rules of Procedure as required by the Avon Municipal Code. There was
some discussion and suggested changes as follows:
5.b. include only same locations as posting for town council
12.b meeting packets change from "shall" to "should "; may conflict with special meeting notice
requirements
13 2nd paragraph; consistent with Roberts rules of order;
14b address ex parte contact language that is consistent with code
22d soften language "cross examine"
Overall, there was consensus to include text that is consistent with current code language. Michael
Cacioppo, Avon resident, expressed opposition to eliminating the ability to contact elected officials and
encouraged eliminating the language that wouldn't allow council members to have conversations with the
public. Town Attorney Eric Heil commented on 14b regarding the topic of "ex parte communication" noting
that it is only limited to quasi - judicial matters, but communication with council members would be allowed
on all other matters. It was decided to review a final document with revisions. Mayor Pro Tern Goulding
moved to table the decision on the PZC Rules of Procedure until suggested revisions were made to the
document. Councilor Wolf seconded the motion and it passed unanimously.
4.7. Village at Avon Settlement (Eric Heil, Town Attorney)
4.7.1. Update on Settlement Implementation
Town Attorney Eric Heil presented an update noted some of the following items:
✓ Received revisions to the service plans and currently under review
✓ The Receipt and closing escrow agreement is close to final document
✓ No bond documents have been drafted yet
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TOWN OF AVON, COLORADO - - ',
AVON REGULAR MEETING FOR TUESDAY, APRIL 9, 2013 AVON AVON TOWN HALL, ONE LAKE STREET , —
✓ Next status conference dates set for April 17th & May 7th
4.7.2. Resolution No. 13 -13, Series of 2013, Resolution Approving the Add -On Retail Sales Fee
Collection Services Agreement
Town Attorney Eric Heil presented the information on the resolution and provided an overview of the district
structure, financing and funding structure, the purpose of the number of agreements in place, information
about the declarations and purpose of the PIC (Public Improvement Company), etc. He reviewed version 5
of the Add -on Retail Sales Fee Collection Services Agreement noting a change made in the timing of the
remittance of funds and the cap on the total cost of collection expenses. He addressed Michael Cacioppo's
questions about tabor implications related to the increase of the sales fee, what case law exists related to
that matter, and whether or not an election would be required in order to increase the fee. Councilor Evans
moved to approve Resolution No. 13 -13, Series of 2013, Resolution Approving the Add -On Retail Sales Fee
Collection Services Agreement. Mayor Pro Tern Goulding seconded the motion and it passed unanimously.
4.7.3•Approval by Motion of Amendments to Declarations for the Commercial Public Improvement
Company and Mixed -Use Public Improvement Company
Town Attorney Eric Heil provided an overview of the Second Amendment to the Declaration of Covenants
for the Village (at Avon) Commercial Areas & the First Amendment to Declaration of Covenants for the
Village (at Avon) Mixed -Use Areas, which covenants apply to all areas of the Village. It was noted that the
declarations are property covenants that set forth the rights and obligations of the public improvement
companies to impose various public improvement fees in connection with the Town's tax credits. The fees
include the Real Estate Transfer Fee, the Accommodations Fee, and the Retail Sales Fee. It was noted that
the PICs are required to impose an additional "Add -on Retail Sales Fee of .75% which was part of the
settlement and the Consolidated Amended and Restated Annexation and Development Agreement. It was
noted that the Town is not a party to the amendments, but rather only a party to review the documents and
provide acknowledgement that the form of the document is acceptable prior to their final approval. The
Town Attorney also addressed the Town's legal right and ability to enforce the Add -On Retail Sales Fee.
Mayor Pro Tern Goulding moved to approve the Amendments to Declarations for the Commercial Public
Improvement Company and Mixed -Use Public Improvement Company. Councilor Evans seconded the
motion and it passed unanimously.
5. WORK SESSION
5.1. Direction on Post Boulevard Clean Up by Town Parks and Road and Bridge Divisions (Virginia Egger,
Town Manager)
Town Manager Virginia Egger reviewed the request to Council about engaging in a Post Boulevard cleanup in
the next couple of weeks noting that TCMD agreed to contribute $5800 to the total cost of $11,600. Several
items were discussed as follows:
✓ The work would be completed by town staff
✓ The costs were drafted in order to communicate with TCMD about their participation
✓ The need for a letter agreement for the reimbursement of the costs
✓ The status of the berm to be created on Hurd L
There was unanimous support to move forward with this cleanup effort.
5.2. Report on ist Quarter Strategic Plan Work & Update, as warranted, of 2 "d, 3rd and 4th Quarters
(Virginia Egger, Town Manager)
Town Manager Virginia Egger reported on the 15t Q update on the strategic plan. Council supported the
work progress completed thus far as well as supported the addition of the following two items to the work
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TOWN OF AVON, COLORADO �i
AVON REGULAR MEETING FOR TUESDAY, APRIL 912013 Y U N
AVON TOWN HALL, ONE LAKE STREET
plan: 1) Creation of Parks & Transportation Task Force working with Village at Avon and Beaver Creek, 2)
Evaluate the mall area and construction of the Wyndham Hotel to ensure the appropriate kinds of
improvements. It was noted that the town would also be reviewing all town properties and walking the mall
area in hopes of planning smarter for uses in these areas.
5.3• Committee Meeting Updates: Councilors and Mayor
5.3.1. EGE Air Alliance
Mayor Carroll noted the new United nonstop flight to Houston; airlines have raised some funding for the
that flight to begin in June.
5.3.2• UERWA Board Meeting
Mayor Pro Tern Goulding spoke about topics discussed at the last Authority board meeting, i.e. Eagle Park
Reservoir levels, status of bond financing for water tank, drought planning & policies,
5.3.3• Regional Collaboration
Mayor Carroll presented an update on the regional collaboration discussions, some work would be done
around how to create regional efficiencies as well as the topic of transportation.
5.3.4 Channel 5:
Councilor Wolf presented updates on the board meeting noting some new equipment and new programs
being offered to the community.
5.4• Council Comments
Councilor Reynolds recognized Virginia's daughter Sophia Schwartz who won the national championship in
dual moguls and was named to us ski team c team recently. Councilor Fancher spoke about creating a
community garden. Councilor Dantas provided an update about some trail closures and impacts to Avon.
Councilor Wolf spoke about the 1 -70 Wild Byway effort.
5.5• Mayor Report: Future Agenda Items
It was noted that the site walk would be scheduled for the May meeting.
There being no further business to come before the Council, the regular meeting adjourned at 8 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynol
Jake Wolf
RESPECTFULLY SUBMITTED:
Patty McKen awn Clerk
Avon Town Council Meeting April 9, 2013
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