TC Minutes 07-17-2013AV, 0 N
TOWN OF AVON, COLORADO
MINUTES FROM REGULAR MEETING FOR WEDNESDAY, JULY 17, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:10 PM. A roll call was taken and Council members present
were Dave Dantas, Jennie Fancher, Todd Goulding, and Jake Wolf. Councilor's Chris Evans, Todd Goulding
and Buz Reynolds were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil,
Deputy Town Clerk Debbie Hoppe, Finance Director Scott Wright, Senior Planner Matt Pielsticker and
Planner II Jared Barnes, Town Engineer Justin Hildreth, as well as other staff members and the public.
2. APPROVAL OF AGENDA
Mayor Carroll noted the following changes to the agenda:
1. Addition of letter to the US Forest Service stating support for USFS 7 -779 to be "open to all vehicles" as
shown on the 2013 Motor Vehicle Use Map, which is currently under review (Dave Neely, USFS)
2. May need some flexibility with timeframes as the Winterwondergrass Request discussion would
need to occur at 7:30 pm
3. PUBLIC COMMENT
There were no comments made at this time.
4. EXECUTIVE SESSION BEGINS AT 5 PM (THIS MEETING IS NOT OPEN TO THE PUBLIC)
Mayor Carroll moved to meet in executive Session at 5:12 pm for the purpose of receiving legal advice
pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to settlement matters regarding Town of Avon
v Traer Creek Metropolitan District, 20o8 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316.
Councilor Dantas seconded the motion and the members met in Executive Session. Mayor Carroll noted that
the discussion would be confined only to the purposes of the executive session as stated above and that if at
any time during the executive session anyone believes that the discussion does not concern the topic and
purpose of the executive session, to please raise your objection immediately.
The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas,
Councilor Jennie Fancher, Mayor Pro Tern Todd Goulding,, Councilor Jake Wolf, Town Manager Virginia
Egger, Town Attorney Eric Heil. Councilor Chris Evans and Councilor Buz Reynolds were absent. Town
Attorney Eric Heil noted that this executive session was for the purpose of providing legal advice on specific
legal questions, and requested that the Town Clerk cease recording the executive session at this time.
Mayor Carroll noted that the executive session adjourned at 5:56 PM and the meeting now reconvened in
regular session. He asked if any Town Council member believed that any discussion in executive session was
inappropriate and not related to the topic and purpose of the executive session to please state the
objections at this time; there were no objections.
5. AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 6:05 PM AND ADJOURNED AT 6:15 PM (LIQUOR BOARD
MINUTES DRAFTED SEPARATELY)
6. ACTION ITEMS
6.1. Action on a letter to the US Forest Service stating support for USFS 7 -779 to be "open to all vehicles"
as shown on the 2013 Motor Vehicle Use Map, which is currently under review (Dave Neely, USFS)
Dave Neely, USFS, spoke about the public input received on this topic. Council supported sending a letter to
the USFS regarding the Eagle -Holy Cross 2013 Motor Vehicle Use Map ( "MVUM ") in support of the updates
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TOWN OF AVON, COLORADO
MINUTES FROM REGULAR MEETING FOR WEDNESDAY, JULY 17, 2013
AVON TOWN HALL, ONE LAKE STREET
to this map as the area is accessed directly from the Wildridge neighborhood. Councilor Fancher moved to
authorize the Mayor to sign a letter in support of the USFS Eagle -Holy Cross 2013 Motor Vehicle Use Map;
Councilor Wolf seconded the motion and it passed unanimously by those present (Councilors Evans,
Goulding and Reynolds absent).
6.2.Approval of Minutes from June 25, 2013
Councilor Dantas moved to approve the minutes from June 25, 2013; Councilor Fancher seconded the
motion and it passed unanimously by those present (Councilors Evans, Goulding and Reynolds absent).
6.3.Public Hearing on Amplified Sound Permits (Patty McKenny, Assistant Town Manager)
6.3.1. TEAM Unlimited LLC for Start of Xterra Mountain Championship Race on July 2otn
(Trey Garman, XTERRA)
The applicant presented the event application for the XTERRA race. After some discussion, Mayor
Carroll opened the public hearing, no comments were heard, and the hearing was closed. Councilor
Wolf moved to approve the amplified sound permit for TEAM Unlimited LLC for Start of Xterra
Mountain Championship Race on July 20; Councilor Fancher seconded the motion and the permit was
approved unanimously by those present (Councilors Evans, Goulding and Reynolds absent).
6.3.2. Vail Valley Charitable Fund for BecTri Duathalon on August 3rd (Michelle Maloney, BecTri)
Patty McKenny presented the application on behalf of the applicant. Mayor Carroll opened the public
hearing, no comments were heard, and the hearing was closed. Councilor Wolf moved to approve the
amplified sound permit for Vail Valley Charitable Fund for BecTri Duathalon on August 3rd; Councilor
Fancher seconded the motion and the permit was approved unanimously by those present (Councilors
Evans, Goulding and Reynolds absent).
6.4. Action on 2013 Intergovernmental Agreement with Eagle County for GIS Services (Matt
Pielsticker, Senior Planner)
The IGA for GIS services with Eagle County was presented in an effort to assist the town with its needs
for routine datalayer updates, maintenance of digital information and special projects and mapping.
With a vacancy in the position, staff determined there was no longer a need for full time work in this
area, thus it was determined that outsourcing this function with the county made sense. After some
discussion, Councilor Wolf moved to approve the IGA with Eagle County for GIS services; Councilor
Dantas seconded the motion and it passed unanimously by those present (Councilors Evans, Goulding
and Reynolds absent).
6.5. Public Hearing on Second Reading of Ordinance 13 -o8, Series of 2013, An Ordinance Approving
the Amended Final Plat, A Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon,
Eagle County, Colorado (Justin Hildreth, Town Engineer)
It was noted that there were some minor changes to the plat along with minor modifications to title
certificate per information provided by Dominic Mauriello, representing applicant Syndham Vacation
Resorts, Inc. as the applicant. The changes were reviewed by staff and the Town attorney Dominic
Mauriello presented the revised final plat showing the modification to the lot lines, etc.
Councilor Fancher moved to approve Ordinance 13 -o8, Series of 2013, on second reading, an Ordinance
Approving an Amended Final Plat, a Replat of Lot 61, Block 2, Benchmark at Beaver Creek subject to the
revisions provided by the applicant at second reading which include:
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• modifications to the exceptions in the title certificate;
• the clarification of the language of note 6, so that this plat appropriately re- dedicates the
transportation hub easement;
• the addition of a new note 8 which vacates all previous amended plats affecting the property (a
relocation and clarification of the previous title certificate note 18);
• extending the 20' wide transportation hub easement westward to the new right -of -way for Lettuce
Shed Lane;
• correcting the adjacent property owner names on the plat; and
• any other technical changes or corrections required by Town staff
• and finding that the approval of the Application is in compliance with the mandatory review criteria
for Final Plat Major Subdivision found in the Avon Municipal Code Section 7.16.070(f).
Councilor Wolf seconded the motion and it passed unanimously by those present (Councilors Evans,
Goulding and Reynolds absent). Since the hearing was not opened earlier, Mayor Carroll opened the
public hearing, no comments were made, the hearing was closed.
6.6. First Reading of Ordinance 13 -09, Series of 2013, Ordinance Amending Title 7 of the Avon
Municipal Code, including General Procedures, Planned Unit Development Amendments,
Natural Resources Protection Standards, and Engineering Improvement Standards
(Matt Pielsticker, Senior Planner)
The memo was presented from the Council packet that included a description of the items included in
Ordinance No. 13 -09 in response to the Council's 2013 strategic plan. There was a prioritizing of the
topics with a list of amendments broken into "Tier 1" and "Tier 2" amendments by PZC. A review of the
Proposed Amendments was made noting that the proposed modifications outlined would not only provide
clarity, but would also cleanup Development Code (Title 7, AMC) sections that are redundant, contradictory,
obsolete, or have been found to be troublesome for code users. The following sections were addressed:
Table 7.16 -1, Development Review Procedures and Review Authority — Page 52
Section 7.16.020(e), Step 5: Public Hearings — Pages 56 -57
Section 7.16.020(g), MinorAmendment — Pages 58-59
Section 7.16.o6o(e)(4), Review Criteria — Page 65
Section 7.16.o6o(h), Amendments to a Final PUD — Pages 67 -68
Section 7.16.o8o(b)(2) Minor Development Plan — Page 75
Section 7.16.ogo, Design Review — Page 77
Section 7.28.1oo(a), Steep Slopes — Pages 170 -173
Section 7.32.02o, Layout and Design Generally — Pages 199 -200
There was discussion and input on the ordinance as follows:
✓ Discussion about hearings and timeframe for rendering final decisions
✓ Delete minor amendments; defines administrative amendments, clarification on review criteria
✓ Discussion about calling up PZC items by the Town Council
Public input was received from both Avon resident Michael Cacioppo and Dominic Mauriello who submitted
some comments addressing minor PU D amendments, Minor subdivisions, and Zoning Amendments.
Councilor Fancher moved to approve on first reading Ordinance 13 -09, Series of 2013, Ordinance
Amending Title 7 of the Avon Municipal Code, including General Procedures, Planned Unit
Development Amendments, Natural Resources Protection Standards, and Engineering Improvement
Standards and schedule a public hearing and second reading of the Ordinance for August 13, 2013. It was
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TOWN OF AVON, COLORADO
MINUTES FROM REGULAR MEETING FOR WEDNESDAY, JULY 17, 2013
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also agreed that a change to minor subdivision would be made to allow for it to be approved
administratively. Councilor Wolf seconded the motion and it passed unanimously by those present
(Councilors Evans, Goulding and Reynolds absent).
6.7. Review and Action on Dates and Seed Funding Request for WinterWonderGrass Festival, a 3 -day
music event in Nottingham Park, February 21 — 23, 2012 (Virginia Egger, Town Manager)
Virginia Egger, Town Manager, presented an introduction to the topic by providing information about
the town's 2013/14 strategic plan that supports increasing special events including the addition of three
music events each year in Avon. It was noted that an RFQ was released and three responses were
received. Scotty Stoughton, event promoter, presented his concept for a WinterWonderGrass Festival
for Avon Colorado. (Councilor Goulding arrived at 7:40 pm.) He reviewed his presentation with
information about their vision, format of festival, future of the event, details, partnerships with Avon
and Beaver Creek and businesses, promoter information, the marketing and branding benefits for
Avon, and their request for seed funding. There was success with the event in Edwards last year, but
he sees an opportunity in hosting the event in Avon that would allow future growth opportunities as
wells as a safe and promising venue.
Mayor Carroll invited those in the audience to give input:
✓ Tom Beaver, Montana's, encouraged Avon to support this kind of event, better market to pursue,
also commented on the police presence,
✓ Tony Karen, Ft. Lauderdale, loves Avon, former CFO, and supports this kind of event
✓ Liz Farren, Montana's, supports the music festival to help promote community, people are afraid to
come to avon becuz of the law enforcement
✓ Jake Wolf: commented on their discussion w/ Chief Ticer about not including police inside this
venue
✓ Kent Bidel, Loaded Joes, sees this has a huge opportunity to host more events, with store in vail,
towns operate differently, vail operate events year round with great success for them, this event
could be a huge opportunity, avon is missing it, there hasn't been a spirit for hosting the events in
avon,
✓ Jonathan Levine: hummers of vail and local limo service, police service has improved over the years,
this type of event would attract visitors, asked council to strongly consider this event, did see
conflict with snowbowl with their business, think about: prefer it only go until g pm to transition to
local establishments,
✓ Michael Caccioppo, resident, retired music promoter, supports ticket fee that town could collect,
great promoter, bad event in snowball, better demographic, great ongoing event for avon,
comparing vail to avon vail funds promoters don't have ticket fees, avon getting a better deal
✓ Brandt, Loaded Joes, supported Scotty Stoughton and the kinds of things they did with snowball
were great
Council commented on a number of items as follows:
✓ Could be a great event for Avon and the park
✓ Some discussion about how festivals and police interface
✓ Great time to try out an event before 2015 championships
✓ Discussion about crowds number maximums, some supported higher numbers; promoter wanted
to keep it manageable at around 3000
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TOWN OF AVON, COLORADO
MINUTES FROM REGULAR MEETING FOR WEDNESDAY, JULY 17, 2013
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✓ Discussion about sponsors role and ticket fees and need to understand financial information, some
preferred to keep it a business partnership
Councilor Wolf moved to approve the following parameters of WinterWonderGrass — 3 day music
festival:
• Approval of event dates for February 21 -23, 2013
• Approval of in -kind up to $25,000
• Approval of $50,000 in musician support to be paid from the CIP — Economic Development line item
($750,0oo budgeted)
• Approval of ticket sales not to exceed 4,000 per day
• Approval of the Town Manager to sign an agreement for production, including but not limited to all
planning and producer performance dates, insurance, indemnification, deposits, marketing plan,
security and law enforcement plan, demographic data collection and other metrics as may be
determined, and reporting requirements
• Direct staff to research and prepare legislation for a Special Event Ticket Fee in the amount of $2.00
per ticket/per day.
Councilor Fancher seconded the motion and it passed unanimously by those present (Councilors Evans
and Reynolds absent).
6.8. Approval of Street Improvement Contracts based upon the Lowest Qualified Bid
(Justin Hildreth, Town Engineer)
The Bid Opening for both Projects is July 18th. Due to scheduling of the next Town Council meeting on Aug
th and the desire to begin construction as soon as possible after Bid Opening on July 18th
13 , staff is requesting
that Council preauthorize issuance of Notice of Award for both contracts provided the lowest, qualified bid
for each project does not exceed the approved Town of Avon 2013 Capital Projects Fund budgeted amounts
as shown in Table 1 of packet: 1) Asphalt Overlay Project which includes milling, crack repair, and asphalt
overlay of Draw Spur and Beaver Creek Point in the Wildridge Subdivision, and 2) the Slurry Seal Project
which consists of crack repair, application of an asphalt sealer containing fine aggregate, and striping. Roads
included in the Slurry Seal Project are: Saddle Ridge Loop, Old Trail Road, Beartrap Road, Shepherd Ridge,
and Ked Spur in Wildridge and Nottingham Road (west from Swift Gulch). The proposed work is anticipated
to begin in early August and be completed by the end of September. There was discussion about the bike
lane evaluation on Metcalf Road as not a viable project because there is not enough road to accommodate
the uphill bike lane. Councilor Dantas moved to authorize the Town Manager to award Asphalt Overlay and
Slurry Seal contracts to the lowest, qualified bidder for each project provided that the bid does not exceed
the budgets as approved in the Town of Avon 2013 Capital Projects Fund; with the condition that the number
is $551,553 Which would include completing the parking spaces at the new Avon West Preserve, and that the
Town Manager is further authorized to amend the project scope, if needed, after evaluating as bids per the
available funds. Councilor Fancher seconded the motion and it passed unanimously by those present
(Councilors Evans and Reynolds absent).
6.9. Notice of Award for Recreation Center Membrane Roof Replacement (Justin Hildreth, Town
Engineer)
It was noted that the Recreation Center flat EPDM roofs leak and there was a need to replace ithis year
as part of the CIP Fund budget. Staff noted that the lowest bidder Horizon Roofing of Eagle should be
selected to complete the project, bid amount of $116K. Councilor Dantas moved to award the
construction contract for the Recreation Center Flat Roofs Replacement project to Horizon Roofing in
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the amount of $116,68o, and allow Town Manager to approve amendment to the contract if changes
are within the budget. Mayor Pro Tern Goulding seconded the motion and it passed unanimously by
those present (Councilors Evans and Reynolds absent).
6.1o. Phase II Recreation Center Expansion and Recreational Improvements
6.1o.1. Review of Ballot Schedule and Draft Question for Phase II Expansion and other
Recreation Improvements (Scott Wright, Finance Director)
The report on the Phase II Recreation Center Expansion and Recreation Improvements was presented
to the town council. It was noted that a final decision would be need prior to September 6th as that is
the last day to certify the ballot content to Eagle County for the election. A number of topics were
reviewed:
➢ Proposed costs are being fine tune to be presented at the next meeting
➢ It was noted that there must be an understanding of recreation center and programming trends
➢ Discussion about surveying the community to obtain feedback about this topic
➢ A review of the ballot materials was made by Dee Wisor, Sherman and Howard
It was agreed that more discussion was need at the August 13th meeting.
6.10.2. Action on Telephone Survey Questions — (Virginia Egger, Town Manager)
There was consensus to delay the telephone survey.
6.10.3. Action to Notice Eagle County Clerk of Town Participation in November 5, 2013
Coordinated Mail Ballot Election — ballot question [May be rescinded if no ballot
question is completed] (Patty McKenny, Assistant Town Manager)
There was direction to notice Eagle County that the Town would participate in the November 5, 2013
election in light of a possible ballot question.
7. WORK SESSION
7.1. Economic Development Report:
7.1.1. Trimester Report from Department's on Economic Activity (Scott Wright, Finance Director)
The information presented shows positive economic trends at this time; the URA refinancing is moving
forward, and there was support for this kind of information with a staff analysis of the data to be
included in the report.
7.1.2 Council Review: Draft Economic Development Plan, Including Council Review Direction
on RFP for Town of Avon Branding and Marketing Initiative; and Hiring a Director of Economic
Development Initiatives (Virginia Egger, Town Manager)
Discussion focused on the some of the following topics:
✓ Business community support of the economic development efforts and direction suggested by
the town
✓ Town takes the lead and then hands it over to business community
✓ Consider holding a business summit
✓ Discussion about funding the position from general fund or capital fund
✓ Market position in ski resorts and Denver Colorado
The Town Council supported hiring the position taking time to conduct the interview process to hire
the right person; staff was directed to draft the hiring process for their consideration. Town Council
also supported releasing an RFP for services to assist in brand development and marketing
implementation strategies for the town.
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1.1. 2 "d Quarter 2013 -14 Strategic Plan Report (Virginia Egger, Town Manager)
It was noted that this report would also be used as a discussion document during the upcoming
retreat.
1.2. Review of August 13 Retreat Agenda: Walking Mountain Science Center (Virginia Egger, Town
Manager)
It was noted that an agenda would be drafted and if there were any other topics of interest to forward
to town manager and the Morrison Group would continue providing the facilitation services for the
meeting.
1.3. Village at Avon Update (Eric Heil, Town Attorney)
The outstanding Village at Avon settlement issues were reviewed per the memo as the 1) taxable vs.
tax - exemption bond situation, 2) the Nottingham Ditch Maintenance Obligations, and 3) the timetable
for November 13, 2013 as the deadline date to mee.
2. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
There updates presented on the following meetings:
2.1. EGE Air Alliance (Rich Carroll, Mayor)
2.2. Eagle County School District Meeting with Superintendent (Rich Carroll, Mayor)
2.3. Eagle County Regional Collaboration Meeting on Transportation (Rich Carroll, Mayor)
Some comments were made in light of the email from Buffalo Ridge Apartments about how to address
the lack of transit services to that location and Nottingham Road
3. EXECUTIVE SESSION CONTINUED FROM EARLIER IN THE DAY (THIS MEETING IS NOT OPEN TO THE PUBLIC)
At 11:25 pm Mayor Carroll moved to meet in Executive Session for the purpose of receiving legal advice
pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to settlement matters regarding Town of Avon
v Traer Creek Metropolitan District, 20o8 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316.
Mayor Pro Tern Goulding seconded the motion and the members met in Executive Session. Mayor Carroll
noted that the discussion would be confined only to the purposes of the executive session as stated above
and that if at any time during the executive session anyone believes that the discussion does not concern the
topic and purpose of the executive session, to please raise your objection immediately.
The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas,
Councilor Jennie Fancher, Mayor Pro Tern Todd Goulding, Councilor Jake Wolf, Town Manager Virginia
Egger, Town Attorney Eric Heil. Councilor Chris Evans and Councilor Buz Reynolds were absent. Town
Attorney Eric Heil noted that this executive session was for the purpose of providing legal advice on specific
legal questions, and requested that the Town Clerk cease recording the executive session at this time.
Mayor Carroll noted that the executive session adjourned at 12:40 PM and the meeting now reconvened in
regular session. He asked if any Town Council member believed that any discussion in executive session was
inappropriate and not related to the topic and purpose of the executive session to please state the
objections at this time; there were no objections.
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MINUTES FROM REGULAR MEETING FOR WEDNESDAY, JULY 17, 2013
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There being no further business to come before the Council, the regular meeting adjourned at 12:40 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
RESPECTFULLY SUBMITTED:
au
Patty M e ny, Clerk
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